Terms of Service

Welcome to Fort Myers Mattress by Appointment, operated by JCM2 Ventures LLC d/b/a Fort Myers Mattress by Appointment ("we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website at fortmyersmattressstore.com, our chat and messaging services, our online booking calendar, and any related communications you receive from us (collectively, the "Services").

By using our Services, you agree to these Terms. If you do not agree, please do not use our Services.

1. Eligibility

You must be at least 18 years old to use our Services or to provide a phone number, email address, or other contact information to us. By using our Services, you represent and warrant that you meet this requirement.

2. Use of Our Website

You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use of the website. You agree not to:

• Use our website in any way that could disable, overburden, damage, or impair it.
• Use any robot, spider, scraper, or other automated means to access the site.
• Attempt to gain unauthorized access to any part of the site, the systems supporting it, or any user account.
• Submit false, misleading, or fraudulent information through any form on our website.

3. Appointments and Bookings

Our online booking calendar lets you schedule a private mattress shopping appointment at our showroom. When you book an appointment:

• You agree to provide accurate contact information so we can confirm your appointment and reach you if needed.
• You will receive an appointment confirmation, and may receive reminders, by text message, email, or both, depending on the contact information you provide.
• Appointments are subject to availability and may be rescheduled or cancelled by either you or us. We ask that you contact us as early as possible if you cannot keep your scheduled time.
• Booking an appointment does not obligate you to make a purchase. There is no pressure or fee to attend.

4. SMS / Text Messaging Program

By submitting your phone number through our website, our Meta (Facebook or Instagram) lead ads, our chat widget, our online booking calendar, or by otherwise providing your phone number to us, you consent to receive text (SMS) messages from Fort Myers Mattress by Appointment related to your inquiry, appointment scheduling, product availability, delivery coordination, follow-up, and occasional promotional offers.

• Message frequency: Message frequency varies based on your engagement with us. You may receive up to 10 messages per month.
• Message and data rates: Message and data rates may apply, depending on your mobile carrier plan.
• Opt-out: You may opt out of receiving text messages from us at any time by replying STOP to any message. After replying STOP, you will receive one confirmation message and will not receive further SMS messages from us.
• Help: For assistance, reply HELP to any message, or contact us using the information at the end of these Terms.
• Consent is not a condition of purchase. You are not required to consent to receive text messages in order to purchase any product or service from us.
• Carrier disclaimer: Wireless carriers are not liable for delayed or undelivered messages.

No Mobile Information Sharing. No mobile information, mobile phone numbers, or SMS opt-in consent will be shared with third parties or affiliates for marketing or promotional purposes.

5. Products, Pricing, and Availability

Mattress models, pricing, promotions, and availability shown on our website or shared during your appointment are subject to change without notice. We do our best to keep information current, but inventory and pricing reflect the conditions at our showroom at the time of your visit. We are not responsible for typographical errors and reserve the right to correct them.

6. Privacy

Your use of our Services is also governed by our Privacy Policy, which describes the personal information we collect, how we use it, and the choices you have. By using our Services, you consent to the practices described in our Privacy Policy.

7. Intellectual Property

All content on our website, including text, graphics, logos, photos, and the "Fort Myers Mattress by Appointment" name, is owned by us or our licensors and is protected by copyright, trademark, and other applicable laws. You may view and print pages from our website for personal, non-commercial use, but you may not reproduce, distribute, modify, or create derivative works without our prior written permission.

8. Disclaimers

Our Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.

Mattress purchases are subject to the manufacturer's warranty, if any. Any specific warranty terms applicable to your purchase will be provided to you at the time of sale.

9. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Fort Myers Mattress by Appointment, JCM2 Ventures LLC, or our officers, members, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or in connection with your use of our Services or any product purchased from us.

10. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or your use of our Services shall be resolved exclusively in the state or federal courts located in Lee County, Florida, and you consent to the personal jurisdiction of those courts.

11. Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated version on our website and update the Effective Date above. Continued use of our Services after changes are posted constitutes acceptance of the updated Terms.

12. Contact Us

If you have questions about these Terms, please contact us:

Fort Myers Mattress by Appointment
JCM2 Ventures LLC
2950 Winkler Ave, Suite 601
Fort Myers, FL 33916
Phone: (239) 200-6022
Email: clearancemattressfortmyers@gmail.com