Terms & Conditions
Effective Date: November 12, 2021
1. Ownership of Site, Site Content, and Trademarks
1. The Site is owned and operated by Comfort Crew of Military Kids, a nonprofit educational organization with charitable, tax-exempt status, and with offices at 8127 Mesa Dr. Ste B206 #117. The Comfort Crew for Military Kids, Comfort Crew Academy and/or its subsidiaries, affiliated companies, distributors, vendors, contractors, licensors and/or licensees (collectively "Comfort Crew") own the copyright in all elements of the Site and all related intellectual property rights, including, but not limited to all trademark rights, patent rights and moral rights. The elements of the Site (collectively, "Site Content") include without limitation the content, software, code, data, art, graphics, animation, photographs, images, text, music, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress and stylistic convention of the Site. Your use of the Site does not give you ownership of any Site Content.
2. Use of Site
2. You may access and view the Site Content only for your personal, noncommercial use on a single computer or other Internet compatible device to enable you to use the Site, provided that you do not remove or alter any copyright or other legal notices from the Site or any Site Content. You may not (except where we have given you express permission or you are otherwise permitted by law) modify, copy, distribute, download, upload, post, broadcast or transmit, display, disassemble, perform, reproduce, publish, license, decompile, reverse engineer, create derivative works from, transfer, sell, or make other use of any of the Site Content. Any use of the Site Content, other than as explicitly permitted in this paragraph, is unauthorized and may be a violation of copyright or other proprietary rights or other applicable federal or state laws of the United States or other countries.
You acknowledge and agree that your access to and use of the Site, the Site Content and the services provided through the Site are valuable benefits that you receive by agreeing to and complying with the terms and conditions of this Agreement.
3. User Information
Prohibited User Conduct
You warrant and agree that, while accessing or using the Site, you will not:
• impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site or Comfort Crew Academy or the Comfort Crew;
• insert your own or a third party’s advertising, branding or other promotional content into any of the Site Content, materials or services;
• obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site;
• engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
• use the Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
• use the Site or their services in violation of the intellectual property or other proprietary or legal rights of Comfort Crew Academy or the Comfort Crew or any third-party.
• use the Site or its services in violation of any applicable law; or
• attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or their services.
You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Site.
4. 3rd- Party Sites
4. Links from the Site to Third Party Sites
- Links To the Site from Third Party Sites
- You agree that if you include a link from any other website to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any image hosted on the Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to link from any other website to the Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may require that any link to the Site be discontinued, and to revoke your right to link to the Site from any other website at any time.
- Right to Monitor and Editorial Control
- Comfort Crew Academy and the Comfort Crew reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site or through the Site’s services or features by users, and Comfort Crew Academy and the Comfort Crew are not responsible for any such materials posted by users. However, Comfort Crew Academy and the Comfort Crew reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the sole discretion of Comfort Crew Academy and the Comfort Crew which are objectionable or in violation of this Agreement, the policies of Comfort Crew Academy and the Comfort Crew or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or services without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.
- You agree to indemnify and hold harmless Comfort Crew Academy and the Comfort Crew, and their respective affiliates, directors, officers, employees and agents from and against any and all claims, liabilities, and expenses (including reasonable legal fees) that may arise from your use of the Site in any way, your placement or transmission of any message, content, information, software or other materials on, to, or through the Site or your violation of law or breach of the terms of this Agreement. Comfort Crew Academy and the Comfort Crew reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of any such claims by Comfort Crew Academy and the Comfort Crew.
5. General Disclaimer of Liability
5. Comfort Crew Academy controls and operates the Site from offices in the United States of America. We make no representation that Site Content is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if and to the extent such laws and restrictions are applicable.
The Site provide information of a general nature only and you are responsible for determining whether it applies to your specific situation. Comfort Crew Academy specifically disclaims any liability concerning any action that any person may take based on any information or guidance provided on the Site.
Comfort Crew Academy does not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Site or any of the Site Content. Comfort Crew Academy is not liable for any errors, omissions, or inaccurate Site Content on the Site.
THE SITE AND THE SITE CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. COMFORT CREW ACADEMY DOES NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. COMFORT CREW ACADEMY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy and security of data input and output.
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL COMFORT CREW ACADEMY OR THE COMFORT CREW BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COMFORT CREW ACADEMY OR THE COMFORT CREW BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS). IN NO EVENT SHALL COMFORT CREW ACADEMY’S OR THE COMFORT CREW’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR FOR ANY OF YOUR ACTIVITIES ON THE SITE.
You agree that Comfort Crew Academy may assign any of its rights and/or transfer, sub-contract or delegate any of its obligations under this Agreement. This Agreement is personal to you, and you may not transfer or assign it to a third-party.
This Agreement is governed by and is construed in accordance with the laws of the State of Texas, U.S.A, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts in Travis County, Texas, U.S.A. in all disputes arising out of or relating to your use of the Site. Notwithstanding the foregoing, Comfort Crew Academy shall have the right to bring action against visitors of the Site in courts of competent jurisdiction in the jurisdiction in which such visitors reside or are located: (i) to seek injunctive relief against such visitor, (ii) to obtain a judgment against such visitor where a judgment by a United States court will, or may, not be enforced by the jurisdiction in which such visitor resides or is located, or (iii) to enforce a judgment obtained against such visitor in a Texas court.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any part of this Agreement is determined to be invalid or unenforceable under applicable law including but not limited to the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you and Comfort Crew Academy with respect to the Site and it supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Comfort Crew Academy with respect to the Site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted in this Agreement are reserved to Comfort Crew Academy.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site Comfort Crew Academy without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at firstname.lastname@example.org.
13. Orders and Provision of Services
- 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Comfort Crew Academy and you.
- 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
- 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
- 13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
- 13.2.3 Relevant times and dates for the provision of the Services;
- 13.2.4 User credentials and relevant information for accessing those services.
- 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
- 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
- 13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
- 13.6 Comfort Crew Academy shall use all Our reasonable endeavors to provide the Services with reasonable skill and care, commensurate with best trade practice.
- 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
- Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
- 13.8 Comfort Crew Academy provides technical support via our online support forum and/or email. Comfort Crew Academy makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
14. Cancellation of Orders and Services
We want you to be completely satisfied with the Products or Services you order from Comfort Crew Academy. If you need to speak to us about your Order, then please contact customer care on [PHONE NUMBER], or by email at Comfort Crew Academy or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
- 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Comfort Crew Academy and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: ComfortCrewAcademy@ComfortCrew.org Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
- 14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
- 14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
- 14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
- 14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
16. How We Use Your Personal Information (Data Protection)
- 16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
- 16.2 We may use your personal information to:
- 16.2.1 Provide Our Services to you;
- 16.2.2 Process your payment for the Services; and
- 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- 16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
- 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
- 17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- 17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- 17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
18. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of the Website
- 19.1 The Website is provided “as is” and on an “as available” basis. Comfort Crew Academy uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
- 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- 20.2 Nothing in these Terms and Conditions excludes or restricts Comfort Crew Academy liability for death or personal injury resulting from any negligence or fraud on the part of Comfort Crew Academy
- 20.3 Nothing in these Terms and Conditions excludes or restricts Comfort Crew Academy's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
- 20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Comfort Crew for Military Kids.
- 24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to 8127 Mesa Dr. B206 #117. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- 24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
25. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Comfort Crew for Military Kids shall be governed by and construed in accordance with the Law of England and Wales and Comfort Crew for Military Kids and you agree to submit to the exclusive jurisdiction of [COUNTRY].