This page states the Terms and Conditions under which a visitor may use Carpenter’s websites including carpenter.com and comforttechsleep.com (each, a “Web Site”). Please read this page carefully. By using any Web Site, you agree to be bound by all of the Terms and Conditions set forth below. If you do not accept these Terms and Conditions, please do not use this Web Site. Carpenter may, in its sole discretion, revise these Terms and Conditions at any time, therefore, you should visit this page periodically to review the Terms and Conditions.
Use of Site Material
The contents of this Web Site, such as text, graphics, images and other content (the “Site Material”), are protected by copyright under both United States and foreign laws. The names, marks and logos appearing in the Site Material are, unless otherwise noted, trademarks owned by or licensed to Carpenter. The use of these marks, except as provided in these Terms and Conditions, is prohibited. Carpenter authorizes you to view and download a single copy of the Site Material for your personal use. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy you make of such material. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose.
Limitation of Liability
Although Carpenter strives for accuracy in all elements of the Site Material, it may contain inaccuracies or typographical errors. Carpenter makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this Web Site or about the results to be obtained from using the Web Site. You use the Web Site and its material at your own risk.
CARPENTER DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE WEB SITE OR THE SITE’S MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CARPENTER SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CARPENTER AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. CARPENTER AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL CARPENTER, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEB SITE OR SITES LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CARPENTER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links
This Web Site may contain links to web sites owned by third parties. These links are provided solely as a convenience to you and are not an endorsement by Carpenter of the contents on those other sites. Carpenter is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party sites using links from this Web Site, you do so at your own risk.
Indemnity
By using this Web Site, you agree to defend, indemnify, and hold harmless Carpenter, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Carpenter may become obligated to pay arising or resulting from your use of the Site Material or your breach of these Terms and Conditions. Carpenter reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
Privacy
Please see the Carpenter Co. Privacy Policy here.
User Submissions
Carpenter welcomes your comments on our Web Site and products. However, you acknowledge that if you send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information either through our Contact page, or otherwise over the Internet (collectively, the “Information”), the Information shall be deemed, and shall remain Carpenter’s property. Generally, any communication which you post to the Web Site or transmit to Carpenter over the Internet is considered to be, and will be treated as, non-confidential. If particular Web pages permit the submission of communications which will be treated by Carpenter as confidential, that fact will be clearly stated on those pages. Without limitation of the foregoing, by submission of any Information to us, you assign to us and we shall exclusively own all now known or hereafter existing rights to such Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information.
As a user of this Web Site, you are responsible for own your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless you own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually-explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person.
Carpenter reserves both the right to expel users and prevent their further access to this Web Site for violating these terms or the law and the right to remove any communications from this Web Site.
Miscellaneous
This Web Site originates from Richmond, Virginia. Access to the Site Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you should check to make sure that your use is in compliance with the laws of your jurisdiction.
These Terms and Conditions are governed by the substantive laws of the Commonwealth of Virginia, without respect to its conflict of laws principles. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Web Site, these Terms and Conditions constitute the entire agreement between you and Carpenter with respect to your use of this Web Site.
Rev. June 2020