Terms of Use

Terms Of Use

Effective Date: October 20, 2014

YOUR USE OF THIS WEBSITE AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN CONNECTION WITH THIS WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS “TERMS OF USE.” CLICKING ONTO WEB PAGES BEYOND THE WEBSITE’S HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEBSITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY E-MAIL, FACSIMILE, OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE.

 

WEBSITE OWNERSHIP
This website is owned and operated by NVision Marketing LLC, which is referred to below as “NVision Marketing” or “we” or “us” or “Company” or “our.”

YOU AGREE THAT…

  • Your use of this website is subject to and governed by these Terms of Use,
  • you will only access or use this website and transact business with us if you are at least 18 years old,
  • You will comply with and be bound by these Terms of Use as they appear on this website each time you access and use this website,
  • Each use of this website by you indicates and confirms your consent to and agreement to be bound by these Terms of Use, and
  • These Terms of Use are a legally binding agreement between you and NVision Marketing that will be enforceable against you.

You agree that you will not use or attempt to use this website for any purpose other than business with NVision Marketing as a bona fide customer of NVision Marketing; you may not use or attempt to use this website or any part of this site for any purpose…

  • That interferes with or induces a breach of the contractual relationships between NVision Marketing and its employees,
  • That is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property,
  • That transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail, unsolicited commercial communications,
  • That transmits any harmful or disabling computer codes or viruses,
  • That harvests e-mail addresses from this site,
  • That transmits unsolicited e-mail to this site or to anyone whose e-mail address included the domain name under on this website,
  • That interferes with our network services,
  • That suggests an express or implied affiliation with NVision Marketing (without the express written permission of NVision Marketing),
  • That impairs or limits our ability to operate this website or any other person’s ability to access and use this website, and/or
  • That uses any methods, means or devices to click on to this website or cause a visit to this website for the purpose of manipulating the results of any Internet search engine, or for any other purpose other than conducting business with NVision Marketing as a bona fide customer of NVision Marketing.

 

ACCESS TO THIS WEBSITE
NVision Marketing reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this website.

 

 

USE OF THIS WEBSITE
You agree and acknowledge that you have the sole responsibility and liability for your use of this website and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this website.

 

WEB PAGE CONTENT You acknowledge and agree that…

  • All content, web pages, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, “look and feel,” and the operation of this website (collectively “Web Page Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and
  • All rights associated with the Web Page Content are owned by NVision Marketing, its licensors, or content providers.

Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any Web page, or alter the appearance of any Web Page Content. You may not use Web Page Content, domain names (in whole or in part), or e-mail addresses related to or derived from this website, nor any data, trademarks, functionality, service marks, trade names, brand names, and/or logos contained within or derived from this website, for any purpose; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names, and/or logos on or derived from this website…

  • In or as any meta-tag or hidden text;
  • In or as part of any contextual marketing directory, index, or triggering term;
  • As content or advertising related to any other website including, but not limited to, comparative/informational websites; and/or
  • As a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company’s website or controls the content of any other Internet browser window.

 

Trademarks

  • Serta Perfect Sleeper®, Perfect Day®, iComfort® and all other Serta slogans, logos, and product and service names used on this Website are trademarks owned by Serta. As a licensee of Serta, nVision’s use of the trademarks on this website are in accordance with our exclusive licensing agreement. Except with respect to the creation of a link to our Website in accordance with our Linking Terms, you agree not to display or use such trademarks, in any manner, without the written permission of Serta or nVision. Names, brands and marks of third parties may be the trademarks or registered trademarks of their respective owners and are used by nVision subject to license, or used for identification purposes only. Users are expressly forbidden to misuse those marks.

 

SUBMISSIONS
You acknowledge and agree that all submissions to NVision Marketing containing any comments, improvements, suggestions, and ideas regarding this website will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge NVision Marketing ‘s unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation, or other obligation to you or any other person.

 

 

TESTIMONIALS
You acknowledge and agree that all testimonials submitted to NVision Marketing will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to NVision Marketing the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that NVision Marketing may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictitious name herewith.

 

LINKING
Not Responsible For Links to Other websites: For your convenience, this website may provide links to other websites on the World Wide Web. Unless expressly stated otherwise on this website, NVision Marketing does not endorse, approve, sponsor, or control, and we are not in any way responsible for, any of the content, services, calculations, information, products, or materials available at or through any websites to which this website may provide a link. By using this website you acknowledge and agree that NVision Marketing will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products, or materials.

 

NO ADVERTISING / NO LINKS
NVision Marketing does not permit third-party advertising on this website. Except with the written permission of NVision Marketing, you agree that you will not create links from any website or Web page to this website or any Web page within this website.

 

REVISIONS AND MODIFICATIONS
You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this website at the time you access this website. Because these Terms of Use may change, we encourage you to refer back often to these Terms of Use. In addition, you agree and acknowledge that all other content, services, products, and materials on or available through this website are subject to updating and revision without notice to you. You further acknowledge and agree that individual modifications to the Terms of Use may not be altered by contract, unless expressly permitted in writing by the President of NVision Marketing.

 


LOCATION

You understand and acknowledge that NVision Marketing controls and operates this website from within the United States of America. This website provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this website will be available (a) anywhere outside of the United States, or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state, and local laws applicable to your access to and use of this website.

USER IDs AND PASSWORDS
Certain areas or features of this website may be restricted to users who have obtained a user identification and password by completing a registration process described on this website. Please be sure to protect and maintain the confidentiality of any user identification, password, or other identifying information you may obtain in connection with your use of this website. You agree to notify NVision Marketing immediately if you believe your user identification, password, or other identifying information has been lost, stolen, or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this website by any person to whom you have provided your user identification, password, or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this website that may occur after you have notified us that your user identification, password, or other identifying information has been lost, stolen, or otherwise compromised.

 


PRIVACY AND SECURITY

For information on how NVision Marketing uses and protects the personal information that you may provide through this website, please refer to our Privacy Policy.

 

INDEMNIFICATION
If you make any unauthorized use of this website or violate the Terms of Use: (a) you may be in violation of copyright and other laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to the Company. You agree to indemnify NVision Marketing and its affiliates, vendors, and licensors, and all of the employees, officers, directors, agents and representatives of NVision Marketing and its affiliates, vendors, and licensors, against, and to hold all of them harmless from, all costs, claims, damages, expenses, or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this website and/or your breach/violation of or failure to comply with the Terms of Use.

 

DISCLAIMERS THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NVISION MARKETING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NVISION MARKETING MAKES NO REPRESENTATION OR WARRANTY REGARDING THE WEB PAGE CONTENT OR ITS USE THEREOF. THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. NVISION MARKETING HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.

YOU ACKNOWLEDGE AND AGREE THAT NVISION MARKETING IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEBSITE, NVISION MARKETING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NVISION MARKETING MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS WEBSITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS WEBSITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT NVISION MARKETING, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION, OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS, OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEBSITE.

 


LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL NVISION MARKETING BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE, OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. YOU AGREE THAT NVISION MARKETING SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL NVISION MARKETING’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS WEBSITE OF WEB PAGE CONTENT THEREON.

 


CONTACT METHODS

Permission to Be Contacted: By submitting information to NVision Marketing through this website or otherwise, you are making an inquiry as to products offered by NVision Marketing and give NVision Marketing permission to contact through e-mail, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list.

 


SEVERABILITY

You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.