TEMPUR-Canada Website
Official Terms and Conditions and Privacy Policy

Below are the Terms and Conditions and Privacy Policy that apply to and govern the TEMPUR-Canada website. TEMPUR-Canada Authorized Dealers shall comply with these terms and policies. Additionally, it is TEMPUR-Canada’s expectation that Dealers shall have and enforce privacy policies for their own websites if collecting and storing customer information, or engaging in e-mail communications with their customer database, and to otherwise comply with all applicable privacy and data security laws and regulations. This Site is operated by 13900658 Ontario Inc. o/a TEMPUR-Canada (“TEMPUR-Canada) and the Site and information contained in or gathered by the Site may be stored and processed by systems located both within and outside of Canada, including in the United States.

Privacy policy

These Terms of Use and Privacy Policy apply to the Official TEMPUR-Canada Web site including, without limitation, the home page at www.tempurpedic.ca, splash page, and all other pages accessible by or through the same top level domain name, and all content thereon (the "Site").

By accessing and using this Site you agree to be bound by the Terms of Use and Privacy Policy set forth below (the "Terms"). TEMPUR-Canada reserves the right, at its sole discretion, to change, modify, add, or remove portions from these Terms at any time, and it is your responsibility to review the Terms each time you access this Site. We will endeavor to provide reasonable notice of any material changes to the Terms and Policy. Your continued use of the Site following the posting of changes to the Terms means that you accept these changes.

Please exit this Site immediately if you do not accept the Terms, or are in a jurisdiction where use of this Site is not permitted.

Use of Materials

You may print, or have printed by a third party, any downloadable material contained on this Site provided that (i) the material is used solely for non-commercial and personal purposes, (ii) no copyright or other proprietary notice is removed from the material and (iii) the material is not altered in any manner or combined with any other materials or content.

Copyrights, Trademarks and Other Proprietary Rights

The content of this Site, including but not limited to trademarks, designs, logos, text, images, and audio and video materials, is the property of TEMPUR-Canada, its licensors and its Authorized Dealers and is referred to as "TEMPUR-Canada Proprietary Material" unless otherwise noted. TEMPUR-Canada Proprietary Material is protected by the laws of Canada and other countries throughout the world and under international treaties. You may not remove any copyright or other proprietary notices from TEMPUR-Canada Proprietary Material. You may not display, reproduce, distribute, communicate, perform, modify, transmit, or otherwise use TEMPUR-Canada Proprietary Material in any way for any public or commercial purpose, within the Authorized Dealer policies and/or without the prior and express written consent of TEMPUR-Canada.

Links to Other Sites

This Site contains links to third party Web sites. These links are provided solely for your convenience. TEMPUR-Canada and its affiliates do not endorse the content of any such third party Web site, have not reviewed all material linked to any such site, and are not responsible for the content of any such site. Your accessing and viewing of any such third party site is conducted at your own risk.

General

TEMPUR-Canada makes no claims that the content of this Site is appropriate or may be downloaded outside of Canada and the United States. If you access this Site from outside of the Canada and the U.S., you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located. References to a particular product or service do not imply that TEMPUR-Canada and its affiliates intend to make such products or services available in all countries. If any provision of the Terms is found to be invalid by any court having competent jurisdiction, the invalidity of any such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any provision of the Terms shall be deemed a further or continuing waiver of any such provision or any other provision.

Disclaimer of Warranties

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS SITE WILL BE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL MATERIAL, OR THAT INFORMATION ON THIS SITE WILL BE COMPLETE, ACCURATE OR TIMELY. TEMPUR-CANADA RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME, WITH OR WITHOUT NOTICE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER TEMPUR-CANADA NOR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL OFFICERS, DIRECTORS, EMPLOYEES, DEALERS AND AGENTS, SHALL BE LIABLE TO YOU FOR ANY DAMAGES, HARM OR INJURY WHATSOEVER (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, LOST PROFITS, AND DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER OR NOT TEMPUR CANADA OR ANY OF ITS AFFILIATES HAS BEEN NEGLIGENT OR HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless TEMPUR-Canada and its directors, officers, employees, agents and affiliates from and against any claim or demand made by any third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable attorney's fees), arising out of or relating to your browsing or use of this Site, content you transmit to this Site, your violation of any rights of another, or your breach of the Terms.

Privacy Policy

Types of Information Collected

This Site may collect and use, from time to time, information about its users. This information falls into a number of different categories:

The Site automatically collects certain user information which is customarily logged by Internet servers, such as the Internet Protocol ("IP") address through which you accessed the Internet, the date and time you access this Site and the Internet address of the Web site from which you linked directly to this Site ("User IP Information").

The Site may use "Cookies", which are small data files that are placed on an individual user's computer hard drive to enable the user to more easily communicate and interact with the Site.

The Site may collect user information, which does not allow identification of you, such as buying preferences or age; this information is also known as demographic or profile data ("User Anonymous Information"). User Anonymous Information is generally provided to TEMPUR-Canada by users on an optional basis.

The Site may collect user information, which personally identifies you, such as your name, address, phone number and e-mail address ("Personal Information"). The collection of Personal Information may be through various means, such as submissions, contests and communications to the Site, orders placed by you for goods or services available from the Site, and postings to bulletin or chat areas, if any. We may aggregate or anonymize Personal Information (by removing information which could identify an individual user) in order to create User Anonymous Information.

Why and How the Site Collects and Uses Information

The reason for the collection of information on the Site and uses, which are made of the information, which is collected, depends on the nature of the information.

User IP information is used to measure the number of visitors to the different sections of this Site, and to help us make this Site more useful to the users. For example, we collect your IP address to help diagnose problems with our server, and to administer our Site. An IP address is a number that is assigned to your computer when you use the Internet. Your IP address does not contain any personally identifiable information about you. Your IP address is also used to help identify you during a particular session and to gather broad demographic data.

The Site uses Cookies to customize your experience on the Site. We also use Cookies to record how many times a user has visited our Site and what pages the user has accessed. You may, however, disallow receiving Cookies at any time through your web browser. It is not our intention to use Cookies to retrieve information that is unrelated to our Site or your interaction with our Site.

We may use User IP Information, Cookie information, or User Anonymous Information collected on and through this Site to improve our Site, to personalize your experience on the Site, and to send you productinformation, offers and promotions that may be of interest to you. We may share this information with others, such as advertisers interested in advertising on the Site. This information may also be used for statistical purposes or to evaluate what portions of the Site are more popular than others, determine where visitors came from, and where they go, and how long visitors stay on a particular page, or on the Site in general.

TEMPUR-Canada and its affiliates will use Personal Information collected on and through this Site only for the purposes described in this Privacy Policy or for additional purposes which are disclosed at the time the Personal Information is collected. For example, Personal Information collected on and through the Site may be used to send you information about updates to our Site or about products and services offered from time to time by TEMPUR-Canada and its Authorized Dealers and or affiliates.

In certain limited circumstances, we may be required or permitted by law to disclose your Personal Information, such as to law enforcement agencies or courts in the course of a criminal investigations or prosecutions.

Sharing of Personal Information

TEMPUR-Canada may disclose Personal Information to business partners, Authorized Dealers, and other third parties that we believe may provide offers that may be of interest to you. The use of your Personal Information by such entities shall be subject to the privacy policies of such entities. Personal Information collected on the Site belongs to TEMPUR-Canada and may be transferred to a purchaser of all or some of TEMPUR-Canada's assets or business.

In order to make the Site more enjoyable for visitors, TEMPUR-Canada constantly strives to learn how users use the Site. As a result, Personal Information may be transferred to one or more third parties, such as a data processor, fulfillment agency, or advertising agency, for processing relating to these purposes.

Opting Out

You always have the ability to refuse to consent to the collection, use, or disclosure of your Personal Information. In order to do so, you should contact TEMPUR-Canada as provided below. In some circumstances (such as contests, promotions or the purchase of goods or services), opting out may prevent you from accessing or using certain features or portions of this Site or from otherwise interacting with TEMPUR-Canada or the Site.with you.

Access to Personal Information

Upon request, TEMPUR-Canada will provide an individual with details of any Personal Information about him or her, which TEMPUR-Canada has in its possession or control.

Contacting TEMPUR-Canada

Write:
TEMPUR-Canada
Attn: Customer Service Manager
145 Milner Ave
Scarborough, Ontario M1S 3R1
Call: 1-800-887-4321
Email: inquiries@tempurpedic.com

Keeping Your Personal Information Secure

TEMPUR-Canada uses commercially reasonable steps to keep any Personal Information, which it collects about you, secure from unauthorized access, deletion or alteration, but, as with any communication of Personal Information over the Internet, there is a risk that data will be intercepted or otherwise accessed by third parties. Except as otherwise expressly provided by applicable law. TEMPUR-Canada will have no liability to you if your Personal Information is intercepted or otherwise accessed by third parties. You should take precautions to ensure that your Personal Information is not accessed by others; such precautions include the use of passwords and encryption and turning off your computer when you are finished using it.

International Transfers

Tempur Sealy complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Tempur Sealy has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Tempur Sealy's certification, please visit www.export.gov/safeharbor/

Your Acceptance of this Privacy Policy

By using this Site, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our Site.

©TEMPUR-Canada. All rights reserved. The Privacy Policy stated above also operates to the benefit of TEMPUR-Canada; directors, officers, employees, authorized dealers, affiliates, successors, assigns, or other representatives.