AGREEMENT BETWEEN USER AND WWW.GETUNCOMFY.COM

Welcome to Get Uncomfy, LLC (“Uncomfy“). The www.getuncomfy.com website (the “Site“) is comprised of various web pages operated by Uncomfy. All services provided by Uncomfy, and the provision of www.getuncomfy.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms“). Your use of Uncomfy services and www.getuncomfy.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.getuncomfy.com is an E-Commerce Site.

Meaningful travel at your own pace through travel inspiration, travel planning services, and a global community.

TRAVEL PLANS
By interacting with Uncomfy either through the Site, via phone, or in person, you may purchase, and we may provide, information and recommendations regarding trip and travel planning (“Travel Plans”). Travel Plans are provided for personal and informational purposes.

Note: UNCOMFY DOES NOT PROVIDE TRAVEL BOOKING SERVICES.

We do not warrant or make any representations regarding the validity, accuracy, availability, or reliability of the travel plans, including any recommended transportation, activities, lodging, or other content contained in a travel plan. Travel plans are provided “as is” and on an “as available” basis, without warranties of any kind either express or implied. To the fullest extent possible under applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

REFUNDS, RETURNS, OR EXCHANGES
In general, Uncomfy will not provide any refunds, returns, or exchanges on Travel Plans. Any refunds, returns, or exchanges for Travel Plans may be granted on Uncomfy’s sole discretion and determination.

TAXES
If we are legally required to collect sales tax on your order, the tax amount will be added automatically to the purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us at the contact information provided below for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.

PAYMENT PROCESSING
We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices.

WEBSITE INFORMATION
We may make improvements and/or changes in the products or services described on the Site, add new features, or terminate the Site at any time without notice. We also: (i) reserve the right to change the goods and services advertised or offered for sale through the Site, the prices or specifications of such goods and services, and any promotional offers at any time without any notice or liability to you or any other person; (ii) cannot guarantee that goods or services advertised
or offered for sale on the Site will be available when ordered or thereafter; (iii) reserve the right to limit quantities sold or made available for sale; (iv) do not warrant that information on the Site (including without limitation product descriptions, colors, or photographs) is accurate, complete, reliable, current, or error-free; and (v) reserve the right to modify, cancel, terminate, or not process orders (including accepted orders) where the price or other material information on the Site is inaccurate, or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

PRIVACY
Your use of www.getuncomfy.com is subject to Uncomfy’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

ELECTRONIC COMMUNICATIONS
Visiting www.getuncomfy.com or sending emails to Uncomfy constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

CHILDREN UNDER THIRTEEN
Uncomfy does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.getuncomfy.com only with permission of a parent or guardian.

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
www.getuncomfy.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Uncomfy and Uncomfy is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Uncomfy is providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by Uncomfy of the site or any association with its operators.

Certain services made available via www.getuncomfy.com are delivered by third party sites. By using any product, service, or functionality originating from the www.getuncomfy.com domain, you acknowledge and consent that Uncomfy may share such information and data with any third party with whom Uncomfy has a contractual relationship to provide the requested product, service, or functionality on behalf of www.getuncomfy.com users and customers.

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
All content included as part of the Site or including in any Travel Plans, such as text, information, graphics, logos, images, as well as the compilation thereof, and any software used on the Site (collectively, “Site Content”), is the property of Uncomfy or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. Except as set forth below, the use of any Site Content available on the Site is strictly prohibited.

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, nontransferable, revocable license to access and use any Site Content for personal or informational purposes. As a condition of your use of the Site, you warrant to Uncomfy that you will not use the Site or any Site Content for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which 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.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Site Content, in whole or in part, found on the Site. Uncomfy content including any Travel Plans are not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content or Site Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Site Content. You will use protected Site Content solely for your personal use, and will make no other use of the Site Content without the express written permission of Uncomfy and the copyright owner. You agree that you do not acquire any ownership rights in any protected content or Site Content by accessing or using the Site. We do not grant you any licenses, express or implied, to the intellectual property of Uncomfy or our licensors except as expressly authorized by these Terms. Any rights not expressly granted herein are reserved.

INTERNATIONAL USERS
The Service is controlled, operated and administered by Uncomfy from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Uncomfy content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Uncomfy, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site, Travel Plans, or other services, any user postings made by you, your violation of theseTerms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Uncomfy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Uncomfy in asserting any available defenses.

ARBITRATION
This agreement shall be governed by and interpreted in accordance with the laws of the State of New York. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, before a single arbitrator, administered by the American Arbitration Association under its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.

CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Uncomfy agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING ALL SITE CONTENT, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GET UNCOMFY, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AND/OR TRAVEL PLANS AT ANY TIME.

GET UNCOMFY, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GET UNCOMFY, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GET UNCOMFY, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GET UNCOMFY, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD-PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

TERMINATION/ACCESS RESTRICTION
Uncomfy reserves the right, in its sole discretion, to terminate your access to the Site, Travel Plans, and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Uncomfy as a result of this agreement, the purchase of Travel Plans, or use of the Site. Uncomfy’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Uncomfy’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Uncomfy with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth 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.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Uncomfy with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Uncomfy with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS
Uncomfy reserves the right, in its sole discretion, to change the Terms under which Travel Plans and www.getuncomfy.com is offered. The most current version of the Terms will supersede all previous versions. Uncomfy encourages you to periodically review the Terms to stay informed of our updates. We will make reasonable efforts to notify you of material changes to these Terms. Such efforts might include posting notice on the Site or an email to the address we have on file.

SEVERABILITY
If any provision of these Terms is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of these Terms will be enforceable.

CONTACT US
Uncomfy welcomes your questions or comments regarding the Terms:

Get Uncomfy, LLC
307 Warren Street
Hudson, New York 12534

Email Address:
shannon@getuncomfy.com

Telephone number:
+1 203 241 5806

Effective as of September 25, 2024