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.
YOUR USE OF OUR WEBSITE
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;
(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.
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 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 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.
SSH Bedding Canada Co.
2550 Meadowvale Blvd. Unit 1
Mississauga, ON, L5N 8C2
Attn: Customer Service
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 provide 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 NEGLIGENC), 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 CIRCUMSTANCS 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.
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.
Need assistance? For help with the Website, please contact us at: email@example.com