TERMS OF USE

Effective: June 1st, 2019

By accessing our website, you, the user, agree to the terms and conditions Horizontal sets out here. These terms and conditions may change at our discretion any time, and without notice. All orders and purchases made through this site are also governed by these terms and conditions.

Use of and orders placed on this website are governed by the laws and the courts of the province of British Columbia, and by the applicable laws of Canada.

We may change or update information on this website, or correct errors or inaccuracies at any time without notice, including prices and item availability. All sizes and weights quoted are approximate. For clients in Canada, all prices listed are in Canadian dollars and all charges will be processed in Canadian dollars. For clients in the United States, all prices are listed in U.S. dollars and all charges will be processed in U.S. dollars. All prices in this website are subject to confirmation. You agree to pay all charges payable for your order. We reserve the right to limit the quantity of items that you may buy. We also reserve the right to cancel orders at our discretion.

We will use commercially reasonable efforts to deliver items as quickly as possible, and within the time estimated. However, we are not responsible for delivery delays beyond our control. We will endeavour to notify users if delivery is delayed. All items are delivered by a third party, and delivery is governed by their shipping contracts. We reserve the right not to ship to certain addresses.

This is a legal agreement between you (referenced herein with “you”, “your,” or “user”) and Horizontal. As a condition to using the Horizontal’s electronic platforms and its other means of commercial activity, you agree to be legally bound by all the terms and conditions contained in these Terms of Use (which we reference herein collectively as the “Agreement”). Please read this entire Agreement carefully. Horizontal is willing to allow you access to and use of the Horizontal electronic platforms and its related information, services, software functionality, or materials only on the condition that you accept and agree to all of the terms and conditions contained in this agreement. If you do not agree with this agreement, you are not granted permission to access or otherwise use the Horizontal electronic platforms and are instructed to exit immediately.

By downloading, accessing, or using Horizontal’s electronic platforms, you also represent that you are at least 18 years old or that you are at least the minimum legal age to enter into an enforceable contract in the jurisdiction in which you are using or accessing Horizontal’s electronic platforms. In addition, when you use any future version of the Horizontal’s electronic platforms or any changes made a part of any current version, you acknowledge and agree that you also will remain subject to this Agreement (as amended). Please print a current copy of this Agreement for your records.

Please also note that Horizontal reserves the right to change the terms and conditions of this Agreement by posting a revised Agreement at this location, or by mailing or e-mailing notice thereof to you. Your continued use of Horizontal’s electronic platforms following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this Agreement. Accordingly, please review the Agreement found at this location on a periodic basis.

COPYRIGHT

The Horizontal electronic platforms are Copyright © 2016- 2019, Horizontal Sleep Ltd. All rights reserved.

All text, images, photographs, graphics, videos, user interface, domain names and all other content provided on the Horizontal electronic platforms, including the “look and feel” of such content, and the design, selection, coordination, and arrangement of such content, are owned by Horizontal to the full extent provided under Canadian Copyright Law and the United States Copyright Act and all international copyright laws, and are therefore copyrighted by us. Horizontal also holds rights in the contents on the Horizontal electronic platforms as a compilation or collective work. Any downloadable or printable programs, information, or materials available through the Horizontal electronic platforms and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by Horizontal.

Nothing stated or implied on the Horizontal electronic platforms confers on you any further license or right under any copyright of Horizontal or any third party. The Horizontal electronic platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Horizontal electronic platforms, or use the contents of the Horizontal electronic platforms in litigation, or for any commercial or promotional purposes, without the express written consent of Horizontal or its lawful successors and assigns. For usage permission beyond what is set forth herein, please contact us.

TRADEMARKS

Horizontal, Horizontal.eco, Horizontal Sleep and all logos, word marks, symbols, icons, and colours used to identify or represent Horizontal on this site are registered and unregistered trademarks of Horizontal Sleep Limited. This includes our programs, products, and services, including all logos, page headers, icons, designs, and stylistic attributes that constitute Horizontal’s trade dress, whether or not appearing in large print or with an accompanying symbol, are proprietary trademarks of Horizontal and are protected from reproduction, imitation, dilution, or confusing, or misleading uses under national and international trademark and copyright laws. Any use of such marks without the express written permission of Horizontal is strictly prohibited, and nothing stated or implied on the Horizontal electronic platforms confers on you any license or right under any trademark of Horizontal or any third party.

USING LINKED CONTENT

The Horizontal electronic platforms may contain hyperlinks (“links”) to other websites. All of these are independent from Horizontal and we have no control over, and no liability for their contents or use. You decide to access them at your own risk.

USER PROVIDED CONTENT AND SUBMISSIONS

By providing content, users warrant that they have full right and authority to submit that content, and that they have sole copyright and proprietary right over that content. Users may not contribute, post or transmit unlawful, defamatory, nasty, or threatening material, that is hurtful, malicious, or which may constitute or encourage criminal offences, or violation of law. We reserve the right not to publish, and to remove any content we deem inappropriate for any reason whatsoever.

Horizontal welcome submissions and suggestions about our products, programs, services or with respect to how to improve Horizontal’s electronic platforms. By transmitting any such suggestions, information, material, or other content (collectively, “submissions”) to Horizontal, you represent and warrant that your submission does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Horizontal and enable Horizontal to use such submissions. In addition, any submissions received through the Horizontal electronic platforms will be deemed to include a royalty-free, perpetual, irrevocable, transferable, nonexclusive right and license for Horizontal to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

OUR LIABILITY

This website is accessed and used by you at your own risk. Though reasonable efforts have been made to ensure the website is current and contains no inaccuracies or errors, no guarantees are made that the website’s content will be error-free, accurate, complete or current at all or any times. When a mistake is noticed, we will correct it as soon as possible and make reasonable efforts to notify affected users. This may mean that orders not yet shipped may be delayed or cancelled.

We are not responsible for lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable connections, failed, incomplete, garbled, or delayed transmissions, online failures, hardware, software, or other technical malfunctions or disturbances, whether or not these circumstances affect, disrupt, or corrupt communications.

Horizontal and our directors and employees are not liable for any damages arising out of, or related to access to, or use of our site, or sites we link to, whether or not these damages are foreseeable and whether or not we have been advised of the possibility, including, without limitation, direct, indirect, special, consequential, incidental or punitive damages.

This agreement between Horizontal.eco, Horizontal Sleep Limited, and you, the user, supersedes all prior agreements and understandings pertaining to this subject matter.

OTHER TERMS AND CONDITIONS

Additional notices, terms, and conditions apply to the purchase, return, or delivery of products. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this Agreement and other notices, terms, and conditions posted to Horizontal’s electronic platforms, Horizontal shall resolve any conflict in good faith in its sole discretion, but the latter terms shall generally control with respect to your use or purchase of that product.

PRIVACY

Your consent to the use of personal identifiable information(PII) you provide to Horizontal is outlined in our Privacy Policy.