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Conditions of Use

 

Welcome to FLEEP! The services on this site are offered to you by FLEEP MATTRESS Inc. (hereafter “FLEEP”). When you use the services of FLEEP (“FLEEPBED.COM,” “FLEEP,” “we,” “our,” “us”) you understand that you are subject to the following conditions. If you visit or shop at FLEEPBED.COM, you accept and agree to abide by these conditions. Please read them carefully. When you use any current or future FLEEPBED.COM service, you will also be subject to the policies and conditions applicable to such service. Before placing an order, if you have any queries relating to these terms and conditions, please email our customer service team at support@fleepbed.com

BY ACCESSING THE FLEEPBED.COM SITE AND THE ACCEPTING THE SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE CONDITIONS OF USE AND ALL RELATED POLICIES, CONDITIONS, AND GUIDELINES. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS OF USE, YOU MAY NOT USE THE FLEEPBED.COM SITE.

Privacy

Please review our Privacy Policy, which also governs your visit to the FLEEPBED.COM site and forms an integral part of these terms, in order to understand our practices.

Electronic Communications

When you visit FLEEPBED.COM or agree to receive communications from us electronically, we will communicate with you by email or by posting notices on the FLEEPBED.COM site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Newsletter

When you make a purchase on FLEEPBED.COM or subscribe to our newsletter, you agree to receive communications from us electronically. You may unsubscribe at any time by using the unsubscribe link in the newsletter or by contacting customer support at support@fleepbed.com.

Copyright

All content included on the FLEEPBED.COM site—including but not limited to text, design, graphics, drawings, photos, email addresses, illustrations, videos, audio clips, digital downloads, code, software, and the organization and presentation of this content (collectively the “content” hereafter)—is the property of FLEEPBED.COM or content suppliers, and is protected by Canadian and international copyright treaties. The compilation of all content on the FLEEPBED.COM site is the exclusive property of FLEEPBED.COM and protected by Canadian laws and international copyright treaties. All software used on the FLEEPBED.COM site is the property of FLEEPBED.COM or its software suppliers, and is protected by Canadian laws and international copyright treaties.

Trademarks

FLEEPBED.COM, FLEEP, and other marks indicated on our site are trademarks or registered trademarks of FLEEP Mattress Inc. in Canada and other countries. FLEEP graphics, logos, page headers, button icons, scripts, and service names are trademarks of FLEEP. FLEEP trademarks may not be used in connection with any product or service that is not owned by FLEEP, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FLEEP. All other trademarks not owned by FLEEP or its affiliates that appear on the FLEEPBED.COM site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FLEEP.

Site Access

You may use the FLEEPBED.COM site solely for the purpose of consulting, evaluating, and/or ordering FLEEP products. Reproduction or commercial use of site content is strictly forbidden without the prior written consent of FLEEP. Access to the site does not include any resale or commercial use of the FLEEPBED.COM site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools.

Your Account

If you use the FLEEPBED.COM site, you are responsible for maintaining the confidentiality of access and your password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 13, you may use FLEEPBED.COM only with involvement or permission of a parent or guardian. FLEEP reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Billing, Payment & Credit Card Information

If you create a FLEEPBED.COM account, FLEEP will save your billing and shipping information for future purchases. If you do not create an account, the information about your order (shipping and billing address, and items ordered) will be saved.

FLEEP never uses your credit card information for any purpose other than to process payment of the products you purchase. Credit card information will not be subsequently stored. Payments are processed by PayPal payment services. We accept Visa, MasterCard, and American Express credit cards.

Contacts & Information Imported via Sharing

Any contact information imported or shared with another person may be stored privately by FLEEP, as well as the personal information of any recipient. We may also use that recipient’s contact information to allow him or her to view and accept your gift, or to allow the recipient to access the information you requested we send.

Returns & Exchanges

If you’re not completely satisfied with your product, you can return it under our exchange policy. All items returned must be in original condition, with no stains, tears, or visible signs of use or wear.

International Site Access

The www.fleepbed.com site can be accessed from countries other than the United States and Canada. FLEEP may offer products or refer to products that are not available outside of the United States and Canada. Any such products or references to products do not imply that such products will be made available outside the United States and Canada. FLEEP is located in the province of Quebec, Canada. If you order FLEEP products outside the province of Quebec, you are responsible for ensuring products comply with your local laws and regulations, as well as for payment of any applicable taxes, customs duties, and other fees payable under law in your location.

Reviews, Feedback, Comments, Communications, and Other Content

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card or other content. FLEEP reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant FLEEP a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FLEEP the right to use the name that you submit in connection with such content, if we choose.

You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify FLEEP for all claims resulting from content you supply. FLEEP reserves the right (but not the obligation) to monitor and edit or remove any activity or content. FLEEP takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

FLEEP respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately at support@fleepbed.com

Risk of Loss

All items purchased from FLEEP are delivered pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you once the items are in the carrier’s possession. Note that your obligations do not truly end at this juncture.

Product Descriptions

FLEEP has made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your screen, we cannot guarantee that your screen’s display of any colour will accurately reflect the colour of the product on delivery.

All sizes and measurements are approximate; however we do make every effort to ensure they are as accurate as possible. We will take all reasonable care to ensure that all details, descriptions, and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders when product information has been incorrectly published, including prices and promotions.

FLEEP attempts to be as accurate as possible. However, FLEEP does not warrant that product descriptions or other content of the FLEEPBED.COM site are accurate, complete, reliable, current, or error-free. If a product offered by FLEEPBED.COM is not as described, please contact our customer service department at support@fleepbed.com.

Illegal Usage

It is forbidden to use the FLEEPBED.COM website or its content to post, transmit, upload, distribute or publish any content that is defamatory, hateful, obscene, discriminatory, offensive, pornographic, illicitly threatening, or harassing to any individual, corporation, or legal entity, or that otherwise violates any law, order, or regulation, as determined at the sole discretion of FLEEP. You agree to comply with all applicable local, provincial, federal, and international laws, regulations, and treaties while using this site. In addition, while using the website in accordance with these terms as modified from time to time, you agree to comply with generally accepted Internet standards and shall refrain from any misuse of this site.

Disclaimer of Warranties and Limitation of Liability

ALTHOUGH WE STRIVE TO KEEP WEBSITE CONTENT UP-TO-DATE, ERRORS AND OMISSIONS MAY OCCUR. CONSEQUENTLY, THE FLEEPBED.COM SITE AND THE SERVICES IT PROVIDES ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. FLEEP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR, WARRANTY OF COUNTERFEIT OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. FLEEP DOES NOT WARRANT THAT THE FLEEPBED.COM SITE, ITS SERVERS, OR EMAIL SENT FROM FLEEPBED.COM OR FLEEPBED.COM IS FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL FLEEP BE HELD LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE FLEEPBED.COM SITE, ITS SERVERS, ANY EMAIL SENT FROM FLEEPBED.COM OR ITS CONTENTS; USE OF ITS SERVICES; OR THE INABILITY TO USE ITS SERVICES, OR THAT IS LINKED THERETO, EVEN IF FLEEP HAD BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

FLEEP, ITS PARTNERS, AFFILIATES, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE FLEEPBED.COM SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE (INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES RESULTING FROMLOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION), AND CONSEQUENTIAL DAMAGES. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Links to Other Websites

This site may contain links to third party Websites. They are provided solely as a convenience to you. FLEEP has no control over and disclaims any liability for such websites or their contents. The provision of any link does not constitute an endorsement of such linked website by FLEEP. FLEEP is not responsible for webstreaming or any other form of transmission received from any third party website nor is it responsible if the third party website is not working appropriately. Any transactions that take place between you and the third party are directly with the third party and FLEEP shall not be held responsible for any loss or damage that you may incur as a consequence thereto. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.

Termination

You acknowledge and agree that FLEEP, at its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to the website, for any services and remove and discard any related materials for any reason, including where FLEEP believes that you have violated any of these terms. You understand and agree that FLEEP shall not be liable to you or to any person as a result of any such suspension or termination. If you are unsatisfied with any of these terms, please discontinue using this website.

Disclaimer

You acknowledge that you are using this site including its materials at your own risks. FLEEP and its partners, affiliates, and suppliers do not guarantee error-free or uninterrupted operation of this site. The products, services, and information provided on this site are provided “as is” without any warranties of any kind including warranties of merchantable quality, fitness for particular purpose, or non-infringement of intellectual property. FLEEP and its suppliers do not warrant the accuracy and completeness of materials available on or throughout this site. The materials on this site may be out of date, and FLEEP makes no commitment to update the materials. Information published on this site may refer to products, programs, or services that are not available in your jurisdiction. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

Indemnification

You shall indemnify and forever save harmless FLEEP, its partners, affiliates, parent company, and suppliers and each of their respective directors, officers, employees, consultants, agents, and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages, and liabilities (including legal fees) which may be incurred by reason of or in connection with your use of this site.

Applicable Law

By visiting the FLEEPBED.COM site, you agree that the laws of the Province of Quebec and the laws of Canada, without regard to principles of conflict of laws, will govern these Conditions of Use. All litigation must be submitted to the courts of the Province of Quebec in the judicial district of Trois-Rivières. If any provision of these Conditions of Use is unlawful, void, or unenforceable, then that provision shall be disregarded, and such invalidity shall not affect the validity of the remaining provisions of these Conditions of Use. These Conditions of Use and any other legal notices or any other statement appearing on this website are the entire agreement between you and FLEEP with regard to the use of the website, including its content.

Entire Agreement

These terms together with FLEEP’s privacy policy constitute the complete and entire agreement between you and FLEEP pertaining to the use of this site and supersede any prior agreements, whether written or oral.

Site Policies, Modification, and Severability

Please review our other policies, such as our privacy policy, posted on the FLEEPBED.COM site. These policies also govern your use of the FLEEPBED.COM site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Any changes or revisions will be effective immediately upon their posting on the FLEEPBED.COM site. Your use of the FLEEPBED.COM site will be subject to the version of the Conditions of Use posted on this site at the time of such use.

YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS OF USE, YOU MAY NOT USE THE FLEEPBED.COM SITE AND ARE TO DISCONTINUE USE OF THE SITE IMMEDIATELY. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Promotional Offers

FLEEP promotional offers may be subject to promotion-specific guidelines and restrictions. In addition to these promotion-specific conditions, all regular FLEEP terms and conditions still apply as usual and are applied at the discretion of FLEEP management. Orders placed that infringe on these guidelines can and will result in the cancellation of said order and will be treated as fraudulent.