Welcome to BuyBigJoe.com (Comfort Research, the “Company”), where we and our affiliates provide information, goods and services to you subject to the following conditions. If you visit, download information or shop at buybigjoe.com (hereinafter referred to as “Site”), you accept these conditions. Please read them carefully.
By using this website located at the Site, you signify your agreement to all terms, conditions and notices contained or referenced herein. If you do not agree with the terms and conditions of using this Website Usage Agreement, please do not use this Site. We reserve the right to, as determined in our discretion, update or revise any terms or conditions herein at anytime. Please check the Website Usage Agreement periodically for changes.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. The Company sells goods and services to adults who can purchase with a credit card or other similar means. If you are under 18 years of age, you may use the Site only with involvement and consent of a parent or guardian. Company and its affiliates reserve the right to at any time refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
When you visit the Site, or send e-mail to us, you are communicating with us electronically without limitation, and therefore consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, and that you hereby consent to receive promotional, transactional or service related email communications from us, without limitation.
LICENSE AND SITE ACCESS
Use of the Site grants authorized persons a limited license to access and make personal use of this Site, and not to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site, nor any portion of this Site, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) displayed within the Site and our affiliates without our express written consent. You may not use any Meta tags or any other “hidden text” utilizing the Company name or derivative names or marks, without the express written consent of Company. Any unauthorized Site use terminates the permission or license granted by Company. You, as a consumer, are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site, so long as the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without our express written permission.
RESTRICTIONS ON USE OF MATERIALS
This Site is owned and operated by Company. All information of any kind or nature, received, viewed or communicated in connection with the Site, including customer account information, is deemed to be owned, controlled and reserved for any and all legitimate business purposes, without limitation, by Company. No materials, information, data or images may be copied, reproduced, transmitted, republished, uploaded, posted, or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification or use of the materials, information, goods or services obtained through the use of the Site, or use of the materials within the Site for any other purpose, is a violation of Company’s copyright and other proprietary and contractual rights. The use of any such material on any other website or networked computer environment is prohibited. Except as otherwise indicated on this Site and except for the trademarks, service marks and trade names of other companies that are displayed on the Site, all trademarks, service marks and trade names are proprietary to Company.
In the event that you access or download any textual information, images, data, or software from the Site, the software, including any textual information, images, files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are non-exclusively licensed to you, as an authorized user, under this Site Use Agreement. Company reserves all rights to information, data, images, files, or software, licensed or unlicensed, and does not transfer title to them or related Software to you. Company retains full and complete title to the Software, and all intellectual property rights therein to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce any textual information, images, files, data or Software to any human-perceivable form, without the exclusive written permission of Company,
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Site visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Company and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Company, or its affiliates, for all claims resulting from content you supply. Company has the right, but not the obligation, to monitor and edit or remove any activity or content, and takes no responsibility and assumes no liability for any content posted by you or any third party.
Company and its affiliates attempt to be as accurate as possible. However, Company does not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. If a product offered by Company itself is not as described, your sole remedy is to return it and its packaging in unused condition.
DISCLAIMER AND LIMITATION OF LIABILITY
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF USE FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, (NOT COMPANY), WILL ASSUME THE ENTIRE COST OF ALL RESULTING NECESSARY SERVICING, REPAIR, OR CORRECTION, IF ANY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
In no event will Company be liable to any party, for any direct, indirect, special, incidental or consequential damages for any losses associated with use of the Site, or the textual information, images, data, files, software or materials found within, including, without limitation, any lost profits, business interruption, loss of programs or other data, even if Company is expressly advised of the possibility of such damages.
RISK OF LOSS/p>
All items purchased from or through Company, the Site or related online venues are made pursuant to a third party shipment contract whereby we provide services for the delivery of your items. This means that the risk of loss and title for such items pass to you upon our delivery of your goods to the shipping carrier. To the extent you receive goods or services from Company, but have not paid for such goods or services, and subsequently fail to pay for goods or services obtained in any manner, Company, in its sole discretion, reserves the right to charge you (i) interest in the amount of 1.5% compounding monthly, or, (ii) interest in the maximum amount allowable under law, should you receive until such time all principal amounts and interest have been paid in full. Irrespective of any all affirmative defenses you may raise, you are at all times obligated to immediately pay for such goods or services obtained from Company, of whatever kind or nature.
RETURNS AND EXCHANGES
Returns for any Comfort Research products are accepted within 30 days of original purchase for buyer’s remorse as long as the item is in resellable condition. Any returns will incur a 15% restocking fee and customer must pay for return freight. Replacements will be made within 90 days for Big Joe products that have any manufacturer defect. Fuf products have a 1 year replacement warranty for any manufacturer defect. Please contact Comfort Research customer service at 866.226.2926 for details and return shipping instructions.
SHIPPING OVERSIZED PACKAGES
If your package is oversized, we may email you a quote for shipping that differs from the amounts listed on the Site. We will not ship your order until we get your approval.
PURCHASE AND PRODUCT PRICING
In the event a product is listed at an incorrect price or with incorrect information due to typographical error, an error in pricing, the item becoming out-of-stock, a photo being inaccurate, or product information or otherwise, Company shall have the right to refuse or cancel any orders placed for that product(s) listed at the incorrect price. Company shall also have the right to refuse or cancel any such orders whether or not the order has been confirmed and the user’s credit card charged. If the User’s credit card has already been charged for the purchase and his/her order is canceled, Company shall issue a credit to the user’s credit card account in the amount of the charge.
Company makes no claims that the Site is appropriate or may be downloaded outside of the United States. Access to the Site may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
COPYRIGHT AND TRADEMARK PROTECTION
All content included on the Site , such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (hereinafter referred to as “Site Content”), are the property of Company, (or its suppliers), and are protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Company and protected by U.S. and international copyright laws. In addition to the copyright protection rights afforded under Federal law, Company, together with its affiliate companies, successors and assigns, hereby reserves any and all rights pertaining to certain Federal trademark applications extending to various iterations and forms of Company’s trademarks, and such other applications as submitted hereafter. This Agreement reserves the sole and exclusive use of all Site Content, as well as use of Company Name in all forms and iterations, Trademarks, Internet domains and related Intellectual Property, as the sole and exclusive property of Company or its affiliates, as applicable, which shall not be used in any manner
COPYRIGHT AND INTELLECTUAL PROPERTY CLAIMS
Company takes all concerns related to intellectual property seriously and it is Company’s policy, at its discretion and in appropriate circumstances, to cancel, disable or terminate any user’s account if she or he infringes, is alleged to infringer, or appears to infringe the intellectual property rights of others.
If you believe that any content on our Site infringes any copyright, or any other valid intellectual property right, please provide the following information to Company’s legal council.
- A physical or electronic signature affirming that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works on our Site;
- Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please provide this information to Company’s legal council, who can be reached as follows:
Honigman Miller Schwartz and Cohn LLP
Attorneys and Counselors
350 East Michigan Avenue, Suite 300
Kalamazoo, MI 49007-3800
Due to IT concerns, no attachments can be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment may not be received or processed.
LINKS TO OTHER WEBSITES
Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites accessible from this Site, or web sites linking to this Site.
This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this website.
PROHIBITED USES OF SITE
Commercial furniture and housewares dealers, Distributors, Wholesalers, Manufacturers, together with their respective Officers, Directors, Employees, Agents, Successors and Assigns, (hereinafter referred to as “Commercial Entities”), are prohibited from using the Site for any purpose, or accessing or purchasing goods or services resulting from use of the Site. Commercial Entities improperly utilizing this Site as set forth in this Agreement in any manner, shall, without limitation, indemnify and hold Company and its affiliated entities, harmless for any and all losses or damages sustained by Company of losses or damages of whatever kind or nature, including actual attorney fees, damages, fees and court costs, resulting from any use of any information, photos, images, data, pages, goods or services obtained through the use of our web site. Any Commercial Entities who falsely represent themselves as consumers or wrongfully using the Site or undertaking the purchase of goods or services offered through the Site through any means whatsoever, including, but not limited to, purchases effected by email, instant message, facsimile, purchase order, telephone, e-commerce or any other means whatsoever, or, who undertake any act, intended or unintended, to in any way initiate, construe, allege, claim or represent any claimed violation of third party manufacturer sales distribution agreements to any party, either in oral or written form, which results in consequential losses and damages, or loss of business opportunity, shall be held legally responsible for any and all resulting losses or consequential damages sustained by Company. It is explicitly understood that Company hereby reserves its right to seek and obtain immediate temporary or injunctive relief orders against any Commercial Entities through a court of competent jurisdiction, without imposition of bond, at any time. Company further reserves its right to seek any appropriate additional consequential damages sustained through the prohibited use of the Site, any alleged act constituting tortious business interference or any other contractual breach deemed to in any way harm Company’s ability to sell any goods or service, resulting from a judicial determination by a court of competent jurisdiction as set forth in this Agreement
Any consumer related dispute relating in any way to your visit to the Site, or to goods or services purchased through Company or the Site, shall be submitted to confidential arbitration in the judicial venue within or nearest to Grand Rapids, Michigan, except that, to the extent you have in any manner violated or threatened to violate the contractual provisions of Site use and/or Company’s domain name rights, trademark, copyright, or other similar intellectual property rights, Company reserves its right to seek injunctive or other appropriate relief in any state or federal court(s) as set forth herein, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction as provided for herein. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Pending arbitration proceedings or disputes shall in no way negate any obligation to remit payment to Company.
By visiting the Site, you agree that the laws of the State of Michigan, without regard to principles of conflict of laws, will govern this Website Usage Agreement and any dispute of any sort that might arise between you and Company or its affiliates. If any terms of this agreement shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.