Terms of Use

By accessing or otherwise using this website you agree to be bound by these terms and conditions.

Age

By using the website, you represent that you are 13 years of age or older (if you are located in the United States) or 16 years of age or older (if you are located outside of the United States). If you are a user between the ages of 13 and 18 (or the age of majority in your jurisdiction), please review this Agreement with your parent or guardian. Your parent or guardian should agree to this Agreement on your behalf, and parental discretion is advised for all users under the age of 18 (or the age of majority in the applicable jurisdiction).

Intellectual Property

The materials contained on the website are protected by copyright law, trademark law, international conventions, and other intellectual property laws and the contents may not be copied, modified, distributed, displayed, transferred, posted, transmitted, and/or reproduced in any manner whatsoever either in whole or in part without prior written permission of Visual Comfort & Co. (“Visual Comfort”).

For example, Visual Comfort and/or the respective designers, including, but not limited to EFC Designs, Inc. claim copyright in product designs and images contained on the website and such content may not be used without their express written permission.

Additionally, the design, structure, selection, coordination, and arrangement of the website and its contents is owned by Visual Comfort and protected by intellectual property law.

All trademarks are the property of their respective owners and may not be used without express written consent from the trademark owner.

Limitation of Liability

Visual Comfort and its representatives specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to the website or its contents.

Under no circumstances will Visual Comfort be liable for any claims or damages as a result of your access or use of (or inability to access or use) the website or its contents. Your access and use of the website is at your own risk.

Visual Comfort is not responsible for the unauthorized download of information from the website or for the uses of any product or information provided by other parties.

Without written consent from Visual Comfort, the material on this website may be downloaded for personal use only. Visual Comfort is not responsible for any errors and/or omissions in the website materials, products, and/or pricing.

Account Registration and Security

You understand that you may need to create an account to have access to certain portions of the website. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.

By creating an account, you confirm that the information provided is true and that you agree to abide by this agreement. Please note that your account can be cancelled without notice if it is determined that false or misleading information has been provided, this Agreement has been violated, or other abuses have occurred as determined by Visual Comfort in its sole discretion.

Privacy Policy

Your submission of personal information through the website is governed by our Privacy Policy which can be accessed by clicking on the "Privacy Policy" link located in the footer section of the website. This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Product Information

Many products displayed on the websites are available in select stores in the United States and in some cases, select foreign markets. The prices displayed on the website are quoted in U.S. Dollars.

Certain products are available exclusively online through the website.

We have made every effort to display as accurately as possible the colors and styles of our products that appear on the website. We cannot guarantee that the display of any color or style on your computer or mobile device will be accurate.

User Submissions

We love to see your photos! Visual Comfort invites you to post, share, and tag your content.

By uploading, submitting, sending or tagging your content on social media or through the website, you give Visual Comfort permission to reproduce and use your content as follows:

You grant all Visual Comfort brands permission to use, store, reproduce, modify, publicly display and distribute your content. Your content may be used for marketing purposes, including but not limited to email campaigns, blog posts, social media posts, store materials, and other customer communications.

Visual Comfort’s license to your content is non-exclusive and royalty free.

You represent and warrant that you own all rights to your content and that the distribution of your content will not violate the intellectual property rights, privacy rights, or legal rights of any third party.

Visual Comfort does not claim ownership of user-generated content or endorse any opinions expressed in the materials submitted by any other users. Visual Comfort has the right to remove user content at any time, for any reason, and without notice.

Errors, Inaccuracies, Omissions

Information on our website may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order).

Third Party Content

The website may contain links to third-party websites that are not owned or controlled by Visual Comfort. Visual Comfort has no control over and assumes no responsibility for the content, policies, or practices of any third-party websites.

Illegalor Improper Use

You may not use the website or its contents for any illegal or improper purpose. You agree to indemnify and hold harmless Visual Comfort, its affiliates and employees for any investigation, defense, settlement or legal proceeding arising out of or relating to your illegal or improper use of the website and/or its content.

Choice of Law Provision

This Agreement shall be construed in accordance with the laws of the State of Illinois, without regard to any conflict of law provisions. Any dispute arising under this agreement shall be resolved exclusively by the state and federal courts located within Cook County, Illinois.

Severability

If any provision of these terms shall be deemed invalid, void, or unenforceable for any reason, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

Non-Waiver

Our failure to enforce any provision of these terms shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these terms on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion.

Changes to Terms and Conditions

Visual Comfort may modify these terms and conditions at any time, at its sole discretion without prior notice. If you access or use the website after Visual Comfort posts a change, you accept that change. If you do not accept the change, do not access or use the website. You should check these terms and conditions periodically.