Terms of Use

These Terms of Use (or "Terms") govern your access to and use of https://sunshinemattressco.ca/ (or the "Website"). The website is available for your use only on the condition that you agree to the terms of use set forth below. Here on this page, "you" shall signify you as a user of this Website.
Please read these Terms carefully before using this Website owned by Sunshine Mattress Co. (or the "Company"). Do not use the Website, if you do not agree with any section or clause stated under "Terms of Use".

User Eligibility
The Website is provided by Sunshine Mattress Co. and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Website.

Scope of Terms of Use
These Terms govern your use of the Website and all applications, software, and services (collectively, called "Services") available on the Website, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to you on the Website.

Modifications
Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of Sunshine Mattress Co. The Company may also change or impose fees for products and services provided through the Website at any time in its sole discretion. The Company may establish or change, at any time, general practices and limits concerning other products and services at the sole discretion of the Company.
Privacy Policy of Sunshine Mattress Co.
The Privacy Policy on this Website governs the use of information collected from or provided by you at the Website. With respect to any individual whose personal information is provided by you to the Company, you represent to the Company that you have obtained all necessary consents for the processing of such personal information contemplated by the Services provided by Sunshine Mattress Co. Privacy Policy, including the transfer of such data to Canada or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.

License and Ownership
Any and all intellectual property rights ("Intellectual Property") associated with the Website and its contents (the "Content") are the sole property of Sunshine Mattress Co., its affiliates or third parties. The Content is protected by copyright and other laws in Canada and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom icons, diagrammatic illustrations, graphics and other items that appear on the Website are trademarks, service marks or trade dress ("Marks") of the Company, its affiliates or other entities that have granted the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of the Company. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, republish, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without the Company's or the appropriate third party's prior written permission. Except as expressly provided herein, the Company does not grant to you any express or implied rights to the Company's or any third party's Intellectual Property.

Sunshine Mattress Co. grants you a limited, personal, non-transferable, non-sub-licensable, revocable license to (a) access and use only the Website, Content and Services in the manner presented by the Company; and (b) access and use the services offered within the Website only in the manner expressly permitted by the Company. Except for this limited license, the Company does not convey any interest in or to the information or data available via the Company (the "Information"), Content, Services, Website or any other property by permitting you to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be re-engineered, reverse-engineered, modified, republishes, reproduced, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of the Company. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by the Company.

Restrictions on Use of the Website
In addition to other restrictions set forth in these Terms of Use, you agree that:
(a) You shall not disguise the origin of information transmitted through the Website. (b) You will not place false or misleading information on the Website. (c) You will not use or access any Service, Information, or any application via the Website in a manner not expressly permitted by the Company. (d) You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate the Website or Information or that infringes the Intellectual Property (defined below) rights of another. (e) Certain areas of the Website are restricted to customers of the Company. (f) You may not use or access the Website or the Company or Services in any way that, in the Company's judgment, adversely affects its performance or function, Services or the Website; or interferes with the ability of authorized parties to access the Systems, Services or the Website. (g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of the Company.

Links
(a) Outbound Links. The Website may contain links to third-party Websites and resources (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to you and not as an endorsement by Sunshine Mattress Co. of the content on such Linked Sites. The Company makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. The Company is not responsible for the availability of the Linked Sites or the content or activities of such sites. If you decide to access Linked Sites, you do so at your own risk. In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy. (b) Inbound Links. Linking to any page of the Website other than to https://www.sunshinemattressco.ca/ through a plain text link is strictly prohibited in the absence of a separate linking agreement with the Company. Any website or other device that links to the Website or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that the Company or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with the Company or any of its affiliates, (e) presenting false or misleading information about products or services, and (f) using any logo or mark of the Company or any of its affiliates without express written permission from the Company.


Submissions
Sunshine Mattress Co. does not accept ideas, concepts, or techniques for new services or products through the Website ("Comments"). If such Comments are received, you acknowledge that (a) they will not be considered confidential or proprietary, (b) the Company and its affiliates are under no obligation to keep such information confidential, and (c) the Company will have an irrevocable, unrestricted, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Comments in any manner it chooses.
Termination or Suspension of Use
You agree that Sunshine Mattress Co., in its sole discretion, may suspend or terminate your use of the Website, Information, Services and Content at any point in time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such termination or suspension, you must immediately (a) discontinue use of the Website, and (b) destroy any copies you have made of any portion of the Content. Accessing the Website, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that the Company shall not be liable to you or any third party for any termination or suspension of your access to the Website, Information, and/or the Services.

Disclaimer of Warranties
Sunshine Mattress Co. makes no representations about the results to be obtained from using the Website, the Services, the Information, or the Content. The use of same is at your own risk.
The Website, the Information, the Services, and the Content are provided on an "as is" basis.  The Company, its licensors and its suppliers, to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose. The Company and its affiliates, licensors and suppliers make no representations or warranties about the accuracy, completeness, security or timeliness of the Content, Information or Services provided on or through the use of the Website or the Company. No Information obtained by you from the website shall create any warranty not expressly stated by the Company in these terms of use.
Some jurisdictions do not allow limitations on implied warranty, so the limitations and exclusions in this section may not apply to you. If you are dealing as a consumer, your statutory rights that cannot be waived, if any, are not affected by these provisions. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms of use are fair and reasonable.

Limitation of Liability
To the extent permitted by applicable law and to the extent that Sunshine Mattress Co. is otherwise found responsible for any damages, the Company is responsible for actual damages only. To the extent permitted by law, in no event shall the Company, its affiliates, its licensors, its suppliers or any third parties mentioned at the website be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website, information, services or the content whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not the Company is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for you in these terms of use are exclusive and are limited to those expressly provided for in these terms of use.

Compliance with Law Including Export Control
You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Sunshine Mattress Co., negatively reflect on the goodwill or reputation of the Company and shall take no actions which would cause the Company to be in violation of any laws, rulings or regulations applicable to the Company.
Sunshine Mattress Co. and the Website are based in Canada. Canada and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under Canada or other applicable export control laws or regulations. If you access and download the Content (including any software or the Services) or Information, you represent that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).

Governing Law and Language
To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of Canada excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. To the fullest extent permitted by law, the controlling language for these Terms is English. Any translation has been provided for your convenience. You may view the English language version by (a) returning to the home page for the country that you have selected, (b) selecting the English link at the top of the page, and (c) then clicking on the link to the Website Terms located at the bottom of the page.

General
You may not assign these Terms or any of your interests, rights or obligations under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Written Document
You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.

Complete Agreement
Except as expressly provided in a separate license, service or other written agreement between you and Sunshine Mattress Co. or in the applicable rate and service guide or the Company's tariff, these terms of use constitute the entire agreement between you and the Company with respect to the use of the Website, Service, Information and Content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
Customer Service
Questions or comments regarding the Website may be submitted to Customer Support division of the Company.

Any future updates will be notified in this section of the page titled 'Terms of Use'. These Terms were last updated on May 1st, 2020.

Feel free to contact us, for any questions, suggestions, or complaints regarding these Terms of Use.

416-782-1858 | info@sunshinemattressco.ca
 

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