TERMS AND CONDITIONS
Welcome to the Chirofoam™ website (the “Website” or Site”) maintained and operated by and on behalf of Chirofoam Mattress Company Inc. (“the Company”). This site is maintained as a service to our customers. By using this site, you are communicating with the Company electronically and agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this website.
This Agreement (“the” Agreement”) specifies the Terms and Conditions for access to and use of the Website and describes the terms and conditions applicable to your access to and use of the Website. This Agreement may be modified at any time by the Company upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.chirofoam.com/terms-and-conditions. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3.1Website. All content included on this Website is and shall continue to be the property of the Company or its affiliates and content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website. 3.2 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Company through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
- Intended Audience
This Website is intended for use by adults only, and is not intended for persons under the age of 18. The Company does not knowingly seek to collect information from children under the age of 13, if such information is discovered, it will be deleted.
Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of the Company or its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of the Company or such other owner.
- Website Use
The Company grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. The use of this Website is at the discretion of the Company and the Company may terminate your use of this Website at any time.
- Purchase Terms
- Third-Party Websites & Ads
The Website may contain links or otherwise provide you with access to third-party websites and services (“Third-Party Websites”) and advertisements for third parties (collectively, “Third-Party Websites & Ads”). When you click on a link to or otherwise access a Third-Party Website or Ad, we will not warn you that you have left the Website and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of Company. Company is not responsible for any Third-Party Websites & Ads. Company does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
- Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
THIS WEBSITE, THE INFORMATION AND CONTENT ON THIS WEBSITE, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, EXCEPT FOR THE LIMITED PRODUCT WARRANTY DESCRIBED IN SECTION 7.5 AS AND IF APPLICABLE TO A PRODUCT. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. EXCEPT AS STATED HEREIN, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO THE PRODUCTS YOU PURCHASE THROUGH THE SITE ARE AS SET FORTH IN SECTION 7.5.
- Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE OR YOUR USE THEREOF, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE. WITH RESPECT TO THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, FROM THE COMPANY AND ITS AFFILIATES AND SUPPLIERS IS IN ACCORDANCE WITH THE LIMITED WARRANTY DESCRIBED IN SECTION 7.5 APPLICABLE TO THAT PRODUCT, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE. IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES OR SUPPLIERS TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES PURCHASED ON THE WEBSITE; OR (B) FIFTY DOLLARS ($50).
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
- Use of Information
The design of this Website, including text, graphics, information, content, and other material displayed are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions without prior written permission by the Company. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. If you believe that the Company has posted or displayed content on the Website in violation of your copyright or other intellectual property rights please notify the Company immediately.
- Applicable Law; Jurisdiction
You agree that the laws of the province of Ontario, Canada, without regard to any conflicts of law provisions, will govern these Terms and Conditions of Use and any dispute that may arise between you and the Company or its affiliates. You agree that any action seeking legal or equitable relief arising out of or relating to this Website will be brought only in the courts of the province of Ontario or Canadian Federal Court for the province of Ontario. A printed version of these Terms and Conditions will be admissible in any judicial and/or administrative proceedings based upon, arising out of, or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business records originally generated and kept in printed form.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
The Company may terminate this Agreement at any time, with or without notice, for any reason, and applicable provisions of this Agreement survive, including, without limitation, Product warranties, disclaimers and limitations of liability.
- Additional Assistance
If you need additional information regarding the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact the Company at [email protected]hirofoam.com.