Last Modified: March 2, 2026
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. PLEASE REVIEW SECTION 13 (WAIVER OF JURY TRIALS AND BINDING ARBITRATION) FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH ELITE COMFORT SOLUTIONS, LLC, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products through https://ecsretailnav.com (the “Site”). These Terms are subject to change by Elite Comfort Solutions, LLC (referred to as “Seller,” “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Modified” date referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Notices before placing an order for products or services through this Site. You should also carefully review our Privacy Notices before placing an order for products through this Site which are available at https://privacy.leggett.com/privacy-notices (collectively, “Privacy Notices”), as the same may be updated from time to time in our sole discretion, before placing an order for products or services (see Section 10).
By clicking “I Agree,” checking an acceptance box, or placing an order through the Site, you adopt an electronic signature and consent to contract electronically, and such actions constitute your signature and assent to these Terms to the fullest extent permitted by applicable e-sign laws.
1. Account Creation and Information.
(a) You must establish an account to purchase through our Site. You agree to provide true, accurate, current, and complete information about your business and maintain such information so it remains accurate and up to date at all times. Required account information may include, without limitation, your legal entity name, business registration number, jurisdiction of organization, principal place of business, billing and shipping addresses, tax identification numbers, authorized user details, credit and trade references, and, where applicable, valid resale/exemption certificates. Upon our request, you will promptly provide supporting documentation, including certificates of good standing, evidence of authority for the individual(s) opening or administering the account, and information regarding directors, officers, and beneficial owners to the extent required for fraud prevention, sanctions screening, anti-money laundering, or credit assessment purposes.
(b) You authorize us to verify your account information and eligibility at any time, including by using third-party service providers, credit bureaus, trade reference checks, and public records. We may request additional information or documentation before or after onboarding and on a periodic or ad hoc basis. If we are unable to verify information or if information is incomplete, inaccurate, misleading, or not timely updated, we may decline, suspend, or terminate your account, suspend or cancel orders, adjust payment or credit terms, or impose other appropriate conditions.
(c) If you are entering into these Terms for an entity, the individual entering into these Terms represents to Seller that it has legal authority to bind that entity.
(d) You are responsible for all activity under your account, including activity by your employees and other authorized users. You must ensure that only duly authorized individuals access and use the account, maintain the confidentiality and security of credentials, and promptly notify us of any suspected unauthorized access or changes in authorization.
(e) We may update our information requirements from time to time to reflect legal, regulatory, or operational needs. Your continued use of the Site after any update constitutes your acceptance of the updated requirements.
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation with your order number and details of the items you have ordered. Acceptance of your order is expressly conditioned on your assent to these Terms and your submission of an order shall operate as an acceptance of these Terms, which are expressly incorporated into your order. These Terms supersede any of your general terms and conditions of purchase regardless of whether or when you have submitted your purchase order or such terms. Notwithstanding anything herein to the contrary, these Terms supersede any written contract signed by both parties, unless such separate written contract expressly applies to online sales of products through this Site.
3. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) Terms of payment are within our sole discretion. Invoices are due and payable within the time stated on your invoice or, if no time is stated, payment is required in advance of delivery. We may charge a late payment penalty of 1.5% per month on undisputed amounts, or the maximum rate permitted by law, whichever is less. Without waiving any of our other rights or remedies, we may refuse additional orders until all overdue amounts are paid in full. Customer’s obligation to pay amounts due is absolute and unconditional and is not contingent on Customer’s receipt of payment from any of its end-customers or any other third party. Customer will pay all amounts due without setoff, recoupment, deduction, or withholding (except for tax withholdings required by law and supported by proper documentation), unless otherwise agreed by us in a signed writing.
4. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you or to the ship-to address you designate, including your end-customers’ addresses, solely at your direction and on your behalf. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.
(b) Title and risk of loss pass to you upon our tender of the products to the carrier, regardless of the consignee or ship-to address you designate. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds. You are solely responsible for managing returns and refunds with your end-customers. Returns to us require a Return Merchandise Authorization (“RMA”) issued by us and must comply with our then-current RMA policy and procedures. We do not accept returns without an RMA. You are responsible for return shipping, risk of loss in transit, and any applicable restocking fees, as stated in our RMA policy. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. Refunds or credits (if applicable) will be processed to the original method of payment within a reasonable period after our receipt and inspection of the returned products.
6. Limited Warranty.
(a) The limited warranty applicable to each product is as set forth in the written warranty statement accompanying that product or published by us for that product, as in effect on the shipment date (each a “Product Warranty”).
(b) EXCEPT FOR THE PRODUCT WARRANTIES SET FORTH IN SECTION 6(a), WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS PURCHASED THROUGH THE SITE, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
(c) Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the products. Third Party Products are not covered by the warranty in Section 6(a). For the avoidance of doubt, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
(d) We shall not be liable for a breach of a Product Warranty set forth in Section 6(a) unless: (i) you give written notice of the defective products or services, as the case may be, reasonably described, to us within the timeframe in which is required by the applicable Product Warranty; (ii) if applicable, we are given a reasonable opportunity after receiving the notice of breach of the Product Warranty to examine such products and you (if we so request) return such products to our place of business at your cost for the examination to take place there; and (iii) we reasonably verify your claim that the products are defective.
(e) We shall not be liable for a breach of the warranty set forth in Section 6(a) if: (i) you make any further use of such products after you give such notice; (ii) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the products; or (iii) you alter or repair such products without our prior written consent (to be given or withheld in our sole discretion).
(f) Subject to Section 6(d) and Section 6(e) above, with respect to any such products during the Warranty Period, we shall, in our sole discretion, either: (i) repair or replace such products (or the defective part) or (ii) credit or refund the amounts paid by you for such products provided that, if we so request, you shall, at your expense, return such products to us.
(g) THE REMEDIES SET FORTH IN SECTION THIS SECTION 6 SHALL BE THE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH IN SECTION 6(a).
7. Limitation of Liability.
(a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS AND SERVICES SOLD THROUGH THE SITE.
8. Resales.
(a) You represent and warrant that you are buying products from the Site for direct use and/or resale to your end-customers, in each case within the United States. You will not export products or resell outside the United States without our prior written consent (to be given or withheld in our sole discretion).
(b) If you purchase for resale, you represent and warrant that you hold, and will maintain, all necessary registrations, permits, and documentation to purchase and to resell in each relevant jurisdiction (tax-exempt where applicable). You will provide, maintain, and promptly update current and valid resale/exemption certificates and any other documentation reasonably requested by us to substantiate resale status, tax treatment, and compliance with applicable law. You acknowledge that you are solely responsible for collecting, remitting, and reporting all taxes arising from your resale activities.
(c) You acknowledge and agree that if you are reselling products to your end-customers, and that we may ship products to such end-customers at your direction and on your behalf, and that nothing in these Terms makes us the seller of record to any consumer. Our warranty obligations are solely as set forth in the applicable Product Warranty. You are solely responsible for compliance with laws applicable to your retail sale to consumers, including labeling, safety instructions/owner’s manuals, required disclosures, and pre-sale availability of any applicable warranties, except to the extent obligations apply to us strictly in our capacity as manufacturer. Where an order involves shipment directly to an end-customer or another third party designated by you, you must provide accurate and complete recipient information and any required delivery, export/import, regulatory, or compliance details. You will not provide more personal data than is necessary for fulfillment. You represent and warrant that you have a lawful basis and all necessary consents or notices to disclose any personal data to us for order processing and that such disclosure complies with applicable data protection and privacy laws. You remain the controller of your end-customer data for your resale activities. We will process any personal data received from you in accordance with our Privacy Notices and applicable law. We and you will reasonably cooperate regarding the content of product safety instructions/owner’s manuals and any packaging or labeling practices you identify as necessary to comply with applicable law; however, we do not assume responsibility to ensure such practices are sufficient.
(d) You will indemnify, defend, and hold harmless Seller and its affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claim arising out of your resale of the products, your breach of the representations and warranties set forth herein, or your failure to comply with applicable laws, including, without limitation, consumer protection, product safety, data protection and privacy laws.
9. Intellectual Property Use and Ownership. You acknowledge and agree that:
(a) Subject to compliance with our brand guidelines (as updated from time to time), we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the term of your account to use our name, logos, trademarks, product descriptions, specifications, and product images that we make available to you solely to market and resell the products. You will not (a) alter or obscure our trademarks, (b) modify product images or specifications without our prior written approval, or (c) make claims about the products that are not consistent with our materials. We may require correction or removal of any marketing content in your channels upon notice, and you will promptly comply. Upon request, you will remove marketing content that is outdated due to product changes or that we reasonably identify as noncompliant.
(b) Manufacturer and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product made available on the Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted in Section 9(a). You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through the Site, or of any intellectual property rights relating to those products.
10. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Notices, found at https://privacy.leggett.com/privacy-notices, as the same may be updated from time to time in our sole discretion, govern the processing of all personal data collected from you in connection with your purchase of products through this Site.
11. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national, regional or local emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Missouri.
13. Waiver of Jury Trials and Binding Arbitration.
(a) YOU AND US ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) A confidential binding arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”) by a single arbitrator. (The Commercial Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(c) You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR SELLER WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction
(d) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
14. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE OR ANY PRODUCTS PURCHASED MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent (to be given or withheld in our sole discretion). Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
16. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.
17. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
18. Notices.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by email transmission to support@ECSRetailNav.com or (ii) by personal delivery, overnight courier, or registered or certified mail to Elite Comfort Solutions, LLC, 1115 Farrington Street, Conover North Carolina 28613 and a copy to Leggett & Platt, Incorporated, Attn: Legal Department, General Counsel, 1 Leggett Road, Carthage, Missouri 64836. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
19. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
20. Superseding Terms. These Terms supersede any of your general terms and conditions of purchase regardless of whether or when you have submitted your purchase order or such terms. Seller expressly rejects your general terms and conditions of purchase, and fulfillment of your order does not constitute acceptance of any of your terms and conditions or serve to modify or amend these Terms. Notwithstanding anything herein to the contrary, these Terms supersede any written contract signed by both parties, unless such separate written contract expressly applies to online sales of products through this Site.
Entire Agreement. These Terms, our Website Terms of Use and our Privacy Notices will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.