The Bedroom Furniture & Mattress Gallery [Southwest Distributing Ltd. dba The Bedroom Furniture & Mattress Gallery] and its successors and assigns (collectively referred to as “BFMG”) make this web site (the “Site”) available to you subject to this Agreement. By using the Site, you agree, without limitation or qualification, to be bound by and to comply with this Agreement. If you do not agree, without limitation or qualification, to be bound by and to comply with this Agreement, discontinue using the Site.
Please note, access to certain services and products available through the Site may require you to agree to further terms and conditions.
The term “you” refers to you, an individual. If you wish to enter into an agreement arising from or relating to the Site not as an individual but as any other form of legal entity, please contact BFMG.
SECTION 1 - LEGAL CAPACITY
1.1 You represent and warrant to and covenant with BFMG that: (i) you have the capacity to enter into a legal agreement in the province, state or country in which you reside; and (ii) your use of the Site will not violate any applicable law or regulation in the province, state or country in which you reside.
SECTION 2 - CONTENT
2.1 The contents of the Site, including any and all information, content, links, reports, data, databases, tools, e-mails, code, photographs, pictures, video, files, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos, trade names, or other materials contained on or in the Site is the “Content”.
2.2 All Content is provided for informational purposes only. Your reliance on any of the Content on the Site is solely at your own risk. BFMG does not recommend or endorse any specific products, services, organizations, opinions or other information that may be contained on or through the Site or on any third party website.
2.3 BFMG and its licensors and suppliers retain all right, title and interest in and to the Content. Except as expressly set out in this Agreement, you are not granted any rights in or to the Content.
2.4 You may not modify, copy, publish, re-publish, display, transmit, adapt, assign, license, sell, rent or in any way exploit the Content, without the express prior written permission of BFMG.
2.5 Content accessible on or via the Site may include materials that are offensive or otherwise objectionable to you.
2.6 BFMG assumes no obligation to update the Content. BFMG reserves the right to change any and all Content at any time without notice.
SECTION 3 - THIRD PARTY CONTENT AND ADVERTISERS
3.2 The Site offers content, advertising, products, services and other materials from third parties. You acknowledge and agree that BFMG is not responsible for the availability of such third party content, advertising, products, services or other materials, and BFMG does not endorse and is not responsible or liable for any third party content, advertising, products, services, or other materials on or available from the Site. BFMG is not responsible for the content of any sites framed within the Site. You further acknowledge and agree that BFMG will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third party content, advertising, products, services or other materials available on or through any the Site.
3.3 Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties accessible on or via the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or other third parties. You agree that BFMG will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or other third parties on the Site. Please note, if you provide any information to a third party (e.g., your contact information or credit card information), such information is collected by the third party and not by BFMG, even if you made a purchase from a third party website that was linked from or framed within the Site.
SECTION 4 - USE OF THE SITE
4.1 You may use the Site for your own personal use.
4.2 You may print a single printed copy of individual screens appearing as part of the Site solely for your personal use and records, provided that any marks, logos or other legends that appear on the screens are not removed from the printed copies of the screens.
4.3 If BFMG believes that you have breached this Agreement, BFMG reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site and terminate any licenses granted to you pursuant to this Agreement without prior notice and without liability.
SECTION 5 - ONLINE COMMERCE
5.1 There is an online store that forms part of the Site (the “Store”).
5.2 It is possible to purchase certain products and services from the Store (“Products and Services”). In order to be able to place orders for Products and Services, you must first register with BFMG and the Site by completing the online registration form. Upon successfully registering, you will be given a username and a password that you will require in order to place orders for Products and Services. In registering, you represent and warrant that any information you provide about yourself is true and that you will maintain and promptly update such information to keep it true and current.
5.3 You are responsible for all activities conducted under your username and password, and you will take all necessary steps to ensure that no one other than you uses your username and password and that your password is kept confidential. If you have any reason to believe that your password has become known to or been used by any other person, you will inform BFMG immediately.
5.4 BFMG may change your username or password at any time, for security reasons, and will notify you when it does so.
5.5 BFMG, in its sole discretion, may: (i) change the Products and Services available in the Store from time to time and without notice; and (ii) change the price of any Products and Services from time to time and without notice. Your ability to purchase any Products and Services is at all times subject to the availability of the Products or Services that you wish to purchase. If the purchase or sale of any Products or Services is prohibited by law, that purchase or sale is void.
5.6 When ordering Products and Services from the Site, you will be asked to provide information including personal information such as your name, address, telephone number, e-mail address, credit card information and shipping address in order to facilitate the purchase. In such circumstances, you agree to provide an accurate and complete response to any such request.
5.7 A submission of an order by you to BFMG shall be deemed to constitute an offer to purchase. This offer to purchase shall remain open for a reasonable period of time, unless BFMG agrees otherwise. Your receipt of an order confirmation (electronic or otherwise) does not constitute confirmation of BFMG’s offer to sell, nor does it signify BFMG’s acceptance of your order. Your order will be deemed to be accepted by BFMG only upon the shipment of the ordered Products and Services. BFMG reserves the right, in its sole discretion and without any prior notice to you, to accept an order in part only and provide you with less than the quantity you ordered for any item. If BFMG exercises this right, you will not be charged for any items that are not provided.
5.8 BFMG may, in its sole discretion, at any time decline any order for any reason, including without limitation for any reason relating to the listing of Products and Services at an incorrect price as a result of a typographical error or an error in pricing information.
SECTION 6 - FEEDBACK
6.1 From time to time, you may choose to ask, make or provide questions, suggestions, ideas, comments, recommendations, feedback, requests or other information relating to the Site (“Feedback”) to BFMG. By providing any Feedback to BFMG, you: (i) agree that all the Feedback is not confidential; and (ii) assign all right, title and interest in and to the Feedback to BFMG including all intellectual property rights. BFMG shall be entitled to the unrestricted use and dissemination of any Feedback for any purpose (commercial or otherwise) without any acknowledgment of or compensation to you.
SECTION 7 - WARRANTIES
7.1 THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
7.2 WITHOUT LIMITING SECTION 7.1, BFMG SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS WITH RESPECT TO THE SITE, ANY CONTENT OR OTHERWISE ARISING FROM THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE SITE OR CONTENT; or (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7.3 Without limiting sections 7.1 and 7.2, BFMG does not warrant that defects or errors in the Content will be corrected.
7.4 Without limiting sections 7.1 and 7.2, BFMG does not warrant that communications made using any tools available through the Site will be absolutely secure.
7.5 All exclusions of responsibility or liability set out in this Agreement are made to the fullest extent permitted by law.
7.6 Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on how long an implied warranty may last. If any jurisdiction having applicability to this Agreement does not permit any such exclusion or limitation, BFMG’s total liability to you in connection with any breach of such a warranty will be subject to section 8.
SECTION 8 - LIMITATION OF LIABILITY
8.1 IN NO EVENT WILL BFMG, OR ITS REPRESENTATIVES OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THE SITE, ANY CONTENT, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUES, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS DATA, EVEN IF BFMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY YOU OR ANY OTHER PERSON.
8.2 IN NO EVENT WILL BFMG, OR ITS REPRESENTATIVES OR SUPPLIERS, BE LIABLE TO YOU OR ANY PERSON WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. FURTHERMORE, BFMG EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE SITE OR ANY SPONSOR OR ADVERTISER OF THE SITE.
8.3 WITHOUT LIMITING SECTIONS 8.1 or 8.2, THE LIMIT ON THE TOTAL CUMULATIVE LIABILITY OF BFMG (INCLUDING ITS REPRESENTATIVES AND SUPPLIERS) TO YOU OR ANY PERSON, FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SITE, ANY CONTENT, OR THIS AGREEMENT, WILL NOT EXCEED $10.00.
8.4 The limitations in section 8.1, 8.2 and 8.3 will apply regardless of the causes or circumstances giving rise to the claim, even if such claim is based on breach of contract, negligence or other tort, and will survive a fundamental breach or failure of essential purpose of any limited remedy or this Agreement.
8.5 Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to this Agreement does not permit any such exclusion or limitation, BFMG’s total liability to you in connection with any incidental, special or consequential damages will be limited by section 8.3.
8.6 You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising from or relating to the Site, any Content, or this Agreement must be filed within one year after such claim or cause of action arises or it will be permanently barred.
SECTION 9 - INDEMNITY
9.1 You agree to indemnify BFMG and its representatives and suppliers and hold them harmless from any and all claims and expenses, including attorney's fees, arising from or relating to: (i) your use or misuse of the Site or any Content; (ii) any person's use of any account or password
9.2 you maintain for any areas of the Site, regardless of whether such use is authorized by you; (iii) any breach by you of any of this Agreement; and (iv) any breach by you of any law or regulation or any rights of any third party.
SECTION 10 - INTELLECTUAL PROPERTY INFRINGEMENT
10.1 It is the policy of BFMG to investigate and respond to claims of intellectual property infringement.
10.2 To the extent that any jurisdiction applicable to this Agreement has a notice and take-down scheme like the one set out in the United States' Digital Millennium Copyright Act, upon receipt of any notice alleging infringement that complies with such a scheme, BFMG will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. BFMG may attempt to contact the person who has posted such material in order to give that person an opportunity to respond to the notification, although BFMG makes no promise to do so. Any and all counter notifications submitted by that person will be furnished to the complaining party. In all circumstances, BFMG will give the complaining party an opportunity to seek judicial relief in accordance with any applicable laws before BFMG replaces or restores access to any material as a result of any counter notification.
10.3 Notices of claimed infringement should be directed to:
The Bedroom Furniture & Mattress Gallery
1040 Wharncliffe Road South
London, ON N6L 1H2
10.4 You agree not to and shall not permit or assist any third party to adapt, translate, modify, decompile, disassemble, or reverse engineer any aspect of the Site or any software or technology forming part of or used in connection with the Site.
10.5 Names, phrases, words, titles, logos, icons, graphics, images or designs, used throughout the Site and the Content may be trade names, registered or unregistered trademarks or services marks (the “Marks”) of BFMG, its licensors, or other entities and individuals. The Marks are protected by Canadian and international trade-mark and other laws. Any use of any of the Marks without the express consent of the owner of the Mark is strictly prohibited.
SECTION 11 - PRIVACY
11.3 BFMG reserves the right to communicate with you regarding your use of the Site. You consent to BFMG’s use of any contact information that you provide to BFMG in doing so. The content included in any such communication is deemed to be Content.
SECTION 12 - CHANGES
12.1 BFMG may change this Agreement from time to time and at any time. BFMG will post any changes to this page. BFMG recommends periodically checking this page for changes to the Agreement.
12.2 BFMG reserves the right, in its sole discretion, to change or modify the Site from time to time including but not limited to adding or removing functionality or features or changing its name.
SECTION 13 - VIOLATIONS OF THIS AGREEMENT
13.1 Should you violate these terms and conditions or any other rights of BFMG, BFMG reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, restricting, suspending or terminating your access to all or any part of the Site.
The Bedroom Furniture & Mattress Gallery
1040 Wharncliffe Road South
London, ON N6L 1H2
SECTION 14 - TERM AND TERMINATION
14.1 This Agreement will continue in effect for as long as you use the Site, unless specifically terminated earlier by BFMG or you. You may terminate this Agreement by instructing BFMG to disable any password for the Site assigned to you.
14.2 Upon the termination or expiration of this Agreement, you will stop using the Site and all Content.
14.3 Those sections which by their nature should survive the termination or expiration of this Agreement will survive termination or expiration, including but not limited to sections 2, 3, 4.3, 5.3, 5.4, 5.5, 5.8, 6.1, 7, 8, 9, 10, 11, 12, 13, 14.2, 14.3 and 15.
SECTION 15 - OTHER
15.1 This Agreement constitutes the complete and exclusive agreement between you and BFMG with respect to its subject matter, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding its subject matter.
15.2 No term of the Agreement will be deemed to be waived by reason of any previous failure to enforce it. No term of the Agreement may be waived except in a writing signed by the party waiving enforcement.
15.3 Should any provision of this Agreement be held to be invalid by a court of competent jurisdiction, then that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.
15.4 BFMG and you are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between BFMG and you. Neither BFMG nor you will have the power to bind the other or incur obligations on the others behalf without the others prior written consent, except as otherwise expressly provided in this Agreement.
15.5 The Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to the conflict of laws provisions. You agree to attorn to the jurisdiction of the courts of the Province of Ontario for the conduct of any legal proceedings under, or related to, the Agreement. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
15.6 Except as expressly provided otherwise in the Agreement, BFMG will not be liable for any failure or delay in its performance under the Agreement due to any cause beyond its reasonable control.
15.7 BFMG may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not resell, assign, sublicense or otherwise transfer your rights or delegate your duties under this Agreement, either in whole or in part, without the prior written consent of BFMG.
15.8 Any notice or other significant communication given to you pursuant to this Agreement will be in writing, addressed to any email address or address that you provided to BFMG when registering (as updated by you in accordance with section 5.2) and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to BFMG pursuant to this Agreement will be in writing and sent to BFMG at the address then listed on the Site in the Contact Us section by fax or nationally recognized courier. Notices will be deemed to have been received one business day following: (i) email transmission by BFMG to you; (ii) deposit with a globally recognized overnight delivery service, all delivery charges pre-paid; or (iii) transmission if sent by facsimile and receipt confirmed by the facsimile machine used.
15.9 The headings used in this Agreement are for convenience of reference only and have no legal or contractual significance. No provision of this Agreement will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout this Agreement, the term “including” or the phrases “e.g.,” or “for example” have been used to mean “including, without limitation”.
SECTION 16 - CONTACT INFORMATION
16.1 Questions about the Terms of Service should be sent to us at
The Bedroom Furniture & Mattress Gallery
1040 Wharncliffe Road South
London, ON N6L 1H2
BY CONTINUED USE OF OR ACCESS TO OUR SITE, YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY IT WITHOUT QUALIFICATION. IF YOU DISAGREE WITH ANY TERM OR CONDITION OF THIS AGREEMENT, DO NOT ATTEMPT TO LOG IN, DISCONTINUE USING THE SITE AND INSTRUCT BFMG TO DISABLE ANY PASSWORD FOR THE SITE ASSIGNED TO YOU.