Terms and Conditions of Use

Welcome to SmartChoiceFurniture.com. SmartChoiceFurniture.com supports freedom of speech, both on and off the Internet. However, the goal of this web site is to provide access to the widest selection of furniture to the largest group of people possible. To insure a safe, non-offensive environment for all of our users, we have established our Terms of Use. It spells out what you can expect from us and what we expect from you. By accessing any areas of SmartChoiceFurniture.com, users ("Users") agree to be legally bound and to abide by the terms set forth below. SmartChoiceFurniture.com is owned and operated by Interactive Furniture Solutions, Inc. Any references herein to SmartChoiceFurniture.com shall be deemed to refer to SmartChoiceFurniture.com and/or Interactive Furniture Solutions Inc., as applicable under the circumstances. Any references herein to you, your, customer shall be deemed to refer to the customer.

I. GENERAL TERMS AND CONDITIONS
SmartChoiceFurniture.com obtains products and uses shipping methods provided by many different companies / carriers. Production and shipping times will vary by manufacturer and we do not guarantee the time that it will take for the producer to create, obtain, or deliver your product. A notice by a manufacturer of a delay in shipment caused by demand for your item does not give cause for order termination and will not terminate any other part of your order. At our discretion, SmartChoiceFurniture.com reserves the right to provide a refund to the customer for any item or order that is decided to be undeliverable. SmartChoiceFurniture.com is committed to assisting you with any inquiries regarding the status of your order and we provide an online tool to search for the status of your order.

SmartChoiceFurniture.com reserves the right to refuse service and/or cancel orders in its discretion, including without limitation, if SmartChoiceFurniture.com believes the customer contact violates applicable law or is harmful to the interests of SmartChoiceFurniture.com.

Free Shipping offer only applies to orders that will be shipped to locations within the continental US. All other orders will be charged additional expenses to cover extra shipping incurred to deliver past the farthest point possible while staying within the boundaries of the continental United States to the customer's location.

SmartChoiceFurniture.com requires a minimum of 50% of the order value to be charged at the time of purchase with the remainder to be charged at the time the order is scheduled for shipment.

Most orders will be shipped via common carrier and will be delivered to the customer at a time when the customer is available to accept the items. A bill of lading will be signed by the customer to acknowledge receipt of these items in good condition. It is the customer's responsibility to thoroughly check over and visually inspect the merchandise before signing this paperwork. Any damage must be noted on the bill of lading (bol) and SmartChoiceFurniture.com must be contacted as to this damage within 72 hours of the delivery time to receive replacement items in the shortest amount of time or we must assume that the merchandise was delivered in a condition acceptable to the customer.

In the event of damage not noted by the customer at the time of delivery, the customer will be responsible to file a damage claim with the shipping company which delivered the products. In this case, we will be more than happy to assist you in any way possible. Any damage not noted by the customer at the time of delivery will be fixed or replaced only after a claim is made to, successfully acknowledged and paid by the shipping company that delivered the merchandise. SmartChoiceFurniture.com will only be able to assist you if you notify us of the damage within 72 hours of the time you signed for the items. This can be done by phone or e-mail. SmartChoiceFurniture.com will not be responsible and will not accept any claims made outside of these terms. If the customer signs the bill of lading without noting any damage and the shipping company will not accept the claim for reimbursement, the items can not be replaced.

In the event of damaged item(s) that are noted on the bill of lading, SmartChoiceFurniture.com will order and ship replacements to the customer as quickly as possible. Only the items actually damaged should be refused. All other pieces of the order should be inspected and accepted. Refusal of undamaged merchandise constitutes a return and will be handled as such with all associated return fees. Damage to item(s) in the shipment will not be cause for termination of an order unless agreed to by SmartChoiceFurniture.com. Any damage must be noted on the bill of lading (bol) and SmartChoiceFurniture.com must be contacted as to this damage within 72 hours of the delivery time. If the customer has not contacted SmartChoiceFurniture.com by this deadline it will be determined that the merchandise was delivered in a condition acceptable to the customer. Should the customer choose to NOT receive replacements for damaged items, the customer agrees to be reimbursed by the shipping company through the shipping company's claims process. In this situation, the customer releases SmartChoiceFurniture.com from liability and the transaction between the customer and SmartChoiceFurniture.com shall be considered complete to the customer's satisfaction. In either situation (accepting replacements or not accepting replacements) the customer must further agree to be bound by all investigative and removal policies of the shipping company.

Cancellations - All orders are classified as "special order", placed specifically as a result of you placing the order with SmartChoiceFurniture.com. For this reason orders may be cancelled without penalty within 48 hours of the order being placed. After this time SmartChoiceFurniture.com is obligated to purchase the product and the order deposit will become nonrefundable.

Returns - We will accept returns in the event you just do not like the item(s) when they arrive. Returns will be accepted only if you notify us within 10 days of your items being delivered and will not be accepted without a return number being issued before the item is shipped back. A refund equal to the price of your order less a 15% restocking fee and all shipping charges incurred to get the items to you will be issued after the items have arrived back to our warehouse in re-saleable condition. You pay a discounted rate for shipping, in most cases, through our site. You will pay our actual shipping cost and not the discounted rate in the event of a return. Returns will only be accepted and credits issued if the order is in a new condition with no damage and in its original packaging when it arrives back at our warehouses. If an order is refused with no damage, you will be charged the 15% restocking fee and all shipping costs we incur to get the items to and from your shipping address.

SmartChoiceFurniture.com reserves the right to charge a fee equal to the cost of the customer's order in the event of incorrect billing information or if the customer decides to file for a "charge back" through their credit card company on funds used to secure their order in violation of this agreement. This amount will be in addition to any legal or collection costs incurred to recover these fees.

II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of SmartChoiceFurniture.com is at User's sole risk. Neither SmartChoiceFurniture.com, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensers (collectively, "Providers"), or the like, warrant that SmartChoiceFurniture.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of SmartChoiceFurniture.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through SmartChoiceFurniture.com.

THIS SITE IS PROVIDED BY SMARTCHOICEFURNITURE.COM ON AN "AS IS"AND "AS AVAILABLE" BASIS. SMARTCHOICEFURNITURE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SMARTCHOICEFURNITURE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMARTCHOICEFURNITURE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SMARTCHOICEFURNITURE.COM NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall SmartChoiceFurniture.com or any other party involved in creating, producing, or distributing SmartChoiceFurniture.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use SmartChoiceFurniture.com, including but not limited to reliance by a User on any information obtained from SmartChoiceFurniture.com or that result from mistakes, omissions, interruptions, deletion of files or e-mail., errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to SmartChoiceFurniture.com's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through SmartChoiceFurniture.com. 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.

III. CONTENT

a. PROPRIETARY RIGHTS
User acknowledges that SmartChoiceFurniture.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and SmartChoiceFurniture.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. Copyright laws (see,e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload to or otherwise distribute on SmartChoiceFurniture.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither SmartChoiceFurniture.com, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement reply@SmartChoiceFurniture.com to SmartChoiceFurniture.com. By submitting Content to any User-submit areas, including, without limitation, any User book reviews or participation in any author chats, User automatically grants, or warrants that the owner of such Content has expressly granted SmartChoiceFurniture.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on SmartChoiceFurniture.com retains any and all rights which may exist in such Content.

c. THIRD-PARTY CONTENT
SmartChoiceFurniture.com is a distributor and not a publisher of Content supplied by third parties and Users. SmartChoiceFurniture.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of SmartChoiceFurniture.com, are those of the respective authors or distributors and not of SmartChoiceFurniture.com or its affiliates or any of their officers, directors, employees, or agents. Neither SmartChoiceFurniture.com nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of SmartChoiceFurniture.com, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through SmartChoiceFurniture.com represents the opinions and judgments of the respective Provider, or User not under contract with SmartChoiceFurniture.com. SmartChoiceFurniture.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on SmartChoiceFurniture.com by anyone other than authorized SmartChoiceFurniture.com employees. Under no circumstances shall SmartChoiceFurniture.com, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through SmartChoiceFurniture.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through SmartChoiceFurniture.com.

IV. ONLINE CONDUCT
User agrees to use SmartChoiceFurniture.com only for lawful purposes. User is prohibited from posting on or transmitting through SmartChoiceFurniture.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If SmartChoiceFurniture.com is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., through an author chat or online review), SmartChoiceFurniture.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from SmartChoiceFurniture.com. SmartChoiceFurniture.com may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate SmartChoiceFurniture.com; or (iii) to protect the rights or property of SmartChoiceFurniture.com, its Users or Providers.

SmartChoiceFurniture.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, SmartChoiceFurniture.com, the communities that make up SmartChoiceFurniture.com, or any rights of SmartChoiceFurniture.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither SmartChoiceFurniture.com nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither SmartChoiceFurniture.com, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on SmartChoiceFurniture.com.

V. PRIVACY POLICY
In accordance with the terms of SmartChoiceFurniture.com's Privacy Policy, SmartChoiceFurniture.com respects the privacy of its Users.

VI. TERMINATION OF USAGE
SmartChoiceFurniture.com may terminate User's access, or suspend any User's access to all or part of SmartChoiceFurniture.com, without notice, for any conduct that SmartChoiceFurniture.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or SmartChoiceFurniture.com.

VII. USAGE BY CHILDREN UNDER 13
SmartChoiceFurniture.com cannot prohibit minors from visiting this site. SmartChoiceFurniture.com must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.

VIII. APPLICABLE LAW
This site is created and controlled by SmartChoiceFurniture.com in the State of Missouri. As such, the laws of the State of Missouri will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. SmartChoiceFurniture.com reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Missouri and of the United States of America located in the State of Missouri for any litigation arising out of or relating to use of or purchase made through SmartChoiceFurniture.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Missouri Courts and agrees not to plead or claim in any Missouri Court that such litigation brought therein has been brought in an inconvenient forum.

VIIII. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein, represents the entire understanding between you and SmartChoiceFurniture.com regarding your relationship with SmartChoiceFurniture.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the SmartChoiceFurniture.com web site. The aforementioned Terms of Use are subject to change.