The customer authorizes O Mattress™ to electronically communicate by email, telephone, chat or any other means determined by us in our sole discretion. You release O Mattress™ from any and all liability in relation to its submission, referral or re-use of information in the event there has been security issue. By electronically communicating with us through the website or submitting an application, you are consenting to our use of electronic communication.
If applicable, you authorize O Mattress™ to post information into your private account, where O Mattress™ will provide you with a private password and login code that is confidential and for your exclusive use only. If so, you waive any liability for O Mattress™ if you share your login code or password, and you assume responsibility for any breach of your own privacy and confidentiality. O Mattress™ logs access information such as time of usage and IP addresses from all parties that enter the domain of its proprietary software. You, the customer, agree that you will be the only person that will be able to access the login system and Site, and that you will use the Services, Site and Software only for personal usage.
You confirm that you have decided to enter the O Mattress™ Sites and to use any O Mattress™ Services and Software on the Sites at your own risk, and further acknowledge and agree that we, our agents and representatives, and independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) have not at any time in the past represented or communicated to you directly or indirectly any guarantees. O Mattress™ reserve the right to cancel or refuse service to anyone that is threatening, harassing, abusive, rude, and unprofessional to any of our staff, representatives or agents. O Mattress™ reserves the right to decline or cancel one or more sales or programs if the customer has attempted to misuse, mislead or falsify a claim or for any other reason determined by O Mattress™ in its sole discretion.
After cancellation, you will no longer have access to your account and any or all information or content, including but not limited to e-mails, web pages, CGI scripts, log files, databases, or other data files associated with your account. This information may be deleted, O Mattress™ accepts no liability for such deleted information or content, and any information collected by O Mattress™ is deemed to be its property.
The information from or through the O Mattress™ Sites is provided “as is”, “as available,” and all warranties, expressed or implied, are disclaimed including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose. The information may contain errors, problems, or other limitations. O Mattress™ and our agents and representatives, and independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) sole and entire maximum liability for any inaccurate information for any reason; and your sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by you for the information received.
O Mattress™ ™ and our agents and representatives, and independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact shall not be liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damage. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.
All responsibility and liability for any damages caused by viruses contained within the electronic files of this site are disclaimed. The Sites, Services and Software provided by us may be used solely for personal, non-commercial, and informational purposes in accordance with our terms and conditions.
The terms and conditions here are attributable to all of the programs, products, Services, Sites and Software offered by O Mattress™. Some things may seem as though they are not applicable but we still reserve all of the protection offered by those terms whether or not you feel as though they apply. For the portions that may not seem applicable to you, please proceed to use our products, Sites, Software and Services with the understanding that you are agreeing to all terms and conditions. You expressly agree and warrant that you are in full agreement and your use of the Sites, Software and Service constitutes your signature and full acceptance of all such terms.
You recognize that the Sites, Services, Software and any communications from O Mattress™ to you, including all related information are considered confidential and proprietary information and that any disclosure of such information is strictly prohibited. Any expense incurred by us as a direct or indirect result of disclosing such information will be paid by the offending party. This shall include full indemnification for any and all expenses incurred by O Mattress™.
All updates, improvements, modifications, enhancements, and information related to our Software is proprietary, and all rights, including copyright, are owned by us. You further acknowledge that you have been advised that the information on the Sites and the code of our Software, including updates, improvements, modifications, enhancements, and information related to installation constitutes a trade secret of ours and is protected by civil and criminal law, and by law of copyright, and is valuable and confidential to us, and that its use and disclosure must be carefully and continuously controlled by you.
We shall at all times retain title to all Software, Site and Services and all related information, including all updates, improvements, modifications and enhancements, furnished to you. The Services and Software supplied are for your personal use. You agree to notify us forthwith if you obtain information as to any unauthorized possession, use or disclosure of any of our Software or Services by any person or entity, and further agree to cooperate with us in protecting our proprietary rights. Unless agreed to by us in writing, our Software may be used only by you.
Services and Software from O Mattress™ is provided for online use and the use of such software may be subject to fees. You agree not in any way to translate, de-compile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the software. We reserve the right to modify or discontinue our Services, Site and Services at any time without notice. You acknowledge and agree that we shall not be liable for any decision made or action taken by you or others based upon reliance on information or materials obtained through use of our Services, Site or Software.
In no case shall O Mattress™ and our directors, officers, employees, affiliates, agents, or contractors or independent third parties (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) be liable for any direct, indirect, incidental, exemplary, special or consequential damages arising from your use of our Services, Sites or Software or any products provided by us. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability shall be limited to the extent permitted by law. We do not endorse, warrant, or guarantee any independent third party product or service offered or otherwise accessed while using our services or programs (including independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact). You hereby release us from any and all obligations, liability and claims in excess of these liability limitations. Our Services, Sites and Software are provided on an “as is” and “as available” basis without warranty of any kind, express or implied. You expressly agree that the use of the Services, Site and Software is at your sole risk.
You agree and warrant that the contact information you provide us is complete and accurate, and further agree to notify us within ten days of a change to any such contact information. Contact information includes your name, mailing address, telephone number, and e-mail.
You affirmatively represent, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the Canada and throughout the world, to reproduce and disseminate, via the Internet, all data transmitted to or from our servers.
You agree and warrant that no data will be transmitted while using our Services, Sites or Software will contain any material which is harmful, violent, threatening, abusive or hateful. You further agree not to transmit data which is libelous, slanderous, defamatory, or in violation or infringement of any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights. You agree and warrant that you shall not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of “spamming”. You agree and warrant that we reserve the right to block mail from any source which we believe, in its sole discretion, is being used to send such unsolicited e-mail, including but not limited to open mail relays. You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of our Services, Site and Software.
You agree that we have no control over our public free or paid web pages and that any use by an independent third person or party is not our responsibility for what they transmit to you or any other person connected to you in any form and we cannot be held responsible for such use or actions by any third parties. You agree that you use our Services, Sites and Software at your own risk, and that any causes of action that arise from their use are not our responsibility and any expenses incurred by our company defending any such claims shall be reimbursed by you, to us. This includes any expense related to us defending claims associated with you or as a direct result of you.
After cancellation of our Services, Sites and Software for any reason, you will no longer have access to your account and all information or content, including but not limited to e-mails, web pages, CGI scripts, log files, databases, or other data files associated with your account or your file. This information may be deleted, and we accept no liability for such deleted information or content. Additionally, we will not be held to any obligations for the reproduction of information for the customer or third parties. In no cases will we be obligated to provide support or information for any matters involving your specific or other related situations with you or the third parties that may or may not be related.
This Site contains links to other Internet sites. These links are provided solely as a convenience to you and are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by us. These independent third party sites may also contain opinions and viewpoints of third parties that do not necessarily coincide with our opinions and viewpoints. Those sites may also have privacy policies different than our Privacy Statement.
While we have linked our Sites to other web sites. You should understand that this does not mean that we have looked at all those web sites, that we have checked them out, or that we endorse them. We disclaim any responsibility if some site you link to has material on it that offends you in any way.
By using the Services, Sites and Software, you consent to our collection and use of your personal information as described in our Privacy Statement, which is referentially incorporated here. If we change our privacy policies and procedures in the Privacy Statement, we will post those changes to the Sites so you are aware of what information we collect, how we use it and under what circumstances we may disclose it.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Sites are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Sites, except as allowed, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Sites. The posting of information or materials on the Sites does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
Our Sites, Software and Services include our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
We may make available through the Sites or through other web sites sample and actual forms, checklists, and documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, correctness, accuracy, and/or appropriateness. The Documents are provided “as is”, “as available”, and with “all faults”, and we and any provider of the Documents disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose.
Information contained on or made available through the Sites, Software and Services is not intended to and does not constitute financial or legal advice or recommendations and no relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Services, Software or Sites. Your use of information on the Site or materials linked to the Site is entirely at your own risk.
The Sites may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
We do not represent or warrant that the Sites will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Sites will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Sites.
Independent third party content (including content of independent third party lenders such as SkyCap Financial and independent third party financial, technology and service providers such as Flinks and NICE inContact) may appear on the Sites or may be accessible via links from the Sites. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the independent third party content represent solely the thoughts of those parties, and is neither endorsed by nor does it necessarily reflect our belief.
We reserve the right to investigate complaints or reported violations and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Toutes les personnes conviennent que les Conditions d’utilisation du site sont seulement écrit dans la langue anglaise.