This Agreement is between you ("you") and COMFORT LAB ("we," "us") concerning your use of the website we own and operate from which you are accessing this Agreement (“the Site” this includes all content and services offered on or through the Site, and also any successor sites).
1. Acceptance of Terms
By using the Site, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on the Site. We may change the terms that govern your use of our Site.
2. Change in Terms
We may change, move, delete portions of, or add to our Site. We will notify you by email or through a message posted on the Site if we make material changes to the Terms. Your continued use of our Site following any such change constitutes your agreement and affirmative acceptance to follow and be bound by the modified Terms. If you do not agree to or cannot comply with the Terms as modified, you should stop using the Site.
3. Site/Service Rights
In order to accept the Terms and use the Site, you must be at least 18 years of age ("Minimum Age"). The Site not intended for users under the Minimum Age. You hereby affirmatively confirm that
(1) you are at least the Minimum Age in the applicable country;
(2) you have the consent of your parent(s) or guardian(s) to use the Site if you are under 18 years of age;
(3) you have all the applicable rights and authority to grant COMFORT LAB the rights stated in these Terms; and
(4) you have read, understood, and agree to be bound by these Terms.
If you are not at least the Minimum Age, do not have parental consent, ordo not agree to all the terms and conditions of these Terms, you may not use the Site.
You may need to register to use some parts of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us during registration. Your user name and password should be kept confidential and are for your personal use only; you are responsible for any use of your username and password, and you agree to notify us promptly in case of confidentiality breach or unauthorized use of your username and password, or your site account.
5. Changes to the Site
We may change, move, delete portions of, or add to our Site. Your continued use of the Site after such changes will indicate your acceptance of such changes. If you do not agree with the changes, you must stop using the Site.
6. Acceptable Use
You must not use this website in any way that causes, or may causes, damage to the website or impairs the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection to any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or any other malicious computer software.
You must not conduct any manual, systematic, or automated data collection activities (including scraping, data mining, data extraction and data harvesting without limitation) on or in relation to this website without COMFORT LAB’s express written consent.
[You must not use this website to send or transmit any unsolicited commercial communications.]
[You must not use this website for any marketed relating purposes without COMFORT LAB’s express written consent.]
7. Restricted access
We reserve the right to restrict access to certain areas of this website, or indeed this entire website, according to the discretion of COMFORT LAB.
If we provide you with a username and password enabling your access to restricted areas of this website or other content or services, you must ensure that the username and password are kept confidential.
If we provide you with a username and password enabling your access to restricted areas of this website or other content or services, we reserve the right to disable your username and password at COMFORT LAB’s sole discretion without notice or explanation.
8. User Content
In these Terms, “user content” means material (including—without limitation—text, images; audio, video, and audio-visual material) that you submit to this website for whatever purpose.
You grant us worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.
You also grant us the right to sub-license these rights, and the right to bring legal action for infringement on these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action against you or a third party (under any applicable law in each case).
You must not submit any user content to the website that is or has ever been the subject of any legal proceedings, threatened or actual, or other similar complaint.
We reserve the right to edit or remove any material submitted to this website, stored on our servers, hosted, hosted, or published upon this website.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to or the publication of such content on this website.
You are and shall remain solely responsible for any user content you submit to the Site. You agree that we may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your personal identity.
By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that we may use your information for marketing and promotional purposes.
When you publish content or information using the “Public” setting, it means that you are allowing everyone, including other Site users, to access and use said information, and to associate it with you (i.e. your profile picture, your name). We advise that you never reveal any personal information (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified) about yourself or anyone else.
If you do not want to grant us the permission set out on the terms above, please do not submit user content.
If you wish to purchase any products ("Products") made available through and in connection with the Site (each such purchase, a "Transaction"), you may be asked to provide certain information relevant to your Transaction, including without limitation your credit card number, your credit card expiration date, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting this information, you grant to us the right to provide third parties with such information for the purpose of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
10. Communication to You
You agree that we may send electronic mail to you for the purpose of advising you of changes or additions to this Site or the Terms, about any of our products or services, or for such other purpose(s) as we deems appropriate and at the sole discretion of COMFORT LAB.
Any contests or promotions described or posted on or in connection with this Site shall be governed by the rules regulating such events.
12. Product colors
We have made every effort to display with as much accuracy as possible the colors of our products that appear on the Site. Due to the differences in monitor displays of color, however, we cannot guarantee that your monitor's display of any color will be accurate.
13. Our Proprietary Rights
The information and materials made available through and in connection with the Site are and shall remain the sole property of COMFORT LAB, and are protected by copyright, trademark, patent, and/or any other proprietary rights and laws. Subject to your agreement and compliance with these Terms, and solely for the duration you are permitted by us to access and use the Site, you may view one (1) copy of any content on the Site to which we provide you access hereunder on any single computer solely for your personal, non-commercial home use, provided that you uphold all copyright and other proprietary notices. Except through our express authorization in writing in advance, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in part or in whole) on, all or any part of the Site or any materials made available through or in connection with the Site.
All trademarks and service marks on the Site not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us (whether registered or unregistered) may not be used in connection with any product or service is not COMFORT LAB’s, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the COMFORT LAB.
14. Links and Feeds
The Site may provide links to or feeds from other websites and online resources. COMFORT LAB is not responsible for and does not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR ACCESS TO AND USE OF THIRD PARTY WEBSITES, CONTENT, AND RESOURCES IS AT YOUR OWN RISK.
15. Warranties Disclaimer
SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BY YOUR USE OF THE SITE, YOU ACKNOLWEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT COMFORT LAB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
16. Inaccuracy Disclaimer
From time to time there may be information on the Site containing typographical errors, inaccuracies, or omissions related to product descriptions and/or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order), at our sole discretion.
18. Limitations of liability
COMFORT LAB will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or in connection with in any other way, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any loss of business, revenue, income, profits or anticipated savings; loss of contracts or business relationships; loss of goodwill or reputation; or loss or corruption of data or information.
These liability limitations apply even in the case that COMFORT LAB has been expressly advised of the potential loss.
By using this website, you agree that the Terms, exclusions, and liability limitations set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must use this website
20. Unenforceable provisions
If any provision of the terms on this Site is, or is found to be, unenforceable under applicable law, that will not affect the enforce ability of the other provisions of the Terms on this Site.
Excepting you opt-out or for disputes relating to: (1) your or COMFORT LAB's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (2) violations of the “Content Submission” provision above, ("Excluded Disputes"), you agree that all disputes between you and us (whether or not such dispute involves a third party) regarding our relationship with you, including without limitation disputes related to these Term, your use of the Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules of arbitration for consumer-related disputes. You and COMFORT LAB expressly waive trial by jury. Alternatively, you may file a claim in your local "small claims" court, so long as the court’s rules permit, and only if the matter is pending solely in that court. You may only bring claims on your own behalf. Neither you nor COMFORT LAB will take part in a class-action suit or class-wide arbitration for any claims included in these Terms. You also agree not to participate in claims brought in a private attorney general (or in a representative capacity), or consolidated claims involving another person's account, if COMFORT LAB is a party to the proceeding. The Federal Arbitration Act will govern the dispute resolution provision. In the event the American Arbitration Association will not or cannot set a hearing date within one hundred and sixty (160) days of the case being filed, then either you or we can choose to have the arbitration overseen instead by the Judicial Arbitration and Mediation Services. Judgment on the award decided by the arbitrator may be entered in any court with competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or allotments that conflict with our Terms.
YOU MAY ELECT NOT TO ARBITRATE. If you do so, neither you nor COMFORT LAB can expect the other’s participation in the arbitration process. To opt out, you must indicate your intention to do so to COMFORT LAB in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to indicate your intention to opt out:
55 Kempton, Irvine, CA92620
You must include your name and residence address, the email address on your COMFORT LAB account (if any), and a clear written statement that you are electing to opt out of this arbitration agreement.
If the prohibition against class actions and other claims filed on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
23. Breaches of these terms and conditions
Without prejudice to COMFORT LAB’s other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your account or access to the Site, preventing you from accessing the Site, blocking computers that use your IP address from accessing the Site, contacting your internet service provider to request that they prohibit your access to the Site and/or bringing legal action against you.
COMFORT LAB may revise these terms and conditions at any time. Revised Terms will apply to the use of the Site from the date of the publication of the Terms on this Site. Please check the Site regularly to facilitate familiarity with the most current version of the Terms.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without informing you or securing your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under this Agreement.
26. Sever ability
If any court or other competent authority finds any provision of these Terms to be unlawful and/or unenforceable, the other provisions will continue to be lawful and enforceable, so long as they are found to be so. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were omitted, that part will be deemed null and void, and the rest of the provision will continue to be lawful and/or enforceable.
27. Entire agreement
28. Governing Law & Venue
These Terms are governed by and written in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY AND WITHOUT LIMITATION NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any legal action or in equity relating to the arbitration provision of these Terms, the Excluded Disputes or if you opt out of the arbitration agreement, you agree to resolve any disputes with COMFORT LAB exclusively in a state or federal court located in Orange County, California, and to submit to the personal jurisdiction of the courts located in Orange County for litigating disputes.
If any provision of these Terms is held to be unlawful, unenforceable, or void for any reason during arbitration or by a court of competent jurisdiction, then that provision will be deemed omitted from these Terms and will not affect the legality, validity and enforceability of any other provisions. Any failure on our part to maintain or enforce strict accomplishment of any provision in these Terms will not be construed as a waiver of any right or provision. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision. COMFORT LAB reserves the right to change the provision for dispute resolution, but those changes will not apply to any disputes occurring before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions or relationship with us.
The Terms are effective until and unless either you or we terminate them. You may terminate the Terms at any time. COMFORT LAB may also terminate or prohibit access to this Site at any time and may do so immediately without notice, if in our sole discretion you fail to comply with any provision of these Terms. Upon any termination of the Terms by either you or us, you must promptly destroy all Materials (defined above), obtained from this Site (whether downloaded or not), as well as all copies of said Materials, whether made under these Terms or otherwise.
COMFORT LAB is a registered trademark, service mark, and/or trade name of COMFORT LAB. All other trademarks, service marks, and/or trade names included in the Site are the properties of the respective owners. COMFORT LAB disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of these marks may be made without the prior written consent and authorization of COMFORT LAB, except as necessary to accurately identify the products or services of COMFORT LAB
31. Contact Us
55 Kempton, Irvine, CA92620