SIT-STORE-SLEEP



Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE.

THE SMART SOFA  and its affiliates ("THE SMART SOFA", "we" or "us") provides this and other websites (including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time) (collectively, "Sites") subject to your compliance with these Terms of Use.

These Terms of Use constitute an agreement between THE SMART SOFA and you. By using the Sites, you affirm that you are at least eighteen (18) years of age and able to understand, 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 please do not use our site.

 

Privacy & Security

Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Sites. 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 THE SMART SOFA. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. THE SMART SOFA does, however, reserve the right at all times to disclose any information as THE SMART SOFA deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

We endeavor to safeguard and protect our Users’ information.  When Users submit personally identifiable information at the Site, their personally identifiable information is protected both online and offline.  When our registration process asks Users to submit Sensitive Information (such as bank account information), and when we transmit such Sensitive Information, that Sensitive Information is encrypted and protected with SSL encryption software.  While we use SSL encryption to protect Sensitive Information online, we protect all other user information online and offline.  The servers that we store personally identifiable information in are kept in a secure physical environment.  We have security measures in place to protect the loss, misuse and alteration of personally identifiable information under our control.  

Please be advised that, although we take every reasonable precaution available to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure.  Therefore, we cannot warrant that your information will be absolutely secure.  Any transmission of data at or through our Site is at your own risk.  However, access to your personally identifiable information is strictly limited, and not accessible to the public.  Only employees, and third party agents, that need the information to perform a specific job are granted access to personally identifiable information.  Our employees are dedicated to ensuring the security and privacy of all user information.  Employees not adhering to our written firm policies are subject to disciplinary action.  In compliance with applicable United States federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personally identifiable information.  You will be notified via e-mail in the event of such a breach.  Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

 

Changes

THE SMART SOFA reserves the right, at any time, to change these Terms of Use, our Privacy Policy and/or the Sites. Your use of the Sites 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 Sites. If we request, you agree to sign a non-electronic version of these Terms of Use. We will notify you of any change to these Terms of Use by updating the date on this page.

 

Intellectual Property Rights 

The Sites contain valuable trademarks and service marks owned and used by THE SMART SOFA, including but not limited to, THE SMART SOFA and THE SMART SOFA design logo. Any use of those without the prior written permission of THE SMART SOFA is strictly prohibited. The arrangement and layout of the Sites, including but not limited to THE SMART SOFA, THE SMART SOFA design logo, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the "Site Content"), are the sole and exclusive property ofTHE SMART SOFA

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

 

User-Generated Content

From time to time, the Sites permit the submission of content, such as “Votes”, comments, 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 Sites is non-confidential and non-proprietary.

By submitting User Content, you represent and warrant to  THE SMART SOFA 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  THE SMART SOFA 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 THE SMART SOFA 's Acceptable Use Policy set forth below. 

As between you and THE SMART SOFA , you will retain all of your ownership rights in and to your User Content. By submitting User Content to THE SMART SOFA , you hereby grant to THE SMART SOFA a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sub licensable (through multiple tiers) 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, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that THE SMART SOFA (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 Sites a non-exclusive license to access your User Content through the Sites 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 Sites under these Terms of Use.

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

 

Acceptable Use Policy

By submitting User Content and otherwise using the Sites, 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 THE SMART SOFA 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 Sites to harm any person or entity, including THE SMART SOFA; (iv) impersonate any person or entity, including but not limited to, a representative of THE SMART SOFA, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites 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, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.

You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. THE SMART SOFA 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.

 

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. THE SMART SOFA 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 an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and THE SMART SOFA reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders may constitute improper use of the Sites and the THE SMART SOFA Rewards Program described below. THE SMART SOFA reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at THE SMART SOFA 's sole discretion.

 

Frequent Users (FU) Program

The Frequent Users (FU) Program (the "Program") is exclusively for users of the Sites who have registered for the Program in accordance with the directions set forth below and on the Sites. When you make a qualifying purchase at any of the Sites designated as participating sites by THE SMART SOFA from time to time (the "Participating Sites"), you will have the opportunity to earn THE SMART SOFA “Perks” that may vary and be updated depending on the time of the year and the product. Perks may be applied to future purchases at the Participating Sites in accordance with these Terms of Use.

 

Links to Other Websites 

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

 

Mobile Devices and Mobile Applications

If you use a mobile device to access pages of the Sites optimized for viewing via a mobile device, opt in to receive SMS (text messages) from THE SMART SOFA (as/when available) or using a mobile application the following additional terms and conditions ("Mobile Terms") also apply to you. Your access to the Sites 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 Sites 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 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. 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.

 

Communications with THE SMART SOFA 

For all communications made to or with THE SMART SOFA , including but not limited to feedback, questions, comments, suggestions and the like: (i)You will have no right to confidentiality in your communications and THE SMART SOFA will have no obligation to protect your communications from disclosure; (ii) THE SMART SOFA will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) THE SMART SOFA 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.

 

Indemnification

You agree to defend, indemnify, and hold harmless Company, its officers, directors, shareholders, employees, independent

contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.

 

Disclaimer of Warranties

 THE SMART SOFA intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided 'AS IS' and "AS AVAILABLE". You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, THE SMART SOFA 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 THE SMART SOFA  OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES 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 SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF THE SMART SOFA  HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels. 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  THE SMART SOFAis 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) months prior to the action giving rise to the liability or (b) $100.00.

 

Legal Disputes 

YOU AND THE SMART SOFA 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 THE SMART SOFA, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, 'THE SMART SOFA') 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 New York County, New York administered by the American Arbitration Association (AAA) under its Expedited Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 30-days' advanced written notice of its intent to file for arbitration.  THE SMART SOFAwill provide such notice by e-mail to your e-mail address on file with  THE SMART SOFA and you must provide such notice by e-mail to arda@thesmartsofa.com

During such 30-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice 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(s) 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, and the arbitrator will apply applicable 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. THE SMART SOFA and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither THE SMART SOFA nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) 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 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 Sites remains in effect until terminated in accordance with these Terms of Use. You agree that THE SMART SOFA, in its sole discretion, may terminate your account and your use of the Sites and may remove and delete your User Content if THE SMART SOFA believes that you have violated or acted inconsistently with these Terms of Use or for any other reason.  THE SMART SOFAalso may in its sole discretion and at any time discontinue providing the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites may be effected without prior notice and you acknowledge and agree that THE SMART SOFA may bar any further access to the Sites. Further, you agree that THE SMART SOFA  will not be liable to you or any third-party for any termination of access to the Sites.

You may terminate your account by sending a letter stating your intention to THE SMART SOFA., 10 W 18th Street New York, New York 10011 Attn: Support or an email to arda@thesmartsofa.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 AGE 13 TO USE THE SITES. By using the Sites, you affirm that you are over age 13. If you are under age 13, you may not access or use the Sites.

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

 

Outages

THE SMART SOFA may schedule system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that THE SMART SOFA has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (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 Sites, any Internet service providers or otherwise.

 

Jurisdictional Issues

The Sites are operated by THE SMART SOFA from its offices in New York, NY, USA. The Sites are intended for users who reside in the United States of America.THE SMART SOFA  makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws.  THE SMART SOFAreserves the right to limit the availability of the Sites 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. Any software on the Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

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 will be illegal or otherwise unenforceable, such provision will be severed, and the balance of the Agreement will continue in full force and effect. These Terms of Use set forth the entire Agreement between you and THE SMART SOFA with respect to use of the Sites and supersede any prior agreements between you and THE SMART SOFA relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with THE SMART SOFA's 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. THE SMART SOFA's 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 THE SMART SOFA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by THE SMART SOFA 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. The parties agree that 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 the system administrator at arda@thesmartsofa.com

Questions?  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 THE SMART SOFA.If you have questions, comments or complaints about these Terms or the Sites, please contact us at arda@thesmartsofa.com (with the subject line "Questions about the Sites").

Note: www.thesmartsofa.com will never ship out any merchandise to OFAC countries