TERMS OF USE

  1. Acceptance of Terms of Use.By accessing our Site (as defined below), you expressly accept and agree to be legally bound by and comply with all of the terms and conditions set forth herein, as well as the following legal notices (which are incorporated herein by this reference):

Privacy Policy.

To view these legal notices, please click on the title of each notice.

The terms and conditions set forth herein, and the provisions of the above-referenced legal notices, are referred to hereinafter collectively as the “Terms of Use.”

If you do not agree to the Terms of Use, please do not access or use any Service or Content of our Site. We reserve the right, in our sole discretion, to update or revise the Terms of Use at any time.

  1. Ability to Accept Terms of Use. As a condition of your use of any Service or Content of our Site, you represent and warrant that you: (a) are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent; and (b) are fully able and competent to understand, assent to, and enter into the Terms of Use, and to abide by and comply with the Terms of Use.  In any case, no one under 13 years of age may use our Site or any Service or Content of our Site.
  1. Certain Definitions. As used herein, the term “our Site” means any of the following: CUSTOMCOMFORTMATTRESS.COM; any WAP or mobile site associated with CUSTOMCOMFORTMATTRESS.COM, whether existing now or in the future; and/or any official page or channel established now or in the future by any Custom Comfort Mattress Company related-entity on third-party social networking sites and user-generated content hosting sites; the term “Service” means any online service provided by or through our Site, including, without limitation, internet access, email, instant messaging, mobile messaging, webcast, Content downloads, wireless delivery of Content, forums, chat rooms, bulletin boards, message boards, story boards, weblogs, videoblogs (vlogs), social networking services, and shopping channels, whether existing now or in the future; the term “Content” means any and all content, information, data and material made available on our Site, including, without limitation, text, images, photographs, videos, audios, music, ringtones, wallpapers, graphics, logos, icons, and merchandise items; the term “User” means you or any other person or entity who accesses or uses our Site or any Service or Content.
  2. Right to Terminate.Any violation of the Terms of Use by a User may result in civil or criminal liability, and we may, in addition to any remedy that we may have at law or in equity, immediately terminate permission for any User or, if necessary, for all Users to use our Site and all Services and Content. We reserve the right, but we are not obligated, to terminate or remove any Service or Content that, in our sole judgment, violates the Terms of Use or any applicable law, or may expose or subject our Site to liability of any kind, or may adversely affect the reputation or goodwill of our Site or Custom Comfort Mattress Company.
  3. Right to Investigate. We may investigate any suspected or alleged violation of the Terms of Use and cooperate with law enforcement authorities and/or third-parties in such investigation.  YOU HEREBY WAIVE AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US OR ANY CUSTOM COMFORT MATTRESS COMPANY RELATED ENTITY BASED UPON ANY INVESTIGATION BY US OR ANY CUSTOM COMFORT MATTRESS COMPANY RELATED ENTITY OR LAW ENFORCEMENT AUTHORITIES, OR ANY ACTION TAKEN IN CONNECTION WITH OR AS A RESULT OF SUCH INVESTIGATION.
  4. Right to Disclose. You understand and agree that we have the right at all times to disclose the identity of a User in connection with internal investigation of any abuse of our Site or any Service, law enforcement authorities’ investigation of alleged illegal activity, or in response to a lawful court order or subpoena.
  5. Prohibited Use and Reporting Abuse.We do not permit or tolerate any illegal, abusive, harmful or improper use of our Site or any Service or Content, or any use that interferes with other Users’ enjoyment of our Site or any Service or Content. Without limiting the generality of the foregoing, we specifically prohibit the following activities:

(a) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication, or engaging in, soliciting, inducing, encouraging or contributing to any act or conduct that is unlawful, harassing, stalking, threatening, abusive, defamatory, libelous, slanderous, scandalous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, vulgar, profane, racist, discriminating, or otherwise objectionable or offensive;

(b) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication, or engaging in, soliciting, inducing, encouraging or contributing to any act or conduct that infringes upon or violates any patent, copyright, trademark, trade secret, right of privacy or publicity, or other intellectual property or proprietary right of any person or entity, including, without limitation: (i) copying, reproducing, displaying, exhibiting, performing, transmitting, sharing or distributing any copyrighted work or material without permission or consent from the copyright owner; and (ii) providing information, software, programs or tools that enable circumvention of manufacturer-installed copy-protected devices;

(c) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication, or engaging in, soliciting, inducing, encouraging or contributing to any act or conduct that violates or may give rise to criminal or civil liability under any federal, state, local, national or international law, including, without limitation, the U.S. export control laws and regulations and the Computer Fraud and Abuse Act;

(d) Collecting, storing, posting, transmitting or soliciting personal information (including, without limitation, biographical, residential, social, marital, occupational, financial, and health information) about other Users without their knowledge or consent, through “phishing” or under any other false pretense

(e) Collecting, storing, posting, transmitting or soliciting personal information about persons under the age of 18;

(f) Collecting, posting, transmitting or soliciting harmful computer software viruses, bugs, worms, codes, files or programs;

(g) Promoting or soliciting involvement in or support of a political platform, religion, cult or sect;

(h) Promoting or soliciting gambling or engaging in any gambling or similar activity;

(i) Promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals;

(j) Gaining or attempting to gain unauthorized access to any Service, profiles, blogs, chat rooms, communities, or account information, or providing or soliciting personal identifying information for commercial or unlawful purposes;

(k) Impersonating, or otherwise misrepresenting affiliation, connection or association with, any person or entity;

(l) Engaging in any act to deceive or mislead, including, without limitation, (i) falsifying User information; (ii) forging or otherwise manipulating headers or other identifying information in order to disguise the origin of any User; (iii) using invalid or non-existent domain names or other means of deceptive addressing in User Postings; and (iv) relaying email or other material in an anonymous fashion, relaying email or other material from any third-party’s server without that third-party’s permission, or using similar techniques to hide or obscure the source of email or other material;

(m) Transmitting or distributing “junk mail,” “chain mail” or “chain letters,” or engaging in unsolicited mass emailing, “spamming” or “spimming,” or making fraudulent offers to sell or purchase, or conducting any type of financial scam such as “pyramid schemes” and “ponzi schemes”;

(n) Engaging in “trolling,” such as posting material, information, message or communication that is off-topic, absurd, or meaningless, with the intent of causing disruption or provoking reaction from others, or disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other Users are able to type, or otherwise acting in a manner that negatively affects other Users’ ability to engage in real time exchanges;

(o) Disrupting or interfering with other Users’ use of our Site or any Service or Content or any system or network, including, without limitation, (i) making “denial of service” attacks against another system or network host or another User; (ii) hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with a system or network; and (iii) without permission from the owner or host of a system or network, accessing such system or network, monitoring data or traffic, probing, scanning, testing firewalls, testing the vulnerability of such system or network, or breaching the security or authentication routines of such system or network;

(p) Reselling or attempting to resell any Service without our prior authorization; and

(q) Any other activities that we determine, in our sole discretion, are illegal, abusive, harmful or improper.

  1. Proprietary Rights.You acknowledge and agree that all Content on our Site is protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights that belong to Custom Comfort Mattress Company and its licensors. You may not copy, reproduce, sell, distribute, disseminate, transmit, publicly display, publish, modify, adapt, edit or otherwise exploit any such Content for any purposes, by any means or in any media, other than: (a) printing or downloading for your personal, non-commercial use ONLY, provided that you must keep intact all copyright, trademark and other proprietary rights notices contained in or accompanying such Content; and/or (b) as expressly authorized by us. The systematic retrieval of any such Content to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission is prohibited. In addition, use of any Service or Content for any purpose not expressly permitted in these Terms of Use is prohibited.
  2. Custom Comfort Mattress Company Trademarks. As used herein, “Custom Comfort Mattress Company Trademarks” means all names, marks, brands, logos, designs, trade dress and other designations that belong to the Custom Comfort Mattress Company, including, without limitation, CUSTOM COMFORT MATTRESS COMPANY, CUSTOMCOMFORTMATTRESS.COM, TRUDELL BROS., DAVID VS. GOLIATH, SILVIO & SONS, CCMC, ULTRA KING and CUSTOM COMFORT RESERVE. You may make reference to the Custom Comfort Mattress Company Trademarks but only if your reference is truthful and not misleading. You may not remove or alter any Custom Comfort Mattress Company Trademark. You acknowledge the rights of Custom Comfort Mattress Company in the Custom Comfort Mattress Company Trademarks and agree that any and all use of the marks shall inure to the sole benefit of Custom Comfort Mattress Company. You agree not to incorporate any Custom Comfort Mattress Company Trademark into your marks, names, logos, domain names, links or designations.
  1. Third Party Trademarks. All other trademarks and service marks that may appear on our Site are the property of their respective owners.
  2. Third Party Websites. Our Site may provide links to certain third-party websites for your convenience only. These third-party sites are not owned or controlled by Custom Comfort Mattress Company. Therefore, we do not warrant or guarantee the availability, completeness, correctness, accuracy, usefulness, timeliness or reliability of, or the results of your use of or reliance upon, any information or material contained in such third-party sites. Also, by merely linking to a third-party site, we by no means sponsor, endorse, approve or recommend such third-party site, or any information, material, views, opinions, products or services posted, offered or advertised on such third-party site. You acknowledge that you access and use such third-party sites solely at your own risk. You agree that under no circumstances will we be liable in any way for any information or material contained in any third-party sites linked to or from our Site. We are not responsible for any errors or omissions associated with such third-party sites, or for any loss or damage of any kind incurred as a result of your use of or reliance upon any information or material contained in such third-party sites.

Conditions for Linking to Our Site.  You may link to our Site, but subject to the following conditions:

  • Your link must be a text-only link to our Site;
  • You do not“frame” or otherwise create a browser or border environment around any page or content of our Site;
  • You do not“inline link” to any content or internal page of our Site;
  • You do notuse any logo or design mark of Custom Comfort Mattress Company in or as your link to our Site;
  • You do notcopy, reproduce, alter, modify, perform, display, or distribute any content of our Site;
  • You do notlink to our Site from any adult or sexually oriented website;
  • You do notmisrepresent or falsely suggest that your website is sponsored, endorsed or approved by, or is affiliated or otherwise connected or associated with, our Site;
  • You do notpublish false, misleading or inaccurate information about, or otherwise disparage, our Site, or any product or service of Custom Comfort Mattress Company; and
  • You link to our Site entirely at your own risk; we make no representation or warranty, express or implied, regarding our Site or its content (all of which is provided “as is” and “as available”); and we are under no obligation to support your link to our Site.

By linking to our Site, you acknowledge acceptance of all of the above conditions and agree to be bound by them. If you do not agree, please DO NOT link to our Site. Any deviation from the above conditions must be specifically authorized in writing by us.

  1. Dealings with Advertisers. We may allow certain third-parties to place, display, serve or sponsor advertisements on our Site, now or in the future. Your communication or business dealings with, or participation in promotions of, such advertisers, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that we shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our Site.
  2. Disclaimer of Warranties.YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) OUR SITE IS FOR GENERAL INFORMATIONAL, EDUCATIONAL AND COMMERCIAL PURPOSES ONLY, AND DOES NOT INTEND TO ADVISE, INSTRUCT OR MAKE RECOMMENDATIONS WITH RESPECT TO ANY PARTICULAR SUBJECT, MATTER, MATERIAL, PROBLEM, SITUATION OR INDIVIDUAL.

(B) OUR SITE AND ALL SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SITE AND ANY AND ALL SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THE AVAILABILITY, ACCESSIBILITY, COMPLETENESS, CORRECTNESS, ACCURACY, USEFULNESS, TIMELINESS, RELIABILITY OR SAFETY OF, OR THE RESULTS OF YOUR USE OF OR RELIANCE UPON, OUR SITE OR ANY SERVICE OR CONTENT. WE ALSO DO NOT WARRANT OR GUARANTEE THAT OUR SITE AND ALL SERVICES AND CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SITE AND ALL SERVICES AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

(C) YOUR USE OF OR RELIANCE UPON OUR SITE OR ANY SERVICE OR CONTENT IS ENTIRELY AT YOUR OWN RISK. WITHOUT LIMITATION TO THE FOREGOING, WE ARE NOT RESPONSIBLE FOR OTHERS’ USE OR MISUSE OF ANY PERSONAL INFORMATION, DATA, PHOTOGRAPHS, VIDEOS, AUDIOS, OR OTHER MATERIAL ABOUT YOU, YOUR FAMILY, OR FRIENDS THAT YOU POST OR ALLOW OTHERS TO POST ON OUR SITE. WE RECOMMEND THAT YOU USE DISCRETION WHEN POSTING ANY SUCH INFORMATION. LIKEWISE, WE ARE NOT RESPONSIBLE FOR YOUR EXPOSURE TO ANY CONTENT (INCLUDING ANY USER POSTING) THAT IS OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE TO YOU OR TO OTHERS.

  1. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, OUR SITE OR ANY SERVICE OR CONTENT (INCLUDING ANY USER POSTING), REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

(B) IN NO EVENT SHALL OUR TOTAL AND AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, OUR SITE OR ANY SERVICE OR CONTENT (INCLUDING ANY USER POSTING), EXCEED THE AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO OUR SITE FOR YOUR USE OF ANY SERVICE OR CONTENT OF OUR SITE DURING THE TERM OF YOUR MEMBERSHIP.

(C) BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  1. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US, AND THEIR RESPECTIVE AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, OWNERS, PARTNERS, LICENSORS, LICENSEES, SPONSORS, SUPPLIERS AND CONTRACTORS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, SUITS, PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, OUR SITE OR ANY SERVICE OR CONTENT (INCLUDING ANY USER POSTING); (B) ANY USER POSTINGS, SUBMISSION OR COMMUNICATION MADE BY YOU; OR (C) YOUR BREACH OF ANY OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS CONTAINED HEREIN, OR YOUR VIOLATION OF ANY OF THE TERMS OF USE. WE RESERVE THE RIGHT, AT OUR OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
  2. International Use. We make no representation or warranty that our Site and all Services and Content are appropriate or available for use in locations outside the United States of America. Accessing our Site or any Service or Content from territories in which such access is illegal is prohibited. You agree that if you choose to access our Site or any Service or Content from any locations outside the United States of America, you do so at your own risk and are solely responsible for compliance with local laws.

 

  1. Governing Law Jurisdiction.You expressly acknowledge and agree that:

(a) Our Site shall be deemed solely based in the State of California, U.S.A.;

(b) Our Site shall be deemed a passive website that does not give rise to personal jurisdiction over the owner or operator of our Site, either specific or general, in jurisdictions other than the State of California, U.S.A.;

(c) These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to its conflict of laws principles; and

(d) Any dispute arising between you and us concerning our Site or any Service or, or concerning the Terms of Use, shall be decided exclusively by state and federal courts located in the County of Orange, State of California, U.S.A.

  1. Miscellaneous.These Terms of Use constitute the entire agreement between you and us concerning your use of our Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, all of which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

PRIVACY POLICY

This is the general privacy policy (“Privacy Policy“) for Custom Comfort Mattress Company, Inc. and its corporate affiliates (whether existing now or in the future), (hereinafter referred to collectively as “Custom Comfort Mattress Company” or “we”). Except where Custom Comfort Mattress Company posts a separate privacy policy, this Privacy Policy applies to all information we collect or acquire from and about consumers through any media, channels and platforms, whether online, offline, via mobile and wireless platforms, or otherwise, and whether existing now or in the future, including, without limitation: (i) via CUSTOMCOMFORTMATTRESSCOMPANY.COM and other Custom Comfort Mattress Company owned or controlled websites and their associated WAP and mobile sites, as well as Custom Comfort Mattress Company-branded applications that operate on or in connection with third party social media sites and platforms, such as apps for Facebook, Twitter, LinkedIn, and Google/YouTube) (all the foregoing, hereinafter referred to as the “Custom Comfort Mattress Company Network” or “Site”); and (ii) via other collection, acquisitions and marketing channels (e.g., direct mail, paper and phone enrollments, cross-sell programs, affiliate marketing, and our Business Partners.

We are committed to respecting your privacy and recognize your desire to protect personal information you share with us. This Privacy Policy describes the types of information we may collect from and/or about you (whether via the Custom Comfort Mattress Company Network or otherwise), the treatment of such information, and the choices you have regarding our collection and use of, and your ability to review and update your information.  By submitting your information to us, you expressly give us permission to receive, store, process and use such information in accordance with this Privacy Policy. This Privacy Policy also constitutes part of the Terms of Use that govern your use of the Custom Comfort Mattress Company Network. In addition, this Privacy Policy constitutes part of the terms and conditions (such as official rules) that govern your participation in any and all events and activities offered or sponsored by us, if any.
Notice To California Residents – Your California Privacy Rights:

Effective January 1, 2005, under California Civil Code Section 1798.83 (known as the “Shine the Light” law), if an individual who is a California resident has provided personal information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual’s personal information to a third-party and knows or should have known that such third-party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what personal information was shared and with whom it was shared. A business may comply with this law by: (1) having EITHER a published privacy policy of not sharing a customer’s personal information for third-parties’ direct marketing use unless the customer has first affirmatively opted in to such sharing OR a published privacy policy of not sharing a customer’s personal information for third-parties’ direct marketing use if the customer has opted out to prevent his/her personal information from being shared for direct marketing use; AND (2) notifying the customer of his/her right to opt out and providing a cost-free means for the customer to exercise that right.

Any request for a disclosure required under this law should be sent to us via email at info@customcomfortmattress.com. Please note that under this law, we are not required to respond to a customer’s request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email address designated above.
California residents may also learn how Custom Comfort Mattress Company responds to Do Not Track (“DNT”) signals. As the technology is evolving for recognizing and interpreting DNT signals, and no uniform standard has yet been set, Custom Comfort Mattress Company is not currently responding to DNT signals but remains open to following the technological standards once those are issued.

  1. Types of Information We Collect

Personally Identifiable Information (or “PII”) is any information that can identify or is linked to a specific individual, such as your name, mailing address, telephone number (including mobile number), email address, credit card number, debit card number, bank account number, and other financial account information, birth date, gender, occupation, personal interests, demographic, location and household information, etc. To the extent you voluntarily provide your PII to us, we collect such information. For example, we may collect PII from you (to the extent permitted by law): (1) when you join one of our mailing or contact lists; (2) when you register to participate in an event sponsored by us (such as a contest, sweepstakes, giveaway, promotion, survey, concert, festival, community fair, etc.); (3) when you enter into a transaction with us, such as ordering a product from us through our online store; (4) when you use or interact with a product or service of the Custom Comfort Mattress Company Network; (5) when you provide or share information using a product or service of the Custom Comfort Mattress Company Network; (6) when you create, share or link personal profile using a product or service of the Custom Comfort Mattress Company Network, including linking or associating your profile on a third-party site or platform with your Custom Comfort Mattress Company account; and/or (7) when you submit a request or inquiry to us via the Custom Comfort Mattress Company Network or otherwise (each of the foregoing is referred to hereinafter as an “Identification Activity”).
It is optional for you to engage in an Identification Activity. However, if you elect to engage in an Identification Activity, we may ask you for certain PII. Depending on the activity, some of the information we ask you to provide may be identified as mandatory and some may be identified as optional. If you do not provide the mandatory information for a particular Identification Activity that requires it, you will not be able to engage in that activity. In addition, if you use the Custom Comfort Mattress Company Network to send information to another person (e.g., a friend, a family member, etc.), we may also collect PII of that other person to the extent disclosed by you.

Aggregate and Anonymous Information (hereinafter “AAI”) is any information that cannot identify or be linked to a specific individual. For example, we may collect anonymous group data (demographics, media habits, online browsing habits, interests and preferences, etc.), participants of our sponsored events and activities, users and members of the Custom Comfort Mattress Company Network, etc. (hereinafter referred to collectively as “our Audience”). We also collect aggregate traffic data pertaining to the Custom Comfort Mattress Company Network, such as: total page views in a given time period; average amount of time that visitors spend on the Custom Comfort Mattress Company Network (or a part thereof) each time they visit; average amount of time that visitors spend on each page of any one or more parts of the Custom Comfort Mattress Company Network; percentage of visitors from a certain geographical area, etc. Moreover, we may combine “User Activity Information” (as described below) about you and other users of the Custom Comfort Mattress Company Network to generate aggregate information that reflects activities, habits, preferences, interests, etc. about our users as a group. We also collect location-based information such as zip code, city and state name. In addition, we may take PII and make it non-personally identifiable, such as by aggregating your information with information about other individuals, or by removing personally-identifiable elements (such as names) so as to “anonymize” or “de-personalize” your information.

User Activity Information (hereinafter “UAI”) refers to information we collect about user activities on the Custom Comfort Mattress Company Network. For example, our web servers may automatically collect and log “clickstream data” for all visitors to CustomComfortMattressCompany.com, such as IP addresses (which are numerical numbers that are automatically assigned to users’ computers and mobile devices when they are surfing the Internet), page requests, pages visited, content viewed, clicks and search queries made, etc. We also may use cookies and similar technologies to collect UAI on the Custom Comfort Mattress Company Network. If and to the extent we use any UAI in a manner that identifies a specific user individually (e.g., if we link or associate such information with a user’s name or address), it will be treated as PII. Otherwise, all UAI will be treated as AAI.

  1. What We Do With the Information

As a general matter, we use information (PII and AAI) collected from and/or about our Audiences to improve our products and services so that they are appealing to as many people as possible, to administer and maintain operations of the Custom Comfort Mattress Company Network, to offer, market and advertise products and services (including those from third parties outside Custom Comfort Mattress Company with whom we do business (hereinafter referred to collectively as “our Business Partners”)) to our Audiences, to administer and manage transactions and relationships with our Audiences, to personalize user experiences for our Audiences, and to build a strong community for our Audiences.

2.1 Our Own Use of Information

2.1.1 Transactional, Administrative, and Customer Relation Purposes: If you provide information to us in connection with an Identification Activity, we will process and use your information for all purposes related to that activity, including communicating and interacting with you in relation to your activity. For example: (1) if you sign up for a product or service of the Custom Comfort Mattress Company Network, we will use your information to set up, administer, service, and communicate with you regarding your account; (2) if you join one of our mailing or contact lists, we will use your information to send you or contact you with information that you have requested or that may be of interest to you; and (3) if you order a product or service from us, we will use your information to process and fulfill your order, to communicate with you regarding the same, and to provide customer service to you. Also, if you provide your email address or mailing address to us, we may use such address to send you notices of a transactional, administrative or relationship nature or as required by law, such as notification of a material change in this Privacy Policy and/or the Terms of Use for the Custom Comfort Mattress Company Network, notification of an actual or suspected security breach that affects your information stored by or for us, public relations announcements, etc.

2.1.2 Marketing & Advertising Purposes:

(1) Email marketing: If you provide your email address or mailing address to us (such as by joining one of our mailing lists), we may use such address to send you product and service offers, promotions, and advertisements from us and/or from our Business Partners. See Section 3.2 below regarding how to opt out of our email marketing.

(2) Telemarketing: If you provide your telephone or mobile number to us, we may call you to inform you about product/service offers, promotions, and advertisements from us and/or from our Business Partners. See Section 3.2 below regarding how to opt out of our telemarketing.
(3) Mobile marketing: Subject to your prior opt-in consent, we may (i) send marketing and advertising messages via SMS (Short Message Service), MMS (Multimedia Message Service), etc., to your mobile device and/or (ii) send marketing and advertising emails to your wireless email account (e.g., XYZ@att.mobile.net), to inform you about product/service offers, promotions, and advertisements from us and/or from our Business Partners. See Section 3.2 below regarding how to opt out of our mobile marketing (that is, if you wish to opt out of our further use of your information for mobile marketing after you have previously consented to such use).

NOTE: The Federal Communications Commission has published a list of domain names used by wireless service providers to transmit emails to wireless devices here. Wireless service providers must add new domain names to this list within 30 days of activating them. If your email address contains a domain name on this list (after the “@” symbol), then we will treat your email address as a wireless email address. However, the mere fact that you can retrieve emails from your regular Internet email account on your mobile/wireless device, does not make your Internet email address a “wireless” email address.

2.1.3. Market Research Purposes: We may use AAI (including UAI and AAI derived from PII) to conduct market research and analysis for ourselves as well as for our Business Partners.

2.2 Disclosure to Third Parties Outside Custom Comfort Mattress Company

2.2.1 Disclosure to our Business Partners: We may disclose, sell, and otherwise provide PII, AAI and/or UAI to our Business Partners so that they may market and advertise their products and services (including, without limitation, retail stores, finance, real estate, insurance, travel, automotive, telecommunications, technology, electronics, health, beauty, food, beverage, sports, leisure and entertainment goods and services.) directly to our Audiences. See Section 3.2 below regarding how to opt out of such information sharing.

Please note, however, that we do not knowingly disclose or sell any of the following (if and to the extent collected by us) to our Business Partners for their separate marketing and advertising purposes (except with your prior opt-in consent): credit card number, debit card number, bank account number, and other financial account information; Social Security numbers, or other government-issued identifiers; personal health and medical information; information about personal sexual behavior or orientation; information pertaining to children under the age of 13 at the time of collection; and information indicating the precise real-time geographic location of an individual derived through location-based services such as through GPS-enabled devices (hereinafter referred to collectively as “Sensitive Information”).

In addition, from time to time, we may co-sponsor events and/or product/service offerings with third parties. If you participate in such co-sponsored events or offerings, any PII and UAI we collect from you based on your participation may be shared with our co-sponsors who may use such information for their own marketing and advertising purposes.  YOU MUST CONTACT OUR CO-SPONSORS DIRECTLY IN ORDER TO OPT OUT OF THEIR USE OF YOUR INFORMATION FOR MARKETING AND ADVERTISING PURPOSES.
2.2.2 Disclosure to our Service Providers: We may disclose PII and UAI to our outside vendors and contractors who need to access such information in order to perform services (including, without limitation, transaction/payment processing, order fulfillment, contest/sweepstakes administration and prize fulfillment, data research and analysis, data collection and processing, data storage, data security, hosting and technical support for the Custom Comfort Mattress Company Network, and marketing and advertising support) for us (hereinafter referred to collectively as “our Service Providers”). Generally, we require that our Service Providers use your information shared by us solely for the purposes of performing services for us and that they maintain the confidentiality, security and integrity of such information and not further disclose the information to others.

2.2.3 Disclosure under other circumstances: We may disclose PII and UAI to others if doing so is required by law or, in our good faith belief, is reasonably necessary to: (1) comply with legal process (including a court order or subpoena); (2) cooperate with law enforcement; (3) enforce this Privacy Policy and/or the Terms of Use for the Custom Comfort Mattress Company Network; (4) respond to an emergency; or (5) protect the rights, property or safety of Custom Comfort Mattress Company, one or more members of our Audiences, and/or the public. In addition, we may transfer PII and UAI as part of our assets if we (or parts of our businesses) are, sold or transferred to, merged with, or acquired by, a third party. Upon such transfer, the privacy policy of the acquiring entity may govern the further use of your information.

2.2.4 Unrestricted disclosure of AAI: Given the anonymous, non-personally identifiable nature of AAI, there are no restrictions under this Privacy Policy on how we may use, disclose, sell, or otherwise share such information. For example, we may freely share AAI with our Business Partners who may use such data for their own marketing, advertising, research, or other business purposes. We may also freely share AAI with our Service Providers in order for them to perform services to us.

  1. Information Access & Opt -Out

3.1 Information Access

If you have provided your information to us, you may request to access, delete, update and correct your information as stored by us, by sending your request to us at:

Custom Comfort Mattress Company Inc
P.O. Box 1769
Orange, CA 92856-0769

Your request will be processed as soon as possible.

Please note that users cannot update or delete previously submitted information on our Site.
3.2 Opt-Out

You can opt out of all our marketing uses (including email marketing, mobile email marketing, mobile message marketing, and telemarketing) of your PII and UAI (if personally identifiable) as well as our sharing of your PII and UAI (if personally identifiable) with our Business Partners for their marketing uses by sending your request via postal mail at:

Custom Comfort Mattress Company Inc
P.O. Box 1769
Orange, CA 92856-0769

We will endeavor to honor your request no later than 10 days after receipt (or within such applicable time period as required by law). To ensure timely processing of your request, please expressly state in your email that you wish to opt out of all further uses and sharing by Custom Comfort Mattress Company of your personal information for marketing purposes. Your opt out election, once processed by us, will stop, on a going-forward basis, all further marketing uses and sharing of your PII and UAI (if personally identifiable) by Custom Comfort Mattress Company.

HOWEVER, please note the following:

  • For email communications, your opt-out will stop further marketing and promotional emails from us BUT will NOTstop email communications from us relating to your Identification Activity, of a transactional, administrative or relationship nature, or as required by law, such as notification of a material change in this Privacy Policy and/or the Terms & Conditions for the Site, notification of an actual or suspected security breach that affects your Personal Information stored by or for us, public relations announcements, etc.
  • For telemarketing, your opt-out will stop further marketing calls from us but will NOTstop calls from us relating to your Identification Activity, of a transactional, administrative or relationship nature, or as required by law, such as notification of a material change in this Privacy Policy and/or the Terms & Conditions for the Site, notification of an actual or suspected security breach that affects your Personal Information stored by or for us, public relations announcements, etc.
  • Your opt-out will NOTstop continued marketing and advertising uses of your information by those of our Business Partners with whom we have already shared your information prior to your opt-out. To opt out of their further use of your information, you must contact them directly (or use the opt-out means provided by them). Also, if you participate in an event or a product/service offering that is co-sponsored by us with one or more third parties, you must contact our co-sponsor(s) directly in order to opt out of their use of your information for marketing and advertising purposes.

Data retention

We will retain your PII for as long as needed to provide you products or services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. AAI and UAI (if not personally identifiable) may be retained indefinitely.

  1. Protecting Children

We take special care to protect the safety and privacy of children. All products and services of the Custom Comfort Mattress Company Network are intended for general audiences and are NOT directed to children. We do not knowingly permit children under age 13 to register on the Custom Comfort Mattress Company Network for any product or Service. We do not knowingly collect or solicit Personally Identifiable Information about Users under age 13.

Children under age 13 should always ask their parents or guardians for permission before providing any Personally Identifiable Information to anyone online or through mobile devices. If you are a parent or legal guardian, we urge you to participate in your child’s online and mobile activities and to use parental control or other Internet and/or mobile filtering technology to supervise your child’s access to the Internet.

  1. Cookies & Similar Technologies

A “cookie” is a small amount of data that is sent to your browser from an Internet server and stored in your computer or mobile device. Generally, we may use cookies to remind us of who you are, collect UAI about your activities on the Custom Comfort Mattress Company Network, tailor our products and services to suit your personal interests, estimate our audience size, assist our online merchants to track visits to and sales at their stores and to process your order, and/or analyze your visiting patterns. You can set your browser to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it, or you can choose to routinely and manually delete the cookies stored in your computer. If you choose to disable or reject cookies, you may still be able to access some parts of the Custom Comfort Mattress Company Network, but you may not have full access to all products and services of the Custom Comfort Mattress Company Network. For more information on how to manage cookies in your web browser, click here.
In addition, we may use so-called “pixel tags,” “web beacons,” “web bugs,” “clear GIFs,” etc. (collectively “Web Beacons”) to collect UAI about your activities on the Custom Comfort Mattress Company Network. These are small electronic images embedded in web content (including online ads) and email messages and are ordinarily not visible to users. Like cookies, Web Beacons enable us to track pages and content (including ads) accessed and viewed by users. Also, when we send HTML-formatted (as opposed to plain text) emails to our Audiences, Web Beacons may be embedded in such emails to allow us to monitor readership levels so that we can identify aggregate trends and individual usage to provide our Audiences with more relevant content or offers. Web beacons in emails may recognize activities such as when an email was opened, how many times an email was forwarded, which links in the email were clicked on, etc. Web Beacons cannot be declined when delivered via a regular web page. However, Web Beacons can be refused when delivered via email. If you do not wish to receive Web Beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.
5.1 Use of Cookies & Similar Technologies by Third-Party Advertisers
We may use third-party advertising companies including so-called “network advertisers” or “ad networks” (hereinafter collectively as “Third-Party Advertisers”) to serve ads and manage ads on the Custom Comfort Mattress Company Network. When you use or interact with a product or service of the Custom Comfort Mattress Company Network, such Third-Party Advertisers may use cookies and Web Beacons to collect UAI about your activities on the Custom Comfort Mattress Company Network and to serve interest-based ads directly to you. For more information regarding the data practices of some of these Third-Party Advertisers and how to opt out of their use of your information, please click here and here.

 

5.2 Third Party Functionalities
The Custom Comfort Mattress Company Network contains links to and/or enables certain third-party functionalities to enhance your experience, including, without limitation, social plug-ins, tools and APIs. Prior to using any third-party functionality (e.g., Facebook “Like” button) on the Custom Comfort Mattress Company Network, you should consult the privacy notices of the third-party providers of such functionalities (e.g., Facebook), as we have no control over information that is submitted to, or collected by, such third parties, or how they may use the information. The privacy policies and data practices of such third parties may significantly differ from ours, and we make no representation or warranty whatsoever about their policies and practices. Your communications and interactions with such third parties are solely between you and them, and are at your own risk.
Please keep in mind that when you provide information to us on a third-party site or platform (e.g., via a Custom Comfort Mattress Company-branded application that operates on a third-party site or platform), information you provide may be separately collected by the third-party site or platform. Information we collect is covered by this Privacy Policy and the information a third-party site or platform collects is subject to such third-party site or platform’s privacy policies and practices. Privacy choices you have made on a third-party site or platform will not apply to our use of the information we have collected directly through our own sites and platforms, unless we expressly state otherwise.
5.4 Flash Cookies

From time to time, we may or Third Party Advertisers may, use Flash cookies or similar technology to save your preferences or display content based upon what you view on the Custom Comfort Mattress Company Network to personalize your experience. To learn how to manage privacy and storage settings for Flash cookies, please click here and here. You should know that Flash cookies cannot be rejected, disabled, turned off, opted out, or deleted in the same way as regular cookies such as HTML cookies. Flash cookies may remain on your computer or mobile device even after you have rejected, disabled, opted out, or deleted regular cookies.

If you disable Flash cookies, you may not have full access to all products and services of the Custom Comfort Mattress Company Network, and some of our products and services may not function properly.

  1. Data Security

Protecting the security of your Personally Identifiable Information that you share with us is of the utmost importance to us. Unfortunately, however, no data transmission over the Internet or any mobile or wireless network and no data storage can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, we cannot guarantee or warrant the security of any information you transmit to or from or within the Custom Comfort Mattress Company Network, and you do so at your own risk. By providing your email address to us (whether on the Custom Comfort Mattress Company Network or otherwise), you acknowledge and agree that we may notify you by email in the event of a breach of security involving your Personally Identifiable Information.

  1. Links to Third Party Sites, Services or Products

The Custom Comfort Mattress Company Network contains links to sites operated and maintained by third-parties, as well as links to products and services (including software) provided by third-parties. For example, the Custom Comfort Mattress Company Network may display third-party ads, and clicking on such ads will take you to the websites of those advertisers. We have no control whatsoever over such third-parties, their Internet sites, or their products or services. Once you enter a third-party site, this Privacy Policy will no longer apply, and any information collected from or about you on that third-party site will be governed by the privacy policies and practices of that third party. Third-party sites do not follow our Privacy Policy and their privacy practices may be substantially different from this Privacy Policy. Such third-party sites may send their own cookies to you and may collect data about you and make use of that data in ways that we would not. You access such third-party sites, services or products entirely at your own risk. You should always review and understand the privacy policies and practices for such third-party site, service or product before disclosing any personal information on such site or in exchange for such product or service.

  1. Changes to this Privacy Policy

From time to time, we may change this Privacy Policy in whole or in part, to accommodate new technology, industry practices, regulatory requirements or for other purposes. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. We may notify you of material changes to this Privacy Policy via email and/or may ask you to affirmatively acknowledge and consent to such changes (e.g., by checking a box or clicking a button) at the time of your next account login on the Custom Comfort Mattress Company Network.

  1. Effective Date of Privacy Policy

This Privacy Policy became effective as of April 17, 2015.