Always Think Comfort Terms of Use

By using the web site alwaysthinkcomfort.com (the “Site”), you agree to the following Terms of Use, which constitute an agreement between you and the respective owners and operators of the Site. We may change these terms from time to time. You will always be able to view the most current version by clicking on a link at the bottom of any page on the site. By using the Site, you agree to these Terms of Use. If you do not agree to all of these Terms of Use, do not use this Site.

Reference to we or us refers to the owners of the Site including any company they control (for example a subsidiary that they own).

Scope of these Terms of Use

We may have other Sites that are covered by different terms of use. The terms of use for these other Sites are available on the home page of each such Site.

Our Information

Please remember that all of the information available through the Service is intended for adults. We do not provide medical advice. If you use the Site, you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. We specifically disclaim any warranties, express or implied, including implied warranties of merchant-ability or fitness for a particular purpose. It's your job to evaluate the information and results from Site we provide. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information made available or otherwise obtained through the Site with other sources before undertaking any treatment based on it. If you are a consumer, you should evaluate the information together with your physician or another qualified healthcare professional.

The use of the Site is at your own risk and the Site is provided on an "AS IS" basis. Some information made available through the Site may be provided by Site users. We are not responsible for that information. Whether the information is provided by us, our licencors or a user of a Site owned and operated by us, neither we nor our licencors are liable for any damages resulting from your use of the information made available through the Site. Although we are selective about the organizations we link to from our respective Web sites, we don't assume any responsibility for any Web sites that are linked to or from the Site. While we welcome your feedback regarding the Site, we must make the final decisions about the content made available through the Site. If you are dissatisfied with the content of the Site, your only remedy is to stop using the Site.

Proprietary Rights

You acknowledge and agree that the Site contains proprietary information that is protected under U.S. and international intellectual property laws, including the laws of copyright and trademark. Except as expressly authorized by us or our licencors, you agree not to sell, rewrite, modify, redistribute, create derivative works from the Site content in whole or in part.

You may look at the Site online, download individual pages to your personal or handheld computer for later reading, and even print a copy of pages for yourself. You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these Terms of Use. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

Linking to Us

Usually, we don't mind if you include a simple link from your site to the Site. However, you must first ask our permission if you intend to frame the Site or incorporate pieces of it into a different site or product in such a way that is not clear to our users that we are the source of the content. You are not allowed to link to us if you engage in the publication or promotion of illegal, obscene, or offensive content, or if the link in any way negatively impact on our reputation.

Information that You Provide to the Site

When you upload materials or information to areas of the Site that are publicly available, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display that information in connection with the Service. We will consider requests to remove information that you make publicly available through the Site on an individual basis (contact us at the email address we provide at the end of this document). For information and

materials you upload to areas of the Site that are not publicly available, please see our Privacy Policy for an explanation of how we use that information and your rights to change or delete it. We provide the link to our privacy policy later in this document. We ask that you not post any messages with misleading, false, or inappropriate language or statements. We reserve the right to remove any content that we deem offensive or fraudulent at any time without your consent.

Children's Privacy

We are committed to protecting the privacy of children. You should be aware that the Service is not intended or designed to attract children under the age of 13.

Laws that Govern this Agreement

We control the Site from our offices within the state of New Jersey in the United States of America. The Site can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access the Site may differ, by

accessing the Site, you and we agree that the statutes and laws of the state of New Jersey, without regard to choice of laws principles, will apply to all matters relating to use of the Site. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We do not make any representation that materials made available through the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Acceptance Procedure

By accessing materials through the Site or registering you agree with all the terms and conditions of these Terms of Use. We reserve the right, in our sole discretion, to change these Terms of Use from time to time, and your continuing use of the Site constitutes your acceptance of and agreement to any changed terms and conditions.

Privacy Policy

We pay special attention to privacy issues. The purpose of our privacy policy is to identify the information we may collect about you, describe the uses we may make of your information and the security measures we take to protect it, and describe your options for controlling your information. You can review our privacy policy for the Service at www.alwaysthinkcomfort.com.

Consequences

We may take any legal action we think is appropriate. If your violation of these Terms of Use causes harm to others, you agree to hold us harmless against any liability for that harm. If there is any dispute between us concerning these Terms of Use or your use of the Site, you and we agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be New Jersey.

Indemnity

You agree to defend, indemnify, and hold us, our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Notice and Take Down Procedures and Copyright Agent

If you believe any materials accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from the Site by contacting the copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material

3. Your name, address, telephone number and (if available) e-mail address.

4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

The agent for copyright issues relating to the Service is as follows:Francine Hoh or fax the copyright agent at (862) 345-3363.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringes.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the Site, these Terms of Use constitutes the entire agreement between you and us with respect to your use (and prior use) of the Site.

Questions or Concerns about Our Terms of Use

For questions or concerns about these terms of use, please send an email to Revision date: 10/2017

[email protected]