SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of
Service, you represent that you are at least the age of majority in your
state or province of residence, or that you are the age of majority in
your state or province of residence and you have given us your consent
to allow any of your minor dependents to use this site.
You may not use our products for any
illegal or unauthorized purpose, nor may you, in the use of the Service,
violate any laws in your jurisdiction (including but not limited to
copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not
including credit card information) may be transferred unencrypted and
involve (a) transmissions over various networks and (b) changes to
conform and adapt to technical requirements of connecting networks or
devices. Credit card information is always encrypted during transfer
over networks.
You agree not to reproduce,
duplicate, copy, sell, resell or exploit any portion of the Service, use
of the Service, or access to the Service or any contact on the website
through which the service is provided, without expressed written
permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information
made available on this site is not accurate, complete, or current. The
material on this site is provided for general information only. It
should not be relied upon or used as the sole basis for making decisions
without consulting primary, more accurate, more complete, or more
timely information sources. Any reliance on the material on this site is
at your own risk.
This site may contain certain
historical information. Historical information, necessarily, is not
current and is provided for your reference only. We reserve the right to
modify this site’s contents at any time, but we have no obligation to
update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any
third-party for any modification, price change, suspension, or
discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be
available exclusively online through the website. According to our
Return Policy, these products or services may have limited quantities
and are subject to return or exchange only.
We have made every effort to display
the colors and images of our products that appear at the store as
accurately as possible. We cannot guarantee that your computer monitor’s
display of any color will be accurate.
We reserve the right but are not
obligated to limit our products or Services’ sales to any person,
geographic region or jurisdiction. We may exercise this right on a
case-by-case basis. We reserve the right to limit the quantities of any
products or services that we offer. All descriptions of products or
product pricing are subject to change at any time without notice, at the
sole discretion of us. We reserve the right to discontinue any product
at any time. Any offer for any product or service made on this site is
void where prohibited.
We do not warrant that the quality of
any products, services, information, or other material purchased or
obtained by you will meet your expectations or that any errors in the
Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any
order you place with us. In our sole discretion, we may limit or cancel
quantities purchased per person, per household, or order. These
restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing
and/or shipping address. If we make a change to or cancel an order, we
may notify you by contacting the e‑mail and/or billing address/phone
number provided when the order was made. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers, or distributors.
You agree to provide current,
complete, and accurate purchase and account information for all
purchases made at our store. You agree to promptly update your account
and other information, including your email address and credit card
numbers, and expiration dates so that we can complete your transactions
and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we
provide access to such tools ”as is” and “as available” without any
warranties, representations, or conditions of any kind and any
endorsement. We shall have no liability whatsoever arising from or
relating to your use of optional third-party tools.
Any use of optional tools offered
through the site is entirely at your own risk and discretion. You should
ensure that you are familiar with and approve of the terms on which
tools are provided by the relevant third-party provider(s).
In the future, we may also offer new
services and/or features through the website (including the release of
new tools and resources). Such new features and/or services shall also
be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may
direct you to third-party websites that are not affiliated with us. We
are not responsible for examining or evaluating the content or accuracy
and we do not warrant. We will not have any liability or responsibility
for any third-party materials or websites or any other materials,
products, or services of third parties.
We are not liable for any harm or
damages related to the purchase or use of goods, services, resources,
content, or any other transactions made in connection with any
third-party websites. Please review the third-party’s policies and
practices carefully and make sure you understand them before you engage
in any transaction. Complaints, claims, concerns, or questions regarding
third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If at our request, you send certain
specific submissions (for example contest entries) or without a request
from us you send creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or otherwise
(collectively, ‘comments’), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall
be under no obligation (1) to maintain any comments in confidence; (2)
to pay compensation for any comments; or (3) to respond to any
comments.
We may, but have no obligation to,
monitor, edit or remove content that we determine in our sole discretion
are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s
intellectual property or these Terms of Service.
You agree that your comments will not
violate any right of any third-party, including copyright, trademark,
privacy, personality, or another personal or proprietary right. You
further agree that your comments will not contain libelous or otherwise
unlawful, abusive, or obscene material or contain any computer virus or
other malware that could in any way affect the operation of the Service
or any related website. You may not use a false e‑mail address, pretend
to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or
any third-party.
SECTION 10 – PERSONAL INFORMATION
Our Privacy Policy governs your
submission of personal information through the store. The link to our
privacy policy can be found on the bottom footer of this website.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information
on our site or in the Service that contains typographical errors,
inaccuracies, or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times,
and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel
orders if any information in the Service or on any related website is
inaccurate at any time without prior notice (including after you have
submitted your order).
We undertake no obligation to update,
amend, or clarify information in the Service or on any related website,
including without limitation, pricing information, except as required
by law. No specified update or refresh date applied in the Service or on
any related website should be taken to indicate that all information in
the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as
set forth in the Terms of Service, you are prohibited from using the
site or its content: (a) for any unlawful purpose; (b) to solicit others
to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or
local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to
harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity,
race, age, national origin, or disability; (f) to submit false or
misleading information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will
affect the functionality or operation of the Service or of any related
website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to spam, phish, pharm, pretext,
spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k)
to interfere with or circumvent the security features of the Service or
any related website, other websites, or the Internet. We reserve the
right to terminate your use of the Service or any related website for
violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we
may remove the service for indefinite periods of time or cancel the
service at any time, without notice to you.
You expressly agree that your use of,
or inability to use, the service is at your sole risk. The service and
all products and services delivered to you through the service are
(except as expressly stated by us) provided ‘as is’ and ‘as available’
for your use, without any representation, warranties, or conditions of
any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.
In no case shall COMFYBASE LLC/comfybase.com,
our directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers, or licensors be liable for any
injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in contract,
tort (including negligence), strict liability or otherwise, arising from
your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the
service or any product, including, but not limited to, any errors or
omissions in any content, or any loss or damage of any kind incurred as a
result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do
not allow the exclusion or limitation of liability for consequential or
incidental damages, our liability shall be limited to the maximum extent
permitted by law in such states or jurisdictions.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless COMFYBASE LLC/comfybase.com and
our parent, subsidiaries, affiliates, partners, officers, directors,
agents, contractors, licensors, service providers, subcontractors,
suppliers, interns, and employees, harmless from any claim or demand,
including reasonable attorneys’ fees, made by any third party due to or
arising out of your breach of these Terms of Service or the documents
they incorporate by reference or your violation of any law or the rights
of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of
these Terms of Service is determined to be unlawful, void, or
unenforceable, such provision shall nonetheless be enforceable to the
fullest extent permitted by applicable law, and the unenforceable
portion shall be deemed to be severed from these Terms of Service, such
determination shall not affect the validity and enforceability of any
other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of
the parties incurred prior to the termination date shall survive the
termination of this agreement for all purposes.
These Terms of Service are effective
unless and until terminated by either you or us. You may terminate these
Terms of Service at any time by notifying us that you no longer wish to
use our Services, or when you cease using our site.
If in our sole judgment you fail, or
we suspect that you have failed, to comply with any term or provision of
these Terms of Service, we also may terminate this agreement at any
time without notice and you will remain liable for all amounts due up to
and including the date of termination; and/or accordingly may deny you
access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or
enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service and any
policies or operating rules posted by us on this site or in respect to
The Service constitutes the entire agreement and understanding between
you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications, and proposals, whether oral
or written, between you and us (including, but not limited to, any prior
versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole
discretion, to update, change, or replace any part of these Terms of
Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your
continued use of or access to our website or the Service following the
posting of any changes to these Terms of Service constitutes acceptance
of those changes.
SECTION 19 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at office@comfybase.com, and/or through our Contact Us page.