Barstool Comforts is a website located at BarstoolComforts.com and is owned and operated by Barstool Comforts LLC. These terms and conditions (“Terms and Conditions”) are revised as of October 30, 2025.
Welcome to BarstoolComforts.com (the “Website”). Barstool Comforts provides access to the Website to you subject to the following Terms and Conditions. In return for accessing the Website, you agree to be bound by these Terms and Conditions of use without limitation or qualification. This is a legally binding agreement between you (sometimes referred to as “you”, or “your” hereinafter) and Barstool Comforts LLC (sometimes referred to as “we”, “our” “Barstool Comforts” or “BarstoolComforts.com” hereinafter). If you do not intend to be legally bound by these Terms and Conditions of use, do not access or use the Website. Essentially, if you visit the Website, you accept all Terms and Conditions of use. Please read them carefully. If you do not agree to these Terms and Conditions in their entirety, you may not use the Website and should not proceed to use the Service (as defined below).
We may modify these Terms and Conditions from time to time. If you do not agree to any modifications, you should terminate your use of our Website and its Service. Your continued use of the Website will constitute a binding acceptance by you of these Terms and Conditions, or any subsequent modifications.
Website and Services. The Website provides you with the ability to purchase products, access our inspiration gallery, request free samples, contact us, and other services that may be available in the future (collectively referred to as the “Service”). More specifically, our “Service” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and any other materials you may view on, access through, or contribute to the Website. The Service includes all aspects of the Website, including but not limited to all profiles, tools, and services offered via the Website.
The Service may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any other person or third party websites. In addition, we will not and cannot review, monitor, censor, or edit the content of any third party site. By using our Website and the Service, you expressly relieve us from any and all liability arising from your use of the Website and the Service, including any third party website.
Services
Sale of Products
The Website hosts a webstore of products equipped with payment and transactional functions enabling you to purchase available inventory. All payments must be received in full in order to complete a purchase.
We attempt to be as accurate as possible when listing product and manufacturer information, however we do not warrant that the information is error-free. All information is given to Barstool Comforts through the manufacturer.
Some products may require assembly as set forth in the product listing. You agree to hold us harmless for any and all activity, including but not limited to personal injury in connection with product assembly. We reserve the right to deny any sale due to Website errors.
Customer’s Own Material
We enable you to provide your own upholstery material for use on selected products available on the Website (“COM”). We reserve the right to reject any fabric, within our sole discretion, that is unsuitable for COM use or fails to meet our or our partner’s requirements or specifications. Acceptance of COM orders are subject to our approval, and we reserve the right to deny any COM sale for any reason. We do not warrant that any and all COM information is error-free.
Free Samples
The Website enables you to communicate with us by submitting a request form for free product samples.
In order to receive a free product sample, you must provide personal information such as your name, email address, and mailing address. We reserve the right to allow up to eight (8) free fabric samples, and three (3) free metal samples, within our sole discretion. Additional samples may require a fee.
It is important to note that some of our partners require a fee for certain manufacturer samples, which we will always disclose to you.
Samples will be sent to you using a courier of our choice. Expedited shipping for samples may be available for an additional fee.
Barstool Comforts reserves the right to request a return of a sample, and in this event, will cover return shipment costs.
By providing us this information you consent to electronic communications from Barstool Comforts as set forth in our Privacy Policy.
Inspiration Gallery
The Website hosts an Inspiration Gallery of images showcasing design concepts, arrangements, product styling, and interior design (the “Gallery”).
The Gallery may include images, renderings, or other media depicting products offered on the Website, along with content submitted by our manufacturers or third parties, and imagery generated using artificial intelligence.
The Gallery is provided strictly for informational and illustrative purposes. We do not warrant or represent any depicted configuration, material, or arrangement, nor can we guarantee that products showcased in the Gallery are available for purchase or accurately reflect finished products available on the Website. We disclaim any and all liability for any errors, discrepancies, or misinterpretations arising from use of or access to the Gallery.
To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose for the information contained within the Website. We will not be liable for any damages of any kind arising from or relating to the use of the Website, or any of the information contained therein, including but not limited to direct, indirect, incidental, punitive, and consequential damages. You agree that we are not liable for any damages claimed as a result of the collection, use, or display of any information contained within the Website.
Service Use Terms
Eligible Users
You must be at least 18 years of age to access and use the Service. Any use of the Website or Service is void where prohibited. If you are under age 18, you may not, under any circumstances or for any reason, use the Service.
We may, in our sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for complying with all laws, rules, and regulations applicable to your use of the Service. Your right to access or use the Service is automatically revoked in any jurisdiction where these Terms or the use of the Service are prohibited, or where the provision of the Service would conflict with any applicable law, rule, or regulation.
Further, the Service is offered only for your use, and not for the use or benefit of any third party. By accessing and using the Website or the Service, you represent and warrant that you have the right, authority and capacity to accept and abide by all of the Terms and Conditions.
Placing an Order
The products available for purchase on our Website are offered subject to availability and as described on Barstool Comfort’s product listings.
Product images, descriptions, specifications, and other content are provided for informational purposes only, and may include information or imagery provided by third parties or our partners. We cannot guarantee that any product listing information, including, but not limited, to product specifications and measurements, are up to date and accurate.
Furthermore, we cannot guarantee that any product listings that display product colors, finished, or configurations will precisely match the physical product due to factors including but not limited to variations in screen and desktop display settings, lighting conditions, or manufacturer production processes.
Certain products enable you to select custom design specifications, including but not limited to, height, seat type, cushion style, fabric, and finishes (“Order Specifications”).
All Order Specification selections are made within your sole discretion, whether submitted by you directly or an authorized third party. We are not responsible for any Order Specification errors, inconsistencies, or omissions in your Order Specifications. You are solely responsible for any additional fees incurred as a result of incorrect Order Specifications.
Should you need to make any changes to your order or Order Specifications, you must request a change within forty-eight (48) hours by contacting us at [email protected]. Change requests may be approved or denied within our sole discretion. If such changes are accepted, they may incur additional fees, which shall be your sole responsibility.
In the event you need to cancel an order, you must request a cancellation within forty-eight (48) hours of your purchase by contacting us at [email protected]. All approved cancellations are subject to a three percent (3%) transaction fee.
Furthermore, you understand Barstool Comforts solely acts as a reseller and distributor for our partners. Any and all warranties applicable to products are provided by the respective manufacturer. Manufacturer warranty terms, if any, can be found at www.barstoolcomforts.com/warranties, and your rights or remedies relating to product defects shall be governed by these terms.
Please note that warranties available to you may become void in the event any modifications are made to the product, including but not limited to changes in fabric or cushions, or changes to the width or height of the product.
Customer’s Own Material
You are responsible for and acknowledge that you have read and accept our COM Fabric Guidelines located at www.barstoolcomforts.com/customers-own-materials-com/#guidelines.
In order to complete a COM purchase, you must provide the required fabric, information, and fully completed COM Form (this is not required, but preferred if possible).
Upon receipt, we may inspect your COM fabric, but are not required to do so. We reserve the right, within our sole discretion, to refuse a COM request or reject any fabric that (i) fails to meet our or our partners specifications, (ii) poses safety or handling concerns, (iii) appears to be insufficient or unsuitable for upholstery, or (iv) if we or our partners deem that upholstery of the fabric may result in an unsatisfactory finished product.
You are solely responsible for ensuring that your selected fabric meets the specifications provided by us or our partners. Additionally, you are responsible for all shipping costs associated with your COM order.
We are not liable for any damages or the loss of fabric once shipped to Barstool Comforts, or the COM upholstery process. By submitting fabric, you represent and warrant that you own or have the legal rights to use and provide such fabric, and that use of the fabric by us or our partners will not infringe or violate any third party intellectual property rights. We do not warrant any aspect of the COM order and the finished product, including but not limited to, its durability, texture, stain resistance, construction, and non-fabric components.
Commercial Orders
Commercial clients, including but not limited to restaurants, hospitality groups, venue spaces, and other business entities (“Commercial Client”) shall adhere to following terms in addition to these Website Terms and Conditions.
We will coordinate orders and purchases directly with the Commercial Client or an appointed third party representative, such as a designer or architect, designated by the Commercial Client.
Commercial Clients are fully responsible for any orders they place and for making sure all related Order Specifications are accurate.
Commercial Clients may place orders directly through the Website or by contacting Barstool Comforts at (610) 737-5693.
Upon request, we may provide Commercial Clients with quotations for proposed product orders. Quotations are for informational purposes only and shall not constitute as a sale. A Commercial Client order or purchase will be constituted upon Barstool Comforts issuing the Commercial Client an invoice.
Payment in full is due immediately. Partial payments and deposits will not be accepted under any circumstances. Barstool Comforts reserves the right to cancel or suspend any orders for which payment has not been received in full.
Without limiting the foregoing, certain products manufactured by Style Upholstering may be available to our Commercial Clients under their Sample Chair Program. By participating in this program, you, as the Commercial Client, may receive a sample product from Style Upholstering for evaluation purposes. Participation is subject to the Sample Chair Program Terms, including your obligation to pay all applicable shipping costs. While we facilitate participation in the Sample Chair Program, we are not a party to any agreement between you the Commercial Client and Style Upholstering. We assume no responsibility, guarantee, or warranty in connection with the Sample Chair program.
Payments and Transactions
We use third party payment platforms, including but limited to, PayPal, Apple Pay, Google Pay, and Venmo to process credit and debit card transactions for your orders. We currently do not accept American Express credit card payments.
You expressly acknowledge and agree that we are not responsible or liable for any payments or monetary transactions conducted through your use of the Website. All such payments and monetary transactions are processed by third-party payment providers, and you agree that any disputes or issues arising from those transactions shall be resolved directly with the applicable third party.
You agree that we shall not be liable for any issues regarding financial and monetary transactions between you and any other party. You are responsible for all transactions (payments and refunds) processed through the Website and/or third parties. We are not liable for loss or damage from errant or invalid transactions processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.
You must not process stolen credit cards, or unauthorized credit cards through the Website.
To place an order, you must provide us with all required information. This may include, without limitation, your full name, shipping and billing address, and payment information such as your credit card number, card verification number, and expiration date.
We are not responsible or liable for any activities or conduct of PayPal, Apple Pay, Google Pay, Venmo, or other third party service providers, and you agree to hold us harmless and expressly release us from any and all liability arising from or in connection with any products that are offered for sale via the Website.
We reserve the right to deny any sales due to Website errors. In the event of a denied sale due to a Website error, you will be notified by phone or email. We also accept payments via check, e-check and wire transfer. For additional payment instructions please contact [email protected].
Shipping
All orders are shipped directly by our partner manufacturers (unless otherwise noted) and are governed by the manufacturers shipment terms which can be accessed at https://barstoolcomforts.com/shipping-and-returns/.
Your order may be subject to government inspection, shipping delays, strikes, and other unforeseeable events, we therefore do not guarantee a specific delivery date, rather we provide you with an estimated date based on the corresponding manufacturers shipment terms. We are not responsible for any delay in your shipment.
Should you need to receive your order at a later date, you are required to disclose this information in your order notes. While we cannot guarantee a delivery date request, we will use our best efforts.
Orders are shipped to the address provided at the time you place the order. You are responsible for providing us with up to date and accurate contact information such as your telephone number to facilitate delivery coordination. Failure to provide accurate contact information or responses to delivery notifications, including but not limited to scheduling notices and attempts, may result in additional storage or delivery fees.
You acknowledge that some of our delivery service partners may request to take photos of your order upon delivery for quality assurance purposes. The risk of loss and title for all products you order passes to you upon delivery to the carrier.
While you reserve the right to use a freight forwarder, Barstool Comforts shall not be held responsible for the coordination of the respective delivery, associated costs, damage, errors, delays, or risk. You are solely responsible for any and all activity with your designated freight forwarder.
Return Policy
All product orders and sales on the Website are final. No cancellations, returns, or exchanges will be accepted once an order has been placed and confirmed, unless as expressly provided in these Terms and Conditions.
Without limiting the foregoing, products manufactured by Holland Bar Stool Co. may be eligible for a refund within ten (10) days of delivery, within Holland Bar Stool Co.’s sole discretion. In the event a return is accepted you will be responsible for any and all costs associated with the return shipment, a 20% stocking fee, and other applicable fees.
No other manufacturer’s products are eligible for a return or refund under any circumstances.
Damaged or Defective Products
In the rare event that a product arrives damaged or defective, you must notify us within ten (10) days of delivery by contacting [email protected], providing your purchase order number, delivery date, and photos of the product defects or damage.
You are responsible for inspecting all delivered products for defects and damages prior to signing and delivery documentation. Visible damage should be clearly noted on the delivery documentation. Failure to note this damage may result in ineligibility for a replacement product.
While we will use our very best efforts to coordinate with applicable manufacturer’s regarding your replacement, we cannot make any guarantees, warranties, or representations. All replacements will ultimately be processed by our partners within their sole discretion.
If it is determined that damages or defects resulted from the fault or negligence of the manufacturer or carrier, you shall not be responsible for replacement shipment fees.
If, however, it is determined that damages or defects arise from improper handling, use, stage, or assembly by you or a third party, you shall be responsible for all associated replacement and shipping costs.
Failure to report damaged or defective products within this time period will result in you being responsible for any product replacement costs.
Should you have knowledge of being unavailable during the ten (10) day grace period ahead of your delivery date, you may notify us to request an accommodation, and we reserve the right to approve or deny all requests.
Replacement times may vary by manufacturer as follows and is outside the control of Barstool Comforts. Processing times below are estimates and vary on a case-by-case basis.
Amisco: 2 weeks
Darafeev: Case-by-case basis
Holland: 7-10 business days
IH Seating: Case-by-case basis
Style Upholstering: Case-by-case basis
Trendler: Case-by-case basis
Trica Furniture: 4-6 weeks
Wesley Allen: Case-by-case basis
Notices and Restrictions
The Service may contain content specifically provided by us or our partners and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the Service.
Use License
Subject to these Terms and Conditions, we grant you a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) content solely for purposes of using the Service.
Use, reproduction, modification, distribution or storage of any content for other than purposes of using the Service is expressly prohibited without prior written permission from us.
You shall not sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third party right. Your license to use and access the Service and the content is automatically revoked if you violate these Terms and Conditions in a manner that violates our intellectual property rights. All rights not explicitly granted to you are reserved by us.
License Grant
By submitting content to us or through the Service, you hereby do and shall grant us a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable and transferable right and license to access, use, adapt, convert, transcode, reproduce, distribute, display, perform, disclose, transmit, store and cache the content solely to the extent necessary to provide the Service, for promotional purposes, or as otherwise permitted by these Terms and Conditions.
For clarity, the foregoing license grants to us do not affect your other ownership or license rights in your content, including the right to grant additional licenses to your content, unless otherwise agreed in writing. We do not claim ownership of content that is transmitted, stored, processed, or linked through the Service. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You acknowledge that you have no right to privacy for information you share on the Website or its Service, or any right to privacy to information about you or your property that may be displayed on the Website. You hold us harmless for any information about you or your property displayed on the Website or its Service.
Warranties
You hereby represent and warrant that (i) your content and the availability thereof through the Service does not and will not infringe or violate the rights of any third party, including without limitation any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information, (ii) you have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in any content in order to include their name, voice, performance or likeness in any content and to publish the same on the Service, and (iii) the storage, use or transmission of any content does not violate any law or these Terms and Conditions.
Availability of Content
We do not guarantee that any content will be made available on the Website or through the Service. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all and (ii) to remove or block any content from the Service. You acknowledge that we are not liable for content that may appear on or be deleted from the Website.
General Permissions and Restrictions for Use of the Service
We hereby grant you permission to access and use the Service as set forth in these Terms and Conditions, provided that: (i) You agree not to distribute in any medium any part of the Service; (ii) You agree not to alter or modify any part of the Service; (iii) You agree not to access the Service through any technology or means other than explicitly authorized means we may designate; (iv) You agree not to use the Service for any of the following commercial uses: (a) the sale of access to the Service; (b) the sale of advertising, sponsorships, or promotions placed on or within the Service or content; or (c) the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing content delivered via the Service; (v) You agree to comply with all applicable laws, and further agree not to violate any applicable laws through use of the Service; and (vi) You agree not to violate any of the Terms and Conditions. We reserve the right to discontinue any aspect of the Service or terminate your access at any time for any reason.
Code of Conduct and Further Restrictions on Use of our Service
In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of the Service: (i) the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to us, subject to copyright and other intellectual property rights under the law; (ii) content is provided to you AS IS.
You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without our prior written consent; (iii) You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (iv) You understand that when using the Service, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.
You further agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service that: (a) fails to comply with these Terms and Conditions; (b) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (c) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, offensive or is otherwise inappropriate as determined by us in our sole discretion; (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (e) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (f) impersonates any person or entity, including any of our employees or representatives; or (g) includes anyone’s identification documents or sensitive financial information.
You further shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or “spam” on the Service; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any content from the Service; (vii) otherwise take any action in violation of our guidelines and policies; (viii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any Applications), except to the limited extent applicable laws specifically prohibit such restriction, (ix) modify, translate, or otherwise create derivative works of any part of the Service, or (x) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
You further understand and acknowledge that you may be exposed to content that is inaccurate, public, private, personal, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.
Responsibility for Your Content and Conduct
If you chose to share your personal information, photographs, and other content (including communications) through the Service, you understand that we do not guarantee any confidentiality with respect to any content you submit. This includes personal information such as your full name when submitting a product review on the Website. You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the Service. Please do not submit any information that you are not comfortable disclosing publicly.
You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit; and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Service pursuant to these Terms and Conditions.
You further agree that content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein.
We do not endorse any content submitted to the Service by any third party or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and we reserve the right to remove all content if properly notified that such content infringes on another’s intellectual property rights without prior notice.
Termination
We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms and Conditions which, by their nature, should survive termination shall survive termination, including, without limitation, licenses, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Third Party Services
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Service. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, information, goods or services available on or through any such website or resource.
Additional Terms
Geographic Scope
While this Website may be viewed internationally and may contain references to the Service not available in all countries, you agree that: (i) the Service shall be deemed solely based in Florida; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Florida. We may in our sole discretion limit, deny or create different level of access or use of the Service.
Electronic Communications
When you visit the Website, contact us through the Website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing.
Acceptance of Modification of Terms and Conditions
You acknowledge and agree that we may amend any Terms and Conditions at any time by posting the relevant amended and restated Terms and Conditions on the Website. By continuing to use the Service or the Website, you agree that the amended Terms and Conditions will apply to you. No further action will be required by us for your acceptance of the amended Terms and Conditions.
Proprietary Information
The Service contains information, which is proprietary to us and/or our partners. We assert full copyright protection in the Service. Any information posted by us may be protected whether or not it is identified as proprietary to us or our partners. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
Limited License, Website Access, and Non-Commercial Use
We grant you a nonexclusive, nontransferable, revocable, limited right and license to access and make personal use of the Service and the material provided hereon for your personal, noncommercial use, provided that you fully comply with the Terms and Conditions of use of the Service. You agree not to download (other than page caching) or modify the Service, or any portion of it.
This license does not include any rights of resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Service or any portion of the Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form). You may not use any metatags or any other “hidden text” utilizing our name or trade names, trademarks, or service marks. Any unauthorized use terminates the permission or license granted by us.
Service Descriptions
We attempt to be as accurate as possible when describing our Service on the Website. However, we do not warrant that service descriptions or other content of this website are accurate, complete, reliable, current, or error-free.
Copyright
All content included on the Service, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is our property and is protected by United States and international copyright laws.
The compilation of all content on this website is our exclusive property and is protected by U.S. and international copyright laws.
All software used on this website is our property or licensed to us and is protected by United States and international copyright laws. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Service.
Trademarks
We own of the following registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this Website, including, without limitation, the following:
Barstool Comforts
US Serial Number 99189582
The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin may not be used in connection with any business, product, or service whose source is not ours, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits us, our Service. All other trademarks, service marks, trade names, and logos not owned by us or its affiliates that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin displayed or contained on the Website.
Patents
One or more patents apply to the Website and to the features, products, and the Service accessible via the Website. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the foregoing patents, licensed patents, or the patentable inventions contained therein.
Copyright Complaints
We respect the intellectual property rights of others. The following actions may be used to remove content upon receipt of intellectual property infringement claim against the same from intellectual property right holders. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent” specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may send copyright infringement under the Digital Millennium Copyright Act to our designated agent for notice of claims of copyright infringement on the Website at the following addresses:
Barstool Comforts LLC
PO Box 783413
Winter Garden, FL 34787
Please note that this procedure is exclusively for notifying us that your copyrighted materials have been infringed. All intellectual property infringement claims shall be made under penalty of perjury. Intellectual property right holders agree to indemnify and hold us harmless from all claims, causes of action, damages and judgments arising out of any removal of product listings pursuant to intellectual property infringement claims.
THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.
Disclaimer of Warranties and Limitation of Liability. The Website is provided by us on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.
To the fullest extent permissible by applicable law, WE disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. WE DO not warrant that the Website, its SERVICE, ITS servers, or e-mail sent from US are free of viruses or other harmful components. WE will not be liable for any damages of any kind arising from or relating to the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF FEES YOU HAVE PAID FOR USE OF THE SERVICE, IF ANY.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Governing Law
This Service was developed in the United States of America in accordance with and shall be governed by the laws of the State of Florida, United States of America. By using the Service, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions of use, and any dispute of any sort that might arise between you and us.
Disputes
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws in effect in the State of Florida, without regard to its conflict of law provisions.
You agree to first contact us at [email protected] in an attempt to resolve any issues in good faith.
Without limiting the foregoing, you agree that any and all controversies, disputes or claims arising out of your use of the Website, the Service, or these Terms and Conditions shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association. The determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes). The arbitration shall be presided over by a single impartial independent arbitrator appointed by the AAA. The parties agree that the issue of arbitrability shall also be decided by such arbitrator. Each party shall bear its own costs in any arbitration. The arbitration provision contained herein shall be self-executing and shall remain in full force after expiration or termination of this Agreement. The place of arbitration shall be Orange County, Florida.
In the event you initiate legal action against Barstool Comforts LLC, all orders will be placed on hold pending resolution of the dispute, and all communications must be with our appointed legal counsel. The prevailing party of any dispute shall entitled to reimbursement of attorneys’ fees by the opposing party, if awarded by the arbitrator or judge.
YOU WAIVE ANY RIGHT TO LITIGATE SUCH CONTROVERSIES, DISPUTES, OR CLAIMS IN A COURT OF LAW, AND WAIVE THE RIGHT TO TRIAL BY JURY. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY AND ALL DISPUTES OVER THE VALIDITY AND ARBITRABILITY OF ANY PART OF THIS AGREEMENT, AND ANY AWARD BY THE ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY JOINING OUR WEBSITE OR CREATING A FREE PROFILE YOU SPECIFICALLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION OR CLAIM OR COLLECTIVE ACTION OR CLAIM YOU MAY HAVE AGAINST US, INCLUDING, BUT NOT LIMITED TO, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATION OR JOINING ANY CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT OR ANY OTHER PROCEEDING. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND US WILL BE LITIGATED INDIVIDUALLY AND THAT YOU WILL NOT CONSOLIDATE OR SEEK CLASS TREATMENT FOR ANY SUCH CLAIM. IF AT ANY TIME YOU ARE DEEMED A MEMBER OF ANY CLASS CREATED BY ANY COURT OR IN ANY OTHER PROCEEDING, YOU SHALL “OPT OUT” OF SUCH CLASS AT THE FIRST OPPORTUNITY, AND SHOULD ANY THIRD PARTY PURSUE ANY CLAIMS ON YOU’RE BEHALF YOU SHALL WAIVE YOUR RIGHTS TO ANY SUCH MONETARY RECOVERY.
Severability, Waiver, Assignment, and Merger
If any of these Terms or Conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to enforce any right or failure to act with respect to any breach by you under the Terms and Conditions will not constitute a waiver of that right nor a waiver of our right to act with respect to subsequent or similar breaches. We shall have the right to assign the Terms and Conditions (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms and Conditions to any person or entity. You may not assign, in whole or part, the Terms and Conditions to any person or entity. This constitutes the entire agreement between you and us and governs your use of the Website and the Service, superseding any prior written or oral agreements in relation to the same subject matter herein.
Third Notice as to Modification
We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of the Website, Service, and the Terms and Conditions at any time. You should check these Terms and Conditions periodically for changes. By using the Website after we post any changes to the Terms and Conditions, you agree to accept those changes, regardless of whether you have reviewed them. If you do not agree to these Terms and Conditions, you should not use the Website.
