Terms and Conditions of Use for Dr. Comfort Website
Welcome to the Dr. Comfort network of websites ("Dr. Comfort Network") which is owned, operated and controlled by Rikco International, LLC (d/b/a Dr. Comfort) ("Dr. Comfort"). These Website Terms and Conditions of Use (the "Terms and Conditions") set forth the terms and conditions under which Dr. Comfort offers you access to content, services and products at each of the websites, both current and future, that make up the Dr. Comfort Network (each a "Site" and, collectively, the "Sites"). These Terms and Conditions expressly incorporate by reference Dr. Comfort's privacy policies as such may be posted from time to time on the Sites.
Your visit to or use of any Site and any goods, services or Content available on any Site, constitutes your acceptance, without modification, of these Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use any of the Sites.
Account Membership Eligibility
If you open an account or subscribe to any services offered on any of the Sites, you agree to: (a) provide true, accurate, current and complete information about yourself and/or your company as prompted by the registration and/or order forms, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Dr. Comfort reserves the right to terminate your account and refuse any and all current or future use of any of the Sites and affiliated services. You are solely responsible for choosing and keeping secure your password to access your account on the Sites. Dr. Comfort bears no responsibility for your account being compromised and used without your authorization. Should you become aware of unauthorized activity on your account, you must notify Dr. Comfort immediately. You further agree not to share user names or passwords, which is expressly prohibited, unless authorized in writing by Dr. Comfort. You further agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter, or attempt to change or alter, any of the Sites. If you are under the age of 18, you may use the Sites only with the knowledge and approval of your parent or guardian.
Forum Conduct and Use
You agree to be personally responsible for your use of the Dr. Comfort Network and conduct yourself in a lawful and respectful manner. You acknowledge that Dr. Comfort does not pre-screen Member content or communication over the Dr. Comfort Network. Certain areas of the Sites may provide access to online forums, bulletin boards or chat rooms (the "Dr. Comfort Forums"). Dr. Comfort does not endorse, and specifically disclaims any responsibility or liability for any content in the Dr. Comfort Forums. In addition, Dr. Comfort, in its sole discretion, reserves the right to delete, move or edit content, in whole or in part, submitted to the Dr. Comfort Forums if it deems the content to be illegal, abusive, harassing, defamatory, obscene, in violation of intellectual property, privacy or other proprietary rights, in violation of these Terms and Conditions, or for any other reason. You agree not to post any such content and agree not to post any content that contains software viruses, political campaigning, commercial or advertising content or spam. You agree to use the Dr. Comfort Forums only to post, send and receive messages and material that are proper, related to the subject matter of the Dr. Comfort Forums and that comply with applicable law. You agree to any additional terms and conditions posted at the Dr. Comfort Forums.
By submitting any content to this website, you automatically grant, or warrant that the owner of such content has expressly granted, Dr. Comfort the royalty-free, perpetual irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, transmit, sublicense, create derivative works from, distribute, perform and display such content in an electronic environment.
Dr. Comfort has no obligation to monitor the Dr. Comfort Forums. However, Dr. Comfort reserves the right to review materials posted to the Dr. Comfort Forums and to remove any materials in its sole discretion. Dr. Comfort reserves the right to terminate your access to any Dr. Comfort Forum at any time, without notice, for any reason whatsoever. Furthermore, Dr. Comfort reserves the right at all times to disclose any information as Dr. Comfort deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Dr. Comfort' sole discretion.
Ownership and Copyright and Trademark Notice
The Sites are owned and operated by Dr. Comfort. Unless otherwise specified, all content, information and materials appearing on the Sites, including without limitation to text, site design, logos, graphics, icons, images and audio and video clips, as well as the selection, assembly and arrangement thereof ("Content") are the sole property of Dr. Comfort or its licensors and are protected by U.S. and International copyright, patent and trademark laws and treaties. Dr. Comfort and its licensors expressly reserve all rights in and to such Content. Dr. Comfort grants you a limited license to access and make personal use of the sites. This license does not include any resale or commercial use of the Sites or content. You may use the Content contained on the Sites only for the purpose of gathering information, purchasing product or participating in the Dr. Comfort Forums. No Content from the Sites may be copied, reproduced, modified, republished, uploaded, posted, transmitted, distributed in any form or by any means or otherwise exploited for any commercial purpose without Dr. Comfort's or its licensor's prior written permission.
Certain patents, trademarks, copyrights and other content or proprietary information used on the Sites may be owned by third parties not affiliated with Dr. Comfort and are being used under license and with permission by Dr. Comfort under various agreements. As such, all third party content may not be used other than as expressly provided in the Sites and by the content provider.
Dr. Comfort welcomes your comments and feedback about the Sites or about its products and services; however, Dr. Comfort, in its sole discretion, reserves the right to use or not use any ideas, content, materials, or suggestions without any express or implied obligation, contract or compensation to you. All ideas, materials, or suggestions submitted shall become the property of Dr. Comfort and Dr. Comfort may use such ideas, materials, or suggestions in whole or in part at Dr. Comfort’s sole discretion without compensation or credit to you. All communications and other materials (including, without limitation, unsolicited ideas, suggestions, or materials) you send to this site or to Dr. Comfort by e-mail or otherwise are and shall remain the sole and exclusive property of Dr. Comfort and may be used by Dr. Comfort for any proper purpose whatsoever, commercial or otherwise, without compensation to the submitter.
Digital Millennium Copyright Act Compliance Policy
It is our policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on this site, you may notify our registered copyright agent by sending the following information to the address listed below:
- The signature of a person authorized to act on behalf of the owner of the copyright. This signature can be physical or electronic;
- A statement that this person is authorized to act on behalf of the copyright owner;
- A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner's agent, or by law;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site; and
- Your address, telephone number, and e-mail address.
Please put "Notice of Infringement" in the subject line of all such notifications, and send the notification to:
10300 North Enterprise Drive
Mequon, WI 53092
e-mail address: ________________
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DR. COMFORT MAKES NO WARRANTY THAT THE SITES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITES AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM UTILIZATION OF THE SITES AND THEIR CONTENT.
TO THE GREATEST EXTENT PERMISSIBLE UNDER LAW, DR. COMFORT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE; NON-INFRINGEMENT; OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT SHALL DR. COMFORT, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SIMILAR TYPES OF DAMAGES RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED OR AVAILABLE FROM DR. COMFORT, EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT DR. COMFORT, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL AND SIMILAR TYPES OF DAMAGES EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Jurisdiction and Venue
You agree that any legal action brought against Dr. Comfort shall be governed by the laws of the state of Wisconsin without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of the Site shall be the Wisconsin Circuit Court located in Ozaukee County, Wisconsin or the Federal District Court for the Eastern District of Wisconsin.
You agree to defend, indemnify and hold harmless Dr. Comfort and its subsidiaries, affiliates, related companies, employees, officers, directors, telecommunications providers, and content providers from all liabilities arising from your breach of these Terms and Conditions.
Reservation of Rights
Dr. Comfort, in its sole discretion, reserves the right to take all action or inaction as allowed by law, which includes, but is not limited to:
- change these Terms and Conditions of Use,
- monitor and remove postings, and/or
- discontinue any Site at any time with or without notice to users.
If any term, condition, or provision of these Terms and Conditions of Use is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions, and provisions shall not in any way be affected or impaired thereby. These Terms and Conditions of Use constitute the entire representation made by Dr. Comfort relating to the subject matter herein.
References to Other Websites
Dr. Comfort makes no representation whatsoever regarding the content of any other websites to which you are referred from the Sites. The reference to another site outside of the Dr. Comfort Network does not imply endorsement by Dr. Comfort of such a site.
Amendment and Modifications to Agreements
Dr. Comfort may amend or make additions, deletions or modifications to these Terms and Conditions at any time and without prior notice. Such amendments or modifications shall be effective upon posting the amended terms on the Sites, and you agree to be bound by such amendments or modifications.
Dr. Comfort and Third Party Patent and Trademark Notices
Patents, Service Marks, Trademarks and Copyrights ©2009 Dr. Comfort.