Terms of Use for Mathisbrothers.com

Current Promotions

Introduction

Welcome to Mathisbrothers.com. The Site (the "Site") is provided by Mathis Brothers Furniture ("Mathis Brothers") as a service to our loyal customers. The following basic rules (the "Terms of Use") govern your use of the Site. Your use of the Site constitutes your unconditional agreement to be bound by the Terms of Use. Mathis Brothers reserves the right, at its discretion, to change, modify, add or remove portions of the Terms of Use at any time and without notice to you by posting such changes to this page. Mathis Brothers recommends you review the Terms of Use whenever you use the Site. Your continued use of the Site following the posting of these changes to the Terms of Use will constitute your acceptance of those changes.

Mathis Brothers may disclose or alter any aspect of the Site, remove content from the Site, restrict the time the Site is available or restrict the amount of use permitted at Mathis Brothers' sole discretion and without prior notice or liability to you. You agree that Mathis Brothers may, in its sole discretion, immediately suspend and or terminate your access to the Site without any liability to you or any third party.

The Terms of Use were last updated on November 11, 2009.

Site Use

By accepting the Terms of Use through use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by the Terms of Use. It is not Mathis Brothers policy to knowingly collect personal information of children under the age of 13 without prior parental or legal guardian consent. Children under the age of 13 may not use the Site other than for browsing, and parents or legal guardians may not agree to the Terms of Use on their behalf. If you are a parent or legal guardian and agree to the Terms of Use for the benefit of a child between the ages of 13 and 18, you agree to be fully responsible for such child's use of the Site, including any financial charges and/or legal liability that may be incurred. If you do not agree to (or cannot comply with) any of the Terms of Use, do not use the Site.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of the Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except for personal use as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on the Site is the property of Mathis Brothers or its suppliers and/or manufacturers and protected by U.S. and international copyright laws. The Contents and software on the Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on the Site is strictly prohibited.

Accounts

For certain aspects of the Site, you may be asked to register an account. In the event you agree to register an account, you will receive a username and password upon providing registration information and successfully completing the registration process. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify Mathis Brothers in the event (a) your registration information changes or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. Providing any untruthful or inaccurate information constitutes a breach of the Terms of Use. Mathis Brothers may refuse to grant a particular username to you for any reason, including, without limitation, if Mathis Brothers determines that such username (i) impersonates someone else, (ii) is protected by trademark or other proprietary right law or (iii) is vulgar or otherwise offensive.

Double the Difference Low Price Guarantee  

To qualify for the Double The Difference Guarantee, the customer must present a hard copy of the ad for the same item from a competitor in our local trade area within a 50-mile radius. The ad can be from a print publication or a website and must be within the last 30 days. The Double the Difference Guarantee also applies if the customer purchased from us and then finds the same item cheaper within the next 30 days. The customer's original purchase date must be within the previous 30 days from the date of the ad. Once verified, the amount of the Double The Difference Guarantee will be credited to the customer or we will mail a refund check. The competitor's price must be for new merchandise. Floor models, one-of-a-kind, final clearance, electronics, and "as is" merchandise is excluded.

Security of Site

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Mathis Brothers will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than those search engines and search agents that are generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).

Links

This Site may provide, or third parties may provide, hypertext links to other sites or resources on the internet. Any references on the Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Mathis Brothers' endorsement, sponsorship or recommendation of the third party, its information, products or services. Mathis Brothers is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk. You further acknowledge and agree that Mathis Brothers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such site or resource.

Copyrights and Trademarks

Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Mathis Brothers, one of its subsidiaries or affiliates or by third parties who have licensed their materials to Mathis Brothers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on the Site is the exclusive property of Mathis Brothers and is also protected by U.S. and international copyright laws. Mathis Brothers and its suppliers expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of Mathis Brothers' or any third party's intellectual property rights. Mathis Brothers' names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Mathis Brothers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to the Site does not authorize anyone to use any name, logo or mark in any manner.

All photographs, text, and other content on this site are the exclusive property of Mathis Brothers Furniture and are protected by United States and International copyright laws. All rights are reserved. Except as provided in our Terms of Use www.mathisbrothers.com, downloading, copying, and/or distribution of any the images or other content from this site, in whole or in part, without the written consent of Mathis Brothers is strictly prohibited. Violators will be pursued.

Purchases

Mathis Brothers may allow users to place Orders (as defined below) for products and/or services via the Site. The term "Order" or "Orders" shall mean any order placed by you for products and/or services via the Site that is accepted by Mathis Brothers. In the event that you place an Order to purchase products and/or services from the Site, you are subject to the additional terms of this section. Upon placing an Order, you shall pay to Mathis Brothers the purchase price as set forth in the shopping cart. In an effort to minimize unauthorized transactions and otherwise fraudulent actions, Mathis Brothers may require additional verifications or information before accepting your Order. Mathis Brothers or its third-party subsidiaries or affiliates may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your Order. Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and Mathis Brothers reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an Order has been submitted, whether or not the Order has been confirmed and your payment method has been accepted and charged. In the event your payment method has been accepted and charged, Mathis Brothers will issue you the appropriate credit within a commercially reasonable time after your Order has been cancelled. You hereby represent and warrant to Mathis Brothers that you are an authorized signatory of the credit, debit card or other method of payment that you provide to Mathis Brothers or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Site. In the event you purchase a product that must be delivered to you, such products will be shipped by Mathis Brothers and/or its third-party contractors within a commercially reasonable time after processing of your Order. Delivery time may vary depending on the delivery method selected and product availability. Mathis Brothers does not guarantee delivery at any certain time and is not responsible for delivery delays.

Financing Options

60-Months No Interest

MathisCharge extended "No Interest" options are currently available only on specific merchandise in the mattress department, including: Tempur-Pedic, Serta iComfort, Stearns and Foster, and ecocomfort. Lady Americana and Sealy are not eligible at this time. Specific terms: Free financing is available with approved credit. Initial deposit equal to sales tax and delivery charges is required. There will be 60 equal payments required over 60 months, and O% interest will be charged. However, If the account becomes at least 10 days past due, interest will be charged from the date of purchase and regular account terms will apply. See credit agreement for details.

90 Days

90-Days No Interest financing is available on all merchandise throughout the store with a minimum purchase requirement of $75. Specific terms: Free financing with approved credit. Initial deposit equal to sales tax and delivery charges is required. There will be three (3) equal monthly payments required over three months, and O% interest will be charged. However, if the account becomes at least 5 days past due, interest will be charged from the date of purchase and regular account terms will apply. See credit agreement for details.

Gift Card Terms and Conditions

The following are the terms and conditions generally applicable to Mathis Brothers gift cards ("Gift Cards"): (i) Gift Cards are redeemable at any of the following Mathis Brothers locations for in-store purchases only: 3434 W. Reno, Oklahoma City, Oklahoma; 6611 South 101 East Ave., Tulsa, Oklahoma; 4015 East Inland Empire Blvd., Ontario, California; or 81-410 Highway 111, Indio, California; (ii) Gift Cards are not redeemable for cash (except in those states that require redemption for cash); (iii) lost, stolen or damaged Gift Cards will be replaced only with valid proof of purchase to extent of remaining card balance and must be reported prior to use by an unauthorized individual; (iv) Gift Cards are not a credit or debit card; (v) Gift Cards are not valid as payment on any Mathis Brothers credit or finance program; (vi) your use of a Gift Card constitutes your acceptance of these terms and conditions; (vii) to verify the current balance of your Gift Card, please call 1-800-242-5353; (viii) Gift Cards can be reloaded at any Mathis Brothers location; and (ix) all terms and conditions associated with the Gift Cards will be enforced except where prohibited by law. For more specific terms and conditions of Mathis Brothers Gift Cards, please contact Mathis Brothers.

Delivery Options

Free Local Delivery. We offer free delivery on certain qualifying mattress such as Tempur-Pedic, which means we will deliver the mattress (and foundation, if also purchased) within our local delivery area. We will set up the mattress (and foundation, if also purchased), and if the customer wishes, we will haul away their old mattress (and foundation, if necessary) and dispose of it. Our local delivery area is considered to be the area within a 30 mile radius of the store.

Return/Exchange Policy

If for some reason the stock furniture merchandise is not suitable for your needs, contact Mathis Brothers within seven (7) days and you may select other merchandise of equal value or Mathis Brothers will refund all monies less a ten percent (10%) restocking charge, excluding (i) dining room furniture which requires a Seventy-Five Dollar ($75) reselection fee, (ii) any delivery charge provided by Mathis Brothers or its independent agents and (iii) all special orders, repossessed products or "as-is" products as such transactions are final. Mathis Brothers does not provide cash refunds. Credit card refunds are made within twenty-four (24) hours and refund checks are mailed within seven (7) to ten (10) business days. All refunds are made after receipt of merchandise. All items which are special ordered, repossessed or as-is will be listed as such on the sales contract. The return policy is waived on all such products and all sales are final. ELECTRONICS: Mathis Brothers will not provide a refund or exchange on any electronics. Any exchanges against manufacturer defects for electronics will be only accepted up to fourteen (14) days after purchase.

Pickup/Delivery Related Information

To pick up the products in your Order, please bring your receipt to the cashier counter for necessary pickup and warehouse instructions. The cashier counter will provide you with the necessary paperwork to pick up items in your Order. For merchandise that will be delivered by Mathis Brothers or its independent delivery agents, Mathis Brothers will begin processing your delivery two (2) days prior to the delivery date. As such, no cancellations or changes can be accepted during this (2) day period. Prior to this time, changes can be made by calling your local store number. Local Delivery: For merchandise to be delivered by Mathis Brothers or its independent delivery agents, such merchandise must be paid for in full or financing arrangements made by 9 p.m. two (2) days prior to delivery. For your convenience, you may call our Automated Delivery Information System at 405-951-1307, 918-461-7727, 760-863-3549, or 909-919-2401 anytime after 3 p.m. the day before delivery in order to get your approximate delivery time for local deliveries only. You must have your Order number or phone number to access the Automated Delivery Information System. Out of Town Delivery: For merchandise to be delivered by Mathis Brothers or its independent delivery agents, such merchandise must be paid for in full or financing arrangements made by 9 p.m. two (2) days prior to delivery. The delivery service will contact you by 11 a.m. on the morning of the delivery and provide you with an approximate delivery time.

Content and Pricing Information

Although Mathis Brothers strives to provide accurate pricing information on its Site, pricing or typographical errors may occur. Mathis Brothers cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Mathis Brothers shall have the right, at its sole discretion, to refuse or cancel any Orders placed for that item. In the event that an item is mispriced, Mathis Brothers may, at its sole discretion, either contact you for instructions or cancel your Order and notify you of such cancellation. Mathis Brothers attempts to be accurate in its product descriptions; however, Mathis Brothers does not warrant that product descriptions, product images, product pictures or other Content of the Site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is as set forth in the Return/Exchange Policy section of the Terms of Use.

Product Information

Most products displayed on the Site are available in select Mathis Brothers Furniture stores. In some cases, products and merchandise displayed for sale on the Site may not be available at certain Mathis Brothers Furniture stores. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. In the event of a price discrepancy between the product price on the Site and the in-store price, the in-store purchase price will take precedent.

Colors

Mathis Brothers has made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on the specifications of your monitor, Mathis Brothers cannot guarantee that your monitor's display of any color will be accurate.

Quantity Limits and Dealer Sales

Mathis Brothers reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per Order. These restrictions may be applicable to Orders placed by the same account, the same credit card, and also to Orders that use the same billing and/or shipping address. Mathis Brothers will provide notification to you should such limits be applied. Mathis Brothers also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers. For purposes of the Terms of Use, reselling shall be defined as purchasing or intending to purchase any product from Mathis Brothers for the purpose of engaging in a commercial sale of that same product with a third party.

Exports

You acknowledge that the items sold on the Site are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing from the Site, you agree to abide by the applicable laws, rules and regulations including, but not limited to the Export Administration Act and the Arms Export Control Act.

User Content

Mathis Brothers does not control any user content posted by its users, nor does it have any obligation to monitor such user content for any purpose. Despite the fact that it has no monitoring obligations, Mathis Brothers reserves the right to remove any and all material, in its sole discretion, that is actually or potentially inappropriate, offensive, illegal or harmful any respect or which may violate the Terms of Use. Because the user content offered in the Site is provided by other users and Mathis Brothers does not monitor or exercise control over the user content, Mathis Brothers does not make any warranties or representations regarding any of the user content offered via the Site or the quality thereof. Mathis Brothers does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in the content. You understand that by using the Site, you may be exposed to content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable, and that in no way shall Mathis Brothers be liable under any theory for such exposure. Mathis Brothers will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any user content you submit for any purpose whatsoever, without restriction and without compensating you in any way. Mathis Brothers is and shall be under no obligation (1) to maintain any user content in confidence; (2) to pay to you any compensation for any user content; or (3) to respond to any user content. You agree that any user content submitted by you to the Site will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary rights, and will not cause injury to any person or entity. You further agree that no user content submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". Mathis Brothers is not a backup service for storing user content, and therefore Mathis Brothers shall have no liability regarding any loss of user content. You are solely responsible for creating backups of any user content you post using the Site.

Indemnification and Termination

You agree to defend, indemnify and hold harmless Mathis Brothers and its subsidiaries and affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of the Terms of Use. The Terms of Use are effective unless and until terminated by either you or Mathis Brothers.

You may terminate the Terms of Use at any time, provided that you discontinue any further use of the Site. Mathis Brothers may also terminate the Terms of Use at any time and without notice, and may deny you access to the Site, if in Mathis Brothers' sole discretion you fail to comply with any term or provision of the Terms of Use.

Disclaimer

The Site is provided by Mathis Brothers on an "as is" and "as available" basis. Mathis Brothers makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site. To the full extent permissible by applicable law, Mathis Brothers disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Mathis Brothers disclaims any and all warranties, express or implied, for any merchandise offered on the Site. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of the Terms of Use. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.

Merchandise Content Disclaimer

Product information (including pictures of products on the Site) accessed through the Site is obtained from claims made by the product's manufacturer. Please note that, on occasion manufacturers may alter their labels so actual product packaging and materials may contain different information than that shown on the Site, thus Mathis Brothers cannot guarantee or ensure the accuracy, completeness or timeliness of any product information. Furthermore, pictures of certain products or merchandise on the Site may contain accessories or other items that are not sold by Mathis Brothers. Mathis Brothers recommends that you do not solely rely on the information and/or pictures presented and that you always read labels, warnings, and directions before purchasing and/or using a product. For additional information about a product, please contact the manufacturer. Mathis Brothers assumes no liability for inaccuracies or misstatements about products. Any customer reviews are provided for informational purposes only.

Free Gift Disclaimer

In the event Mathis Brothers engages in a free gift promotion, Mathis Brothers uses every reasonable effort to maintain the validity of any free gift promotion, and is not responsible for any defects or failures on this Site that might indicate any such promotion or gift other than the item which is explicitly associated with such promotion. Mathis Brothers is not responsible for any damages that may result from any defect, failure or other technical default in the operations of this Site. The Site may be inaccessible for any reason including, without limitation (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Mathis Brothers may undertake from time to time; or (iii) causes beyond the control of Mathis Brothers or which are not foreseeable by Mathis Brothers. Mathis Brothers reserves the right to discontinue any promotion at any time without notice to you. The free gift promotion is available through Mathis Brothers for online credit applications only and must be picked up at the store that is nearest to you. The free gift may vary depending on availability of the gift item in the location nearest to you. In the event that a particular gift item is not available, Mathis Brothers reserves the right to offer a substitute item of equal or lesser value. Sufficient identification (i.e. driver's license, etc.) must be presented in order to validate that the gift is being presented to the online applicant only. Limit one gift per household. The gift promotion applies only while supplies last and is based on a first come, first serve basis.

Limitation of Liability

Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Mathis Brothers or any of its subsidiaries, affiliates, employees, directors, officers, agents, vendors, manufacturers or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Mathis Brothers has been advised of or should have known of the possibility of such damages. In no event will Mathis Brothers be liable for any damages in excess of the fees paid by you in connection with your use of the Site during the six (6) month period preceding the date on which the claim arose.

Privacy

You acknowledge that any personal information that you provide through the Site will be used by Mathis Brothers in accordance with its Customer Privacy Policy Notice which can be found on the Site.

General

The Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between the parties. Headings used in the Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of the Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of the Terms of Use shall remain in full force and effect. The failure of Mathis Brothers to act with respect to a breach of the Terms of Use by you or others does not constitute a waiver and shall not limit Mathis Brothers' rights with respect to such breach or any subsequent breaches. The Terms of Use shall be governed by and construed under Oklahoma law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to the Terms of Use or your use of the Site must be brought in the state or federal courts in Oklahoma City and you consent to the exclusive personal jurisdiction of such courts.

Tempur-Pedic Mattresses
Ashley Furniture
Bernhardt Furniture
La-Z-Boy Furniture
Sealy Mattresses
Serta Mattresses

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