1. User Eligibility
The Web Site is provided by Diamond Mattress and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Web Site.
5. License and Ownership
Diamond Mattress grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Web Site, Content and Services only in the manner presented by Diamond Mattress, and (b) access and use the Diamond Mattress computer and network services offered within the Web Site (the "Diamond Mattress Systems") only in the manner expressly permitted by Diamond Mattress. Except for this limited license, Diamond Mattress does not convey any interest in or to the Diamond Mattress Systems, information or data available via the Diamond Mattress Systems (the "Information"), Content, Services, Web Site or any other Diamond Mattress property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Diamond Mattress. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Diamond Mattress.
6. Restrictions on Use of the Web Site
(a) You shall not disguise the origin of information transmitted through the Web Site. (b) You will not place false or misleading information on the Web Site. (c) You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by Diamond Mattress. (d) You will not input or upload to the Web Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property (defined below) rights of another. (e) Certain areas of the Web Site are restricted to customers of Diamond Mattress. (f) You may not use or access the Web Site or the Diamond Mattress Systems or Services in any way that, in Diamond Mattress's judgment, adversely affects the performance or function of the Diamond Mattress Systems, Services or the Web Site or interferes with the ability of authorized parties to access the Diamond Mattress Systems, Services or the Web Site. (g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Diamond Mattress.
Diamond Mattress does not accept ideas, concepts, or techniques for new services or products through the Web Site ("Comments"). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Diamond Mattress and its affiliates are under no obligation to keep such information confidential, and (c) Diamond Mattress will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.
You agree that Diamond Mattress, in its sole discretion, may terminate or suspend Your use of the Web Site, the Diamond Mattress Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Web Site, and (b) destroy any copies You have made of any portion of the Content. Accessing the Web Site, the Diamond Mattress Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that Diamond Mattress shall not be liable to You or any third party for any termination or suspension of Your access to the Web Site, the Diamond Mattress Systems, Information and/or the Services.
10. Disclaimer of Warranties
DIAMOND MATTRESS MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE, THE DIAMOND MATTRESS SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
11. Limitation of Liability
12. Compliance with Law Including Export Control
You agree to use the Web Site in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Diamond Mattress, negatively reflect on the goodwill or reputation of Diamond Mattress and shall take no actions which would cause Diamond Mattress to be in violation of any laws, rulings or regulations applicable to Diamond Mattress.
Diamond Mattress and the Web Site are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
13. Forward-looking Statements
Except for historical information contained herein, the statements made in this Web Site constitute forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements involve certain risks and uncertainties, including statements regarding the intent, belief or current expectations of Diamond Mattress and its management regarding the company's strategic directions, prospects and future results. Certain factors may cause actual results to differ materially from those contained in the forward-looking statements, including economic and other conditions in the markets in which we operate, our competitive environment, long-term regulatory, economic and other effects from the events of September 11, 2001, strikes, work stoppages and slowdowns, governmental regulation, increases in aviation and motor fuel prices, cyclical and seasonal fluctuations in our operating results, and other risks discussed in the company's filings with the Securities and Exchange Commission, which discussions are incorporated herein by reference.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEB SITE, THE DIAMOND MATTRESS SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEB SITE, THE DIAMOND MATTRESS SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
15. Governing Law and Language
17. Written Document
18. Complete Agreement
19. Customer Service
Questions or comments regarding the Web Site may be submitted to Diamond Mattress Customer Service.