ACKNOWLEDGE OUR PRIVACY NOTICES
By accessing or using the Service, you acknowledge the terms of the Privacy Notice(s) that are posted at https://privacy.leggett.com/privacy-notices, as the same may be updated from time to time in our sole discretion (“Privacy Notice(s)”). The Privacy Notice(s) describes our data privacy practices as they relate to this Service, including what information is collected, how it is used, protected and shared, and rights you may have to access and control your personal information. You acknowledge that you have received, read and understand the applicable Privacy Notice(s). If you have any queries about the Privacy Notice(s), please contact our Privacy and Data protection team at email@example.com.
USE OF THE SERVICE
The Service is not directed to children under the age of sixteen (16). Persons under the age of 16 are not permitted to access or use the Service unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the Service.
You may only connect to the Service using (i) a Comfort Connect-Enabled Device that is manufactured, distributed, or sold by the Company itself or through its authorized third-parties, resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software, or devices; or (iii) our websites (each of the foregoing, an “Authorized Connection”). Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact LPComfortConnect@leggett.com.
CREATING AN ACCOUNT
To access and use the Service, you are required to create an account by providing us with certain registration information and other information, such as your full name, a valid email address, and a strong password. It is a condition of your use of the Service that all the information you provide is correct, current and complete. You agree that all information you provide to register for the Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Notice(s).
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you shall treat such information as confidential, and you may not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are responsible for all activity that occurs in association with your account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please report any known or suspected security breach related to the Service or your account to LPComfortConnect@leggett.com.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
When you use the Service, or send us e-mails or other communications, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Full use of the Service is dependent upon your use of a device with adequate software and Internet access. Though not necessary, you may also elect to participate in a home system automation platform to enhance the Service. The maintenance of and security features associated with such equipment or a platform may influence the performance of the Service and it is your responsibility to ensure the equipment’s and the platform’s functionality and compliance with applicable law, including any reasonable security features. You are responsible for all Internet access charges as well as any charges for accessing Third-Party Services (defined below). Please check with your Internet provider or providers of Third-Party Services (defined below) for information on possible additional usage charges.
LEGGETT & PLATT'S RIGHTS
“Leggett & Platt Content” includes any photos, images, graphics, video, audio, data, text, music, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Service. Leggett & Platt Content, the Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service. Our logos and any other Leggett & Platt trademarks that may appear on the Service, and the overall look and feel of the Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
WHAT YOU CAN DO ON THE SERVICE
Leggett & Platt grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Service, (2) access and view the Leggett & Platt Content, (3) access and use the software and mobile applications provided by the Service, and (4) use the software that is embedded into Comfort Connect-Enabled Devices as authorized in these Terms. With respect to items (3) and (4), this license includes any third-party software embedded in any Comfort Connect-Enabled Device. This license is provided solely for your personal, non-commercial use and enjoyment of the Service as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Leggett & Platt Content, the Service, any software embedded in any Comfort Connect-Enabled Device, or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Leggett & Platt or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Service: (1) use, display, mirror, or frame the Service or any individual element within the Service, including the layout and design of any page, without Leggett & Platt's express written consent; (2) use Leggett & Platt's name, any Leggett & Platt trademark or logo, or any Leggett & Platt proprietary information without Leggett & Platt's express written consent; (3) access or tamper with non-public areas of the Service, Leggett & Platt's computer systems, a Comfort Connect-Enabled Device, or the technical delivery systems of Leggett & Platt's providers; (4) test the vulnerability of any Leggett & Platt system or breach any reasonable security features or authentication measures; (5) circumvent any technological measure implemented by Leggett & Platt or any of Leggett & Platt's providers or any other third party (including another user) to protect the Service or any Comfort Connect-Enabled Device; (6) access the Service or Leggett & Platt Content through the use of any mechanism other than through the use of an Authorized Connection, Service, or Leggett & Platt API or otherwise attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Service, the servers on which the Service is hosted, or any server, computer or database connected to the Service; (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Leggett & Platt provides to you or any other part of the Service or within a Comfort Connect-Enabled Device; (8) attack the Service via a denial-of-service attack or a distributed denial-of-service attack; (9) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (10) use the Service in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (11) otherwise attempt to interfere with the proper functioning of the Service or a Comfort Connect-Enabled Device.
OUR ENFORCEMENT RIGHTS
We reserve the right (but are not required) to remove or disable access to the Service or any Leggett & Platt Content at any time and without notice, and at our sole discretion, if we determine that the Leggett & Platt Content or your use of the Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Service, and in response, may take any action we may deem appropriate. We also have the right to:
- disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service; and
- terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
USE THE SERVICE AT YOUR OWN RISK
If you rely on any Leggett & Platt Content or the Service, you do so solely at your own risk.
Our goal is to provide helpful and accurate information on the Service, but we make no endorsement, representation, or warranty of any kind about any Leggett & Platt Content, information, or services.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Service. Leggett & Platt Content and the Service may change from time to time or vary by geographic location. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
FEEDBACK AND SUBMISSIONS POLICY
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Leggett & Platt, or obtained from sources other than you.
ALERTS AND NOTIFICATIONS
As part of your use of the Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Service by using your account settings. We may need to provide you with certain communications, such as service announcements, administrative messages, and software updates, including notifications and communications from Third-Party Services. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
The Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services, and resources (collectively “Third-Party Services”) that are not under Leggett & Platt’s control (e.g., a home system automation platform). This may include the opportunity for you to link your Leggett & Platt account, Leggett & Platt data, or the Service with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Service, such as third party applications accessed on Leggett & Platt devices, are not part of the Service and are not controlled by Leggett & Platt, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Service including any charges associated with such use. You also acknowledge that these Terms and the Notice(s) do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policies that apply to your use of any Third-Party Services and you must abide by any terms applicable to such Third-Party Services. Such Third-Party Services will have their own collection practices and terms that will apply to your data. We may disable all or any Third-Party Services at any time without notice, in our sole discretion.
CHANGES TO THE SERVICE
Leggett & Platt may change or discontinue, temporarily or permanently, any feature, component, or content of the Service at any time without notice. Leggett & Platt is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Leggett & Platt without prior notice to you.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove your content, settings, and other information related to your account. You may close your account at any time by contacting Customer Support at LPComfortConnect@leggett.com. Upon any termination of these Terms or suspension, termination, or discontinuation of the Service or your account, the applicable provisions shall survive.
THE SERVICE AND LEGGETT & PLATT CONTENT ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service or Leggett & Platt Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Service or any Leggett & Platt Content. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Service or any Third-Party Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DEVICES, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD-PARTY SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You will indemnify and hold harmless Company, its officers, directors, employees, affiliates, agents, licensors, suppliers and contractors (collectively, the “Company Parties”) from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Service, (ii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, (iii) your violation of any law or the rights of a third-party, or (iv) your use of any Third-Party Services. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY PARTIES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE GREATER OF (1) THE AMOUNTS YOU HAVE PAID TO COMPANY FOR USE OF THE SERVICE OR (2) ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO COMPANY.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
All matters relating to these Terms and the Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).
DISPUTE RESOLUTION AND BINDING ARBITRATION; CLASS ACTION WAIVER
YOU AND COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND COMPANY ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 18. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION WILL BE SEVERED AND THE REMAINING ARBITRATION TERMS WILL BE ENFORCED.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Except as otherwise stated herein, these Terms and the Privacy Notice(s), as may be updated from time to time in our sole discretion, are all incorporated herein and constitute the entire and exclusive understanding and agreement between Leggett & Platt and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Leggett & Platt and you regarding the Service and Leggett & Platt Content.
We may revise and update these Terms at any time in our sole discretion. Upon making any such modifications, we will notify you by posting the modified version on the Service. When you continue to use the Service after a modification becomes effective, you are telling us that you accept and consent to the modified Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Leggett & Platt’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Leggett & Platt may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Leggett & Platt under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Leggett & Platt’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Leggett & Platt. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
ADDITIONAL TERMS MAY APPLY
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
You may contact us at LPComfortConnect@leggett.com or at our mailing address below.
Leggett & Platt Incorporated
Legal Department (Terms of Service – Comfort Connect):
Leggett & Platt, Incorporated
No. 1 Leggett Rd
Carthage, Missouri 64836