Terms of Use

Last Updated: June 16, 2020

SSH BEDDING CANADA CO. (hereinafter “Serta”, “we”, “our” or “us”) has been leading the industry with groundbreaking mattress technologies that set new standards for comfort and support for almost a century.

Serta owns and operates the websites located at beautyrest.ca and purchasebeautyrest.ca including the mobile versions and the services provided through the websites (collectively, the “Website”). Before using the Website, please carefully review these Terms of use (“Terms of Use”).

Your access to our Website is subject to the following Terms of Use which set forth the legally binding terms for your access to and use of our Website and any services offered by Serta in connection with our Website. These Terms of Use will remain in full force and effect while you use our Website and by using the services or our Website, you agree to be bound by our Terms of Use and Privacy Policy.

Please read our Terms of Use and Privacy Policy carefully as it contains important information regarding your legal rights and obligations. If you object to anything in these Terms of Use (as amended from time to time) or in our Privacy Policy, or you are dissatisfied with our Website, your sole and exclusive remedy is to discontinue using our Website. If you have any questions about these Terms of Use, please contact us.

MODIFICATIONS

Serta reserves the right to modify these Terms of Use at any time, so we encourage you to periodically review the Website for the most current version. All changes will be effective immediately upon their posting on this Website. If you object to any changes we make, you should stop using the Website. By accessing the Website following the posting of changes to the Terms of Use, you agree to all such changes. Serta will indicate at the top of the page the date these Terms of Use were last revised.

PRIVACY POLICY

The personal information that is collected by your use of our Website is subject to our Privacy Policy. Please take the time to review the important information contained in our Privacy Policy regarding our collection and use of this information.

YOUR USE OF OUR WEBSITE

Serta grants you a limited, non-transferable, non-exclusive, revocable authorization to access and use the Website. For greater certainty, Serta does not grant you or any other party any right, title or interest in the Website. Serta reserves all rights not expressly granted to you under these Terms of Use.

You may download and/or print a copy of this Website’s content solely for your personal use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not reproduce, duplicate, copy, sell, or otherwise transfer or commercially exploit our Website (or any portion of it) unless you have Serta’s express written permission to do so. You may only use our Website in accordance with these Terms of Use, any other terms applicable to the various features of our site and all applicable laws, rules and regulations. Serta may, in its sole discretion and at any time, discontinue the Serta Website, or any part thereof, with or without notice. You agree that you do not have any rights in our Website and that Serta will have no liability to you if the Website is discontinued or your ability to access our Website is terminated.

ELIGIBILITY; AUTHORIZATION

Use of any part of our Website is void where prohibited. By using our Website, you represent and warrant that:
(a) all information you submit is truthful and accurate;
(b) you will maintain the accuracy of any information you submit to the Website;
(c) you are 18 years of age or older;
(d) you have the authority to enter into these Terms of Use; and
(e) your use of our Website does not and will not violate any applicable law, regulation or agreement.

RESTRICTIONS ON USE

Except as expressly authorized under these Terms, you specifically agree not to do any of the following:
(a) distribute or make the Website available to third parties, including over a network where it could be used by multiple devices at the same time;
(b) rent, lease, lend, sell, redistribute or sublicense the Services;
(c) copy, collect, store, reorganize, manipulate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works from the Website (including any content or data available therefrom or therein), any updates, or any part thereof, including by ‘scraping’ or ‘framing’;
(d) use our Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (e) intercept or attempt to intercept electronic mail not intended for you;
(f) misrepresent your identity, or an affiliation with any person or organization;
(g) restrict or inhibit use of our Website by others;
(h) upload or otherwise transmit files that contain a virus or corrupted data;
(i) collect information about others (e.g., names, e-mail addresses, etc.) without their consent;
(j) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over our Website or services, or that you have a contractual obligation to keep confidential (notwithstanding its availability on our Website or services); or
(k) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website or Services, or which, as determined by Serta, may harm Serta or users of this Website or expose them to liability.

Further, you agree that you will not:

(a) use any robot, spider or other automatic device, process or means to access our Website or services,
(b) use any manual process to monitor or copy any of the material on our Website or services or for any other unauthorized purpose without the prior written consent of Serta,
(c) use any device, software or routine that interferes or attempts to interfere with the proper working of our Website or services,
(d) take any action that imposes an unreasonable or disproportionately large load on Serta’s infrastructure, or
(e) access, reload or “refresh” transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.

TRADEMARKS

Serta Perfect Sleeper®, iComfort® and all other Serta slogans, logos, and product and service names used on this Website are trademarks owned and or licensed by Serta (collectively, the “Trademarks”). You agree not to display or use such Trademarks, in any manner, without the written permission of Serta. Names, brands and marks of third parties may be the trademarks or registered trademarks of their respective owners and are used by Serta subject to license, or used for identification purposes only. Nothing in these Terms of Use grants you any right, title or interest in any intellectual property of Serta or its licensors, including without limitation the Trademarks. You are prohibited from using any Trademarks for any purpose, including but not limited to use as metatags on other pages or sites without the written permission of Serta.

COPYRIGHT

Copyright Serta, Inc., 2013. All rights reserved.

The Website contains articles, content, information, data and material that is proprietary and protected by applicable intellectual property laws. All copyrightable text, audio, video, recordings, graphics, charts, photographs, articles, icons, and the design, selection, and arrangement of content on this Website are the proprietary materials of Serta or its third party licensors or suppliers, unless otherwise noted. The distinctive and original layout and presentation of this Website constitutes protectable intellectual property under applicable law.

Serta may publish articles for your interest on various issues relating to sleep and sleep habits. All articles, content and information (the “Articles”) provided on the Website are for informational purposes only. Serta offers the Articles on an ‘as is’ and ‘as available’ basis, and does not make any representations, warranties, conditions or guarantees of any kind with respect to the Articles, including as to the accuracy, completeness, suitability, or quality of the information and opinions included in the Articles.

Serta also uses proprietary algorithms to run certain software tools made available on this Website. These algorithms and all related software and technology are the sole and exclusive property of Serta and/or its licensors.

Any unauthorized use, reproduction or distribution of any copyrighted materials, trade dress, marks, the Trademarks, or any other intellectual property belonging to Serta or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

CONTENT SUBMITTED OR POSTED

This Website may contain functionality that allows users to upload content to the Website. By posting, uploading, inputting, providing, sending, or submitting any content to this Website you agree to the following:

  • You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.
  • You will not use this Website for any purpose in violation of local, state/provincial, national, or international laws.
  • You will not use this Website as a means to distribute advertising or other unsolicited material to any third party.
  • You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by Serta in its sole discretion.
  • You will not impersonate another person.
  • You will not upload any content that violates any other persons copyrights, trademarks, patents, trade secrets, or any other intellectual property rights.

You are solely responsible for the content you communicate or submit (“User Content”). Serta has no liability for your User Content. Although Serta is not obligated to monitor content or the accuracy of information submitted through this Website, you acknowledge and agree that Serta, in its sole discretion, has the right to monitor, without notice, any such content or information.

Serta also reserves the right, in its sole and absolute discretion, to prohibit any conduct and remove any content without notice for any reason, and to revoke any user’s access to this Website or the ability to post or submit for any reason. Serta may also limit, remove or delete any content or other information stored, submitted or used in connection with the services that Serta in its sole discretion deems to be in violation of these Terms of Use or any applicable federal, state/provincial or local law, regulation or ordinance.

Serta will cooperate with any governmental authority in connection with any inquiry into any user or any user content and may disclose information pertaining to any user and any user content to any governmental authority as may be requested.

By submitting User Content to Serta or posting it to any area of our Website you automatically grant to Serta and its affiliates an irrevocable, royalty-free, perpetual, fully paid nonexclusive right (including waiver of moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).

If you post User Content in any public area of our Website, you also permit any user to access, display, view, store and reproduce such User Content for personal use and any other use consistent with the use for which it was intended. Subject to these Terms of Use, the owner of any User Content placed on our Website retains any and all rights that may exist in such User Content.

COPYRIGHT CLAIM

If you believe that your copyright in any material has been infringed by material available on this Website, please provide our Customer Service team with all of the following information:
a. a description of the copyrighted work you claim has been infringed,
b. a description of the material that you claim is infringing, identified with sufficient detail for us to identify it,
c. your address, telephone number and email address,
d. a statement by you that you have a good faith belief that the disputed use is not authorized, and
e. a statement by you declaring under penalty of perjury that the above information is true and that you are the owner of the copyrighted interest or authorized to act on the copyright owner’s behalf.

Our Customer Service team would be happy to receive notices of claims of copyright or trademark infringement or other non-conformance to these Terms of Use. You can contact the team directly as follows:

SSH Bedding Canada Co.
8950 Huntington Rd.
Vaughan, ON, L4H 3V1
Attn: Customer Service
beautyrestcanada@sertasimmons.com

LINKS

Through the Serta Website, you may be able to access links to other websites. These links are provided solely as a convenience to you and not as an endorsement by Serta of the third party companies or the contents on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Because Serta has no control over such sites, you acknowledge and agree that Serta and its affiliates, third party information providers, suppliers, service providers, licensors, contractors, licensees and others involved in our Website or the delivery of services or information over our Website, and their respective directors, officers, agents, employees, managers, service providers (collectively, the “Serta Parties”) are not responsible for, and have no liability with respect to, the availability (or unavailability) of such sites, for the treatment of your personally identifiable information by such sites, or for the information, products, content or other materials on or available from such sites or resources. You should review the terms of use and Privacy Policy for all websites you visit. If you would like information on any other site’s Privacy Policy, you should contact that party directly, and we encourage you to do so.

DISCLAIMER; NO WARRANTY

Availability of the Website

While we endeavour to keep downtime to a minimum, we cannot promise that the Website or availability of the services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend the operation or availability of the Website or any part thereof, with or without prior notice for any reason. You shall not be entitled to any refunds of fees for interruption of the Website or the availability of the services.

You acknowledge and agree that:

1- YOUR USE OF THE SERTA WEBSITE IS AT YOUR OWN RISK AND IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERTA PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, CONDITIONS, GUARANTEES AND WARRANTIES OF ANY KIND, WHETHER EXPRESS,IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. Because our Website is provided to you “AS IS,” you agree that the Serta Parties shall not be liable to you or to any third party for any delay in delivery of, or failure to deliver, any of your communications, or other information you submit using our Website. Because our Website is provided to you “AS AVAILABLE,” you agree that the Serta Parties shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or of your ability to access it.

2- The Serta Parties also disclaim any warranty that (i) our Website will meet your requirements, (ii) our Website’s operation will be uninterrupted, timely, secure, or error-free, and (iii) any information or communication that may be obtained from the use of our Website (including but not limited to, our retailers’ pricing information) will be accurate or reliable (and Serta disclaims any liability for damages that may arise from your reliance on any such information or communication).

3- You assume the full responsibility and risk for any damage to your computer or other consequences that result from your downloading any information, software, or other materials through our Website. The Serta Parties shall have no liability for any damage to your computer, including loss of data that results from your downloading any such materials.Some jurisdictions do not allow the disclaimer of implied warranties, so this provision may not apply to you.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE SERTA PARTIES BE RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), COMMON, CIVIL OR REGULATORY LAW (INCLUDING PRIVACY) OR OTHERWISE) FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ECONOMIC, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, SUCH AS DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF THE SERTA PARTIES HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (a) YOUR USE OF OR INABILITY TO USE THE WEBSITE; (b) THE WEBSITE, THE USER CONTENT, OR ANYTHING OBTAINED THROUGH THE WEBSITE; (c) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (d) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE WEBSITE; OR (e) ANY OTHER MATTER RELATING TO THE WEBSITE. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE SERTA PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCES FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

THE LIABILITY OF THE SERTA PARTIES TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SERTA FOR THE SERVICE, INFORMATION OR PRODUCT ON WHICH SUCH CAUSE OF ACTION IS BASED.

INDEMNIFICATION

You agree to indemnify and hold harmless the Serta Parties harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your use of our Website or the Articles, or any information obtained therefrom, in violation of these Terms of Use, (b) your breach of these Terms of Use, (c) any breach of your representations and warranties set forth above and/or (d) any User Content that you post on or through our Website or services.

GENERAL

You agree that these Terms of Use, including the Privacy Policy, describe the entire agreement between us with respect to the Website.

The Serta Website was created and is operated under the laws of the Province of Ontario. These Terms and your use of the Website are governed by, construed and enforced in accordance with the applicable laws of the Province of Ontario and the Federal Laws of Canada without regard to conflict of laws principles. Any cause of action brought to enforce these Terms of Use, or in connection with any matters related to the Website or any applicable services shall be brought only before the Ontario Superior Court of Justice, sitting in Toronto, Canada, and you hereby irrevocably consent and attorn to the exclusive jurisdiction of that Court.

Serta makes no representation that materials on our Website are appropriate or available for use in other locations. If you access our Website from other locations, you are responsible for complying with local laws.

If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or unenforceable, we both agree that the other provisions of these Terms of Use will remain in full force and effect.

Serta’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not constitute a waiver of that provision.

Need assistance? For help with the Website, please contact us at:  beautyrestcanada@sertasimmons.com.