Terms of service
TERMS OF SERVICE
Live Comfort Store
OVERVIEW
Welcome to Live Comfort Store! The terms "we", "us" and "our" refer to Live Comfort Store. Live Comfort Store operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Live Comfort Store is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device settings. We do not warrant that the quality of any products purchased will meet your expectations. All descriptions of products are subject to change at any time without notice at our sole discretion.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Live Comfort Store reserves the right to accept or decline your order for any reason. Your order is not accepted until Live Comfort Store confirms acceptance. Your purchases are subject to return or exchange solely in accordance with our Refund Policy at https://livecomfort.store/policies/refund-policy.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs or import charges.
You agree to provide current, complete and accurate purchase and payment information for all purchases. You agree to promptly update your account information so that we can complete your transactions and contact you as needed.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, images, graphics, and audio, are owned by Live Comfort Store, its affiliates or licensors and are protected by U.S. and foreign intellectual property laws. You must not reproduce, distribute, modify, or transmit any material on the Services without our prior written consent. All rights not expressly granted herein are reserved by Live Comfort Store.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control. We provide access to such tools "as is" and "as available" without any warranties or endorsement. Any use of optional third-party tools is entirely at your own risk.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for examining or evaluating the content or accuracy of any third-party websites. We are not liable for any harm or damages related to your access of third-party websites or purchases made through them.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Live Comfort Store is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Live Comfort Store. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Live Comfort Store. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Live Comfort Store.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed at https://livecomfort.store/policies/privacy-policy. By using the Services, you acknowledge that you have read our privacy policy.
SECTION 11 - FEEDBACK
If you submit any ideas, suggestions, feedback, or reviews, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such feedback for any purpose. You are solely responsible for any feedback you submit and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors and to change or update information at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful purpose; (b) to violate any regulations, rules, or laws; (c) to infringe upon intellectual property rights; (d) to harass, abuse, or harm any person; (e) to transmit false or misleading information; (f) to transmit spam or unsolicited solicitations; (g) to impersonate any person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use of the Services.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL LIVE COMFORT STORE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Live Comfort Store, Shopify, and our affiliates, partners, officers, directors, employees, agents, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and us and govern your use of the Services.
SECTION 20 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of North Dakota. You and Live Comfort Store consent to venue and personal jurisdiction in such courts.
SECTION 21 - CHANGES TO TERMS OF SERVICE
We reserve the right to update, change, or replace any part of these Terms of Service at any time. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
Live Comfort Store livecomfort.store@gmail.com 36 4th Street SE Dickinson, ND 58601