Welcome to the Serta Simmons Bedding ProTracker - the proprietary product tracking system of Serta Simmons Bedding, LLC (“we”, “us”, “our” or "Serta Simmons Bedding"). This website (the "Website") allows users to track, locate and take action on retail orders for Serta products placed with a Serta licensee and/or Simmons product placed with Simmons Bedding Company (each referred to herein as "Supplier").
2. ACCESS; IDs AND PASSWORDS. Access to most of this Website and your use of the services provided on or available through this Website (the "Website Services") requires either a log in name and password or other identifying information, such as a purchase order number and the zip code of the purchaser. If we issue you or your employer a login name, a password, account or personal identification number or other authentication feature to access this Website, such features may not be transferred or shared with any other party, temporarily or permanently. You bear sole responsibility for the use of such features and for their confidentiality.
3. COPYRIGHT RESTRICTIONS/USE OF CONTENT. The entire contents of this Website (including all information, software, text, displays, images and audio available on or through this Website) and the design, selection and arrangement thereof (collectively, the "Website Content") are proprietary to us, our licensors and/or our Suppliers and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the Website Content for personal use or legitimate business purposes. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without our prior written consent, except to: (a) store copies of such materials temporarily in your computer, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Website are transferred to you, but remain with Serta Simmons Bedding or the applicable owner of such content. Except as we expressly authorized in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Website, (b) access to this Website or (c) use of this Website, including any Website Services or Website Content.
4. TRADEMARKS. The terms "Serta”, “Simmons”, "ProTracker" and the related logos and all related service names, designs and slogans belong to us and/or one of our subsidiaries. You may not use such trademarks without our prior written permission for any purpose. All other names, brands and marks are used for identification purposes only and may be the service marks, trademarks or registered trademarks of their respective owners.
5. AUTHORIZED USE. You agree to use the Website only for lawful purposes:
(a) Specifically, you agree not to do any of the following:
(1) upload to or transmit on the Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner;
(2) use the Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;
(3) intercept or attempt to intercept electronic mail not intended for you;
(4) misrepresent an affiliation with any person or organization;
(5) upload to or transmit on the Website any advertisements or solicitations of business;
(6) restrict or inhibit use of the Website by others;
(7) upload or otherwise transmit files that contain a virus or corrupted data;
(8) collect information about others (including e-mail addresses) without their consent;
(9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Website or that you have a contractual obligation to keep confidential (notwithstanding our availability on the Website);
(10) post "spam," transmit chain letters or engage in other similar activities;
(11) violate or attempt to violate the security of the Website, including, without limitation, by accessing data not intended for you, logging into a server or account that you are not authorized to access, attempting to probe, scan, spider or test the vulnerability of any system or network, or breaching security or authentication measures without proper authorization; or
(12) engage in any other conduct that restricts or inhibits anyone's use of the Website, or which, as we determine, may harm Serta Simmons Bedding, one of its subsidiaries, and/or users of the Website or expose them to liability.
(b) Any content and/or opinions uploaded, expressed or submitted to any publicly available section of the Website (including password-protected areas), and all articles and responses to questions in such publicly available sections of the Website, other than the content we provide, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect our opinions or the opinions of a Supplier. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Serta Simmons Bedding, its subsidiaries or a Supplier, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to the ProTracker in any manner, including posting to a publicly available area of the Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to submit it or post it to the Website. You understand that any postings, or content submitted for posting, to publicly available portions of the Website are non confidential for all purposes. Except as otherwise specified by us at the time of submission, you grant to us the right to use all content submitted to us in any manner we choose, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
(c) Serta Simmons Bedding reserves the right, but does not assume any responsibility, to
(1) remove any material posted on the Website which Serta Simmons Bedding, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Serta Simmons Bedding has been notified, or has reason to believe, constitutes a copyright infringement; and
(2) terminate any user's access to all or part of the Website. However, we can neither review all material before it is posted on the Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by third parties. We reserve the right to take any action we deem necessary to protect the personal safety of users of this Website and the public; however, we have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
6. LINKS TO OTHER SITES; DEALINGS WITH THIRD PARTIES. This Website may contain links to other websites on the Internet. We are not responsible for and do not endorse the content, products, services or practices of any third party websites, including, without limitation, sites framed within the Website or third party marketing materials, and do not make any representations regarding their quality, content or accuracy. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such websites. If you choose to correspond, participate in a promotion or engage in transactions with any other organization or business found on or through this Website, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such organization or business, including our treatment of your information and the terms and conditions applicable to any transaction between you and such third party. The terms of your interaction with any third party are solely between you and such third party. You agree that we will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such organizations or businesses on this Website.
7. LINKING TO THE WEBSITE. Linking to the Website is permitted as a courtesy. You may establish a hypertext link to the Website; provided that the link is a text-only link clearly marked with our name, and that the appearance, position and other aspects of the link do not damage or dilute the goodwill associated with our name and marks or create the appearance of any false association, affiliation, endorsement or sponsorship. Any such link must direct the user to the Website in a full screen; display of the Website within a "frame" on another site is not permissible. This permission to link to the Website does not, in any way, imply our endorsement of the linked site. We reserve the right to specifically revoke consent to link to the Website if we determine, in our sole discretion, that the site containing the link to the Website does not meet our aesthetic or other standards.
8. LIABILITY OF SERTA SIMMONS BEDDINGS. We do not assume any liability for the Website Content. Reliance on the Website Content is solely at your own risk. We disclaim any liability for injury or damages resulting from the use of any Website Content. THE WEBSITE, THE WEBSITE CONTENT AND THE WEBSITE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER SERTA SIMMONS BEDDING, NOR ITS AFFILIATES, NOR ANY PERSON ASSOCIATED WITH THEM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, SECURITY OR AVAILABILITY OF THE WEBSITE, THE WEBSITE CONTENT OR THE WEBSITE SERVICES. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER SERTA SIMMONS BEDDINGS, NOR ITS AFFILIATES, NOR ANY PERSON ASSOCIATED WITH THEM, WARRANTS OR REPRESENTS THAT THE WEBSITE, THE WEBSITE CONTENT OR THE WEBSITE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT IT WILL NOT BE SUBJECT TO UNAUTHORIZED ACCESS BY THIRD PARTIES; OR THAT THE WEBSITE, THE WEBSITE CONTENT OR THE WEBSITE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SERTA SIMMONS BEDDING AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN NO EVENT WILL SERTA SIMMONS BEDDING OR ITS LICENSORS, CONTRACTORS, OR AFFILIATES, OR ANY PERSON ASSOCIATED THEREWITH, BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE WEBSITE CONTENT, THE WEBSITE SERVICES OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE, THE WEBSITE CONTENT OR THE WEBSITE SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY SERTA SIMMONS BEDDINGS OR ITS LICENSORS, CONTRACTORS, OR AFFILIATES, AND WHETHER OR NOT ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
10. COMPLIANCE. The owner of this Website is based in the State of Georgia, USA. We make no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from other locations, you are responsible for complying with local laws.