Brashears Furniture Website Terms of Use, Terms of Sale & Privacy Policy

Terms of Use

The following Terms of Use govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website. By using the Website, you accept and agree to be bound by these Terms of Use, including the below Privacy Policy, which is incorporated by reference. If you do not agree to these Terms of Use, you must discontinue use of the Website. These Terms of Use apply to all visitors, users, and others who access the Website.

1. User Responsibilities

When you use our Website, you agree to do so responsibly and lawfully. Specific user responsibilities include:

• Accuracy of Information: You agree to provide true, accurate, and complete information about yourself whenever you interact with the Website (for example, when creating an account, placing an order, or filling out a form). If you create an online account, you will not misrepresent your identity or affiliate with any person or organization. You agree to update any account information as needed so it remains accurate and current. You consent to all actions we take with respect to your information consistent with our Privacy Policy.
• Account Security: If you register an account on our Website, you are responsible for maintaining the confidentiality of your login credentials. Do not share your password with anyone. You are responsible for all activities that occur under your account credentials. If you suspect any unauthorized use of your account or a security breach, you must notify us immediately. We recommend using a strong, unique password and logging out after each session, especially on shared devices.
• Age Requirements: By using this Website, you affirm that you are at least 13 years of age. (As noted in our Privacy Policy, the Website is not intended for children under 13.) If you are under 18, you should use the Website only with involvement of a parent or guardian. Certain features (such as making a purchase or signing a contract) may require you to be 18 or older. You represent and warrant that you are legally eligible to enter into any transactions or agreements through the Website.
• Compliance with Laws: You will comply with all applicable local, state, national, and international laws and regulations in using our Website. This includes laws governing the export of data or software, consumer protection, and intellectual property. You may not use the Website to further any unlawful purpose or in a way that violates any law or regulation.
• Respectful Interaction: You agree to use any interactive features (such as product reviews, comments, or Q&A, if available) in a respectful manner. Any information you submit (if such features exist) should be appropriate and not abusive. You are responsible for any content you post or transmit on the Website, ensuring it does not violate any third-party rights or these Terms of Use.

By fulfilling these responsibilities, you help us maintain a trustworthy and safe website for all users. Failure to uphold user responsibilities may result in suspension or termination of your access to the Website (as detailed under the "Termination of Use" section below).

2. Prohibited Uses

You agree not to misuse the Website, engage in activities that could harm the Website or others, or otherwise engage in prohibited uses of the Website. Prohibited uses include, but are not limited to, the following:

• Illegal Activities: Using the Website to engage in any activity that violates any law, statute, ordinance, or regulation. This includes committing or promoting any criminal offense, fraud, or any activities that would give rise to civil liability.
• Unauthorized Access: Attempting to gain unauthorized access to any portion or feature of the Website, the server on which the Website is stored, other user accounts, or any systems or networks connected to the Website. Hacking, password "mining," or any other means of circumventing security or authentication measures are strictly prohibited.
• Interference with the Website: Interfering with or disrupting the operation of the Website or the servers/networks that host it. This includes introducing any viruses, worms, malware, Trojan horses, logic bombs, or other code that is malicious or technologically harmful. You may not launch any automated systems (such as "bots" or "scrapers") that send requests to our servers at a rate that is beyond what a human could reasonably produce in the same time using a normal browser. You may not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Data Scraping and Harvesting: Systematically extracting data or content from our Website, whether manually or using automated tools, for any commercial use or otherwise (often known as scraping), without our prior written permission. Likewise, you may not to harvest or collect information about other users of the Website (such as email addresses or personal details) without their consent.
• Impersonation and Misrepresentation: Impersonating or attempting to impersonate us, an employee of Brashears Furniture, another user, any other person or entity, or falsely stating or otherwise misrepresenting yourself, your age, or your affiliation with any person or entity. You may not use someone else's account or personal information to access the Website.
• Spam and Unauthorized Communications: Using the Website to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes. This includes using our contact forms or other communication channels provided by the Website to send deceptive or unwanted messages.
• Harassment or Harm: Using the Website to exploit, harass, threaten, abuse, or harm another person including, without limitation, minors. You may not post or submit content on the Website that is defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, violent, hate-oriented, or otherwise objectionable. We have zero tolerance for hate speech or discrimination of any kind. You may not use the website to ask for personally identifiable information from minors.
• Intellectual Property Infringement: Using the Website to upload, post, or transmit any content that infringes upon any person's intellectual property rights or other proprietary rights. This includes not posting content (text, images, music, software, etc.) that you do not have the right to use. You may not use Brashears Furniture's trademarks, logos, or proprietary graphics without our explicit written consent (see "Intellectual Property Rights" section below).
• Excessive Use/Overloading: Engaging in any behavior that imposes an unreasonable or disproportionately large load on our infrastructure. Actions that could disable, damage, or degrade the Website's performance for other users or otherwise interfere with any other party's use of the Website, such as repetitive rapid-fire requests or using the Website in a manner not intended, are prohibited.
• Frame or Mirror the Website: Framing, mirroring, or otherwise simulating the appearance or function of the Website on any other website. You may not deep-link to portions of the Website for commercial purposes without our permission (e.g., using a link to bypass the homepage to a specific product listing in a way that misrepresents the source).

3. Intellectual Property Rights

All content and materials on the Website are owned by Brashears Furniture, Inc. or used under license. This includes, but is not limited to, the text, images, photographs, product descriptions, design/layout, graphics, logos, button icons, video and audio clips, and software (collectively, the "Website Content"). The Website Content is protected by copyright, trademark, and other intellectual property or proprietary rights laws.

• Brashears Furniture Trademarks: "Brashears Furniture," our logos, and all related names, logos, product and service names, designs, and slogans displayed on the Website are trademarks of Brashears Furniture, Inc. (or its affiliates/suppliers or licensors) and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, product names, and company names or logos on the Website are the property of their respective owners. Reference on our Website to any third-party products, services, or trademarks is for identification purposes only and does not necessarily constitute an endorsement.
• License for Personal Use: Brashears Furniture grants you a limited, non-exclusive, non-transferable, revocable license to access and make personal, non-commercial use of the Website and Website Content. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any part of the Website or Website Content in any form or by any means without our prior written permission, except as follows:
  • You may view, download (temporary cache), and print a reasonable number of pages from the Website for your own personal, non-commercial use (such as researching furniture for purchase or learning about our services) and not for further reproduction, publication, or distribution.
  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

4. Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods, services, or information carried out through the Website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

5. Disclaimer of Warranties

To the fullest extent permitted by applicable law, we disclaim all warranties and representations of any kind, whether express, implied, or statutory, regarding the Website and the content therein. This includes, but is not limited to:

• Implied Warranties: We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. In plain terms, we do not guarantee that the Website or any products on it are fit for any particular purpose or that they will meet your expectations.
• No Warranty of Accuracy: While we strive to provide accurate and up-to-date information, we do not warrant that the product descriptions, pricing, or other content on the Website are complete, error-free, or current. For example, typographical errors, inaccuracies, or omissions may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors or omissions and to change or update information at any time without prior notice.
• Availability and Security: We do not warrant that your use of the Website will be uninterrupted, timely, secure, or error-free. There may be times when the Website is unavailable due to maintenance, outages, or technical issues. We also do not guarantee that the Website will be free from viruses or other harmful components, though we implement security measures as described in our Privacy Policy. It is your responsibility to use appropriate tools (like updated antivirus software) to ensure no viruses or malware are transmitted to your device.

6. Limitation of Liability

To the maximum extent permitted by law, in no event will Brashears Furniture, Inc. and its directors, officers, employees, agents, parent, affiliates, subsidiaries, partners, licensors, and service providers be liable for damages of any kind, under any legal theory, arising out of or relating to your use of (or inability to use) the Website, any websites linked to it, any Website content or content on such other websites or your use of the products available through the Website, including any direct, indirect, incidental, special, consequential, or punitive damages.

7. Indemnification

You agree to indemnify, defend, and hold harmless Brashears Furniture, Inc. and its parent, affiliates, subsidiaries, officers, directors, employees, agents, partners, service providers, and licensors ("Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise out of or relate to: (a) your violation of these Terms of Use or any policy referenced herein; (b) your use of the Website, including but not limited to any use of content, services, products, or information you access or obtain from the Website; (c) your violation of any law or regulation, or the rights of any third party (for example, infringing someone's intellectual property or privacy rights); or (d) any User Contributions that you post or submit to us (if applicable), including the accuracy, legality, and appropriateness of such content.

8. Third-Party Links and Services

Our Website may contain links to third-party websites or services that are not owned or controlled by Brashears Furniture. These may include, for example, links to manufacturers' sites, financing partners, delivery tracking services, or social media platforms. We provide these links for your convenience and reference only.

No Endorsement or Control: The inclusion of any link does not imply endorsement by Brashears Furniture of the site or any association with its operators. We have no control over, and assume no responsibility for, the content, privacy policies, terms, or practices of any third-party websites or services.

9. Accessing the Website

We reserve the right to terminate or modify the Website, or any feature or offering on the Website, at any time in our sole discretion without notice. We may do this for security reasons, legal reasons, technical reasons, or business reasons. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

10. Monitoring and Enforcement; Termination of Use

We may monitor use of the Website for compliance with the Terms of Use. We may suspend or terminate your access to the Website (or any part of it) immediately and without prior notice under the following circumstances:

• Breach of Terms of Use: If, in our sole judgment, we determine that you fail to comply with any term or provision of these Terms of Use, or engage in any prohibited conduct, we may terminate or suspend your account and access.
• Account Inactivity: If you have an account that remains inactive for an extended period (e.g., a few years) and we cannot reach you via the contact info provided, we reserve the right to deactivate or delete the account as part of routine maintenance.

11. Governing Law and Jurisdiction

These Terms of Use, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Website or these Terms of Use, shall be governed by and construed in accordance with the laws of the State of Arkansas, USA, without giving effect to any conflict of law principles that might direct the application of the laws of a different jurisdiction.

12. Changes to Terms of Use

We may update or modify these Terms of Use (including the Privacy Policy) at any time in our sole discretion. All changes are effective immediately when we post them. If we make changes, we will post the revised Terms of Use on this page and update the "Last Updated" date at the top of the Terms of Use.

13. Miscellaneous Provisions

• Entire Agreement: These Terms of Use (together with our Privacy Policy, which is incorporated by reference) constitute the entire agreement between you and Brashears Furniture regarding your use of the Website.
• Severability: If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms of Use will continue in full force and effect.
• No Waiver: No waiver by Brashears Furniture of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of that term or any other term.
• Assignment: You may not assign or transfer any rights or obligations under these Terms of Use without our prior written consent. Brashears Furniture may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

1. Scope

These Terms of Sale govern all purchases from Brashears Furniture, Inc. and are incorporated by reference into each sales order. This applies to all in-store, phone, and e-commerce transactions with Brashears Furniture.

2. Pricing & Quote Accuracy

Quotes are not binding until payment is accepted. Quotes and invoices are subject to correction for clerical, typographical, or vendor-supplied pricing errors. If an error is discovered after you have paid, Brashears may cancel the affected line and issue a full refund or, at your option, re-invoice the item at the correct price.

3. Payment & Storage

Payment in full is required before scheduling delivery or pickup. Clearance and HotBuy items must be delivered or picked up within 7 days. All non-Clearance and non-HotBuy items must be delivered or picked up within thirty (30) calendar days of the invoice date. For in-stock orders not delivered or picked up within thirty (30) days of invoice, Brashears may assess a reasonable monthly storage fee, calculated in good faith based on order size, item volume, and extenuating circumstances. Any storage balance must be paid before scheduling delivery or pickup.

4. Delivery, Pickup, & Loss of Risk

Customers shall: (i) ensure a clear, safe pathway for delivery teams, including measuring doorways and staircases; (ii) have an adult (18+) present to sign for delivery; (iii) protect flooring and remove breakables.

Title and risk of loss pass to you upon (a) your pickup of the goods at our dock, or (b) our delivery team's first placement of the goods inside the address you provided, whichever occurs earlier.

5. Returns & Exchanges

Mattresses (delivery charges not refundable):

• Solstice — 7-Day money back return or 30-Day Exchange with the purchase of a Brashears-approved mattress protector. New delivery fees apply on exchanges.
• Tempur-Pedic, Sealy, Stearns & Foster — 90-Day money-back return (less $249 Restocking Fee) or 90-Day one-time exchange (no restocking fee). Mattress protector required; new delivery fees apply on exchanges.

Other Items:

6. Lead-Time Estimates

Arrival dates are only estimates provided by the vendor. These time frames could be extended due to circumstances outside our control. We will do our best to provide you with the most current updates provided to us by the vendor. Delays beyond Brashears' control do not entitle you to penalties or cancellation unless agreed in writing.

7. Warranty Service

All manufacturer warranties apply only to residential use unless otherwise stated. Delivery and pickup of all products for warranty claims will incur delivery charge. Unfortunately, Warranty companies and vendors do not cover the cost for the transportation of product to be repaired or replaced. Decisions on repair vs. replacement follow the manufacturer's warranty and Brashears is not responsible for consequential damage.

8. Customer Communications

By providing your mobile number, you agree to receive text messages from Brashears Furniture, Inc related to your services and purchases. Message frequency may vary. Standard message and data rates may apply. Reply 'STOP' to unsubscribe. Reply 'HELP' for assistance. See our Privacy Policy for opt-out details.

Information We Collect

We collect personal and technical information when you interact with our website. This includes:

• Information You Provide Directly: If you fill out forms on our Website, such as contact forms, delivery request forms, or design consultation requests, we collect the information you submit.
• Information from Purchases and Orders: If our Website allows online purchases, we will collect information necessary to process the transaction.
• Automatically Collected Data: When you visit our Website, we automatically collect certain data about your device and usage of the Website.
• Cookies and Tracking Technologies: We use cookies and similar technologies to enhance your experience.

How We Use Information

We use information that we collect about you of that you provide to us, including any personal information, for the following purposes:

• To Respond to You: If you contact us with a question, request, or feedback, we will use your information to respond and provide customer support.
• Processing Orders and Services: For customers who make purchases or place orders, we use personal information to process transactions, arrange delivery or pickup, send order confirmations, provide updates on order status.
• Delivery Updates: If you schedule a delivery or service, we may use your email or phone number to provide updates and notifications.
• Account Management: For users with online accounts, we use your information to maintain your account, such as saving your order history, wishlists, and preferences.
• Analytics and Insights: We analyze usage data to understand how our Website is used.
• Marketing and Promotional Communications: If you sign up for our mailing list or provide your email or phone number during a purchase or inquiry, we may use it to send you promotional materials.

Cookies and Tracking Technologies

Like most websites, our Website uses cookies and similar tracking technologies to personalize and enhance your experience, as well as to gather data for analytics and advertising.

Types of Cookies and Trackers We Use:

• Essential Cookies: These are necessary for the basic functionality of the Website.
• Preference Cookies: We use these to remember your preferences to provide a more customized experience.
• Analytics Cookies: We utilize Google Analytics and similar tools to collect information about how visitors use our Website.
• Marketing and Advertising Cookies/Pixels: We partner with third parties like Amplified Digital Agency to help us with advertising and re-targeting campaigns.

Sharing and Disclosure of Information

Brashears Furniture understands the importance of keeping your personal information private. We do not sell or rent your personal data to third parties for their own marketing purposes. However, we do share certain information with third parties in the following circumstances, to enable us to run our business and comply with the law:

• Service Providers and Partners: We share personal information with trusted third-party service providers who perform services on our behalf.
• Advertising and Marketing: We may share information about your use of the Website (through cookies and pixels) with advertising networks and social media platforms to present you with relevant ads.
• Legal Compliance and Protection: We may disclose personal information when we believe, in good faith, that such disclosure is necessary or appropriate to comply with a legal obligation, government request, or applicable law.
• Business Transfers: In the event that Brashears Furniture, Inc. is involved in a merger, acquisition, sale of assets, restructuring, reorganization, dissolution, or other business reorganization, customer information may be among the assets transferred.
• With Your Consent: We may disclose your information for any other purpose disclosed by us when you provide the information or for which you provide consent.

Data Security

We take the security of your personal information seriously and implement reasonable security measures to protect it. Brashears Furniture uses industry-standard practices to safeguard data against loss, misuse, unauthorized access, or disclosure. These measures include administrative, technical, and physical protections appropriate to the sensitivity of the data.

• Secure Hosting: Our Website and its data are hosted on secure servers. We utilize the NopCommerce platform, which is designed with security in mind.
• Encryption: Whenever you provide sensitive personal information (such as payment details) through our Website, we use encryption protocols like SSL/TLS to encrypt that data in transit.
• Access Controls: Internally, we restrict access to personal information to employees and service providers who need it to perform their job duties.
• Payment Security: For online purchases, we partner with compliant payment processors that adhere to PCI-DSS (Payment Card Industry Data Security Standard) requirements.
• Monitoring and Testing: We periodically review our security procedures and infrastructure.

Your Choices and Rights

We believe it is important for you to have control over your personal information. This section describes the choices and rights you have regarding the data we have collected from you and how you can manage your preferences:

• Access and Update Your Information: If you have an online account with us, you can log in to review and update certain personal information in your profile.
• Opt-Out of Marketing Emails: If you no longer wish to receive promotional emails from us, you can opt out at any time by clicking the "unsubscribe" link provided at the bottom of any marketing email we send.
• Opt-Out of Text Messages: If you have given us your mobile number and agreed to receive SMS updates, you can opt out of text messages by replying "STOP" to any message we send.
• Do Not Sell My Personal Information: Although we do not sell personal data as defined under certain laws, we still want to honor privacy preferences.
• Request Deletion of Your Data: You may request that we delete the personal information we have collected from you.
• Request Information (California "Shine the Light" Law): If you are a California resident, you may have the right to request a notice describing what categories of personal information we share with third parties for direct marketing purposes.
• Access and Portability: In certain jurisdictions, individuals may have the right to request a copy of the specific personal information collected about them in the past 12 months.
• Non-Discrimination: We will not discriminate against you for exercising any of your privacy rights.

Children's Privacy

In the event that we discover we have collected or received personal information from a child under 13 without parental consent, we will take immediate steps to delete that information from our servers and records.

If you are a parent or guardian and believe that we might have any information from or about your child under 13, please contact us right away (see the "Contact Us" section in the Terms of Use). We will investigate and, if applicable, work to remove the information and ensure it is not used for any purpose.