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II. Electronic communication
When you visit any of Sites, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on any Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
If you choose to receive marketing text messages from us, either via our Sites or by sending a text message indicating your consent, you consent to receive marketing or promotional SMS text messages from us sent through an automatic system. You can opt out of receiving any further text messages by replying “STOP”. For help, reply “HELP” to any text message.
If you change or deactivate the phone number you provided, you agree to update your phone number to prevent us from inadvertently communicating with anyone who acquires any phone number previously attributed to you.
None of our Sites or any part of our Sites is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE OR ACCESS ANY SITE.
If you are using a Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.
Unless otherwise noted, all content included on any site, featured in any Orange County Mattress Store or on any Product, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, “Orange County Mattress Content”) is the property of Orange County Mattress or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of each Site is the exclusive property of Orange County Mattress and is protected by United States and international intellectual property laws. Any unauthorized use of any Orange County Mattress Content on any Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on a Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on the Sites, please contact us at support@OrangeCountyMattress.com.
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on any Site, in any Orange County Mattress Store or on any Product are proprietary to Orange County Mattress, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Orange County Mattress, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Sites.
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use the Sites, and to block or prevent future access to and use of any of the Sites or any Orange County Mattress Store for any reason or no reason. Upon termination, these Terms will still apply.
XIX. We reserve the right to update and revise these terms at any time
From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page; provided, however, that we will endeavor to provide you with prior notice of any material changes that will apply to you. Your use of or access to the Services constitutes your acceptance of these Terms.
Either party’s failure to partially or fully exercise any rights or waiver of any breach of these Terms by the other party shall not prevent such party’s subsequent exercise of such right or be deemed a waiver by such party of any subsequent breach by the other party of the same or any other term of these Terms.
If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition. NOTHING IN THESE TERMS WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
XXII. Entire agreement
Except as explicitly noted above, these Terms (including any document or terms expressly incorporated into these Terms) constitute the entire agreement between you and Orange County Mattress with respect to the Services and/or the purchase, receipt, order or use of the Products and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to the Services and/or the purchase, receipt, order or use of the Products. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.