These Terms are entered into between you and Comfort. Neither the landlord, property manager, nor any agent of the building in which you reside is a party to these Terms. Please direct any questions or concerns regarding these Terms or the Service to Comfort using the contact information below.
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Service and, by accessing or using the Service after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Service or otherwise communicated to you.
ARBITRATION NOTICE: These Terms contain a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and Comfort will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.
Eligibility. The Service is available only to individuals living in buildings that have entered into an agreement with Comfort to allow its residents to use the Service. Additionally, your residence must be enabled with the request button provided by Comfort. If your building has entered into an applicable agreement with Comfort but the request button has not been pre-installed in your residence, you can order a request button from Comfort. Comfort is the exclusive owner of the request button. Additionally, you must have access to wireless Internet for the Service to function. If your residence is not currently set up to receive housekeeping or related services from Comfort, please consider contacting us through our web site or at [email protected].
- Term. These Terms begin upon your creation of a Comfort account and will continue in effect until the earlier of (a) your nonpayment of fees or (b) termination in accordance with these Terms.
- Intellectual Property Rights. The Service, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content is exclusively the property of Comfort or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Comfort or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Service may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as may be expressly described in these Terms, no licenses or other rights, express or implied, are granted by Comfort to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Comfort Copyright © 2021 Comfort Valet, Inc. All rights reserved.
- Restrictions on Your Use of the Service; Compliance with Laws.
- You may download and print one copy of our web sites’ visible content for your own personal noncommercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices.
- You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Service or any part of the Service without the prior written consent of Comfort. You may not use the Service for unlawful purposes. You may not access, use, or copy any portion of the Service, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You may not use the Service to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. User activities that aim to render the Service or associated services inoperable or to make their use more difficult are prohibited. You may not submit inaccurate information via the Service, commit fraud or falsify information in connection with your use of the Service, or act maliciously against the business interests or reputation of Comfort.
- You may not uninstall, disassemble, or tamper with the request button, remove the request button from your residence, or use the request button for any purpose other than as intended as part of the Service. If the request button installed in your residence is removed, lost, tampered with, disassembled, damaged, or destroyed, you must immediately notify Comfort and you will be liable to Comfort for the complete replacement cost of the request button plus the cost to install a replacement request button in your residence.
- You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Service.
- Your Account. You will be required to set up an online Comfort account in order to request housekeeping or related services through the Service. You will be required to submit certain information in order to set up your account and will be required to establish a username and password. You will be required to provide Comfort or its designees with a copy of or access to the key to your residence prior to any services being performed. If you move out of your building and into another building at which the Service is available, you can update your account with that new address. You are responsible for maintaining the confidentiality of any information you use in connection with the Service, including your username and password. In connection with your access to and use of the Service and that of any person authorized by you to access and use the Service, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. You warrant that all information you provide to us in connection with your access to and use of the Service is true, accurate, and complete to the best of your knowledge and belief. Comfort reserves the right, in its sole discretion, to terminate your use of the Service for any reason without notice or liability, including the unauthorized use of a username or password and breach of these Terms.
- Request Button. may request same-day housekeeping or related services (prior to 6:00 PM) by pressing the request button installed in your residence, which is designed to send an automated email to Comfort. Request button functionality may be customized by adjusting your account preferences.
- Policies. If you believe that theft, damage, or other loss has occurred to your residence or property, you must immediately notify Comfort and comply with any related procedures or policies posted to our web site.
- Termination. Comfort may terminate these Terms without notice if you breach these Terms, act in an abusive manner, or act in a manner inconsistent with local, state, or federal laws or regulations. Upon any termination of these Terms you must promptly cease accessing and using the Service.
- Text Messages. If you opt-in to receiving text messages on the Service when prompted, Comfort will send you text messages relating to your appointments for housekeeping and related services (e.g., when services have been completed or when you book an appointment). To stop receiving messages at any time, reply “STOP” to 305-367-1216. To receive help information, text “HELP” to 305-367-1216 or to any Comfort text message you receive. Consenting to receive text messages is not required to buy goods or services, to book an appointment, or to otherwise do business with us.
- Availability of Services. The prices and availability of services made available on the Service may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your booking, as applicable. Availability of services may be limited and some services may not be available in certain areas
- NO WARRANTY. THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. COMFORT MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL DATA, INFORMATION, AND MATERIAL ON THE SERVICE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY CAN BE GUARANTEED. COMFORT DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICE. COMFORT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. COMFORT IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SERVICE.TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMFORT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, INCLUDING THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. COMFORT HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SERVICE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SERVICE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM COMFORT OR IN ANY MANNER FROM THE SERVICE CREATES ANY WARRANTY.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMFORT, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE (INCLUDING THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE SERVICE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF COMFORT HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SERVICE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL COMFORT‘S LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnification. You will indemnify, defend, and hold harmless Comfort, its affiliates, and its and their respective directors, officers, owners, employees, representatives, consultants, agents, suppliers, and licensors from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including reasonable attorneys’ fees) that arise out of or in connection with your access to or use of the Service, your misuse of any material, data, or other information downloaded or otherwise obtained from the Service, your service bookings, your misuse of the request button, your violation of applicable laws or regulations, or your violation of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
Linking to the Service. If you operate a web site and are interested in linking to the Service: (i) the link must be a text-only link and clearly marked; (ii) the link must “point” to the URL “https://comfortvalet.com” and not to any other page; (iii) the link and its use must be in connection with a web site of appropriate subject matter; (iv) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Comfort’s names and trademarks; (v) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by Comfort; and (vi) the link, when activated by a user, must display the Service full-screen and not within a “frame.” Comfort reserves the right to revoke consent to link to the Service at any time in its sole discretion, either by amending these Terms or through other notice.
- Force Majeure. Comfort will not be liable to you for any delay or other failure to perform under these Terms that is due to causes beyond Comfort ‘s control, including acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, and other extraordinary elements of nature.
- Audit. Comfort and its designated representatives may, at their expense, audit, examine, and make copies of data, documents, information, and other records in your possession or control that relate to or concern the Service in order to determine your compliance with these Terms.
- Feedback. Comfort welcomes comments regarding the Service. If you submit comments or feedback to us regarding the Service, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
- Governing Law. These Terms are governed by the laws of the state of Illinois, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Cook County, Illinois, with respect to any dispute arising under these Terms unless otherwise determined by Comfort in its sole discretion and the parties expressly agree to the exclusive jurisdiction of those courts.
- Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read the following paragraphs carefully because they require you to arbitrate disputes with Comfort and limit the manner in which you can seek relief from us.
- Applicability. Any dispute, claim, or controversy arising out of or relating to these Terms the breach, termination, enforcement, interpretation, or validity of these Terms (together, “Disputes”) will be resolved by binding arbitration on an individual basis as described in these Terms (this “Arbitration Agreement”). But, in the event of any actual, alleged, or threatened violation of confidentiality or violation of Comfort ‘s intellectual property or other proprietary rights, Comfort may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration. This Arbitration Agreement applies to you; Comfort; Comfort’s affiliates; Comfort’s and its affiliates’ respective directors, officers, employees, owners, agents, predecessors in interest, successors in interest, and assigns; authorized and unauthorized users or beneficiaries of the Service; and any third-party beneficiaries.
- Arbitrator. Arbitration proceedings will be administered by JAMS/Endispute (“JAMS”) before an arbitrator selected pursuant to the JAMS rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties will share equally in the costs assessed for the arbitration and each party will bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration.
- Place; Federal Arbitration Act. The place of arbitration will be Cook County, Illinois, unless otherwise agreed to in writing by all parties to the arbitration. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement.
- Confidentiality. Any and all actions taken under this Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
- Time Limitation on Claims. Arbitration proceedings must be initiated within one year after any Dispute arises; otherwise, the Dispute is permanently barred.
- Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.
- Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Service.
- Notices. All notices, consents, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified or registered United States mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, where you are the recipient, upon delivery by email.
- Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and Comfort may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
Contact Us. Please direct any questions and concerns regarding these Terms to us by email at [email protected] or by telephone at 305-367-1216.