Terms of Use

TERMS OF USE

Welcome to the SensiSleep website (the “Site”). The products and services on the Site are offered to you by SensiSleep (“SensiSleep”, “we” or “us”) subject to the following terms and conditions. By using the Site and the products and services offered through them, you signify that you have read, understand, and agree to be bound by these terms and conditions of use and all related rules, policies, conditions, and guidelines (the “Terms of Use”). We reserve the right to, at our sole discretion, change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to the Terms of Use on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the revised Terms of Use.

Scope.  These Terms of Use are inclusive of the SensiSleep Privacy Policy and any and all other applicable SensiSleep operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).  Please review the Agreement carefully.  The Agreement constitutes the entire and only agreement between you and SensiSleep with respect to your use of the Services and/or Site and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services, Site, the content contained therein and/or the products, services and/or programs provided by or through same.  By accessing the Site, you understand and agree that you may be waiving rights with respect to claims that are at this time unknown.

Modification.  To the extent permissible by applicable law, we may amend these Terms of Use from time to time at our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Terms of Use will be posted on the Website, and you should review these Terms of Use prior to using the Website, and/or Services. By your continued use of the Website, and/or Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within these Terms of Use effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Therefore, you should regularly check these Terms of Use for updates and/or changes.

Purchases.  Upon placing a purchase order on the Site, you will be required to provide your credit card information (“Active Credit Card”), or your PayPal® account (“Payment Account” and together with Active Credit Card, “Payment Method”), as applicable, will be charged the applicable amount depending on your purchase. All Fees on the Site are expressed in Canadian currency and are payable in Canadian currency.  Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of SensiSleep in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), SensiSleep reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.

SensiSleep’s authorization to provide and bill for the Products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency.

For purposes of these Terms of Use, “PayPal” shall mean PayPal, Inc. Please be advised that SensiSleep is not in any way affiliated with PayPal, and the Site are neither endorsed, nor sponsored, by PayPal. PayPal® is a registered trademark of PayPal, Inc.

Terms of Sale.  The terms of sale with regard to the placement of orders and the purchase of mattresses or other products from SensiSleep through the website are governed by the Terms of Sale and other purchase-related policies on the Website, such as the “Warranty” and “Return Policy”, which are in effect at the time of purchase.

Shipping and Taxes.  SensiSleep will ship the order placed by you in accordance with the chosen delivery method and address provided. SensiSleep is not responsible for any damages, losses or costs resulting from potential delays in delivery. Prices quoted do not include shipping and handling charges and applicable federal and provincial sales taxes unless expressly stated. The customer is responsible for all sales, use, goods and services, harmonized sales and other taxes and duties that are associated with the order.

Disclaimers.  SensiSleep does not represent or warrant that the Content made available by and through the Services and/or the Site is/are accurate, complete or appropriate.  To the extent permissible by applicable law, you understand and agree that SensiSleep will not be responsible for, and SensiSleep undertakes no responsibility to monitor, or otherwise police, such Content. To the extent permissible by applicable law, you agree that SensiSleep shall have no obligation and incur no liability to you in connection with any such Content made available by and through the Services and/or the Site by third parties. Sensisleep reserves the right to correct any errors, inaccuracies or omissions and to change or update information or Content at any time, each without prior notice to you. Further, SensiSleep reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If a credit card has been charged and the order is cancelled by SensiSleep, a refund will be issued to the credit card.

Cancellation.  SensiSleep reserves the right, in its sole discretion, to limit quantities, terminate accounts and refuse or cancel any order, including after the order has been submitted and a confirmation has been sent and payment accepted. If the order is cancelled after the payment was processed, SensiSleep will issue a full refund.

License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and all other material, products and/or services posted or made available by and through same (collectively, “SensiSleep Material”) in accordance with these Terms of Use. SensiSleep may terminate this license at any time for any reason. Unless otherwise expressly authorized by SensiSleep, you may only use the SensiSleep Material for your own personal, non-commercial use. No part of the SensiSleep Material may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the SensiSleep Material and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the SensiSleep Material. You may not use the SensiSleep Material in conjunction with any other third-party content. You may not exploit any aspect of the SensiSleep Material for any commercial purposes not expressly permitted by SensiSleep (including the bundled sale of such SensiSleep Material). Systematic retrieval of SensiSleep Material by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from SensiSleep is strictly prohibited. You further agree to indemnify and hold harmless SensiSleep for your failure to comply with these Terms of Use. SensiSleep reserves any rights not explicitly granted in these Terms of Use. 

Proprietary Rights.  All Content is owned or licensed by or to SensiSleep, and is protected under applicable copyright, trade-mark and other proprietary (including, but not limited to, intellectual property) rights.  Except as expressly provided in the Agreement, no part of the Content may be reproduced, retransmitted, sold, rented, distributed, published, uploaded, posted, publicly displayed, altered to make new works, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without SensiSleep’s prior written consent.  Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the SensiSleep Material. The posting of information or material at the Site by SensiSleep does not constitute a waiver of any right in or to such information and/or materials. SensiSleep reserves all rights not expressly granted hereunder. The “SensiSleep” name and logo are trademarks of 2822508 Ontario Corp. All other trademarks are the property of their respective owners. The use of any SensiSleep trademark without SensiSleep’s express written consent is strictly prohibited.

Indemnification.  To the fullest extent permissible by applicable law, you agree to indemnify and hold SensiSleep, its parents and subsidiaries, and each of their respective shareholders, officers, directors, employees, agents, co-branders, content licensors, other partners and/or individuals engaged in the development, production, operation or distribution of materials for the Site, harmless from and against any and all claims, expenses (including reasonable legal fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or its services in any way, whatsoever; (b) your breach of these Terms of Use; (c) any dispute between you and any other third parties; (d) any claim that SensiSleep owes any taxes in connection with your use of the Site and/or its services; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of SensiSleep, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, shareholders, employees, agents, licensors, suppliers and/or attorneys. To the fullest extent permissible by applicable law, each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

Disclaimer of Warranties. THE SITE, AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH THE SITE, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, SENSISLEEP MAKES NO WARRANTY THAT THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH THE FOREGOING MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SENSISLEEP WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE AND/OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SENSISLEEP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. SENSISLEEP WILL NOT BE LIABLE FOR ANY INJURY OR DAMAGE TO A USER’S OR ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING ANY MATERIAL IN ANY EVENT.

Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SENSISLEEP SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SENSISLEEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH THE FOREGOING. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU HEREBY RELEASE SENSISLEEP FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF SENSISLEEP TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU HEREBY RELEASE SENSISLEEP FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS PARAGRAPH. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH THE FOREGOING MAY BE BROUGHT BY YOU OR SENSISLEEP MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND, IN SUCH JURISDICTIONS, SENSISLEEP’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Third-Party Websites.  The Site may provide links to other internet websites and/or resources including, without limitation, websites owned and/or operated by our third party service providers. Because SensiSleep has no control over such third party websites and/or resources, you hereby acknowledge and agree that SensiSleep is not responsible for the availability or contents of such third party websites and/or associated resources. Furthermore, SensiSleep does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials available at or from its third party service providers and/or such third party websites or resources, or for any damages and/or losses arising therefrom. 

User Information.  Except where expressly provided otherwise by us in these Terms of Use, and subject to the SensiSleep Privacy Policy, all comments, information, data and/or materials that you submit through or in association with this Site shall be considered non-confidential. For a copy of the SensiSleep Privacy Policy, please click here. By submitting such comments, information, data or materials to us, you: (a) represent and warrant that SensiSleep’s use of your submission does not and will not breach any agreement, violate any law or infringe upon any third party’s rights; (b) agree that SensiSleep is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (c) grant SensiSleep all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all comments, information, data and/or materials, in whole or in part, or as a derivative work, without any duty by SensiSleep to anyone whatsoever. SensiSleep does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works and/or materials.

Applicable Law.  These Terms of Use shall be treated as though it were executed and performed in Toronto, Ontario and shall be governed by and construed in accordance with the laws of the Province of Ontario (without regard to conflict of law principles).

Jurisdiction.  SensiSleep Makes no representation that materials, information or products on or through the Site are available or appropriate for use in other locations or jurisdiction than Canada. Users who access the Site from other locations or jurisdictions are doing so on their own accord and must comply with local laws.

Miscellaneous.  Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. These Terms of Use are personal between you and SensiSleep and govern your use of the Site. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. SensiSleep failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of these Terms of Use. SensiSleep may assign its rights and obligations under these Terms of Use. These Terms of Use will inure to the benefit of its successors, assigns and licensees.

Notice.  SensiSleep may deliver notice to you under these Terms of Use by means of e-mail to the e-mail address on record in your account, or a general notice on the Site.

Contact Us.  If you have any questions about these Terms of Use or the practices of SensiSleep, please feel free to contact us at sensisleeporders@gmail.com.