Welcome to comforteasebed.com, a website owned and operated by Comforteasebed LLC (the “Company”), doing business as the Comforteasebed LLC.
Please read these Terms of Use carefully. By accessing or using any of the Company’s Internet properties including, without limitation, www.comforteasebed.com, mobile sites, mobile applications, social media sites, text messages, e-mail, any other program, activity, technology application, or service that we offer (collectively referred to as the “Sites”) you agree to comply with and be bound by these Terms of Use (“Terms of Use”). These Terms of Use, together with our Privacy Policy, and all other documents referenced herein, represent the entire agreement between you and the Company and supersede any prior statements or representations. If you do not agree to the Terms of Use, you must immediately terminate use of the Sites.
User Representations/Responsibilities
You must be 18 years or older to use this Site. When you access the Site, you represent and warrant that you are 18 years or older and that you have the ability and authority to enter into contracts in the jurisdiction in which you reside.
To access the Sites, you may be required to create a unique username and password. You are responsible for maintaining the security and confidentiality of your username and password. Your username and password are personal to you, and you may not allow any third party to use them. We are not liable for any harm caused by the theft, misappropriation, disclosure, or unauthorized use of your username or password. Contact us immediately if you become aware of or believe there is or may have been any unauthorized use of your username or password.
Product Descriptions/Prices
We attempt to make the information provided as accurate as possible. Prices displayed on the Sites may differ from prices that are available in stores or catalogs. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. If the information on our Sites contains an error relating to product descriptions, pricing, availability or any other matter, please contact us and we will work with you to cancel or return your order as your sole remedy.
Intellectual Property Rights
The trademarks, service marks, logos, brand names, trade dress, as well as other content such as text, photographs, audio and video material, and artwork (collectively, the “Content”) on the Sites are the property of the Company, its affiliates, licensors or other third parties and are protected by copyright, trade secret, and trademark law, as well as other law and regulations.
The Content may not be reproduced, duplicated, copied, or otherwise used for any commercial purpose without the prior express written consent of the Company or the owner of the Content if the Company is not the owner. You may not modify or change the Content in any way or remove or change any copyright, trademark, or other notice.
No right, title or interest in any downloaded materials is transferred because of any such downloading.
User Generated Content
When you post any content (a “Submission”) to any of the Sites, you represent to the Company that you have all of the necessary legal rights (whether by ownership, license or otherwise) to post the Submission. You may not post any Submission that (i) violates or infringes upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contains defamatory or otherwise unlawful material.
By posting a Submission, you grant the Company a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the Submission, which includes the right for the Company, or any third party the Company designates, to use, copy, publish, distribute, publicly display and perform, and create derivative works of the Submission in any form or media now known or hereinafter developed. Any Submission that you make to any of the Sites may be edited, removed, modified, published, transmitted, and displayed by the Company and you waive any rights you may have in any modified material in any Submission.
You are solely responsible for the content of your Submission. The Company has the right, but not the obligation, to review Submissions and to delete or edit any Submission that the Company deems, in its sole discretion, unacceptable for any reason.
Please include the following information in writing:
1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that has allegedly been infringed;
2) Identification of the copyrighted work that you claim has been infringed;
3) Identification of the material that is claimed to be infringing that is reasonably sufficient (through URL or otherwise) to allow the Company to locate the material on the Site;
4) Your address, telephone number, and email address;
5) A 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;
Any person that knowingly misrepresents that materials are infringing shall be liable to the Company for any damages (including costs and attorneys’ fees) incurred because of removing or disabling access to the alleged infringing material.
If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above.
Privacy
Although the Company has implemented certain security measures, the Company cannot guaranty that the website will be free from unauthorized intrusion or otherwise guaranty the privacy of information of any user. Please read our Privacy Policy carefully for a description of how we use your personal information.
Some of these limitations and waivers may not apply to you due to limits imposed by some jurisdictions on the exclusion of certain warranties or the limitation or exclusion of liability for damages. To the extent that applicable law limits our ability to disclaim any warranty or limit our liability, our disclaimer of warranties and the extent of our liability will be the maximum permitted under such law.
Notice for New Jersey Residents
The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.
Changes to Terms of Use
The Company reserves the right to modify or change these Terms of Use at any time. We will post significant changes to these Terms of Use on this page, which shall be your notice of the change. If you continue to use the Site after the change has been posted, you will be deemed to have agreed to the change. Therefore, we encourage you to check these Terms of Use frequently.
Arbitration
Except for a claim of breach of a party’s obligations regarding Intellectual Property, any dispute between you and us shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitration shall be administered by JAMS, shall take place before a sole arbitrator and shall be conducted in Boston, Massachusetts. Judgment upon the arbitral award may be entered by any court having jurisdiction.
No Waiver of Company Rights
Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
Force Majeure
The Company shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any epidemic or pandemic; any law, order, regulation, ordinance, or requirement of any government or legal body; inability to secure raw materials, transportation, fuel or energy.