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Terms and Conditions

Power Equipment Direct, Inc. (“PED”) operates the website located at eComfort.com and other websites on which a copy of these terms of use appear (cumulatively the "PED Sites") as a service to its customers residing in the United States of America, its territories and possessions ("U.S.").

1. User Eligibility

The eComfort.com site is available only to residents of the U.S. who are over the age of 18 and can form legally binding agreements. The products and services available on eComfort.com are available only in the U.S. If you do not qualify, do not use eComfort.com. In addition, you should only access eComfort.com from within the United States or its territories, as access to eComfort.com may be prohibited in countries outside the U.S. If you access eComfort.com from outside the United States, you do so at your own risk and you are responsible for complying with the laws and regulations of your territory of access. Special Note regarding Children: The eComfort.com site is not intended for use by children under the age of 18 and, therefore, children under the age of 18 should not use eComfort.com. eComfort.com will comply with the Children's Online Privacy Protection Act and will not knowingly collect information from children under the age of 18. If you have children under the age of 18, you should not allow those children to use eComfort.com and you should always monitor your children's use of the Internet. You should make your children aware that providing information about them over the Internet could be dangerous. Furthermore, parental control software is available to help you monitor your children's use of the Internet and to block your children's access to particular Internet sites.

2. Ownership and Pemitted Use of the eComfort.com Site and its Content

PED provides eComfort.com and their contents for your information, education and shopping pleasure. Please feel free to browse eComfort.com. However, you should keep in mind that all of the information, content, and other material contained on eComfort.com, including text, trademarks, written material, trade dress, catalogs, technical information and advertisements (all "Content") are the sole and exclusive property of eComfort.com, its licensors, or other third parties. Such Content is protected under United States copyright and other laws and international treaty provisions and any unauthorized use by you of this Content may subject you to civil and criminal penalties. The ownership of all content is retained by eComfort.com. You may view, download, and print material displayed on eComfort.com for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials.

3. Certain Restrictions on Use

You may not:
• distribute, retransmit, republish, reuse, repost, or use the contents of eComfort.com for public or commercial purposes, without eComfort.com’s prior written permission; • alter, modify, frame, or "mirror" any content contained on eComfort.com • link to eComfort.com; • use any data mining, robots, or similar data-gathering and extraction tools in connection with eComfort.com; • remove or alter any copyright or other proprietary notices contained on the Content; • input or upload onto eComfort.com any information or computer code that is intended to, or are likely to, damage, interfere with, alter, intercept or expropriate any data or system, or that infringes any intellectual property rights of eComfort.com or any third party. Inappropriate uploads and inputs include, but are not limited to the following: Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines; • post or transmit any unlawful, threatening, obscene, libelous, or otherwise offensive material to eComfort.com; or engage in any type of harassment activity via eComfort.com.

All rights not expressly granted in these terms of use are retained by eComfort.com.

4. Errors on eComfort.com

eComfort.com shall have no responsibility for errors of any kind on eComfort.com or any Linked Website. Errors may include incorrect product and service descriptions, incorrect information regarding the availability of specific products, typographical errors and obsolete information, with the result that product and service descriptions, information regarding product availability, pricing information and the descriptions of promotional offers or other data may not be complete, current or accurate. In addition, errors may result when honoring a request or order placed by you if such request or order is based on incorrect information. eComfort.com reserves the right to update or change information and correct any errors, inaccuracies, or other errors at any time. A customer's sole and exclusive remedy if an item purchased by the customer from eComfort.com does not fulfill the description set forth on eComfort.com is to return the item, in an unused condition, to eComfort.com for a refund of the purchase price and, in eComfort.com's sole discretion, the shipping costs paid by customer. Customer, however, is responsible for shipping costs to return the unwanted item to eComfort.com. Because actual colors and the "look and feel" you see on eComfort.com will depend on your monitor and other technical factors, eComfort.com cannot guarantee that any video display of any product information or other data will be accurate at any time. The price of each product and service will only be confirmed by eComfort.com upon the submission of an order by a customer. Prices provided on eComfort.com are subject to change without notice and may or may not include shipping and handling or any applicable sales taxes or customs duties. In the event eComfort.com discovers an error of any kind in pricing or product and service information, eComfort.com reserves the right to, in eComfort.com's sole discretion, (i) cancel any order related to such pricing or product and services information error, (ii) before shipping the product to or performing the service for customer, notify the customer of the error, and await the customer's instructions as to whether or not the customer wishes to proceed with the order in light of the error, or (iii) if a pricing error is involved, and a pricing error favors the customer, ship the product to customer at the incorrect price to the customer's benefit. Products and services described on eComfort.com are available only while supplies last, and eComfort.com reserves the right to discontinue the offering or sale of any product or service at any time, without notice.

5. Feeback and Submissions to eComfort.com

eComfort.com welcomes your comments regarding the products and services offered on eComfort.com. From time to time you may be given the opportunity to respond to surveys and provide feedback regarding (i) eComfort.com in general. Please understand that any questions, comments, testimonials, feedback, responses to surveys, suggestions, or similar material disclosed, submitted or posted by you on eComfort.com or through the feedback and survey opportunities offered by eComfort.com or third parties will be considered non-confidential, non-proprietary and not personal to you nor anyone else and may be disseminated or used by eComfort.com, its affiliates, and the third parties collecting the feedback and responses for any purpose including, but not limited to, developing, manufacturing or marketing products. In addition, by disclosing, submitting, or posting material to eComfort.com, you grant to eComfort.com a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, edit, publish, translate, rework distribute and display that material without compensation or acknowledgement of source. Therefore, you should not send eComfort.com any creative ideas, original materials, suggestions, marketing plans or other information that you would like to remain confidential or for which you would like acknowledgement or compensation. Additional terms and conditions may apply in connection with certain types of submissions (e.g. testimonials, sweepstakes or contest entries). If applicable, these additional terms and conditions will be set forth where you submit the information or in a link adjacent to where you submit the information. You should review all additional terms and conditions carefully before submitting material to eComfort.com. By submitting material to eComfort.com, you represent and warrant that you own or otherwise control the rights to your submission and that your submission does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, or any form of spam. Furthermore, you understand that you may not use a false name, impersonate any person or entity, or otherwise mislead eComfort.com as to the origin of any submission. You agree to indemnify eComfort.com for all claims against it that arise from or are connected with your submission(s).

6. Disclaimer of Warranty

The eComfort.com site, including all Content and the Content of any Linked Websites, are provided "as is" and "as available." AS TO THE ECOMFORT.COM SITE, AND ANY LINKED WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, PED EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Without limitation to the foregoing, eComfort.com makes no warranty: (a) that there will be no interference with your enjoyment of eComfort.com or Linked Websites; (b) that the Content provided on eComfort.com or Linked Websites will fulfill any particular purpose or need; (c) that the Content provided on eComfort.com or Linked Websites is complete, reliable or accurate; (d) that any request or order placed by you to eComfort.com or Linked Websites will be honored according to your schedule or any stated schedule; (e) that eComfort.com or Linked Websites will otherwise meet any specifications, requirements or expectations; (f) that eComfort.com or Linked Websites will be uninterrupted, timely, secure or error free; (g) that the results obtained from use of eComfort.com or Linked Websites will be accurate and reliable; (h) that any errors in the content of eComfort.com or Linked Websites will be corrected; (i) that materials on eComfort.com or Linked Websites are appropriate or available for use in any particular location; or (j) that products or services displayed or referenced on eComfort.com or Linked Websites are available for use in any particular location. You assume total responsibility and risk for your use of eComfort.com and any Linked Website. Any material downloaded or otherwise obtained through the use of eComfort.com or Linked Website shall be so obtained at your own discretion and risk. eComfort.com will not be responsible for any damage to your computer system or loss of data that results from obtaining any material from eComfort.com or any Linked Website. You assume the entire cost of any repairs, corrections or servicing of the products you order from eComfort.com or any Linked Website.

7. Limitation of Liability

eComfort.com will not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits or punitive damages arising out of your access to or use of eComfort.com, even if eComfort.com has been advised of the possibility of such damages.

8. Order Fulfillment

eComfort.com reserves the right in its sole discretion, without prior notice and for any reason, including but not limited to unavailability of products, to deny an order or to refuse to fulfill an order in whole or in part. Furthermore, eComfort.com shall not be liable to you or any third party for such denial or refusal.

9. Termination

eComfort.com may, in its sole discretion, terminate your use of eComfort.com or terminate your rights under these terms of use for any reason, without prior notice. In its sole discretion, and at any time, eComfort.com may also discontinue providing eComfort.com or any one or part, with or without notice. eComfort.com shall not be liable to you or any third party for any of the foregoing. Sections 1-14 shall survive the expiration or termination of these terms of use.

10. Links

The eComfort.com site may from time to time display links to other websites or resources sponsored by third parties as a convenience to you (such third party sites are known as "Linked Websites"). eComfort.com has no control over Linked Websites and shall not be responsible for the availability of Linked Websites or their content. Access of Linked Websites is at your own risk. Third-party websites (and any websites to which they link) may also contain information that is inaccurate, incomplete, or outdated. eComfort.com does not endorse or provide warranties of any kind as to the proprietors or content of any Linked Websites, including any linked website of any joint venture company or other company related to eComfort.com.

11. Other

These terms of use will be governed by the laws of the State of Illinois, as applied to contracts entered into between Illinois residents and performed in Illinois. Any dispute arising out of these terms of use or your use of eComfort.com shall be subject to the exclusive jurisdiction of state or federal courts located in Chicago, Illinois, USA, and you hereby consent and submit to the personal jurisdiction of such courts. You may not use or export or re-export the materials at this site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If any provision of these terms of use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These terms of use constitute the entire agreement between you and eComfort.com relating to use of eComfort.com, superseding any other agreement between you and eComfort.com with respect to the subject matter of these terms of use. Section headings in these terms of use are for convenience only and have no legal or contractual effect. If any provision of these terms of use shall be found to be unenforceable, the other provisions shall still remain in full force and effect.

12. Amendments

eComfort.com reserves the right, at its sole discretion, to revise, change, or modify the eComfort.com Terms of Use and eComfort.com Privacy Policy at any time by updating this posting. Your continued use of eComfort.com following the posting of changes to these terms of use and Privacy Policy signifies your acceptance of those changes. Therefore, you should check these terms of use and Privacy Policy from time to time as you visit eComfort.com.

13. Updates and Changes to Policies

eComfort.com may change its terms of use policies from time to time by posting updated versions of the terms here. As we may make changes to these terms at any time without notifying you, we suggest that you review the Terms of Use each time you access or use eComfort.com.

14. Privacy

Please review our Privacy Policy, which also governs your visit to eComfort.com site, to understand our practices.

15. Saftey

Always follow manufacturers' safety instructions provided with your product. It is our recommendation that you contact a local professional contractor to assist in the installation of your product.

16. Warranties

Each eComfort.com product is packaged with the manufacturer's warranty and service information detailing specific terms and conditions. We encourage you to complete the product registration information and return any registration cards to the manufacturer so that they can contact you if necessary in the future. Improper product installation can void manufacturer’s warranty. Please follow all manufacturers’ guidelines.

17. Contact Information

If you have questions regarding the eComfort.com Terms of Use, you may contact us at info@ecomfort.com.
Note: If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this eComfort.com Sites, please notify eComfort.com immediately at legal@pedstores.com.

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