Terms of service

 

Please read these Terms of Service carefully before accessing or using our website.

TERMS AND CONDITIONS

LAST UPDATED: February 13th, 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 ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN A JURY TRIAL OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. THE ARBITRATION AGREEMENT IS SET FORTH IN THE “Dispute Resolution, Arbitration, Class-Action Waiver, Jury Waiver” SECTION BELOW.

 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 AND CONDITIONS.

 YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ALBANY PARK, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

1. OUR ONLINE STORE POLICY

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

2. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

These Terms and Conditions (“Terms”) constitute an agreement between you (“Buyer,” “you,” or “your”) and My Comfy Couches LLC (doing business as My Comfy Couches) (collectively “My Comfy Couches,” “us”, “we”, or “our” and together with you, the “Parties”) concerning the purchase and sale of products (individually a “Product” and collectively the “Products”) through www.mycomfycouches.com (“Site”). Upon acceptance of an order for Products placed by you (“Order”), we agree to supply the Products specified in the Order to you, under these Terms.

Changes. These Terms are subject to change by My Comfy Couches, without prior written notice at any time, in My Comfy Couch's sole discretion.  You should review these Terms before purchasing any product that is available through this Site. If you do not agree with a change to the Terms, your sole remedy is to not access or use the Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

3. 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 email with your order number and details of the items you have ordered.

4. PRICES AND PAYMENT TERMS

a) All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a product will be the price in effect at the time the Order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and 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) We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

c) Terms of payment are within our sole discretion and full prepayment is required for any order unless otherwise specified by us. We reserve the right to specify the manner of payment and will be permitted to withhold delivery of Products until payment is made by you.

5. SHIPPING POLICY

General Information
At My Comfy Couches, we strive to provide the best shipping experience for our customers. Our goal is to deliver your new favorite piece of furniture swiftly and safely right to your doorstep. Please review the following shipping policy, which outlines our processes and limitations.

Shipping Timeframes
Processing Time: Orders are processed within 2-3 business days. During peak seasons, processing times may extend to 4-5 business days.

Standard Shipping: Delivery typically takes 5-7 business days after processing. However, please note that these delivery times are estimates and not guaranteed.

Delivery Window: You will receive an estimation of when your order will ship at checkout.

We will also send you a tracking number once your order has shipped so you can follow its journey.

Important Note: Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Shipping Rates
Standard Shipping: Free for all orders except for the swatches booklet product.

International Shipping: We do not offer international shipping at this time. We apologize for any inconvenience.

Delivery Process – Curbside Delivery
Our standard delivery method is curbside delivery. In most cases, we ship via FedEx, and they typically bring your packages right to your front door.

If you live in an apartment—especially above the first floor—FedEx may leave your items at the leasing office or mail center, if available.

Once your order ships, you’ll receive tracking numbers so you can follow the progress and manage the delivery through FedEx. They’ll also provide an estimated delivery date and time window.

While it’s not required, we recommend having someone available to receive and inspect the delivery, just in case any issues arise.


Title and Risk of Loss
Title and risk of loss pass to you upon our transfer of the Products purchased on our Site to the carrier.

Tracking Your Order
Once your order has been shipped, you will receive a confirmation email with your tracking number for your packages.

You can use these numbers to track your order through our carrier’s website. Please be aware that My Comfy Couches is not liable for any delays or issues with the shipping provider.

Estimated Delivery Times
Please note that all shipping and delivery dates provided are estimates only and are not guaranteed.

While we aim to meet our estimated timelines, orders may experience delays without prior notice due to factors beyond our control, including supply chain or carrier issues.

Thank you for your understanding and patience.

Damages and Issues
We take great care in packaging your order to ensure it arrives in perfect condition. However, if your order arrives damaged or you receive the wrong item, please contact our customer service team within 48 hours of delivery. We will arrange for a replacement or refund as quickly as possible. My Comfy Couches reserves the right to request photographic evidence of damages before issuing a refund or replacement.

6. ORDER CANCELLATIONS POLICY

  • Within 12 Hours: Full refund, no questions asked.
  • After 12 Hours (Pre-Shipping): If your order hasn't left our warehouse yet, we can still cancel it but there is a fee to cover non-refundable transaction processing costs. The fee formula is payment fee (usually 2% to 5% depending on your payment method) plus 1% administrative fee. 
  • Post-Shipping: if the order has already shipped, please follow the standard 30-day return process below.

7. RETURNS AND REFUNDS
Buying a couch online is a big decision, and we want you to make it with total confidence. That’s why we’ve designed our return process to give you peace of mind—so you can try your couch at home, risk-free. At My Comfy Couches, we've removed the hidden fees so you can focus on finding your perfect fit.

We want you to feel 100% confident in your purchase—and we’re here if you change your mind.

Below is our return policy to make the process smooth, clear, and stress-free.

30-Day Risk-Free Trial
You have 30 days from the date of delivery to live with your couch, nap on it, and make sure it's the one. If you decide it's not for you, we will take it back.

No Return Fees. Period.

We've simplified our policy to be 100% transparent:

  • No Per-Seat Fees: We have eliminated the $100 per piece return charges.
  • No Restocking Fees: We don't charge you to put items back in our warehouse.
  • Free Return Shipping: We provide the shipping labels to cover the shipping costs.
  • Full Refunds: You receive 100% of your purchase price back for items returned in like-new condition.


Refund Method

Refunds are issued to your original payment method after your return is received and inspected.

Please allow 7–10 business days for processing once your couch has been delivered back to us.


Arrived Damaged? We’ve Got You.

If something isn’t right when your couch arrives, we’ve got you covered.

Just email us with photos of the issue, and we’ll work quickly to resolve it—whether that means sending replacement parts, new covers, or a full replacement, depending on the situation.


How to Start a Return

  1. Email our team at hello@mycomfycouches.com with your order number.

  2. For items still in the box, we’ll email you prepaid FedEx return labels for your boxes, and help you schedule a pickup time for FedEx to pickup from your porch.
  3. For assembled couches, we'll schedule a time for us to come pickup the couch from your home.

  4. Once your couch is returned and inspected, your refund will be processed.

    Peace of Mind for Life

    Your relationship with us doesn't end at the return window. Every purchase includes:

    • 12-Month CloudSound Protection: Love your built-in speakers and charging stations with total confidence. For the first 12 months, your integrated electronics are fully protected against technical defects. If your sound or power isn't performing perfectly, we'll provide the necessary parts or replacements to get you back to your favorite playlist.
    • 12-Month Cloudcover Protection: For the first 12 months, if a spill turns into a stain, we'll send you up to two replacement covers for free. No hassle, and no fine print.
    • Lifetime Limited Warranty: We stand by our craftsmanship for the long haul. Our frames and structural components are built to last a lifetime.
    • Refresh Whenever: Down the line, if you want to freshen things up or change your look, we offer replacement cushions and covers for purchase to help your couch stay comfy and look brand new for a decade or more.

    Real Support from Real Humans

    Have a question? Our friendly, real-human support team typically responds within 24 hours—often faster.

    Reach us any time at hello@mycomfycouches.com, or 1-800-902-6022.

    8. ERRORS AND OMISSIONS

    All measurements on the Site and within our advertising are approximate. Errors or omissions in any quotation or other document will be subject to correction, in our sole discretion, and we will not be liable for any deviation in measurements listed on the Site or in our advertisements.

    9. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

    We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

    10. MODIFICATIONS TO THE SERVICE AND PRICES

    Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

    11. OUR PRODUCTS

    We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

    We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic, region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

    12. ACCURACY OF BILLING INFORMATION

    We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

     

    13. Warranty and Disclaimers

    ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) 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. 

    SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. 

    YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

    14. Limitation of Liability

    IN NO EVENT SHALL My Comfy Couches, its parents, subsidiaries, affiliates, partners, agents, OR licensors and each of their respective officers, directors, shareholders OR employees BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

    OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE. 

    The limitation of liability set forth above shall apply to the extent permitted by law.

    15. Time Limitation for Claims.

    TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIMS RELATING IN ANY WAY TO THE SITE, THESE TERMS OR YOUR ORDER MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENTS FIRST GIVING RISE TO THE CLAIMS. IF NOT COMMENCED WITHIN THIS ONE (1) YEAR PERIOD, YOU AND ALBANY PARK ARE PERMANENTLY BARRED FROM PURSUING THAT CLAIM.

    16. Indemnification.

    You agree to indemnify and hold harmless My Comfy Couches, its parents, subsidiaries, affiliates, partners, agents, and licensors and each of their respective officers, directors, shareholders and employees against and from any and all liabilities, claims, costs, damages, reasonable settlements and expenses (including without limitation reasonable attorneys' fees and court costs) to the extent arising out of or attributable to your breach of any of the provisions, representations, or warranties set forth in these Terms. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. You will cooperate as fully and as reasonably required in our defense of any claim.

    17. 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 emergency, revolution, insurrection, epidemic, 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.

    18. Governing Law and Jurisdiction.

    These Terms and your Order shall be governed and interpreted in accordance with the laws of Texas, including its provisions of the Uniform Commercial Code, without reference to principles of conflict of laws. The Parties exclude the application of the Convention on International Sale of Products to the Terms and Order. Any action at law, suit in equity, or other judicial proceedings for the enforcement of these Terms or the Order, or related to any provision of these Terms or the Order, shall be instituted only in state or federal courts with venue in Bexar County, Texas. Each Party hereby consents to personal jurisdiction and venue in Bexar County, Texas.

    19. Dispute Resolution, Arbitration, Class-Action Waiver, Jury Waiver.

    a) Disputes. The terms of this Section 19 shall apply to all Disputes between you and MY COMFY COUCHES. For the purposes of this Section, "Dispute" shall mean any dispute, claim, controversy or action between you and MY COMFY COUCHES that has arisen, arises under or relates in any way to your use of the Site, these Terms, your Order, or any other transaction or interaction, whether occurring in the past, present, or future, involving you and MY COMFY COUCHES or involving anyone acting on behalf of or in concert with you and/or anyone acting on behalf of or in concert with MY COMFY COUCHES, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law.

    b) Binding Arbitration. You and MY COMFY COUCHES agree: (1) all Disputes shall be resolved exclusively by final and binding individual arbitration, except as otherwise set forth in these Terms, and, except that, to the extent you have in any manner violated or threatened to violate MY COMFY COUCHES’ intellectual property rights, MY COMFY COUCHES may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, your state of domicile now, at the time of such violation, or at the time of such an action, or any state in which you have conducted business, and you consent to jurisdiction and venue in such courts; (2) these Terms involve a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. subs 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination of these Terms.

    c) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. EXCEPT AS PROVIDED FOR IN SECTION 13(g) BELOW, ANY DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS OR CLASS ARBITRATIONS. ACCORDINGLY, EXCEPT AS PROVIDED FOR IN SECTION 19(g) BELOW, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.  

    d) Arbitration Procedure. An arbitration under this agreement shall be administered by the AAA and be governed by the then-current AAA Consumer Arbitration Rules ("AAA Rules"), except AAA may not administer any multiple claimant or class arbitration, as the Parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both Parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction.

    You may obtain more information about arbitration and how to file a Demand for Arbitration at www.adr.org.

    e) Hearing Format. Unless otherwise agreed, the arbitration shall take place in either Bexar County, Texas, your County of residence at the time of purchase or at the time the arbitration is initiated, or virtually. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. If the Mass Filing process described in Section 19(g) is triggered, then the location of any hearing will be determined by the arbitrator.

    f) Arbitration Fees. The fees and costs of the arbitration will be borne according to AAA's then-applicable Consumer Fee Schedule.

    g) Mass Filing. If 25 or more claimants (including you), represented by the same counsel or counsel acting in concert with one another, seek to pursue in arbitration similar Disputes against MY COMFY COUCHES ("Mass Filing"), you agree to the application of the AAA Mass Arbitration Supplementary Rules and Consumer Mass Arbitration and Mediation Fee Schedule.

    h) Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province, or territory if the action is within that court's jurisdiction and is pending only in that court.

    i) Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a written letter to MY COMFY COUCHES and Attn. Legal Department, 10295 W 18th Ct Kennewick, WA USA within thirty (30) calendar days of your Order. The letter must be signed personally by you and specify: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.

    j) Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section 19 shall be null and void. The foregoing shall also not apply to the Mass Filing process described in Section 19(g); all aspects of that process are part of one integrated whole, and if any part of that process is held to be invalid or unenforceable, then this entire Section 19 shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.

    k) Exclusive Venue for Other Controversies.
    MY COMFY COUCHES and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the state or federal courts located within the Bexar County, Texas, and each Party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

    20. Assignment.
    You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 20 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

    21. Privacy Notice.

    By accessing and using the Site, you confirm you have read and understand our Privacy Policy. Click here to view our Privacy Policy.

    22. 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 a duly authorized representative of My Comfy Couches.

    23. Severability.

    Unless otherwise stated, 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.

    24. Entire Agreement.

    These Terms shall constitute the entire agreement between the Parties and shall supersede all prior and contemporaneous proposals, negotiations and counterproposals. The Parties intend for the Terms to be a final expression of their agreement and a complete and exclusive statement of the terms and conditions thereof. Prior dealings between the Parties or usage of trade (whether before or after the date of the Order) shall not be relevant to supplement or explain any term used in these Terms. Acceptance or acquiescence in a course of performance rendered under the Terms shall not be relevant to determine the meaning of the Terms even though the accepting or acquiescing Party has knowledge of the nature of the performance or usage of trade and an opportunity for objection. Nothing in the Terms shall be construed as creating any direct or beneficial right in or on behalf of any third party.