Terms and Conditions

 

For immediate assistance: If you have any questions regarding the terms and conditions found online or within your order please contact us. We can be reached via phone, live chat, mail or online using the contact form located on our contact us page.

To reach us by telephone call 1-800-854-6295.

Important Legal Information

This website (www.instantcomfort.com<https://www.instantcomfort.com>) (the “Website”) is owned and provided by American National Manufacturing, Inc., including under its “Instant Comfort^®” trademark (“American National”). Please understand that all goods and services provided by American National through this Website, including any Instant Comfort^® or other products, are provided subject to the following terms and conditions and any other applicable terms and conditions referenced on this Website (including any terms and conditions applicable to purchase and sale of products). BY ACCESSING OR USING THIS WEBSITE IN ANY MANNER, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND AGREE THAT YOU WILL BE BOUND BY AND SUBJECT TO THESE TERMS AND CONDITIONS. In the event of a violation of any of these terms and conditions, American National reserves the right to deny future access to the Website and to seek all remedies available at law and in equity.

If certain portions of the Website are only available to persons who register as users, then only those persons who have registered with American National as users of these non-public portions and who have received credentials (username and password, for example) to access and use such non-public portions of the Website (“Users”) may access such non-public portions of the Website. Any sharing of a User’s credentials with a third party will constitute a breach of these Terms and Conditions.  Any breach of these Terms and Conditions by a User may result in the immediate termination of that User’s credentials.

This Website is owned and operated by American National. The material included herein, including without limitation all content, text, graphics, artwork, photographs, site design, logos, icons, images, audio or video clips, code, scripts and software (collectively, the “Materials”), is the property of American National and/or its content suppliers and is protected by the trademark, copyright and other intellectual property laws of the United States and other countries. The selection, arrangement and compilation of all of the foregoing in the manner depicted is also the property of American National and is protected by said laws. ALL RIGHTS ARE EXPRESSLY RESERVED. No right, title or interest in and to the materials is conveyed or granted to you. You may not copy, reproduce, republish, transmit, disseminate, distribute, display, post, modify, create derivative works from, sell, license or otherwise use or exploit in any way whatsoever any Materials or other content from this Website without the prior written consent of American National. Without in any way limiting the foregoing, you agree not to use the Website or any Materials for any commercial purpose or purposes competitive with American National or for any other purposes which may be harmful or detrimental to American National or its business.

American National retains all rights to its trademarks, trade names, brand names, trade dress and other such intellectual property, including without limitation Instant Comfort^®, Instant Comfort^® Bed, Instant Comfort™, Instant Comfort Bed™, FlexHead™ and the mattress names of many of our products, as indicated, all of which are registered and/or common law trademarks of Instant Comfort^® in the United States and in other countries. These trademarks, together with all associated service marks, slogans and other Instant Comfort^® product names, graphics, logos, service names and custom icons are included within the intellectual property of American National and all rights thereto are expressly reserved. Any other trademarks that appear on this site and are not owned by American National are the property of their respective owners.

No affiliation exists between American National’s Instant Comfort^® mark and Select Comfort^® or Sleep Number Bed^® and the other brand trademark owners listed on this site. Any reference to a brand trademark is for information and consumer comparison purposes only. Trademarks listed on this site are registered trademarks of their respective owners.

Metatags, Hidden Text, Linking to or Framing of this Website, or any page or portion thereof, without the prior written consent of American National is expressly prohibited. Likewise, framing, in-line linking or other methods of association of the Website or its materials with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited. Similarly, you agree not to use any metatags or any other “hidden text” or code utilizing American National’s name or trademarks, whether on your web site or in any other manner.

You also agree that you will not use any robot, spider, scraper or other fully or partially automated means to access the Website or any portion of American National’s network for any purpose, including (but not limited to) “screen scraping” or “database scraping” or other data aggregation. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (c) bypass any measures we may use to prevent or restrict access to the non-public portions of the Website.

You may submit comments and other content on sections of the Website that permit such submission so long as the comments or content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property rights of American National or any third party.  Further, such content may not contain software viruses, mass mailings, chain letters, or any form of unsolicited commercial e-mail.  You may not use a false e-mail address, impersonate any person or entity, or otherwise provide misleading information concerning the origin of the content.  You may not post comments or content unless such comments or content are posted in accordance with applicable law.

By submitting comments or other content to the Website, you grant American National a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting this information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; the content complies with applicable law; and, the use of the content will not cause injury to any person or entity.

You understand that others may also submit comments and other content on sections of the Website that permit such submission.  American National has the right (but not the duty) to monitor and, in its discretion, modify or delete all or part of such comments and other content, but American National assumes no responsibility for such third party comments or content submitted to the Website, and you review such comments or content at your own risk.

Subject to Change

American National reserves the right to make changes or modifications to this Website or to any of the terms, conditions, disclaimers and policies referenced herein, and to add or remove any portion of the site, including any portion of these terms and conditions, at any time, in its sole discretion and without notice. Errors will be corrected where discovered, and American National reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, whether such error is on this Website or any print or other advertisement relating to American National’s products and services. All such changes shall be effective immediately upon posting. You should review these terms and conditions frequently, as your use of the Website following any changes to these terms and conditions shall constitute your acceptance of and agreement to be bound by the revised terms and conditions whether or not you have actually reviewed them. American National may in its sole discretion terminate, suspend or discontinue any aspect of the Website, including the availability of any features or products, at any time and without notice or liability. American National may also restrict your access to all or any portion of the Website without notice or liability.

Products and Prices

Without limiting the generality of the foregoing section (subject to change), the price and availability of any products contained or referenced on this Website is subject to change at any time and without notice. As noted elsewhere herein, American National is not responsible for any typographical errors, which specifically includes those relating to the price or size of an item.

Applicable Law

This Website is created, controlled and maintained by American National in the State of California. Accordingly, the laws of the State of California shall in all events govern any disputes relating to this Website, including those relating to any transaction conducted hereon, and shall likewise govern the terms, conditions, disclaimers, policies and notices contained herein, all without giving effect to any conflict of laws principles. American National makes no representations as to the compliance of the Website or its terms and conditions with any applicable law. If you choose to access the Website from outside of the United States you do so at your own risk and are responsible for compliance with all applicable laws. You may not use the Website in violation of U.S. export laws.

By accessing or using this Website, you irrevocably submit to the jurisdiction of the state and federal courts located in the State of California, County of Los Angeles, and agree that these courts shall serve as the sole and exclusive venue for any disputes relating to this Website. Any claim or cause of action brought by you with respect to matters related to the Website, including these terms and conditions, must be brought in these courts and must be commenced no later than one year after the claim arises.

If any provision of these terms and conditions is deemed to be void, unlawful or unenforceable for any reason, all other provisions contained herein shall remain in full force and effect. These terms and conditions constitute the entire agreement between the parties as to matters relating to this Website and may only be modified by a writing signed by both parties.

Third Party Sites

As a convenience to you, and for informational purposes only, American National may from time to time provide links to websites operated by other entities unrelated to American National. If you access or use any such link, you acknowledge that you will be leaving this Website to visit another. If you decide to visit any linked site, you do so at your own risk. American National expressly disclaims any responsibility, liability, warranty or representation regarding any linked site or the information, materials, content, products or services contained in or provided by such site. Moreover, providing such a link in no way implies that American National endorses or adopts any information, articles, products, services, or other materials appearing on or provided by the linked site, and American National expressly disclaims any such endorsement.

Disclaimer of Warranties

THIS WEBSITE AND THE MATERIALS, CONTENT AND PRODUCTS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AMERICAN NATIONAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT, MATERIALS, PRODUCTS AND SERVICES PROVIDED HEREIN, AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT ALLOWED BY LAW ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON INFRINGEMENT OR ANY WARRANTY OR REPRESENTATION THAT THE OPERATIONS AND FUNCTIONS OF THIS WEBSITE SHALL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED.

Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.

Without limiting the generality of the foregoing, this Website and the materials contained herein may contain inaccuracies and typographical errors. American National does not warrant the accuracy or the completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through this Website. Any reliance on any of the foregoing shall be at your sole risk.

Disclaimer of Liability

IN NO EVENT SHALL AMERICAN NATIONAL, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF INSTANT COMFORT^® WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IF ANY COURT DETERMINES THAT THE FOREGOING SENTENCE IS NOT ENFORCEABLE, THEN YOU AND AMERICAN NATIONAL AGREE THAT AMERICAN NATIONAL’S MAXIMUM LIABILITY TO YOU FOR ALL LOSSES, LIABILITY OR DAMAGE FOR OR ARISING OUT OF THE USE OF THE WEBSITE SHALL NOT EXCEED THE SUM OF ANY FEES THAT YOU HAVE PAID TO COMPANY TO LEASE OR PURCHASE PRODUCTS OR SERVICES DURING THE 30 DAY PERIOD BEFORE SUCH LOSS, LIABILITY OR DAMAGE FIRST AROSE (OR IF YOU HAVE NOT LEASED OR PURCHASED ANY SUCH PRODUCTS, THE SUM OF $1000).  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Copyright Notice and Complaints under the Digital Millennium Copyright Act

If you believe that your work has been copied or used on the Website in a way that constitutes copyright infringement, you must follow these notice and procedural steps for making a claim of copyright infringement under the Digital Millennium Copyright Act.

If you believe that you hold a claim of copyright infringement against American National, please submit notice of your claim to the following Designated Agent:

Service Provider:
American National Marketing, Inc.

Designated Agent:
General Counsel

Address to Which Notifications Should Be Sent:
American National Manufacturing, Inc.
c/o General Counsel
8601 Monrovia Street
Lenexa, KS 66215

To be effective, the notification of your claim of copyright infringement must be written and must include the following:

1. A statement that you are the owner of the exclusive right you claim has been infringed, or a statement that you are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
2. A statement, under penalty of perjury, that the information in the notification is accurate.
3. Your signature. (The signature may be either physical or electronic.)
4. The identification of the copyrighted work you claim has been infringed. (If you claim that multiple copyrighted works have been infringed you can submit one notification with a list of the allegedly infringed works.)
5. Identification of the material that you claim to be infringing and information reasonably sufficient to permit American National to locate the material.
6. Information reasonably sufficient to permit American National to contact you, including your address, telephone number, fax number and, if available, an electronic mail address. You can provide contact information for the owner of the exclusive right that you claim has been infringed if you are not the owner, but rather authorized to act on behalf of the owner.
7. A statement you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

Privacy Policy

What Personally Identifiable Information (PII) is Collected From Me?

American National collects information in several ways from different parts of the Website.  Some personal information is gathered at the time you register or are registered.  During registration, American National may require a unique username, private password, and a valid email address.  We may also ask you to voluntarily provide us with information regarding your personal or professional interests, demographics, and experience with the services we provide, and contact preferences.  Wherever American National collects PII (as defined in the section titled “California Do Not Track Disclosures” below) or other personal information, we make an effort to include a link to this Privacy Policy on that page.

The server(s) for the Website will store user log info that includes IP address and some browser string info, and the Website uses Google Analytics to collect traffic, browser and device info.  There is also a contact page on the Website, and any PII that a user inputs on the contact page will be used by American National as described in the Privacy Policy section.

Cookies and Other Technologies

American National may place Internet cookies on your hard drive.  Internet cookies are small files that may be placed on your hard disk for record-keeping purposes.  Cookies are used to (a) remind us of who you are in order to deliver you better service; (b) estimate our audience size by determining repeat usage of the American National Website to help target advertisements based on user interests and behavior; (c) track your progress and entries in promotions, sweepstakes, and contests; and (d) measure certain traffic patterns for use as a research tool to understand how our users’ habits are similar or different from one another.  You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it.  By not accepting cookies, some Web pages may not display properly or you may not be permitted to access certain information.

American National also collects IP addresses (the Internet address of a computer) to track a user’s session while the user remains anonymous.  We analyze this data for certain trends in statistics, such as which parts of our site users are visiting and how long they spend there.  We do not link your IP addresses to anything personally identifiable to you.

Advertising networks that place ads onto the American National Website may also use their own cookies.  The content of such cookies and the use of the information they contain is controlled by the third party advertising network placing them, not by American National.

In addition, American National may use other technology that is standard to the Internet, such as pixel tags, web beacons, cookies and other similar technologies, to track visitors to the Website. Those tools may be used by us and by third parties to collect information about you and your internet activity.

American National does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you’ve requested, or to have information that we believe might be of interest provided to you, or when we have your permission, or under the following circumstances:  We provide the information to trusted partners who work on behalf of or with American National under confidentiality agreements.  These companies may use your personal information to help American National communicate with you about offers from American National and our marketing partners.  However, these companies do not have any independent right to share this information.  American National is committed to protecting the safety and privacy of all our users.

California Do Not Track Disclosures

Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. For information about Do Not Track, visit www.allaboutdnt.org.

American National does not honor or respond to Do Not Track signals or requests or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party Web sites or online services (collectively, “DNT”).  Because American National does not honor or respond to DNT consumers who use DNT mechanisms on or with the Website are treated no differently than consumers who do not use DNT.

With regard to consumer Personal Identifying Information (“PII”) (i.e., (i) first and last name, (ii) home or other physical address, including  street name and name of a city or town, (iii) e-mail address, (iv) a telephone number, (v) a social security number, or (vi) any other identifier that permits the physical or online contacting of a specific individual, or information concerning a user that a web  site or online service collects online from a user and maintains in personally identifiable  form in combination with an identifier described in (i)—(v)), PII will be collected by American National as described in these Terms and Conditions from users who provide or use DNT with our Website in the same manner as we collect such PII from users who do not provide or use DNT with our Website.  See the sections titled “Privacy Policy” and “Cookies and Other Technologies” for additional information.

American National does not currently track your PII over time and across third-party websites, or allow third parties who may have content on, or links on, the Website to collect PII about your online activities when you use the Website. However, be aware that such third parties may collect personally identifiable information from you, including if you follow a link on our Website to such third party site or content, or if you provide PII to such third parties directly.  American National has no control over PII that you provide to third parties, or that third parties collect from you via links to their sites that you access.

Who is Collecting My Information?

When you are on the American National Website and are asked for personal information, you are sharing that information with American National alone, unless specifically stated otherwise or described in these Terms and Conditions.  Promotions or contests that run on American National may be sponsored by companies other than American National or may be co-sponsored by American National and another company.  Some or all data collected during a promotion or contest may be shared with the sponsor.  If data will be shared, you will be notified prior to the time of data collection or transfer.  You can decide not to participate in the promotion or contest if you don’t want your data to be shared.

With Whom Does American National Share My Information?

Unless we have your permission or are required by law, we will only share the personal data you provide with other American National agents, contractors, our business partners who have been engaged by American National for the purposes of performing services for American National and our clients.

American National may share aggregated data with these or other third parties for any reason.  Aggregated data does not include personally identifiable information.

American National may also disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating American National’s Terms of Use or may be causing injury to or interference with (either intentionally or unintentionally) American National’s rights or property, other American National users, or anyone else that could be harmed by such activities.  American National may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services.

Terms and Conditions

D-L00-044

© Copyright 2024 American National Manufacturing, Inc.  All Rights Reserved

Instant Comfort is Not Affiliated with Sleep Number Corporation and Does Not Sell Sleep Number® Products.