Terms and Conditions
You acknowledge that the content included on this site, including but not limited to text, graphics, logos, button icons, images, audio clips, software, and the selection and arrangements thereof, is and shall remain the sole and exclusive property of Sleep Boutique or its content suppliers and protected by Canadian and international copyright laws. Absent the consent of Sleep Boutique, the content on this site may be used for personal, non-commercial use only. Any other use, including the reproduction, modification, distribution, republication or display, of the content on this site is strictly prohibited and an infringement of copyright or proprietary rights in the information.
The Sleep Boutique and Von Viva names, trade names, trademarks and logo, and all related product and service names, design marks and slogans are the trademarks, service marks or registered trademarks of Sleep Boutique or its affiliates and may not be used in any commercial manner without the prior written consent of Sleep Boutique. All other products and service marks contained on the site are the trade-marks of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, or otherwise does not necessarily constitute or imply the endorsement, sponsorship or recommendation by Sleep Boutique.
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED IN OR PROVIDED OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SLEEP BOUTIQUE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM ERROR, INTERRUPTION, COMPUTER VIRUS, OR OTHER HARMFUL COMPONENTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SLEEP BOUTIQUE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. SLEEP BOUTIQUE HAS THE RIGHT TO MAKE CHANGES AND UPDATES TO ANY INFORMATION AVAILABLE THROUGH THE SITE WITHOUT PRIOR NOTICE.
This site may provide links or references to other web sites. However, Sleep Boutique has no control over or responsibility for content on third party sites and transactions that occur therein. Sleep Boutique has provided links to other sites merely as a convenience to users, and shall not be liable for any damages or injury arising from content on such third party web sites or transactions occurring therein. The terms and conditions and privacy policies governing this site may differ significantly from the policies of third party web sites. There are risks in using any information, software, or products found on the Internet or in otherwise entering transactions through the Internet. Accordingly, Sleep Boutique cautions you to make certain you understand these risks and any applicable policies of third party web sites before retrieving, using, relying upon, or purchasing anything, or before otherwise transacting, via the Internet.
Limitation of Liability
IN NO EVENT SHALL SLEEP BOUTIQUE OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF SLEEP BOUTIQUE OR ITS AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, CONTENT, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE OR THE INTERNET GENERALLY.
Because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply to you. In such jurisdictions, Sleep Boutique’s liability is limited to the greatest extent permitted by law.
You agree to indemnify and hold Sleep Boutique’s, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the site, your violation of these terms and conditions or your infringement of any intellectual property or other right of any person or entity.
Governing Law; Arbitration
These terms and conditions, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the Province of Alberta. Any dispute arising between you and Sleep Boutique will be submitted to arbitration in the Province of Alberta in accordance with the rules of the standing judiciary committee then in effect. Nothing shall deprive you of the benefits of your province’s consumer protection laws.
You may address any concerns by mail to:
Sleep Boutique Inc.
Suite 160, 5423 61 Ave SE
Calgary, AB T2C 5N7
December 1, 2019