Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE
By using the ComfyWalk.com website (the "Site"), you agree to follow and be bound by these terms and conditions of use (the "Terms and Conditions") and agree to comply with all applicable laws and regulations. In these Terms and Conditions, the words "you" and "your" refer to each customer or Site visitor, "we", "us", and "our" refer to ComfyWalk.com and "Services" refers to all services provided by us.
It is your responsibility to review these Terms and Conditions periodically. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site. We may revise these Terms and Conditions at any time and from time to time by posting a notice on the Site. If you have any questions about these Terms and Conditions, please contact customercare@comfywalk.com You are responsible for periodically reviewing changes to this Site, which you can do by clicking on the "Terms and Conditions.” You agree that your continued use of the Site following any changes to the Terms and Conditions constitute your acceptance of such changes and your intention to be bound by the Terms and Conditions. If you do not agree to such changes, your sole remedy is to discontinue use of the Site.
YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION IN PARAGRAPH 14 THAT AFFECTS YOUR RIGHTS TO SUE UNDER THE AGREEMENT.
Please also refer to the ComfyWalk.com Privacy Policy which is incorporated herein by reference, which constitute the entirety of the agreement between us and you, the Site visitor.
ComfyWalk.com strives to keep its documents, study guides, test materials, checklists and developed forms accurate, current and up to date. However, because the law changes rapidly, ComfyWalk.com cannot guarantee that all of the information on the Site is completely current, correct or up to date.
From time to time, ComfyWalk.com may perform certain services and introduce our visitors to various services, products and offers through various methods, including but not limited to: (i) third-party listings, (ii) third-party advertisers, and (iii) third-party services. At no time is ComfyWalk.com responsible to you or liable to you for the accuracy or performance of any such listings, products and/or services.
- ComfyWalk.com respects your privacy. A complete statement of ComfyWalk.com's current Privacy Policy can be found by clicking here. ComfyWalk.com's Privacy Policy is expressly incorporated into this Agreement by reference.
- In connection with the use of certain ComfyWalk.com products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant ComfyWalk.com a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service.
- There are instances in which ComfyWalk.com might use the personal information that you voluntarily submit internally. In addition, we may disclose your personal information as described below to our agents, third-party partners, affiliates, and subsidiaries to enable them to perform functions on our behalf. These functions may include, but are not limited to: order or service fulfillment, and/or e-mail distribution. These companies are only permitted to share, store and/or use personally identifiable information for contracted business purposes.
- All rights, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, designs, materials, compilations, sounds and images (the "Materials") are owned either by ComfyWalk.com or by our respective third-party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by ComfyWalk.com, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way, and nothing on this Site shall be construed to confer any license under any of ComfyWalk.com's intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are reserved by ComfyWalk.com. Notwithstanding anything herein to the contrary, ComfyWalk.com makes no claim to the exclusive right to use the “DMV” acronym.
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Links to Third Party Sites. This Site may contain links to Websites controlled by parties other than ComfyWalk.com (each a "Third Party Site"). ComfyWalk.com works with a number of partners and affiliates whose sites are linked with ComfyWalk.com. ComfyWalk.com is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Website accessed from a Third Party Site or any changes or updates to such sites. ComfyWalk.com makes no warranties, guarantees or representations about the content or quality of the products or services provided by such Third Party Sites. ComfyWalk.com is not responsible for webcasting or any other form of transmission received from any Third Party Site. ComfyWalk.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ComfyWalk.com of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that ComfyWalk.com is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.We have no control over the content and performance of these partner and affiliate Third Party Sites and make no guarantees, representations or warranties about the accuracy, currency, content or quality of information provided by such sites, any products or services provided by such websites, any results that may be obtained from using such websites, the legality of the products or services provided by such sites, or the privacy or other practices of such Websites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
- UNLESS EXPRESSLY SO STATED, THE INCLUSION OF A LINKED SITE IS FOR YOUR CONVENIENCE ONLY AND IS NOT INTENDED AND SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OR RECOMMENDATION OF THE LINKED SITE OR ITS CONTENT. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY SITES LINKED TO THIS SITE, INCLUDING THOSE THAT WE RECOMMEND, YOU DO SO ENTIRELY AT YOUR OWN RISK, AND OUR RECOMMENDATION DOES NOT CONSTITUTE A GUARANTY OR WARRANTY OF THEIR SERVICES OR PRODUCTS. ComfyWalk.com AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, INFORMATION THAT YOU MIGHT BE REQUESTED TO GIVE ANY THIRD PARTY SITE. ComfyWalk.com IS NOT RESPONSIBLE FOR ANY ORDER, ENTRY, FULFILLMENT, PAYMENT PROCESSING, SHIPPING, CANCELLATIONS, RETURNS OR CUSTOMER SERVICE CONCERNING ORDERS OF PRODUCTS OR SERVICES FROM THIRD PARTY SITES OWNED OR OPERATED BY ANY THIRD PARTY.
- Additional Terms. Some ComfyWalk.com Services may be subject to additional posted guidelines, rules or terms of service ("Additional Terms") and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms and Conditions and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms and Conditions will control.
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NO WARRANTY. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMFYWALK.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- COM MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
- OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. COMFYWALK.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL COMFYWALK.COM, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSS, INJURY, CLAIM, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF COMFYWALK.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- You agree to defend, indemnify and hold harmless ComfyWalk.com, our officers, directors, shareholders, employees, affiliates, representatives and agents from and against any and all claims or threatened claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site, the Forms and the Materials or ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS CONTAINED HEREIN OR A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THIS SITE AND/OR YOUR USE OF THE MATERIAL IN VIOLATION OF THESE TERMS OR FOR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS. YOU WILL COOPERATE AS FULLY AS REASONABLY REQUIRED IN DEFENSE OF ANY SUCH CLAIM. ComfyWalk.com RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF ComfyWalk.com.
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Compliance with Intellectual Property Laws. When accessing ComfyWalk.com you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using our Site.
- com has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of ComfyWalk.com or of a third party or that violate intellectual property rights generally. ComfyWalk.com's policy is to remove such infringing content or materials and investigate such allegations immediately.
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Inappropriate Content. When accessing the Site or using ComfyWalk.com, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.
- com reserves the right to terminate or delete such material from its servers. You are prohibited from violating or attempting to violate any security features of this Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of this Site, or any associated network or system, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, flooding, spamming, mail bombing, or crashing; (d) using this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information of any e-mail; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by ComfyWalk.com in providing this Site. Any violation of system or network security may subject you to civil and/or criminal liability. ComfyWalk.com will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions or of any applicable laws.
- Personal Use. The site is made available for your personal use on your own behalf.
- Minors under 13 years of age are not eligible to use the Site and we ask that they do not submit any personal information to us.This Site does not direct any of its content at children under 13 years of age. If you are under 13, please do not attempt to register as a member or send any information about yourself to us. We do not knowingly collect personal information from children under the age of 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account. If you become aware that a child has provided us with personal information without parental consent, please contact us. This Site understands and is committed to respecting the privacy of children online.
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Governing Law; Venue; Dispute Resolution.
- DISPUTE RESOLUTION BY BINDING ARBITRATION:
- Please read this carefully. It affects your rights.
- Summary: In the unlikely event that ComfyWalk.com's customer service department is unable to resolve a complaint you may have to your satisfaction (or if ComfyWalk.com has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.All disputes arising out of or relating to this Agreement or your use of this Site shall be subject to binding arbitration in Miami, Florida, in accordance with the rules of the American Arbitration Association (“AAA”). The arbitrator shall apply the substantive laws of the State of Florida without regard to its choice of law provisions. Any award rendered thereon by the arbitrator shall be final and binding on the parties and may be enforced as a judgment by any court of competent jurisdiction. You agree that, by entering into this Agreement, you and us are each waiving the right to a trial by jury or to participate in a class action.
- SEVERABILITY/WAIVER. If a court of competent jurisdiction finds any term or condition in these Terms and Conditions to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence.
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You acknowledge that you are authorized to purchase any of the goods or services offered on this Site. You understand that the sale will take place between You and ComfyWalk.com or one of its affiliates. You further agree that any purchases made will be done with an authorized credit card, issued to you, of which you have full legal approval and capacity to purchase said products. Furthermore, you acknowledge that the purchased material and governmental forms are delivered over the Internet and may be delivered in Abobe Flash or in Adobe PDF format ONLY and will not be delivered through any "offline" methods, including but not limited to US Postal mail or facsimile. You acknowledge that the ComfyWalk.com is not responsible for any computer software or hardware problems, including but not limited to printing the guides, opening and viewing the guides and zooming and changing guide colors and that it is your responsibility to seek third-party assistance in the event of any problems outside of delivery (via the Internet) of any purchases by ComfyWalk.com.
- You agree that you may download certain Services and that you are authorized to purchase any of the goods or services offered on this Site when available on the Site such as, toolbars and other custom tailored features to enhance your internet experience.
- BY USING COMFYWALK.COM'S SERVICES OR ACCESSING THE COMFYWALK.COM SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.