Last updated: February 24, 2023
Introduction
Welcome to the Xtreme Comforts® Seat Cushion, Pillow website (the “Site”). This Site is owned and operated by Xtreme Comforts LLC (“Xtreme Comforts”, “we” or “us”). These Terms and Conditions set forth the terms and conditions under which you may access and use our Site and shop for our products.
Please read these Terms and Conditions and our Privacy Policy carefully before using this Site so that you understand your rights and responsibilities. By accessing or using this Site, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not accept these Terms and Conditions and our Privacy Policy, you may not access or use this Site.
We may periodically make changes to these Terms and Conditions. It is your responsibility to review these Terms and Conditions each time you access or use our Site to ensure you are aware of any changes. Your continued use of this Site constitutes your agreement to the revised Terms and Conditions.
If you do not agree to these Terms and Conditions, do not access or use this Site.
Use of Site
Eligibility: This Site is intended for use only by individuals who are 18 years of age or older. If you are under 18, you may not access or use this Site.
Account Registration: Certain features or services offered on or through this Site may require you to register an account. When you register an account, you agree to provide accurate and complete information about yourself. You are solely responsible for any activity that occurs in connection with your account. You must keep your account password secure and not share your account information with any third party.
Proprietary Rights: This Site contains proprietary trademarks, service marks, graphics, information, content, and other materials owned by Xtreme Comforts or its licensors (collectively referred to as “Content”). The Content is protected by copyright, trademark, and other intellectual property laws. You may view, print, download, and use the Content on this Site subject to these Terms and Conditions.
Restrictions on Use: You agree not to:
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, or profane material.
- Violate, plagiarize, or infringe the rights of us or third parties including copyright, trademark, patent, trade secrets, rights of publicity, or privacy.
- Use this Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or that could damage, disable, overburden, or impair the functioning of the Site.
- Introduce any virus, worm, spyware, or other malicious code into this Site.
- Post or transmit any material that contains software viruses or other harmful computer code, files, or programs.
- Disable, bypass, modify, defeat, reverse-engineer, decompile, disassemble, tamper with or circumvent any security technology or measures used by the Site.
- Attempt to probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
- Access or tamper with non-public areas of the Site or our computer systems.
- Interfere with or disrupt any servers or networks connected to the Site.
- Use any data mining, scraping, bots, crawlers, or similar data gathering, mining, or extraction methods.
- Gain unauthorized access to the Site or to accounts registered by other users.
No Endorsement: This Site may link you to other sites on the Internet or include third-party content. We do not endorse or make any representations about third-party sites or content. Your use of third-party sites is at your own risk and subject to the terms and conditions of use for such sites.
User Content
If you submit, post, upload, embed, display, communicate, link to, email, or otherwise distribute or publish any review, comment, suggestion, idea, photo, video, audio, design, information, or other content (“User Content”) on or through this Site, you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable, and transferable license to use, copy, modify, distribute, publish, and prepare derivative works of the User Content in any manner, media, or format now or later developed.
You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize us to use all copyright, trademark, or other proprietary rights in and to any User Content to enable inclusion and use of the User Content in the manner contemplated by us and these Terms and Conditions; and (ii) the User Content, and the use of the User Content as contemplated herein, does not and will not infringe, violate, or misappropriate any third party’s copyright, trademark, or other intellectual property or proprietary rights.
Products
Product Descriptions: We strive to describe our products as accurately as possible on the Site. However, we do not warrant that the product descriptions, colors, information, or other content available on the Site is accurate, complete, reliable, current, or error-free. The inclusion of any products on the Site does not imply or warrant that these products will be available at any time.
Product Pricing: All product prices posted on the Site are subject to change without notice. Price changes will not affect any orders that have been confirmed by us. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. Applicable taxes and charges will be added to your purchase price. We aim for our pricing to be highly competitive, but product prices may differ from our competitors.
Product Availability: We work hard to keep our Site up to date with current product availability. Unfortunately, products may sell out from time to time. We cannot guarantee availability of any product. If a product you order becomes unavailable before your order ships, we will contact you to discuss a reasonable substitute or cancellation.
Product Descriptions Errors: We make a concerted effort to provide fully accurate product descriptions. However, we are human, and therefore do not warrant or guarantee that all product descriptions are current, complete, reliable, accurate or error-free. If a product offered by us fails to match its description, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.
Orders and Payment
Order Acceptance: All orders are subject to acceptance and confirmation by us. We may decline to accept or cancel any order in our sole discretion.
Shipping and Handling: Shipping and handling charges will be displayed on the checkout page before your order is confirmed. We try to ship all in-stock items within 1-2 business days of order confirmation. Some factors that can delay shipments include payment verification delays and out-of-stock items.
Taxes: Applicable taxes will be added to your purchase price and reflected in your order total at checkout.
Payment Processing: Payment processing services are provided by third-party payment processors, such as Stripe and PayPal. If you choose to pay using an online payment account or service (e.g. credit card, debit card, PayPal, etc.), you authorize us, our payment processor, and issuing bank to charge your selected payment instrument for the total amount of your purchase, including all applicable taxes and fees.
Automatic Renewal (Subscription Products Only): If you purchase a subscription product on this Site, it will automatically renew at the end of each subscription period UNLESS you cancel your subscription. You will be notified of any price changes prior to renewal so that you may cancel if you do not wish to continue at the new price. If you wish to cancel your subscription, you can cancel anytime by emailing [email protected] or adjusting your settings in your account. Please refer to the cancellation terms provided with each subscription product for more details on cancellation terms.
Returns and Refunds
If you are unsatisfied with one of our products for any reason, you may return it to us within 30 days of purchase for a full refund of the purchase price, minus shipping and handling costs. Products must be returned in new, unused, unopened condition in original packaging. Please email [email protected] to initiate a return and obtain a return merchandise authorization (RMA) number prior to shipping the product back to us. Customers are responsible for all return shipping costs.
Sale Items: All sales on this Site are final, and sale items are not eligible for returns or refunds unless the item is defective as determined by Xtreme Comforts.
Defective or Incorrectly Shipped Items: If any product you receive arrives defective or damaged, or if we incorrectly shipped your order, please contact us at [email protected] as soon as possible and we will determine the appropriate resolution for the issue, which may include refund, exchange, or return/replacement of the product.
Please note that these return and refund terms only apply to purchases made directly from Xtreme Comforts. If you purchase Xtreme Comforts products from an authorized reseller, you will be subject to the reseller’s return and refund policies. If you are unsure if you are purchasing directly from Xtreme Comforts or an authorized reseller, please contact us.
Disclaimers and Limitation of Liability
Medical Disclaimer: The information on this Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other medical professionals. You should not use the information available on or through this Site to diagnose or treat a health problem or disease. Only a qualified medical professional can determine if you have a medical problem and prescribe appropriate treatment. You should always consult with your health care provider prior to taking any product purchased from this Site or making any changes to your diet, exercise routine, or lifestyle.
Warranty Disclaimers: THIS SITE AND OUR PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE TAKE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THIS SITE.
Limitations of Liability: IN NO EVENT SHALL XTREME COMFORTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES. THEREFORE, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold harmless Xtreme Comforts including our affiliates, vendors, and agents and their respective directors, officers, managers, employees, shareholders, agents, from and against all claims, damages, obligations, losses, liabilities, costs, or debt, expenses (including legal fees) arising from: (i) your violation of any term in these Terms and Conditions; (ii) your violation of any third party right, including any copyright, trademark, or other property right; or (iii) any claim that your User Content caused damage to a third party. This defense and indemnification obligation survives these Terms and Conditions and your use of this Site.
Ability to Accept Terms and Conditions
You affirm that you are at least 18 years of age or have reached the age of majority where you live, and are fully able and competent to enter into and abide by these Terms and Conditions.
General Provisions
Electronic Communications: When you access or use this Site, or communicate with us, you consent to receiving communications electronically from us. Please note that we may communicate with you by email, text message, messenger applications, social media messaging platforms (such as Facebook Messenger), phone, fax, or other electronic means. All agreements, notices, and communications that we send to you electronically will satisfy any legal requirements that such communications be in writing.
Governing Law: These Terms and Conditions are governed by the laws of the State of Tennessee without regard to conflict of law principles. Any dispute related to these Terms and Conditions shall be resolved exclusively by the state and federal courts located in Nashville, Tennessee. You consent to the jurisdiction of such courts and agree not to bring or support any claim in a different venue.
Severability: If any provision of these Terms and Conditions is found illegal or unenforceable, that term will be excluded to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect.
Waiver: Our failure to exercise or enforce any right or provision in these Terms and Conditions does not constitute a waiver of such right or provision.
Entire Agreement: These Terms and Conditions constitute the entire agreement between you and Xtreme Comforts with respect to this Site and supersede all prior or contemporaneous agreements whether written or oral. The section headings herein are for convenience only and have no legal or contractual effect.
Contact Us
If you have any questions about these Terms and Conditions or our Site, please contact us at:
Xtreme Comforts LLC
123 Main St
Nashville, TN 37201
Email: [email protected]
These Terms and Conditions were last updated on February 24, 2023.