Terms & Conditions

Last updated: January 21, 2019.

These Terms & Conditions (the “Terms”) govern your access to and use of the American Leather Operations, LLC (“American Leather”, “we”, “us” or “our”) websites located at: https://www.americanleather.com, https://www.comfortairchair.com,https://www.americanleatherhp.com, and https://www.almresources.com, and all other websites linking to these Terms (collectively, the “Site”) (collectively, the “Site”).

Your access to and use of the Site reflects your agreement to be bound by these Terms. We reserve the right to change these Terms from time to time, and at any time, without prior notice. By using the Site following any changes to these Terms, you agree to be bound by any such changes to these Terms.

1- Use of Site Content.

The Site may be used only for your personal or information purposes of a non-commercial nature. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or any content, information, software, products or services obtained from the Site without our prior written permission.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material on the Site, electronically copy, download onto your personal computer, mobile device or other technology used to access the Site, and print single hard copy portions of the material from the Site solely for your own internal, noncommercial, lawful use. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

You may not (a) decompile, disassemble or reverse engineer the Site or any portion thereof, or (b) attempt to gain unauthorized access to the Site, any portion thereof or any other computer systems or social media or mobile platforms through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Use of any of our Site made available through a third-party platform is also subject to the platform’s applicable terms and conditions.

The Site may contain additional terms and conditions, all of which are incorporated by reference herein. Please review our other policies posted on the Site.

2- Unsolicited Submissions.

The Site may contain features such as blogs that allow users to post, submit, publish, display content or materials on or through the Site. All such posts must comply with the standards set out in these Terms. Any non-personal information, remarks, suggestions, ideas, graphics or material you submit to us by email, download, or otherwise (“Unsolicited Submission”) is non-confidential. You understand that by providing an Unsolicited Submission to us, you grant to us and our designees a world-wide, royalty free, perpetual, irrevocable, non-exclusive and fully-transferable, assignable and sublicenseable right and license to use, distribute, copy, reproduce, disclose, transmit, modify, translate, adapt, create derivative works from, publicly perform, publish and/or display in any format or medium and otherwise exploit all such Unsolicited Submission (in whole or in part), including all data, images, creative works, sounds, text, and other things embodied therein, for any and all commercial or noncommercial purposes. We have no obligation to review or use any Unsolicited Submissions or to keep them confidential, but if we elect to use them, we are free to use and repurpose such Unsolicited Submission for any purpose, without any compensation to you. We do not waive any rights it may have to similar or related ideas previously known to it or developed by its employees and representatives, or obtained from sources other than you. You acknowledge and agree that you are solely responsible for the accuracy and content of the information you submit to us. You agree to provide accurate and truthful information. You agree to promptly notify us if information you provided becomes or is discovered to be inaccurate, untruthful or misleading.

In addition to other prohibitions as set forth in the Terms, you shall not knowingly post, transmit, redistribute, upload, or promote any Unsolicited Submissions, content or any other materials to or from the Site that:

• contain corrupted files, viruses, or any other similar software files;
• are unlawful, threatening, harassing, abusive, offensive, defamatory, invasive of privacy or publicity rights, infringing on any intellectual property rights, vulgar, obscene, sexually explicit, pornographic, hateful, profane, indecent, racially, ethnically derogatory, or otherwise violate any right of any third party;
• are likely to upset, embarrass, alarm, inconvenience or annoy any other person;
• contain chain letters or pyramid schemes;
• contain any unsolicited advertising, promotional materials, mass mailings, “spam,” political campaigning, or other forms of solicitation to other users, individuals or entities;
• contain false, deceptive, or misleading information or advertising, or impersonate any individual or entity, including our company and our employees and agents or are likely to deceive any person;
• encourage conduct that would constitute a criminal offense
• involve commercial activities, sales, contests, sweepstakes and other sales promotions, barter or advertising, unless you are an authorized American Leather retail partner or otherwise specifically authorized by American Leather;
• give the impression that they emanate from or are endorsed by us or any other individual or entity if this is not the case; give rise to civil or criminal liability;
• collect or track the personal information of others, spam, phish, pharm, pretext, spider, crawl, or scrape the Site, or interfere with or circumvent the security features of the Site, other websites, or the Internet;
• otherwise violate any law; or
• amount to any conduct that, in the judgment of American Leather, is otherwise objectionable, restricts, impairs, interferes or inhibits any user from using or enjoying the Site, or may harm American Leather or users of the Site or expose them to liability.

In addition to any remedies that we may have at law or in equity, if American Leather determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, it may take any action it deems necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

3- Accounts.

You may choose to set up an account with us. When you create an account with us, you represent to us that the information you provide us is truthful, accurate, complete, current and otherwise in compliance with these Terms at all times. Submission of false, misleading, inaccurate, incomplete, obsolete, or other information prohibited under these Terms may result in immediate termination of your account on the Site. You are responsible for maintaining the confidentiality of your account information, including, but not limited to, your account password and the restricting access to your device and/or your account. You are responsible for any and all activities that occur under your account, including, but not limited to, any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us if you desire to cancel your account on the Site. You may not use anyone else’s password or account at any time on the Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by us or any other user of the Site if your failure to keep your account information secure and confidential results in someone else’s use of your account or account information.

4- Intellectual Property.

We and our licensors own all right, title and interest in and to the Site, all the text, content, graphics, interfaces, code and materials thereon, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to all intellectual property and proprietary rights therein. Many designs and design elements of furniture and furnishings depicted on the Site may be subject of US or international patents, copyrights or other forms of design protection. Your use of the Site does not grant to you ownership in or rights to of any of the foregoing. The Site is copyrighted as a collective work under the United States’ and other copyright laws, and is the property of American Leather or our licensors. The collective work includes works that are licensed to us. Unless otherwise indicated on the Site, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, American Leather or its licensors, partners or affiliates. For example, the marks AMERICAN LEATHER®, AMERICAN LEATHER COMFORT RECLINER®, COMFORT SLEEPER®, COMFORT THEATRE® and others are Marks of American Leather. We do not grant any license or other authorization to use the Marks except through a separate written license agreement. You shall not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Site, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Site, or any features or functionality of the Site, to any third party for any reason, including, without limitation, by making the Site available on a network where it is capable of being accessed by more than one device at a time.

5- Linking to the Website and Social Media Features.

The Site may contain links to other websites, which may be of interest to you. For example, the Site may include certain social media features that allow you to: link from your own or certain third-party websites to certain content on the Site or cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party website. We may disable all or any social media features and any links at any time without notice in our discretion. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.
• Link to any part of the Site other than the homepage.
• Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms.

We are not responsible for the content of any other websites linked to the Site. Your linking to any other website is at your own risk, and you should be aware that, unless otherwise indicated, these Terms no longer govern. Please be mindful of this as you link to other outside websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any outside website to which you navigate.

6- Privacy Policy.

Along with these Terms, please read our Privacy Policy and refer to it before you submit any personal information to the Site. The Privacy Policy is hereby incorporated and made part of these Terms.

7- Reliance on Information Posted.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by American Leather, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of American Leather. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

8- Disclaimer.

THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON, ARE EACH PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AMERICAN LEATHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. AMERICAN LEATHER DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AMERICAN LEATHER DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR DELETION OF YOUR ACCOUNT.

9- Limitation of Liability.

IN NO EVENT SHALL AMERICAN LEATHER, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES 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 A SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $10 (UNITED STATES DOLLARS).

BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE DISCLAIMER AND LIMITATIONS MAY NOT APPLY TO YOU.

10- Indemnity.

You agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of the Site, your communication, placement or transmission of any message, content, information or other materials on or through the Site, your breach or violation of the law, any third party right or of these Terms, or any activity otherwise related to your use of the Site (including negligent or wrongful conduct), by you or any other person accessing the Site using an account registered to you.

11- Jurisdictional Issues.

The Site is operated out of the United States. The Site may not be available to users outside of the United States. American Leather makes no representation that materials or information on the Site are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access the Site outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export any materials on the Site in violation of United States’ or any other jurisdiction’s export, re-export, or import laws and regulations.

12- Copyright.

If you believe your copyright or other intellectual property or privacy right has been violated by content accessible via the Site, please contact us by email at supportservices@americanleather.com.

13- Miscellaneous.

No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship is intended or created by these Terms. These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts of Dallas County, Texas. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. By using the Site, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site or these Terms must be commenced within one (1) year after the claim or cause of action arises or be forever barred. These Terms, together with the Privacy Policy, any other separate terms referred to and incorporated herein by reference, and any other legal notices published by American Leather on the Site, shall constitute the entire agreement between you and American Leather concerning the subject matter hereof. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. American Leather may assign its rights and duties under these Terms to any party at any time without notice to you. The communications between you and us use electronic means, whether through the Site or via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.

14- Contact Us.

We welcome your questions and comments about our Terms. Please contact us by email at supportservices@americanleather.com.

AMERICAN LEATHER USER GENERATED CONTENT GENERAL TERMS AND CONDITIONS

By submitting your Content, you acknowledge that you have read and understand these Terms and Conditions (“Terms”) and you hereby confirm that you agree to be bound by them. If your Content is selected, you will be contacted via the social media platform and asked for your consent for American Leather to use it on American Leather owned social media channels and websites. To confirm your acceptance of these Terms, simply reply with the directions communicated to you. If no response is received within 7 days from the request, the Content will not be used. These Terms prevail over any agreement you or your employer may have with any company within the American Leather group. We take legal compliance very seriously. If any Content does not comply with these Terms, we reserve the right to take all necessary steps.

1. Please remember that you are legally responsible for what you submit. Please ensure the following rules are adhered to before submitting your Content:

1.1 Intellectual property rights You must be the author of the Content or have been authorized by the author. If you do not have the legal majority or have a legal guardian, please obtain their express consent before submitting any Content. If we receive notice of infringement, we will remove all Content and cooperate with copyright owners to resolve these issues. By submitting your Content, you grant to American Leather a royalty-free, perpetual (except regarding copyright, for the maximum period of copyright protection available under the applicable law of any jurisdiction), irrevocable, non-exclusive, sub-licensable, worldwide license to use, copy, edit, modify, adapt, translate, communicate to the public, publish, distribute, create derivative works and combine your Content (in whole or in part, alone or with other elements, in any format by any media). We may decide not to publish your Content.

1.2 Personality rights If any individual appears in your Content, you must inform them of these Terms and obtain their express consent. If they do not have the legal majority or have a legal guardian, please obtain the express consent of their parents or legal guardian before submitting any Content.

1.3 Privacy You must not upload or submit any content that is in breach of someone’s privacy rights, nor give contact information for yourself or someone else, or solicit personal information from any user. Your privacy is very important to American Leather. We will use your personal information in accordance with our Privacy Policy published on http://www. americanleather.com. Please remember that any information disclosed in your Content may become public information.

1.4 Prohibited behavior You must not upload or submit any content (a) that is inappropriate, unlawful, obscene, defamatory, threatening, bullying, pornographic, harassing, hateful, racially or ethnically offensive; or (b) is in breach of someone’s privacy, image rights or intellectual property rights; or (c) that encourages illegal conduct; or (d) that could be a threat to the system (spam, virus, Trojan, malicious or harmful software, or other material which may interrupt, destroy, or limit the functionality of the system). You must not (e) use any automated means (robots, crawlers, etc.) or do anything to interfere with or disrupt the website or the system or the protection of it and any information contained therein (including reverse engineering). You must not (f) upload or submit any content that breaches these Terms and Conditions. You must not use any American Leather platform for commercial purposes, for advertising or solicitation with respect to any product or service or for petitions, campaigns, or schemes. You must not pretend to be someone else.

1. You agree to hold harmless American Leather and its officers, employees and licensors from and against all losses, damages, and costs resulting from any violation of these Terms.

2. We do not endorse any products, services, individuals or views contained in your Content.

3. Please contact us to report any infringement.

4. We may change these Terms at any time without notice.