TERMS AND CONDITIONS OF USE
Terms and Conditions of Use and Legal Information
By viewing or logging into our website, you confirm your agreement with and understanding of the following Terms and Conditions of Use without limitation or qualification. We reserve the right to, and may at any time, change the terms and conditions upon which our website is offered. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions to which you are bound. These Terms and Conditions of Use will be governed by and construed in accordance with the laws of the State of North Carolina without regard to conflict of law principles.
Limitation of Liability
While we use reasonable efforts to include up-to-date information on our website, errors and omissions sometimes occur. All information on our website is furnished AS IS, and we make no warranties or representations as to the accuracy of our website, and we make no other warranty of any kind, express or implied. Under no circumstances shall we nor any person involved in creating, producing, or delivering the websites be liable for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on our websites, even if our authorized representative has been advised of the possibility of such damages.
Account Access
If you or any of your employees or agents use this website, you acknowledge and agree that such ACCESS IS BEING MADE AVAILABLE TO YOU OR SUCH OTHER PERSON WITHOUT ANY WARRANTY WHATSOEVER, EITHER EXPRESS OR IMPLIED, and you agree that any such access or use will be solely at your own risk, and we will have no liability whatsoever relating to or arising out of any such access or use or any inaccuracies, errors, delays, omissions, or other problems. Moreover, you agree that if you or any of your employees or agents are given any user name(s), and/or password(s) which may be required to access or use any electronic services (collectively, “User Codes”), (a) you shall take all necessary actions to preserve the confidentiality of such User Codes; (b) you shall restrict access to the User Codes to those who are duly authorized to act on your behalf; (c) you shall notify us immediately in the event any such User Code is lost, stolen, or the confidentiality of any such User Code has been compromised in any way or the authority of any person to act on your behalf has been revoked or limited; and (d) you are responsible for and will be bound by all statements made and instructions, assents, or consents communicated under any such User Code, to the same extent as if the same was under your duly signed writing.
Restrictions on Use of Materials and Trademarks
We own and maintain this website. Nothing contained in this website shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any image, trademark, logo, or service mark contained within the website. No act of downloading or otherwise copying from this website will transfer to you any title or license to any software or material contained within this website. We reserve all rights with respect to copyright and trademark ownership of all material contained within this website, and will enforce such rights to the full extent of the law. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this website without our written permission.
Images displayed on this website are the property of, or used with permission, by us. The use of these images by you, or anyone authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
No Unlawful or Prohibited Use
As a condition of your use of our websites, you agree that you will not use our website for any use which is unlawful or prohibited by these terms, conditions, and notices.
Links to Third Party Websites
This website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such websites, and are not responsible for their content. Our inclusion of such hyperlinks does not constitute endorsement of the material on such websites or any association with their operators.
Material to Be Consulted in its Entirety
Materials contained within this website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, or disclosures, and any copyright or proprietary notices. Any such notices apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated into the portion of any material or document that you consult or download.
Copyright Infringement Claims
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 (17 U.S.C. § 512). If you believe in good faith that materials hosted by our website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the website; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/title17/92chap5.pdf for details. Notices and counter-notices with respect to our website should be sent to:
By Mail:
PO Box 220
Asheboro, NC 27204
USA
Or
By e-mail: servicenet@klaussner.com
"Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans, and other designations that Klaussner, Comfort Design Furniture, Enso Sleep Systems or its affiliates use in connection with its products and services. You may not remove or alter any Trademarks or cobrand your own products or material with Trademarks without our prior written consent, which may be granted or denied by us at our sole discretion. You acknowledge our rights in Trademarks and agree that any permitted use of Trademarks by you shall inure to our sole benefit. You agree not to incorporate any Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations for any use whatsoever.
Security and Sign-in Credentials
If you have access to password protected areas of our websites, you agree to (a) keep your password secure and confidential; (b) not permit others to use your account; (c) refrain from using the accounts of others; (d) refrain from selling, trading, or otherwise transferring your account to another party; and (e) refrain from charging anyone for access to any portion of the services or content. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
Certain Restrictions on Use
You agree not to use our website in any way that is illegal or that is fraudulent, harassing or abusive as determined by us in our sole discretion, including:
- You will not use the website to harm, bully or harass other individuals; and
- You will use the service only for personal use (not for resale or commercial purposes).
You may not use the website in any way to transmit any content that is unlawful, fraudulent, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive or harmful or that infringes upon others’ privacy, right of publicity, copyright or other intellectual property or other rights. We reserve the right to remove or delete any content from the website that we believe may violate these terms or is otherwise deemed objectionable by us in our sole discretion.
Website Security and Integrity
You may not violate the security of our website in any way, nor may you attempt to avoid system or network limitations imposed by us. You may not gain unauthorized access to, alter, destroy or otherwise “hack” any information that relates to any customer or other end-user. You may not intentionally interfere with service to any user, host or network, nor may you cause, participate in, or facilitate any denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and/or broadcast attacks. You may not falsify origin or routing information regarding any communications to, from or through the websites, or otherwise cause, participate in, or facilitate “phishing” or other activities to solicit, or collect under false pretenses, any information from any of our customers or other end users.
Indemnification
You agree to indemnify, hold harmless, and, at our request, defend us, our licensors, and our vendors from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys’ fees) that directly or indirectly arise, in whole or in part, in connection with your use of the our websites, or otherwise in connection with: (1) any violation of these Terms and Conditions of Use by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law by you; or (4) information or content that you submit, post, transmit or make available through the our websites.
Computer Viruses
We assume no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment, or other property as a result of your access to, use of, or browsing in this website or as a result of your downloading of any materials, text, images, video, or audio from this website.