PLEASE READ THE FOLLOWING CAREFULLY REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS & CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
This document shall set forth the agreement ("Agreement") between you and Navien, Inc., a California corporation ("NAVIEN").These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.comfort-mate.com (the “Site”). These Terms are subject to change by NAVIEN (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion.
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products and services to you.
Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. NAVIEN makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. If an item’s correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Modifications to the Products and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the products (or any part thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the products.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in them will be corrected.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Prices and Payment Terms
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
Shipments; Delivery; Title and Risk of Loss.
We will arrange for shipment of the product(s) to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Risk of loss will pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not be liable for any delays in shipments
Returns and Exchanges
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment. There is often some processing time before a refund is posted.
Goods Not for Resale or Export.
You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.
All information, documents, products and services, trademarks, logos, graphics, and images ("Materials") provided on this Site are copyrighted and trademarked and are the property of NAVIEN, INC. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, and the laws of privacy and communication statutes.
We are granting you the limited right to display the Materials only on your personal computer for your personal use. You agree not to use the Materials for any other purpose without our prior written consent. You are not authorized to download, transmit and/or acquire content or material shown on our site. Nor do you have consent to download or upload programs that carry viruses or any computer programs or files that could damage, halt, lessen and/or discontinue or prevent the use of our electronic equipment. You are not authorized to duplicate account information or intellectual property on the Site for any reason. You do not have our consent to publish or distribute through the Site any libelous, obscene, threatening or defamatory content. You are not authorized to upload, copy or distribute and content that is illegal, abusive, invasive of privacy or may incite a criminal offense. Unauthorized use of the Site will result in immediate and permanent suspension of our consent to you.
All copyright, logos and designs (including art, drawings, text, images, videos, trademarks, service marks and trade names) are proprietary to us. or other respective owners that have granted the Site the right and license to use such intellectual property. The content as herein described, including software programs and all HTML and codes available throughout the Site, is protected by copyright, it is protected by federal and state laws and international treaty provisions.
ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF CLIQUE TO KNOW, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. We do not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also hereby agree to permit any other end user to access, view, store or reproduce the material for that end user’s personal use. You hereby grant us the right to edit, copy, publish and distribute any material made available on this Site by you. The foregoing provisions of this section apply equally to and are for our benefit, its parent companies, affiliates, merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Limited Product Warranty and Disclaimer of Warranties
NAVIEN warrants that for a period of two (2) years from the date of purchase, the product shall be free from defects in material and workmanship. If the date of purchase cannot be identified, the warranty period starts from six (6) months after the date of manufacture. Product warranty registration at www.comfort-mate.com is required to validate the warranty. The warranty shall not apply unless all requested information has been provided through the warranty registration process. At our option, we will repair or replace the product or any component of the product found to be defective during the warranty period. Replacement will be made with a new or remanufactured product or component. If the product is no longer available, replacement may be made with a similar product of equal or greater value.
The warranty is valid for the original purchaser and is not transferrable. Keep the original sales receipt as proof of purchase will be required to obtain warranty performance. This warranty does not cover normal wear of parts.
Navien's Limited Warranty shall be void in the event of an occurrence of any of the following:
OTHER THAN THE LIMITED PRODUCT WARRANTY PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY RESPECTING THE PRODUCT OR ANY PARTS OR COMPONENTS THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUYER’S SOLE AND EXCLUSIVE REMEDY IN CONTRACT, TORT OR UNDER ANY OTHER THEORY AGAINST NAVIEN RESPECTING THE PRODUCT OR ACTIONS ARISING OUT OF THIS AGREEMENT SHALL BE NO MORE THAN THE TOTAL AMOUNT RECEIVED BY NAVIEN FROM BUYER AND NO OTHER REMEDY (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES) SHALL BE AVAILABLE TO BUYER. SELLER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY WITH RESPECT TO THE PRODUCT OR ITS SALE, OPERATION AND USE, AND NAVIEN NEITHER ASSUMES NOR AUTHORIZES THE ASSUMPTION OF, ANY OBLIGATION OR LIABILITY IN CONNECTION WITH THE PRODUCT.
Limitation of Liability
In no case shall NAVIEN, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the products purchased from us, or for any other claim related in any way to your use of the products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content, products, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless NAVIEN and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees ("Indemnified Parties"), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. To the extent permitted under applicable laws, you hereby release the Indemnified Parties, as defined herein from any and all claims or liability related to any product or service of a merchant, any action or in-action by merchant, including merchant's failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our products (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use of the Materials, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
Any notice required to be given under this Agreement shall be in writing and shall be delivered or sent by first class certified or registered mail, return receipt requested, e-mail, or by any traceable delivery express courier service. Notice shall be deemed received on the date delivered. Notices to Navien shall be delivered to the following address and/or e-mail:Navien, Inc.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to firstname.lastname@example.org. You may also contact us by writing to NAVIEN, Attn: Comfort-Mate Operations Manager, 20 Goodyear, Irvine, CA 92618, or by calling us at (949) 420-0268. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You agree that: (1) any claim, dispute, or controversy you may have against NAVIEN arising out of, relating to, or connected in any way with this Agreement, this Site, or the purchase, use of any products or services, and/or any injury or damage arising out of the use of any purchased products shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held in the county of Orange, state of California, or at such other location as may be mutually agreed upon by you and NAVIEN; (3) the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the end user's and/or NAVIEN's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. For more information on AAA and its Rules and Procedures, you may visit the AAA website at http://www.adr.org.