Terms & Conditions

Last updated: March 1, 2023

Introduction

Welcome to Comfty® Gaming Chair! These Terms and Conditions (“Terms”) govern your use of our website located at comfty.shop (the “Site”) and any related services provided by Comfty® Gaming Chair.

Please read these Terms carefully before accessing or using our Site or services. By accessing or using any part of the Site, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Site. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features, tools, or resources added to the Site will also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our Site and services are intended for users who are at least 18 years old. Any access to or use of the Site or services by anyone under 18 is strictly prohibited and in violation of these Terms.

Key Terms

We want to call out a few key defined terms that are used throughout these Terms:

The terms “Comfty® Gaming Chair,” “we,” “us,” and “our” refer to the owner of this Site.
“Content” refers to any information, data, tools, products, services, software applications, text, images, photographs, graphics, logos, button icons, trademarks, commentary, posts, and other materials available on our Site.
“You” and “your” refer to any user or viewer of our Site.

Use of Site and Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Site and services solely for your own personal, noncommercial use.

Any use of this Site not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other laws. Everything on this Site, including all information, data, tools, products, services, software applications, text, images, photographs, graphics, logos, button icons, commentary, posts, and other materials is our property or the property of our affiliates, partners, suppliers, or licensors and is protected by U.S. and international copyright, trademark and other laws.

The trademarks, service marks, and logos of Comfty® Gaming Chair (the “Comfty® Gaming Chair Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of Comfty® Gaming Chair. Other company, product and service names located on the Site may be trademarks or service marks owned by others (the “Third Party Trademarks”). Nothing on this Site or anywhere on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Comfty® Gaming Chair Trademarks or Third Party Trademarks displayed on the Site without our prior written permission or the permission of the applicable third party trademark owner.

You agree you will not do, or attempt to do, any of the following in connection with your access or use of the Site or services:

Access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers.
Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures we have in place.
Access or search the Site, or download Content from the Site by any means other than our publicly supported interfaces.
Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site or services to send altered, deceptive, or false source-identifying information.
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or services.
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus to, spamming, or overloading the Site.
Impersonate or misrepresent your affiliation with any person or entity.
Violate any applicable law or regulation in connection with your access or use of the Site or services.
Advocate, encourage, or assist any third party in doing any of the above.

Although we have no obligation to screen, edit or monitor Content, we may delete or remove Content at any time in our sole discretion.

User Accounts

In order to access certain features, you may be required to register and create a username and password. You are fully responsible for maintaining the confidentiality of your user name, password, and account information, as well as for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.

You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form and to maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site and services.

You are responsible for all activities that occur under your account, whether or not you authorized the activity. You agree to immediately notify us of any unauthorized use of your account. We reserve the right to terminate accounts that are inactive for an extended period of time.

User Content

We may provide features that allow you to upload content to the Site, including comments, posts, photos, images, graphics, videos, audios, links and other materials (“User Content”). You retain any ownership rights you have in your User Content, as applicable.

You agree that by uploading or posting User Content, you hereby grant and will grant Comfty® Gaming Chair and our affiliates, licensees and successors, an irrevocable, worldwide, royalty-free, fully paid-up, nonexclusive, perpetual, transferable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

You are solely responsible for all User Content you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Site or services. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such User Content, and your use and provision thereof as contemplated in this section, does not and will not infringe or violate the rights of any third party, including copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, confidentiality, or any other intellectual property or proprietary right.

We do not endorse or control User Content submitted by you or other users. We make no guarantee regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. User Content is not necessarily reviewed by us prior to posting and does not necessarily reflect our opinions.

We reserve the right (but have no obligation) in our sole discretion to refuse, edit, remove, or disable any User Content you submit for any reason, with or without notice.

Prohibited Content

You agree you will not upload, post, email, transmit, or otherwise disseminate any User Content that:

Infringes or violates the intellectual property rights or any other rights of third parties, including copyright, trademark, patent, trade secret, moral rights, and right of privacy or publicity.
May create any liability for us or cause us to lose the services of our providers or partners.
Is defamatory, abusive, obscene, pornographic, harmful, threatening, harassing, or inflammatory.
Contains viruses, corrupted files or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Is false or misleading.
Is illegal or promotes any illegal activity.
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or any other reason.
Advertises any product or service or solicits any customer.

Copyright Infringement Claims

We have a policy of responding to clear notices of alleged copyright infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws.

In the United States, the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content made available on our Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove the content or block access to the content.

Disclaimer of Warranties

Your use of the Site and services is at your sole risk. The Site and services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied.

We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.

We make no warranty that:

The Site or services will meet your requirements.
The Site or services will be available on an uninterrupted, timely, secure, or error-free basis.
The Site or services will be accessible in your location or geographic region, or will function as intended.
The results that may be obtained from use of the Site or services will be accurate, timely, or reliable.
Any errors or defects in the Site or services will be corrected.
The Site and services are free of viruses and other harmful components.

Any Content downloaded from or accessed through the Site is done at your own risk. We are not responsible for any damage to your computer system, mobile device, or loss of data resulting from downloading or accessing any Content.

We make no representations or warranties that the information provided through the Site will be effective, practical, suitable, or correct for you. You assume all risk associated with your use of information provided through the Site. You agree to use judgment and conduct any necessary, appropriate, prudent or judicious investigation and evaluation before taking any action based upon any information obtained from the Site.

We reserve the right to discontinue any feature or functionality on the Site at any time. Any dated information provided on the Site is for reference only and should not be relied upon. We assume no responsibility or liability for any errors or omissions in the Content provided on the Site.

Limitation of Liability

In no event shall Comfty® Gaming Chair, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of or inability to access or use the Site or services.
Any conduct or content of any third party on, through, or following links from the Site, including without limitation any defamatory, offensive or illegal conduct of third parties.
Any content obtained from the Site.
Unauthorized access, use or alteration of your transmissions or content.

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

In no event shall our total aggregate liability for claims relating to the Site or services exceed the amount paid by you, if any, for accessing the Site or using the services in the calendar year in which you first assert the claim.

You hereby release Comfty® Gaming Chair and its affiliates and their officers, employees, agents and successors from claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to the Site and services.

Some jurisdictions do not allow the disclaimer of implied warranties or exclusion of certain damages, so some of the above disclaimers and limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Comfty® Gaming Chair, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

Your violation of these Terms of Use;
Your use of the Site, services, or Content;
Your User Content;
Your interaction with any user; or
Your violation of any law or the rights of a third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Termination and Access Restrictions

We reserve the right, in our sole discretion, to terminate your access to or use of the Site and services at any time and for any reason, with or without notice. We reserve the right to block or restrict access to the Site and services for any reason and without notice to you.

We reserve the right to change, suspend, or discontinue all or any portion of the Site or services at any time.

Governing Law and Jurisdiction

These Terms and your use of the Site and services will be governed by and construed in accordance with the laws of the State of Tennessee, United States, without regard to conflict of law rules or principles. Any legal action or proceeding related to the Site or services will be brought exclusively in the federal or state courts located in Davidson County, Tennessee, and you hereby irrevocably submit to the personal jurisdiction and venue of these courts.

Severability and Survival

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision of these Terms will not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.

Sections regarding Representations and Warranties, Disclaimers/Limitation of Liability, Indemnity, and Legal Compliance will survive termination of these Terms.

Modifications

We reserve the right, in our sole discretion, to modify these Terms from time to time. Updated versions of the Terms will be posted on the Site and are effective immediately. Please check back frequently to review the current Terms. Continued use of the Site or services after any changes constitutes your consent to the changes.

Contact Us

If you have any questions about these Terms, please contact us at:

Comfty® Gaming Chair
201 8th Ave S
Nashville, TN 37203
United States

Email: [email protected]