RESTONIC MATTRESS CORPORATION HEREBY REFERRED TO AS (“RESTONIC”) owns and operates the website http://www.Restonic.com . ALL REFERENCES TO REGISTERED USERS ACCESS ALSO RELATES TO DEALER ACCESS AREAS AND SITE USAGE.
ACCESS TO THIS WEBSITE
The Website is not available to persons under the age of 13 (with parental or guardian consent recommended for those persons between the ages of 13 and 18) or to any previously Registered Member/ Dealers suspended or removed from the service by RESTONIC for any reason. It is a condition of your use of this Website that all the information you provide on this Website will always be correct, current, and complete. By using this Website, you represent warrant to RESTONIC that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; (d) if you are a minor 13 years of age or older, you have obtained the permission of your parents prior to submitting personal data to RESTONIC and (e) your use of the Services does not violate any applicable law or regulation.
USE OF SERVICE
REGISTERED MEMBER/DEALER PASSWORDS / ACCOUNT ACCESS
If you are a Registered Member/ Dealer, you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. You may change your password at any time by updating your profile on the applicable Website. You agree to immediately notify RESTONIC of any unauthorized use of your password or account or any other breach of security. RESTONIC cannot and will not be liable, directly or indirectly, for any loss or damage arising from your failure to comply with this section.
Termination of a Registered Member/ Dealer account includes removal of access to all offerings within the Website and may also bar you from further use of the Website. You understand that such termination may result in permanent loss of all information and content associated with your account. Consequently, you should maintain your own copies of all of your information and content. Furthermore, you agree that RESTONIC shall not be liable to you nor any third-party for any termination of your account or access to the Website.
We refer to the ideas, suggestions, opinions, comments, observations and recommendations about any issue (including about the quality, appropriateness of any use, price, description or other information about any good, which includes any materials or content, and service), and including all text, data, photographs, video, music, sound, chat, messages, blogs, files and any other material provided to us by RESTONIC Visitors and Registered Member/ Dealers as “User Content.”
The following rules of conduct apply to your use of the Website and to any and all User Content you post on RESTONIC. RESTONIC reserves the right, in its sole discretion, to terminate a Registered Member/ Dealer’s account, investigate and take appropriate legal action, and delete any or all of your User Content.
You may not, in connection with the Website:
- Upload, post, email or otherwise transmit any User Content that: (i) is libelous or defamatory, pornographic (including having nudity),sexually explicit, unlawful or plagiarized; (ii) infringes or violates any patent, copyright, trademark, trade secret or other intellectual property right; (iii) breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv) a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way; (v) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech; (vi) violates or encourages others to violate any applicable law, statute, ordinance or regulation; (vii) promotes software or services that deliver unsolicited email; (viii) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Website; (ix) contains hyper-links to other sites that contain content that falls within the descriptions set forth above; or (x) contains viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
- Provide false or deceptive information including User Content that impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- Use RESTONIC as a forwarding service to another Website;
- Do anything to prevent the full and complete display of advertisements on RESTONIC pages. These include, but are not limited to, making blog style changes, customizations, or overrides that effectively block or substantially impair the display of advertisements on pages within the Website;
- Exceed the scope of the services that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people’s entries or other content when you have not been granted the privileges to do so; or
PROPRIETARY INFORMATION AND TRADEMARKS
The Website is intended to be an Internet destination where individuals may exchange diverse viewpoints and ideas and engage in a rich content experience. The Website includes proprietary information (including copyrighted works, trademarks, service marks, logos) owned by RESTONIC and its licensors, which we refer to as “RESTONIC Content”. Additionally, the Website includes the ability for Visitors and Registered Member/ Dealers to add User Content to personalized areas or “profiles” and to add comments, messages and other communications in various areas of the Website; we define and refer to “profiles” below.
Trademarks, service marks, and logos appearing in this Website are the property of RESTONIC or the party that provided the RESTONIC Content to RESTONIC. RESTONIC and any party that provided the RESTONIC Content retain all rights with respect to any of their respective copyrights, trademarks, service marks, or other proprietary rights in the RESTONIC Content.
The interactive nature of the Website makes it impossible for us to assume responsibility for any of the User Content that may be accessible to Visitors or Registered Member/ Dealers, or otherwise may be publicly displayed or copied. Similarly, no RESTONIC Content is endorsed by RESTONIC, we make no guarantee regarding the reliability, accuracy, or quality of any User Content. All User Content posted to the Website is the sole responsibility of the person who originally posted the User Content, and your sole recourse for any damage you may suffer as a result of User Content shall be to such person. You acknowledge that RESTONIC may or may not pre-screen User Content, but that RESTONIC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any User Content from the Website, with or without notice.
RESTONIC requires certain rights to User Content to operate the Website. You hereby grant to RESTONIC the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display all User Content solely on and through the Website and other RESTONIC-branded products and services and to advertise, promote, market, demonstrate, or provide instructional materials and services using commercially reasonable portions of the User Content in any form, media or technology now known or later developed. RESTONIC will not be required to treat any User Content as confidential, and may use any User Content in its business in a manner consistent with the foregoing license without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future RESTONIC operations.
You represent and warrant that: (i) you own the User Content posted by you on or through the Website or you otherwise have the right to grant the license set forth in this section, (ii) the “posting” (that is, the displaying, publishing or transmitting (such as by email or otherwise) of your User Content on or through the Website does not violate any law or regulation; and (iii) the posting of your User Content on or through the Website does not violate the privacy rights, publicity rights, patents, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Website.
You may not infringe upon the User Content of others, which means you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the third party’s User Content.
MODIFICATIONS TO THE WEBSITE
RESTONIC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. RESTONIC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. RESTONIC may establish general practices and limits concerning use of the Website. You agree that RESTONIC has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content, provided by you or otherwise, maintained or transmitted by RESTONIC. Such loss may be without notice to you; consequently, you should always maintain your own copy of your User Content.
Please note that certain links on the Website may take you to other websites. Links to other websites or other resources which are not created or controlled by RESTONIC (“Linked Sites”) are intended for convenience only. RESTONIC does not endorse or accept responsibility for any such Linked Site or resource you may access through the Website. Linked Sites are wholly independent from RESTONIC therefore RESTONIC has no control over any products, services, materials, or other information contained in or available through these third-party websites. The quality and dependability of these third-party websites may vary as they are updated or altered. Linked Sites are to be accessed at the user’s own risk, and RESTONIC makes no representations or warranties about the content, completeness or accuracy of these Linked Sites, hyper-links to Linked Sites or the sites hyper-linked to this Website.
RESTONIC is solely for your and other Visitors and Registered Member/ Dealer’s use and may not be used for any other commercial activities or endeavors, including by way of example display of banners or other commercial advertisements, affiliate links, and any other advertisement, solicitation, offer or sale of any goods or services. Appropriate legal action will be taken for any illegal or unauthorized use of the Website. You agree that all commercial activities (to the extent permitted herein) shall at all times be conducted in compliance with all licensing, tax and all other applicable laws and regulations of every governmental authority having jurisdiction over such commercial activities.
RELIANCE ON CONTENT AND SERVICES
RESTONIC presents content and services for the purpose of informing, educating, and creating an enriched community among RESTONIC Visitors and Registered Member/ Dealers. RESTONIC’s intent is not to provide exhaustive information or advice on a particular topic, or with respect to any advice, good or service described or otherwise identified on the Website. You agree not to rely solely on information provided by RESTONIC to suggest an authoritative, accurate or even appropriate course of action for any person with respect to any subject, including by way of example, the solicitation, offer or sale of goods or services, legal, financial, educational, medical, or mental health issues or concerns. The information contained on the Website should not replace a consultation with a qualified expert in any field, such as an attorney, accountant, financial or investment advisor, teacher, physician, health care provider, or therapist.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please contact and provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. RESTONIC’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Marketing Department, RESTONIC Inc, 737 Main St, 3rd Floor, Buffalo New York, USA, 14203; Attn: Copyright Agent; and email: sweetdreams@Restonic.com
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RESTONIC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RESTONIC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (1) THE WEBSITE (WHICH INCLUDES ALL RESTONIC SERVICES) WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE USER CONTENT, RESTONIC CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, AND ANY RESULTS OF USE OF THE FUNCTIONALITY OF THE WEBSITE WILL BE ACCURATE, RELIABLE OR COMPLETE; AND (4) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIAL THAT MAY BE OFFERED AND SUBSEQUENTLY PURCHASED OR OBTAINED BY YOU THROUGH RESTONIC WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RESTONIC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF USER CONTENT, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RESTONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY USER CONTENT, RESTONIC CONTENT OR OTHER MATTER RELATING TO THE WEBSITE OR RESTONIC.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
PROFESSIONAL INFORMATION DISCLAIMER
The Website may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments (“Professional Information”). Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of Professional Information or other User Content or RESTONIC Content does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any Professional Information rests with you. You further agree that RESTONIC, including its suppliers, will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any Professional Information.
You are solely responsible for your interactions with other RESTONIC users. RESTONIC reserves the right, but has no obligation, to monitor disputes between you and other Visitors or Registered Member/ Dealers. You agree to cooperate with RESTONIC should RESTONIC notify you that it has elected to exercise this right to monitor a dispute.
If there is any dispute about or involving the Website, you agree that the dispute shall be governed by the laws of the Province of Ontario, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the Province of Ontario.
DEALINGS WITH THIRD PARTIES
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, a Website or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely between you and such third parties. RESTONIC assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions will be yours alone. You agree that RESTONIC will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
This Agreement constitutes the entire agreement between you and RESTONIC regarding the use of the Website. The failure of RESTONIC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. RESTONIC is a service mark of RESTONIC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. The following sections shall survive any termination of this Agreement: “Fees”, “Disputes”, “Notice”, “Limitation on Liability”, “Indemnity”, “Proprietary Information and Trademarks”, and other sections which, by their terms, survive termination.