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TERMS OF SERVICE

Serta Simmons Bedding Terms of Service

Last Revised: April 1, 2020

By using or accessing the website located at sertasimmons.ca, together with the mobile version of the website (collectively, the “Website”), regardless of how accessed, you signify your agreement to be legally bound by our Privacy Policy and Terms of Service (the “Policies”). If you do not agree to the Policies, you should not access or otherwise use the Website. The Policies apply to all who access or use the Website.

Serta Simmons Bedding Company (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.

We reserve the right, at our discretion, to amend these Terms of Service at any time without prior individual notice. The date on which these Terms of Service were last amended is shown at the top of this policy. You are responsible for verifying whether any amendments have been made and therefore we ask that you periodically review the Policies. If you object to any amendments, please stop using the Website, otherwise your continued use will be taken as your consent to such amendments.

Serta makes the Website available for consumers located exclusively in the United States of America and Canada. Please do not use the Website if you are located outside the United States and Canada.

1. YOUR USE OF OUR WEBSITE
1.1 General

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 Service.

You may download and/or print a copy of the 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 Websitein accordance with these Terms of Service, 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.

1.2 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 Service; and

(e) your use of our Website does not and will not violate any applicable law, regulation or agreement.

1.3 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 Website;

(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 Websiteto 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 Websiteby others;

(h) upload or otherwise transmit files that contain a virus or corrupted data;

(i) collect information about others (e.g.,e-mail addresses) 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 Websiteor services); or

(k) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website,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.

INTELLECTUAL PROPERTY

2.1 Trademarks

Serta®, Beautyrest® 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 licence, or used for identification purposes only. Nothing in these Terms of Service 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.

2.2 Copyright

The Website contains content, information, data and material that is proprietary and protected by applicable intellectual property laws. All copyrightable text, audio, video, recordings, graphics, charts, photographs, 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 trade dress under applicable law.

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 otherintellectual property belonging to Serta or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

2.3 Copyright Claims

If you believe that your copyright in any material has been infringed by material available on this Website, please provide our copyright agent with all of the following information. If you are located in the United States, this information should be provided in the form prescribed by Section 512 of Title 17, United States Code.

a) a description of the copyrighted work you claim to have 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,

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, and

f) a physical or electronic signature of the person authorized to act on behalf of the copyright owner’s interest.

You understand and agree that: (1) Serta assumes no liability or responsibility for any third party content or material of any kind that is submitted to or posted on the Websiteby you or by any other users or third parties, and (2) Serta is merely a transmitter of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act (DMCA).

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

SSH Bedding Canada Co.

2550 Meadowvale Blvd. Unit 1

Mississauga,ON, L5N 8C2

Attn: Customer Service

cancustomerservice@sertasimmons.com

3. PERSONAL INFORMATION

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.

4. LINKS

Through the 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 website. If you decide to access linked third-party websites, you do so at your own risk. Serta has no control over such sites, so 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 or terms, you should contact that party directly, and we encourage you todo so.

5. DISCLAIMERS; NO WARRANTY

5.1 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 there of, 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 Websiteis 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 Websiteis providedto 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 Websiteor 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.

6. 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 HAVEBEEN ADVISEDOR 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 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.

7. INDEMNIFICATION

You agree to indemnify and hold harmless the Serta Parties 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 services, or any information obtained there from, in violation of these Terms of Service, (b) your breach of these Terms of Service, (c) any breach of your representations and warranties set forth above and/or (d) any content that you post on or through our Website or services.

8. GENERAL

a) You agree that these Terms of Service, including the Privacy Policy, describe the entire agreement between you and the Serta Parties with respect to the Website.

b) 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 Service, or in connection with any matters related to the Websiteor 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.

c) 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.

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

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

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