Terms and Conditions of Use (the legal stuff)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF COMFORTQUEEN.COM CAREFULLY. By completing the member registration process, you agree to these Terms. These terms may be updated from time to time. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this site.
Scope of Terms and Conditions
These terms and conditions apply to your use of all services owned or operated by Comfort Queen and any other site that we may own or operate or be affiliated with in the future These terms and conditions do not apply to your use of sites we only link to or have affiliate relationships with, even if you purchase a product from an affiliate recommended on our site.
Restrictions on Use of Materials
The contents of this site are protected by copyright and trademark laws, and are the property of Comfortqueen.com and any other owners. Unless we say otherwise, you may access the materials located within Comfortqueen.com only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, or copyright notice. When you download copyrighted material you do not obtain any ownership rights to that material. When you email to a friend or print material from our site, it must contain copyright notice or a link back to Comfortqueen.com. You may not modify, copy, publish, display, transmit, adapt, or in any way exploit the content of Comfortqueen.com for your own purposes. Only if you obtain prior written consent from us -- and from all other entities with an interest in the intellectual property you wish to reproduce -- may you publish, display or commercially exploit any material. Email webmaster@comfortqueen.com for permission.
Links
These terms and conditions apply only to Comfortqueen.com, and not to the sites we may link to now or in the future, or to sites that advertise on Comfortqueen.com. We are not responsible for the availability of any other site to which we link. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site, including affiliate sites that you may access from Comfortqueen.com for the purpose of purchasing a recommended product. You should direct any concerns to that site's administrator or webmaster. Please also notify us at Comfortqueen.com so we know about any such problem. Other sites may link to Comfortqueen.com only through a plain-text link. Permission must be granted for any other type of link. To seek our permission, email webmaster@comfortqueen.com. We reserve the right to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link at any time.
Service Limitations
We will do our best to make your experience at Comfortqueen.com a comforting and inspiring one. However as much as we would like, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that Comfort Queen's Services are provided "AS-IS". Comfort Queen cannot assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalization settings.
Service Changes and Discontinuation
Comfortqueen.com reserves the right to change or discontinue, temporarily or permanently, the Service at any time without notice. You agree that Comfort Queen will not be liable to you or any third party for any modification or discontinuance of the Service.
Submitting Content
By submitting ideas, resources and other content via email or message boards or any other forum, you automatically agree that, without any particular time limit, and without the payment of any fees, Comfortqueen.com may reproduce, display, distribute and create new works of authorship based on and including the Content. We will exclusively own all known or later-existing rights to the Content or any other Submission of Creative Work worldwide, and will be entitled to the unrestricted use of said Content or Submission for any purpose, without compensation to the provider.
Provide Accurate Information
You agree to provide true, accurate, current and complete information about yourself as requested in Comfort Queen's registration form. Accurate records help us create a better site and provide us with opportunities to identify new services or products that may interest you. Please update the Registration Data to keep it current and accurate.
Guard Your Password
You are responsible for maintaining the confidentiality of your password and account. And you are fully responsible for all activities that occur using your password or account. Please notify Comfortqueen.com immediately of any unauthorized use of your password or account or any other breach of security.
Forums
A "forum" means any message board, chat room, or similar interactive service. You agree not to post on any forum any material that is libelous, defamatory, obscene, abusive, invades a person's privacy, or that infringes the copyrights (rights of an owner of written material) or other intellectual property of others. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts (please!). You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on Comfortqueen.com, except for material signed by an identified representative and/or relevant affiliated companies. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We do not endorse the content of any member and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. We do not pre-screen content, but that Comfortqueen.com and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the Service. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. If you do any of these things, please understand your account will be terminated.
Advertising
Comfortqueen.com relies on advertisers to help fund our site. In order to continue our free service, you agree that Comfortqueen.com may display advertisements, sweepstakes and promotions of all kinds.
No Personal Advice
The information contained in or made available through Comfortqueen.com (including but not to information contained on message boards, in text files, in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. Please consult a doctor concerning any symptoms that may require diagnosis or medical attention. Neither Comfortqueen.com, Jennifer Louden, nor any of our affiliated companies nor respective licensees or suppliers make representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through Comfortqueen.com. Neither we nor our partners, or any of their affiliates will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
Parental Permission
Comfortqueen.com may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.
Yet More Disclaimers
THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS." YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMFORTQUEEN.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMFORTQUEEN.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Comfortqueen.com OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL. You agree to protect and fully compensate Comfortqueen.com and its affiliates, and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of the Services, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone. This Agreement cannot be changed or any of Comfortqueen.com's rights waived unless Comfort Queen agrees in writing or by another reasonable method requested by Comfortqueen.com. You may assign this agreement only with Comfort Queen's written approval. Any notices related to this Agreement need to be given in writing to one another at our addresses below, or any new address that is given in such a notice. The laws of the State of California apply to this Agreement. This Agreement is the entire understanding between You and Comfortqueen.com about the Services.
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Privacy Policy
Our Commitment to Your Privacy
Your privacy is very important to us, as is your trust. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
When you visit or purchase products through ComfortQueen.com, we ask you for certain personally identifiable information including your name, e-mail address, and delivery address and payment information. We ask for this information for our internal use only. We use it principally to fulfill product orders and communicate with you. We also use it to help develop and improve our services to meet your needs.
The Information We Collect
This notice applies to all information collected or submitted on the ComfortQueen.com web site. In a few areas of our web site, we ask you to provide information that will enable us to process your order, enhance your site visit or to follow up with you after your visit. It is completely optional to provide this personal information. On some pages, you can order products, make requests, and register to receive materials. For example, the types of personal information collected on these pages include:
Name
Address
E-mail address
Phone number
Credit/Debit Card Information
Purchase Information/History
IP Addresses used to access the service
Dates and time of access
Customer Service Inquiries/History
What Is A "Cookie"?
A cookie is a small piece of information sent by a web server to store on a web browser so it can later be read back from that browser. This is useful for having the browser remember some specific information. An example is when a browser stores your user ID's. They are also used to store preferences of start pages; both Microsoft and Netscape use cookies to create personal start pages. Cookies are also used to help sites remember the types of items you like to purchase as well as the type of information you want displayed on your start pages.
How We Use Information
We use the information you provide about yourself when placing an order so we may complete that order and serve you more effectively. We do not share this information with outside parties except to the extent necessary to complete that order. The only exceptions to this are:
- You have specifically authorized us to share information, or
- Where such disclosure is reasonably required by law or legal process, or
- Where disclosure is reasonably necessary to protect Comfortqueen.com rights or property. The Internet allows providers like ComfortQueen.com to personalize their content and offerings to your situation and needs. This is in contrast to other media, like television or magazines, which broadcast the same content and messages to everyone, regardless of their situations, needs or interests. We do want to serve you creatively, effectively and speedily. We do NOT want to waste your time or annoy you with information that is not relevant or helpful.
You can register with our web site if you would like to receive our e-mail newsletter as well as updates on our new products and services. These updates include notices concerning products, special offers and promotions from ComfortQueen.com and our partners. Information you submit on our web site will not be used for this purpose unless you fill out the registration form and check the box or boxes that grant us permission to initiate communications with you.
We use non-identifying and aggregate information:
1. To communicate with advertisers in order to find the widest array of products that will serve our visitor's needs. For example, we may tell an advertiser that X number of individuals visited a certain area on our web site, or that Y number of men and Z number of women who filled out our registration form were 30 years old or older, but we would not disclose anything that could be used to identify those individuals. This benefits you because, although we or an advertiser will not know that you or you specifically, are looking at our site, we can offer products and services that will be useful to a certain class of individuals.
Other than as set forth above, we don't use or share your personally identifiable information, without providing you notice of such intended use or disclosure and an opportunity to opt out or otherwise prohibit such use or disclosure before it takes place.
We never sell, rent, or trade our email data base to anyone, period.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
How To Correct Your Information
You can make modifications to your personal profile
by choosing my account after logging in. We use this
procedure to better safeguard your information. E-mail
us at privacy@ComfortQueen.com
if you have any questions or concerns.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
How To Remove Yourself From Our Mailing List
To remove yourself from the ComfortQueen.com mailing list, simply send an e-mail to remove@ComfortQueen.com. You do not need to put anything on the subject line or in the body of the message. Once we receive your e-mail, we will promptly delete you from our mailing list system.
How To Contact Us
Should you have other questions or concerns about these privacy policies, please send us an email at privacy@ComfortQueen.com.
We Cannot Protect Information You Provide Or Transmit Over The Internet
At any time we may maintain one or more links to third party Internet sites independent of us. We cannot control or protect the privacy of any information that you may submit to these third party Internet sites. We disclaim any responsibility or liability for the use of information submitted to such third parties. While we strive to protect your information when we receive it, Comfortqueen.com cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
If you have authorized us to do so, we may from time to time send you information about our various products and services that may be of interest to you. Only Comfortqueen.com will send you information. If at any time you subsequently decide not to receive any further information, you may opt out by removing yourself from the Comfortqueen.com mailing list.
Public Forums
This site makes chat rooms, forums, message boards, and/or news groups available to its members. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
Future Alterations To This Policy
Comfortqueen.com reserves the right to alter this privacy policy. We will post any changes or additions to this policy on this web page. Changes will become effective thirty days after they are posted here. If you have any questions concerning this privacy policy, please send them to us at privacy@ComfortQueen.com.
Community Standards
Comfortqueen.com's mission is to provide a place to be kind to yourself. That implies a level of trust with each other. Therefore we all must adhere to certain rules of behavior. By clicking on the I accept button and participating in message boards, chats, and other forums, you agree to the following Community Standards:
1. You must be at least eighteen (18) years of age or your parent or guardian must have authorized your Membership. Some communications to this site may be inappropriate for children.
2. You must protect your password. You should never, ever provide it to anyone online.
3. You must protect your own privacy. Never provide your telephone number, pager or street address to anyone online.
4. If you choose an alias to use on the message boards, chats, or other forums, choose one in good, regal taste. By this we mean choose an alias that is creative and fun, but not one that is vulgar, obscene or misrepresents you to our other Members. If you have selected an alias that is already taken or one that we deem inappropriate, we will reject your choice and ask you to make another selection.
5. No one at Comfortqueen.com wishes to pre-screen or filter your communications to the site. Members expect each other to behave with consideration and mutual respect. If we learn of communications that may be unlawful or harmful to other Members or to the site, or that impinge upon the rights of other Members or others (prohibited communications), we will take appropriate action. We may delete any communication that we deem to be spam or inappropriate and may send you a warning and/or terminate your Membership in the community.
6. Examples of prohibited communications include the following:
(a) abusive or hateful language, even if symbols are used instead of actual words;
(b) sexually explicit images or pointing to or referencing such images;
(c) personal attacks on other Members, including attacks on a Member's race, religion, gender, sexual orientation, age, weight, disabilities and other identifiable characteristics;
(d) disruptive behavior in an online event including, but not limited to, scrolling (repeatedly hitting the return key or other key combination);
(e) spamming and other advertising; promotional materials or other forms of solicitation;
(f) harvesting names and email addresses from other Members without their permission; soliciting passwords from other Members;
(g) impersonating other Members, nonmembers, famous people and Comfortqueen.com personnel;
(h) misrepresenting one's location -- some countries are "out of bounds" to the site because of local country laws or the export control laws of the United States;
(i) violating the law (remember our site is a public place accessible from around the world). Examples include:
I. Copying someone else's works or breaching a nondisclosure agreement is a violation of intellectual property rights;
II. Posting obscene or defamatory communications is likewise illegal and could result in criminal as well as civil liability;
III. Postings that misappropriate another person's name or likeness, or invading a person's right to privacy, is against the law;
IV. Violating the U.S.'s or other countries' export control laws could result in fines and jail sentences;
V. Publications that are morally harmful to citizens, including juveniles, could be a violation of a country's local laws;
(j) viruses or other destructive or expropriating content;
(k) disparaging anyone's products and services;
(l) threatening violence;
(m) inciting hatred and violence against segments of the population (or minority group).
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