- The Websites act as online marketplaces for You to find and transact with Sellers (“Sellers”), showing products or services on the Service or otherwise associated with the Service.
- The Company does not sell any products or provide any services (except the Service) and is not a party to any transaction You may make with any seller. No endorsement of any third-party products or services is expressed or implied by any information, material or content referred to or included on the Website or the Service. The Company does not have any responsibility for, or liability related to, any products and services listed on the Websites. You should direct any questions, complaints or claims related to any product or service to the appropriate seller or provider.
- The Company has no control over and does not warrant in any way that prices, shipping costs, taxes, products or descriptions provided by sellers are accurate, complete, reliable, current or error-free. Website content is provided for informational purposes only and The Company shall have no liability for inaccuracy or incompleteness in product or service content, user ratings or commentary, or other content on the Website.
- The Company is not liable for any delays, inaccuracies, fraud, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the Services. Any information on the Websites can change without notice.
- The Company is not a party to any transactions between You and the Sellers.
- Sellers direct buyers to the seller’s website for transaction processing, or sellers provide buyers with sellers’ contact information to complete a transaction. The Company never collects credit card information from buyers for transactions conducted through these methods.
- In so far as permitted by law, if You have a dispute with any Seller or any third party, You release The Company (and its subsidiaries, affiliates, and each of their respective directors, officers, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
3. The Company may provide links to external websites. The Company have no obligation to review mattress sites linked to the Website, do not control or endorse, and are not responsible for the availability of, these external websites or resources or for any content, advertising, products, or other materials on r available from such external websites or resources.
- All of the material included on the Website or provided in the Service, including but not limited to trademarks, text, graphics, logos, service marks, trade dress and copyrights (collectively, the “Content”), is the property of The Company, and other parties as Sellers.
- The overall design and layout of the Website constitutes the exclusive trade dress of The Company, and is protected pursuant to trademark laws. Your use of the Service and the Content does not transfer to You any ownership or other rights in the Service or the Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.
5. Your use of the Service must be lawful and consistent with the security and reliability of the Service and the World Wide Web.
6. In addition, the following rules apply to your use of the Service:
- You certify to The Company that You are of the age of majority within your province of residence and that You are able to form legally binding transactions.
- You assume full responsibility for the use of the Service.
- Your use of the Service is subject to all applicable local, provincial, federal and international laws and regulations. Your conduct is subject to Internet regulations, policies and procedures.
- You expressly agree that use of the service is at your own risk.
- The company provides the service on an “AS IS” BASIS.
- To the fullest extent permitted by law, the company and its services expressly disclaim all representations and warranties, terms and conditions of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose.
- ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS DIRECTLY OR INDIRECTLY FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
- While The Company takes reasonable steps to safeguard and to prevent unauthorized access to your information and Registration Data, The Company cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, term, condition or representation, express, implied, or otherwise, that we will prevent unauthorized access to your private information.
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER THE COMPANY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
- NOTHING IN THIS AGREEMENT SHALL EXCLUDE OUR LIABILITY FOR:
- FRAUD OR FRAUDULENT MISREPRESENTATION; OR
- AVAILABILITY TO THE EXTENT THE SAME MAY NOT BE EXCLUDED.
- NOTHING IN THIS AGREEMENT SHALL EXCLUDE OUR LIABILITY FOR:
- The Website is venue that, among other things, allow sellers to post product and service information for review by interested consumers on sellers, products and services.
- The Company does not control and has no responsibility for content that appears on, or products or services sold or offered on or through, third party websites that may be accessed through the Websites, and You should contact third-party sites directly to resolve any disputes that You may have with them.
- The Agreement comprises the entire agreement between You and The Company, and supersedes all prior agreements regarding the subject matter contained herein.
- This Agreement shall be governed by and construed in accordance with the laws of the state of Israel and shall be governed by the non-exclusive jurisdiction of the courts located in Tel Aviv – Yafo, Israel, and you consent to jurisdiction and venue in such courts.
- If any provision(s) of the Agreement is held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
- The Company’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Company in writing.