Terms of Use

Welcome to Smart Furniture!

Smart Furniture LLC ("Smart Furniture," "we" or "us") provides this website (the "Site") subject to your compliance with these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. These Terms of Use constitute an agreement between Smart Furniture and you. We recommend that you print out a copy of these Terms of Use for your records.

By using the Site, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Site.

Please note that these Terms of Use contain legally binding provisions that govern the resolution of claims between Smart Furniture and you. Please see the Indemnity, Disclaimer of Warranties, Limitation of Liability and Legal Disputes sections for complete details.

When we determine is legally necessary or appropriate, we may disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law, or to comply with a legal process served on us.

Ownership 
Our website and all intellectual property rights included in or related to our website (including but not limited to copyrights, trademarks, service marks, domain name rights, patents and data rights), are owned or licensed by us, and all right, title and interest in our website and the intellectual property rights remain our property. Please note that pictures of our products or our vendor's products on our site are NOT in the public domain and you are NOT permitted to copy, download, modify or redistribute or redisplay these images without our prior written consent. You may not, and these terms & conditions do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to our website. Furthermore, you may not remove any copyright, trademark or other

intellectual property or proprietary notice or legend contained on our website or its content. You may not use any of our trademarks, copyrights, patents or other intellectual property for any reason not expressly stated above without our prior written consent.

Retargeting 
SmartFurniture.com displays retargeted ads to our site prospects across the Internet. We collect Non-Personally Identifiable Information about your visits to our website, and your interaction with our products and services. The anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major web sites. No Personally Identifiable Information is collected during in this process. If you do not want SmartFurniture.com to collect this information, you may opt out of their service. Opting out will not affect your use of our site. To Opt-out of retargeting, please click here.

Order Acceptance 
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. SmartFurniture.com reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order. Prices and availability of products on the website are subject to change without notice. Errors will be corrected when discovered, and SmartFurniture.com reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).

Links to Other Web Sites 
SmartFurniture.com makes no claim or representation, and accepts no responsibility, regarding the quality, nature, or reliability of the sites accessible by hyperlinks from this website, or websites linked to this website.

Warranties and Disclaimers 
SmartFurniture.com intends for the information and data contained in its website to be accurate and reliable. However, since the information and data have been compiled from a variety of sources, the information is provided ''AS IS.'' You expressly agree that your use of this site is at your sole risk. SmartFurniture.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Indemnification 
The Customer hereby agrees to indemnify and hold harmless SmartFurniture.com against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from any negligent act in the performance and/or failure to perform.

Limitation of Liability 
IN NO EVENT SHALL SMARTFURNITURE.COM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF SMARTFURNITURE.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. ANY DISPUTES WITH SMARTFURNITURE.COM SHALL BE RESOLVED IN THE CITY OF CHATTANOOGA, TENNESSEE.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.

Governing Law
This website is operated by SmartFurniture.com from its offices in Chattanooga, Tennessee, USA. The law of the State of Tennessee shall govern these terms and conditions, without reference to its choice of law rules. SmartFurniture.com makes no representation that the information within the website is appropriate or available for use in other locations, and access to the website from territories where the content of the website may be illegal is prohibited. Those who choose to access the website from other locations do on their own initiative and are responsible for compliance with applicable local laws.

Gift Card Terms & Conditions 

Redemption 
Gift cards purchased at www.SmartFurniture.com (“Gift Cards”) must be redeemed on www.SmartFurniture.com. Purchases are deducted from the Gift Card balance. Any unused balance will be placed in the recipient's Gift Card account when redeemed. If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other available payment method. SmartFurniture.com may provide Gift Card purchasers with information about the redemption status of Gift Cards that they purchase. Gift Cards purchased at SmartFurniture.com do not expire; however, Gift Cards which are given away by SmartFurniture.com or its partners are subject to expiration as stated below.

To check your gift card balance, please contact us by sending an email to customerservice@smartfurniture.com

Limitations

  • Gift Cards may not be redeemed for the purchase of products at any other website operated by SmartFurniture.com, its affiliates, or any other person or entity, except as indicated by these terms and condition
  • Gift Cards cannot be used to purchase other gift cards.
  • Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Unused Gift Card balances in a SmartFurniture.com account may not be transferred.


Risk of Loss
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. We are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission.

Fraud
SmartFurniture.com will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on SmartFurniture.com.

General Terms
Gift Cards are not returnable or refundable for cash except in states where required by law. Resale of Gift Cards is strictly prohibited.

Promotional Gift Card Information
SmartFurniture.com Promotional Gift Cards are given by SmartFurniture.com or its partners for free; these may be distributed as “free with purchase” promotions, as a reward, an incentive or as part of a marketing program or other promotion. These cards are subject to expiry, so please use them promptly. Promotional Gift Cards typically have an expiration date of 90 days from date of issuance. To check expiration date and available funds call (888) 467-6278.

Privacy & Security

Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Site. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.

Information security is important to Smart Furniture. We use appropriate industry standard safeguards to protect the information that we collect from or about our users. Smart Furniture reserves the right to disclose any information, including your information, as Smart Furniture deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Changes to Policies

Smart Furniture reserves the right, at any time, to change these Terms of Use, the Privacy Policy and/or the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices or statements regarding the Site.

Intellectual Property Rights

Smart Furniture is the owner or licensee of the content and the owner of the compilation of content that is posted on the Site, including without limitation, the arrangement and layout of the Site, including but not limited to, images, rotatable graphics, video, images, text, graphics, buttons, screenshots, downloadable files, and other content or material (collectively, the "Content"). The Content that Smart Furniture makes available on the Site may be owned by Smart Furniture, owned by others and used with their permission (such as User Content or photographs from manufacturers), or used in accordance with applicable law.

Smart Furniture grants to you a personal, non-transferable, non-exclusive, revocable license to use the Site to purchase product from Smart Furniture, to view the Site and the material on the Site using a computer or mobile device, to copy and store the Site and the material on this website in your web browser cache memory, and to print pages from the Site for your personal and non-commercial use. Smart Furniture does not grant any other rights regarding the Site or the material on the Site. Smart Furniture reserves all other rights.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS STRICTLY PROHIBITED.

Smart Furniture takes the protection of its copyrights very seriously. If Smart Furniture discovers that use of its copyrighted materials has been made in violation of the foregoing limited license, Smart Furniture may bring legal proceedings against the violator seeking, among other things, monetary damages and attorney's fees.

For copyright infringement claims, please see our Copyright Policy.

The Site contain valuable trademarks and service marks owned and used by Smart Furniture, including but not limited to, Smart Furniture (the "Smart Furniture Mark"). Any use of the Smart Furniture Mark without the prior written permission of Smart Furniture is strictly prohibited. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by Smart Furniture but appear on the Site are the property of their respective owners.

Acceptable Use Policy

The Site permits the submission of user-generated content, such as chat sessions and product reviews, generated by you and others users ("User Content"). By submitting User Content and otherwise using the Site, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Smart Furniture all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Site to harm any person or entity, including Smart Furniture; (iv) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) disguise the origin of any content transmitted to or through the Site; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, spam, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains malware, computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Site or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations; (ix) collect, store or use Personally Identifiable Information about other users of the Site without their consent; (x) use the Site (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (xii) use any of the Site in any manner that could overburden or impair any of the Site or the networks or systems connected to the Site; and/or (xiii) use any device, software or instrumentality to interfere with the proper working of the Site or violate any requirements, procedures, policies or regulations of networks connected to the Site.

You also agree that you will not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. Smart Furniture reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Links to Other Websites

The Site may contain links to third-party websites ("Other Site") that are not under Smart Furniture' control. Smart Furniture makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Site that are accessible by hyperlinks from the Site or link to the Site. Smart Furniture provides these links to you as a convenience and the inclusion of any link does not imply endorsement by Smart Furniture of Other Site or any association with the operators of such Other Site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party Site.

Mobile Devices and Mobile Applications

If you use a mobile device to access the Site, the following additional terms and conditions ("Mobile Terms") also apply to you. Your access to the Site via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use.

You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless transmission through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. You further understand that publically available Wi-Fi systems may be unsecure and third parties may access information sent over such systems. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

Notice to California Residents

California law requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all products sold through the Site. Please call us prior to ordering if you have any questions regarding the safety of these products.

Pursuant to California Civil Code Section 1789.3, Smart Furniture provides users of the Site with the following notice: You may report complaints in writing to the Complaint Assistance Unit, Consumer Information Division, Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210. For further information, see http://www.dca.ca.gov/about_dca/contactus.shtml.

Communications with Smart Furniture

For communications made to or with Smart Furniture, including but not limited to User Content, feedback, product reviews, chat sessions, emails, questions, comments, suggestions and the like: (i) you have no right to confidentiality in such communications and Smart Furniture will have no obligation to protect your communications from disclosure; (ii) Smart Furniture will be free to reproduce, use, disclose and distribute your communications to others in its sole discretion; and (iii) Smart Furniture will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

Indemnity

You agree to indemnify and hold Smart Furniture and its agents and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your use of the Site, including any User Content you submit, post to or transmit through the Site, (ii) your violation of any of these Terms of Use or (iii) your violation of any rights of any third party.

Disclaimer of Warranties

Smart Furniture intends for the information and data contained in the Site to be accurate and reliable but such information and data are provided 'AS IS' and "AS AVAILABLE". You expressly agree that your use of the Site and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, Smart Furniture EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.

Limitation of Liability

IN NO EVENT WILL Smart Furniture OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER METHODS , INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Smart Furniture HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.

Regardless of the previous paragraphs, if Smart Furniture is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) month period prior to the action or omission giving rise to the liability or (b) $100.

Legal Disputes

YOU AND Smart Furniture AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and Smart Furniture, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, "Smart Furniture") arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration in Hamilton County, Tennessee administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' prior written notice of its intent to file for arbitration. Smart Furniture will provide such notice by e-mail to your e-mail address on file with Smart Furniture and you must provide such notice by e-mail to legal@Smart Furniture.com.

During such 60-day period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such settlement and expiration of the 60-day period, either party may initiate arbitration. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law (which is Tennessee law) and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review and reversal. Smart Furniture and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Smart Furniture nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action. The arbitrator will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found to be unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms of Use must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Termination

Your ability to access and use the Site remains in effect unless and until terminated in accordance with these Terms of Use. You agree that Smart Furniture, in its sole discretion, with or without prior notice, may terminate your account and/or your use of the Site and/or may remove and delete your User Content if Smart Furniture believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. Smart Furniture also may in its sole discretion and at any time discontinue providing the Site, or any part thereof, or may modify the Site, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice and you acknowledge and agree that Smart Furniture may bar any further access to the Site. Further, you agree that Smart Furniture will not be liable to you or any third-party for any termination of access to the Site.

You may terminate your account by sending a letter stating your intention to Smart Furniture LLC, 3010 Williams St #118
Chattanooga, TN 37410 Attn: Service or an email to service@smartfurniture.com, with the subject line "Termination Request".

The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.

Right to Access

YOU MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO USE THE SITE. By using the Site, you affirm that you are over thirteen (13) years of age. If you are under thirteen (13) years of age, you may not access or use the Site.

IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER'S REGISTRATION WITH AND USE OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS REGARDING OF SUCH TEENAGER'S USE OF THE SITE.

Site Unavailability and Outages

Smart Furniture periodically schedules system downtime for the Site for maintenance and other purposes. Unplanned system outages also may occur. You agree that Smart Furniture has no responsibility and is not liable for: (a) the unavailability of any of the Site; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Site, any Internet service providers or otherwise.

Jurisdictional Issues

The Site is operated by Smart Furniture from its offices in Chattanooga, Tennessee, United States of America. The Site is intended for users who reside in the United States of America. Smart Furniture only sells product to addresses in the United States of America. Smart Furniture makes no representations or warranties that the Site or any materials contained therein are valid, appropriate or available for use outside of the United States. If you access and use the Site outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Smart Furniture reserves the right to limit the availability of the Site and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion.

General Information

No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement is held to be illegal or otherwise unenforceable, such provision will be severed, and the remainder of the Agreement will continue in full force and effect. These Terms of Use set forth the entire Agreement between you and Smart Furniture with respect to use of the Site and supersede any prior agreements between you and Smart Furniture relating to such subject matter. The Terms of Use are not assignable, transferable or sublicensable by you except with Smart Furniture' prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Smart Furniture' performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Smart Furniture' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Smart Furniture with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All correspondence relating to these Terms of Use must be written in the English language.

Violations

Please report any violations of these Terms of Use to us.

Questions?

If you have questions, comments or complaints about these Terms or the Site, please contact us.

Privacy Policy

This Privacy Policy ("Privacy Policy") explains how Smart Furniture, LLC ("Smart Furniture," "we" or "us" ) collects and processes the information that you share when you use this website (the "Site") through a computer or mobile device (collectively, the "Service").

Before providing your information to the Service, please read this Privacy Policy. By using or accessing the Service, you accept the terms and conditions set forth in this Privacy Policy. If you do not want us to collect and process information about you, please do not submit it and do not access or use the Service.

We do not intentionally collect any Personally Identifiable Information from children under thirteen (13) years of age. Where any such information is inadvertently collected, we will delete the information as soon as possible. If you believe a child under thirteen (13) years of age has provided us with Personally Identifiable Information, please contact us.

Information We Collect

We collect certain information that you share with us, including:

Personally Identifiable Information: "Personally Identifiable Information" or "PII" is information that can personally identify you, such as your name, email address and telephone number. We may retain your Personally Identifiable Information as reasonably required to serve you and operate the Service. What specific Personally Identifiable Information we collect depends on how you use the Service. Providing your Personally Identifiable Information to us is your choice. Be aware, however, that if you choose not to provide us with certain Personally Identifiable Information, you may not be able to take advantage of certain features of the Service.
General Information: When you visit the Service, we may collect various categories of general non-Personally Identifiable Information ("General Information"). General Information includes browser information, operating system information, device information, TCP-IP address and the date, time, length of stay and specific pages accessed during your visits to the Service.
Registering for the Service or Creating an Account

If you register to use the Service or create an account we may collect Personally Identifiable Information including your name, email address, mailing address, and telephone number and other information that you provide to us.

You may review, update, or modify your account information, including profile and contact information, at any time by logging into your Smart Furniture account.

Online Identification Tools

We may use your IP address to help identify and solve issues with our server and provide you with a better web browsing experience. We may use your IP address to identify you, your shopping cart and wish list and to collect General Information.

We use cookies to keep track of your items in your cart and wish list and for other purposes such as personalizing the Service. A cookie is a small file stored by your internet browser on your computer. By default, your web browser is set up to accept cookies. If you change the settings to reject cookies, the Service will not be able to recognize your account, cart, wish list or to personalize the content that you see.

Do Not Track Signals

Some web browsers incorporate a "Do Not Track" ("DNT") or similar feature that signals to a website that a user does not want to have his or her online activity tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information. Not all browsers offer a DNT option and DNT signals are not yet uniform. Thus, the Site may not recognize or respond to DNT signals.

Third Party Features

The Service also may include social media buttons and widgets, such as the Facebook or Twitter "Like" button. Clicking on these buttons will take you to third party website. These third party websites may collect and display your Personally Identifiable Information, your IP address and the page you are visiting on the Service and may set a cookie to enable the feature to function properly. These features may be hosted by a third party and your interactions with them are governed by the privacy policy of the third party that provides the feature.

Third-Party Links

We may provide links to third-party websites that we do not own or control, for example, to social media websites and websites operated by manufacturers of products we sell. We are not responsible for the information collection practices of any website that we do not own or control. The privacy practices of third-party websites are solely their responsibility.

How Your Personally Identifiable Information is Used, Processed and Disclosed

Except as specified in this Privacy Policy, Smart Furniture does not rent, sell, trade or disclose your Personally Identifiable Information to third parties without your prior consent. Smart Furniture may, however, use, process and disclose Personally Identifiable Information to:

send information to customers about orders;
fulfill your orders;
process and collect your payments;
send you promotional marketing material about Smart Furniture' company and partners;
customize, analyze, adjust and improve the Service to better meet your needs;
enforce Smart Furniture' agreements with you;
provide you with important administrative information regarding the Service, such as changes to this Privacy Policy and our Terms of Use, and other policies;
prevent fraud and other prohibited or illegal activities; and
comply with potential requests of law enforcement or data protection agencies.

We may combine and/or link General Information with Personally Identifiable Information.

Information about customers is considered an asset of Smart Furniture and, as such, may be transferred to another company as part of a merger or acquisition.

We may use your General Information and Personally Identifiable Information that has been stripped of personally identifiable information to prepare anonymized, aggregated data about our users ("Anonymized Data"). We may provide third parties with Anonymized Data in describing the Service to prospective partners, advertisers and other third parties, and for any other lawful purposes. As communicated to third parties, the Anonymized Data will not include any information permitting the recipient to identify, locate or contact you.

Third Party Service Providers

Smart Furniture employs other companies and individuals to perform functions on our behalf, such as fulfilling orders, delivering packages, sending postal mail and e-mail, providing search results and links, processing credit card payments, and other services. These third-party service providers have access to Personally Identifiable Information needed to perform their functions but are contractually obligated not to use it for any other purpose.

User-Generated Content

The Site permits the submission of user-generated content, such as chat sessions and product reviews, generated by you and others users ("User Content").

You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Site is non-confidential and non-proprietary. Smart Furniture may retain copies of User Content indefinitely.

By submitting User Content, you represent and warrant to Smart Furniture that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize Smart Furniture to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate Smart Furniture' Acceptable Use Policy.

As between you and Smart Furniture, you will retain all of your ownership rights in and to your User Content. By submitting User Content to Smart Furniture, however, you hereby grant to Smart Furniture a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet or any other uses or media) your User Content, in whole or in part, including future rights that Smart Furniture (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Site under these Terms of Use.

Smart Furniture does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Smart Furniture reserves the right but is not obligated to monitor User Content or other content sent to or through the Site. Smart Furniture has the right to refuse, remove or delete any User Content and/or to terminate any user's access to the Site if Smart Furniture determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms of Use. Smart Furniture takes no responsibility for and expressly disclaims any and all liability in connection with User Content.

Reviews

The Service may from time to time offer publicly-accessible customer reviews. Any information you provide in these areas may be read, collected and used by others who access them. To request removal of your Personally Identifiable Information from blogs, customer reviews or forums, please contact us. Please note that in some cases we may be unable to remove your Personally Identifiable Information.

Retention of Personally Identifiable Information

Smart Furniture retains Personally Identifiable Information for the period necessary to fulfill the purposes outlined in this Privacy Policy and/or the Terms of Use, unless a longer retention period is required or permitted by applicable law.

Accessing and Updating Your Personally Identifiable Information and Preferences

Modifying or Deleting Your Personally Identifiable Information

If you would like to modify or delete your Personally Identifiable Information, please contact us with clear instructions about what you would like to be modified or deleted. We will respond to your request promptly.

Changing Your Subscription Preferences

If you tell us that you do not want us to use your Personally Identifiable Information to contact you, Smart Furniture will respect your wishes. If you are a registered user, you may change your preferences to receive or not to receive email or other communications from us by logging in to your account and indicating those preferences on the "My Account" section of our Service.

You may also instruct Smart Furniture to stop sending you emails, newsletters or other information by following the ‘unsubscribe’ instructions provided in the email. Smart Furniture may, however, continue to use your Personally Identifiable Information to contact you to service your account or as otherwise authorized by law. Please note that if you use more than one name or e-mail address when communicating with Smart Furniture or using the Service, you may continue to receive communications from Smart Furniture to any name and/or email address not specified in your opt-out request.

Information for Visitors From California and Outside of the United States

California Residents

California law permits individuals who provide Smart Furniture with Personally Identifiable Information and who are California residents to request certain information regarding our disclosure of Personally Identifiable Information to third parties for their direct marketing purposes. To request this information, please contact us.

Visitors from Outside of the United States

The Service is hosted in the United States. The Site is intended for users who reside in the United States of America. Smart Furniture only sells product to addresses in the United States. If you are visiting the Service from outside the United States, your information may be transferred to, stored and processed in the United States in accordance with this Privacy Policy and applicable US laws. Please note that data protection and other applicable laws of the United States may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. By using the Service, you consent to transfer of your information to our facilities as described in this Privacy Policy.

Information Security

We have instituted reasonable safeguards to help ensure that information collected on the Site is secure. We also take reasonable steps to ensure that third parties who work with us to make the Site available to you agree to protect Personally Identifiable Information that they must access in order to serve you and to honor your preferences about contacts you receive.

When you send or otherwise transmit your sensitive information (such as your credit card number) to or though the Site, your sensitive information is encrypted and protected with SSL, the current industry-standard encryption protocol. We do not store your credit card information. When you are on an SSL-protected page, a picture of a closed lock appears at the bottom or top of some web browsers. Alternatively, check the URL or address of the page. Secure SSL-encrypted pages have URLs that start with "https://" instead of "http://".

Nonetheless, it is possible for third parties to access information despite our efforts. Without limiting the terms of our Terms of Use or this Privacy Policy, we do not guarantee that your use of the Site and/or information provided by you will be private or secure and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. You also understand that any information provided by you or collected by us or our agents in connection with your use of the Site will be used in the manner described in our Terms of Use. Please do not use the Site if you do not agree to the terms and conditions described in this Information Security section.

If you have any questions about security of the Site, please contact us.

Changes to our Privacy Policy

We may occasionally update this Privacy Policy to reflect changes in our practices. The modified Privacy Policy will be effective immediately upon posting on the Service. Your continued use of the Service after the posting of the modified Privacy Policy constitutes your agreement to abide and be bound by it. If we make any material change, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Service prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. If you object to any modification, your sole recourse is to stop using the Service.

Questions About our Privacy Policy

If you have questions about this Privacy Policy or Smart Furniture generally, please contact us. You can also send us physical mail to:

Smart Furniture LLC
Attention: Legal Department
3010 Williams St #118
Chattanooga, TN 37410

Smart Furniture' Copyright Policy

This Copyright Policy describes Smart Furniture' policy of prohibiting any information or materials that violate another party's intellectual property rights from appearing on the Site.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for a copyright owner who believes that material appearing on the Internet infringes his, her or its rights under U.S. copyright law. Smart Furniture complies with the DMCA by responding to notices and counter-notices that meet the then-current DMCA requirements. Current DMCA requirements may be found at http://www.copyright.gov/.

Notification of Alleged Copyright Infringement

If you have a good faith belief that material appearing on the Site infringes your copyright, you (or your agent) may send Smart Furniture a written notification pursuant to the DMCA (a "DMCA Notice"). Your DMCA Notice should be sent to our Copyright Agent (identified below), contain all of the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and request that the material be removed or that access to it be blocked. Your DMCA Notice must contain:

    1. Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Site are covered by a single notification, you may provide a representative list of such works on the Site; however, the representative list must contain sufficient detail for each of the copyrighted works so that we can identify them;
    2. Identification of the URL or other specific location on the Site that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material and comply with your request to remove or deny access to the material;
    3. Your name, address, telephone number and email address (if available);
    4. The electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner's behalf;
    5. A statement that you have a good faith belief that use of the material on the Site as you have described in the DMCA Notice is not authorized by the copyright owner or its agent or the law; and
    6. A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must submit any notification of an alleged copyright infringement to Smart Furniture' Copyright Agent by mail or email as set forth below:

Smart Furniture Copyright Agent
Attn: Legal
3010 Williams St #118
Chattanooga, TN 37410
Email: service@smartfurniture.com (Re: "Smart Furniture DMCA Notice")

If you fail to comply with all of the above requirements, your DMCA Notice will not be valid. Please note that you may be liable for damages, including court costs and attorneys' fees, if you materially misrepresent that materials on the Site are infringing a copyright.

Counter Notification

If you believe in good faith that your own copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written counter notification letter to Smart Furniture' Copyright Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:

    1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
    2. A statement that you consent to the jurisdiction of the federal district court in which your address is located or the federal district court for Chattanooga, Tennessee if your address is outside the United States;
    3. A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent;
    4. Your name, address and telephone number;
    5. A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or web location and will no longer be shown or accessible; and
    6. Your physical or electronic signature.

You may submit your counter notification to Smart Furniture' Copyright Agent by mail or email as set forth below:

Smart Furniture Copyright Agent
Attn: Legal Department
3010 Williams St #118
Chattanooga, TN 37410
Email: service@smartfurniture.com (please reference "Smart Furniture DMCA Notice")

Upon receipt of a counter notice, Smart Furniture' Copyright Agent may send a copy of it to the original complaining party informing that party that Smart Furniture may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against Smart Furniture, the removed content may be replaced or access to it restored by Smart Furniture.

You acknowledge that if you fail to comply with all of the above requirements, your DMCA counter notification will not be valid. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys' fees.

Send Us Your Suggestions

Customer feedback is very important to us. We are always looking for ways to serve you better. We want you to become a lifelong shopper with Smart Furniture.

Contact Us

Please contact us with any questions you have. We are here to serve you. We guarantee your satisfaction. On most items, we offer a 30 day return policy. Please see our return policy for specific information.

Thank you for your business.

By Phone:

800-260-8420

By Email:

service@smartfurniture.com

By Mail:

Smart Furniture
3010 Williams St #118
Chattanooga, TN 37410


Use of this site constitutes acceptance of our Terms of Use.


Copyright 2009 by Smart Furniture, Inc. All rights reserved.

Last updated January 26, 2023.