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Terms of Use

Last Modified: September 2016

Komfort Kardz Terms of Use Agreement

 

Welcome to Komfort Kardz. This website is operated by KomfortKardz.com (“we,” “us,” “our,” or “Komfort Kardz”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”) apply to our users’ (“you” or “your”) use of our website (“Site”), whether accessed via computer, mobile device or otherwise.

Your use of our Site means that you accept and agree to these Terms of Use. If you do not agree to these Terms or our Privacy Policy, do not use or access the Site.

We may revise and update these Terms of Use from time to time in our sole discretion, and will post any updates to the Terms of Use on the Site. Your continued use of our Site, or any other service provided through komfortkardz.com, means that you accept and agree to the modified Terms of Use.

Acceptable Use

While Komfort Kardz does not monitor your use of the Site, it reserves the right to investigate reports of misuse of the Site and our services. You are prohibited from transmitting the following to, on or through the Site:

  • Harassing, abusive or threatening messages;
  • Obscene or pornographic messages;
  • Defamatory or libelous messages;
  • Viruses of other harmful, disruptive or destructive files; or
  • Illegal or fraudulent messages or messages which promote illegal or fraudulent conduct.

You may not use the Site to:

  • Conceal or misrepresent, or attempt to conceal or misrepresent, the identity of the sender;
  • Advertise or promote a product or services except those provided on the Site;
  • Misrepresent yourself or impersonate any other person, user or company;
  • Publicly share or disseminate any other person’s personal information (including, without limitation, address, phone number, email address, credit card number, or any other information that may be used to track, contact, or impersonate that individual); or
  • Damage the Site or anyone’s computer.

You are solely responsible for your actions and any communications you transmit using the Site. We retain the right to prohibit your use of the Site for violation of these Terms.

Purchase of Cards

The purchase and delivery of electronic cards will require you to pay a fee. You agree to pay the amount shown to you during the checkout process and understand that any electronic card purchase through the Site in nonreturnable.

Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Our content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use Site content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any Site content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by these Terms.

Digital Millennium Copyright Act Policy

Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA).

If you believe that any content on the Site infringes on the intellectual property of a third party, you may send it to: bonnie@komfortkardz.com or Komfort Kardz, 12152 Cabot Ave, Dundas, MN 55019. To submit a claim, you must identify your full name, mailing address and phone number, a description of the copyrighted work that has been infringed, a description of the content on the Site that infringes upon the copyright, and a declaration that: (i) you, in good faith, believe the information is infringing on the copyright of a third party, (ii) the information you include in your notice is accurate, and (iii) you are authorized on behalf of the copyright owner to submit the claim. You may not submit a copyright claim on behalf of another individual or organization with which you have no affiliation.

Links to Other Websites and Connecting through Social Media

The Site may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. Inclusion of any linked website on the Site does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the Site to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.

Indemnification

You agree to indemnify, defend and hold harmless Komfort Kardz, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site, your violation of these Terms, your violation of any rights of a third party or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Electronic Communications

Visiting the Site, sending a card through the Site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us follow the “unsubscribe” link on the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account.

Warranty and Limitation of Liability

KOMFORT KARDZ AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KOMFORT KARDZ AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KOMFORT KARDZ AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, THE APPLICATION OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KOMFORT KARDZ OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Governing Law, Venue and Jurisdiction

These Terms shall be treated as though they were executed and performed in Minnesota, and shall be governed by the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the Site or under these Terms of Use, the Privacy Policy, and any legal notices on the Site must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.

Miscellaneous Terms

These Terms of Use, together with our Privacy Policy are the entire agreement between you and us related to your use of the Site.

Contact Information

To contact us, email us at bonnie@komfortkardz.com.