Terms And Conditions- Privacy
Effective Date (10/21/17)
Terms and Conditions
These SofaZen Terms and Conditions apply to the website and any other online properties (the “Site”) operated by SofaZen, Inc., d/b/a SofaZen (“SofaZen”, “we”, or “us”). The use of the Site, including the purchase of any Products (as defined below) is subject to the following terms and conditions (the “Terms”). Please read these Terms carefully. By using this Site, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, then you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. If you have any questions about the Terms, please contact us at [email protected].
These Terms provide that all disputes between you and SofaZen relating to these Terms or your use of the Site or Products will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section XVII (“Dispute Resolution”) for the details regarding your agreement to arbitrate any disputes with SofaZen.
We provide the Site in order to enable you to browse and purchase SofaZen Sofas of any size ( “Sofas”), or the individual components contained within SofaZen products.
I. PRIVACY
We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms by reference.
2. ELECTRONIC COMMUNICATION
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
3. ELIGIBILITY
No part of the Site is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER.
If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.
4. TRADEMARKS
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to SofaZen, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of SofaZen, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
5. COPYRIGHT
Images of people, places and/or products posted on this Site are either the property of SofaZen or its licensors. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, with “Marks” (as defined below), “SofaZen Content”) is the property of SofaZen or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of SofaZen and is protected by United States and international intellectual property laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at [email protected].
6. LIMITED LICENSE AND SITE ACCESS
SofaZen grants you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
7. ACCOUNTS, FORMS, REGISTRATIONS AND PASSWORDS
You represent and warrant that the information you provide to SofaZen upon creating an account on the Site and at all other times will be true, accurate, current, and complete.
To facilitate future purchases on the Site, you may choose to create an account by providing an e-mail address and password. Please note that you may choose to use the Site and make purchases without creating an account. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your username and password, and any device that you use to access the Site.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify SofaZen by e-mail to [email protected]. You will be solely responsible for the losses incurred by SofaZen and others due to any unauthorized use of your account.
8. GIFT, PROMO AND OFFER CODES
From time to time, SofaZen may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on SofaZen.com, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by SofaZen in its sole discretion. Only valid offer codes provided or promoted by SofaZen will be honored at checkout. Codes supplied or promoted by third parties unauthorized by SofaZen (including any unauthorized third party websites) will not be considered valid. Each offer code promoted by SofaZen is non-transferable and valid for single use on an item (or items) of merchandise as determined by SofaZen. Offer codes may not be combined and may not be used in conjunction with any future SofaZen Referral Program. Customers are limited to the use of a single offer code per order. Offer codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the code must be entered in the ‘offer code’ field at checkout. Offer codes are not valid in showrooms or stores and are valid online only. SofaZen is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expire dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.
Spokespeople. From time to time, SofaZen may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third party source, such as a television or radio show host, please note that such individuals may have been compensated by SofaZen for their statements.
Referral Program. SofaZen currently does not offer a Referral Program, but reserves the right to introduce a SofaZen Referral Program at any time. Offer codes may not be used in conjunction with any future SofaZen Referral Program.
9. FEES AND PAYMENTS; SHIPPING
Prices. The price for Products available for purchase through the Site will be displayed to you on the Site. The prices displayed do not include taxes. Any applicable taxes will be communicated to you before you place an order. At times there may be shipping charges added to your order. If so they will be clearly displayed. Payments. The Site currently uses third parties to process payments. SofaZen’s third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. All monetary transactions on the Site take place in U.S. dollars.
10. WARRANTY
SofaZen stands behind its Products. Each Sofa that is manufactured by SofaZen and purchased directly from SofaZen or SofaZen’s authorized retailers is covered by a limited manufacturer’s warranty.
The SofaZen Warranty sets forth SofaZens’s warranties for each Product, and by this reference The SofaZen Warranty is incorporated herein. There is no guarantee or warranty that is not provided therein. You are required to carefully read The SofaZen Warranty prior to transacting any business with SofaZen as part of this Agreement.
Please contact us at [email protected] for more details.
11. REFUNDS AND RETURNS; CANCELLATION
Returns. You may return any of your Products within the first 15 days after your receipt of that particular Product, subject to the process described below for each Product. You may cancel an order any time prior to a shipping label being created. Refunds will be issued in the form of the original payment. If you purchased a Product using an offer code or gift code, the dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Returns are not guaranteed. Please read the process described below.
Return Procedure. A 10% restocking fee on the order value will be charged to United States customers who are in possession of the original packing materials. A 20% fee will be charged on the order value for any returns without the original packing materials. Refunds will be issued in the form of the original payment. Refunds will be issued within 2 weeks of the completion of SofaZen’s return process. This process may take several weeks to complete. Please follow the instructions below to return your Product.
Title. Risk of loss and title for Products purchased from SofaZen pass to you upon delivery of such Products (by SofaZen or its manufacturer) to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
12. CONTENT YOU SUBMIT TO SOFAZEN
From time to time, SofaZen may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Reviews”). We welcome your comments regarding its Products and services, including its Site. However, any Reviews you submit to SofaZen must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
By posting a Review on the Site, you hereby grant SofaZen an unrestricted, assignable, sublicensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing SofaZen and the Products. You further grant SofaZen a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by SofaZen through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to SofaZen the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you post to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require SofaZen to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by SofaZen in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.
Monitoring. SofaZen has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews, in its sole discretion, at any time and from time to time, without notice or further obligation to you. SofaZen has no obligation to display or post any Reviews. SofaZen, subject to its Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.
13. DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send SofaZen a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to 3045 West Directors Row, SLC, Utah 84104 or [email protected] with the word “copyright” in the Subject of the email. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
14. USE OF THE SITE
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. To the fullest extent permitted by law, you release SofaZen of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Site at your own risk.
We make no promises and, to the fullest extent permitted by law, disclaim all liability of specific results from the use of the Site. Released Parties Defined. “Released Parties” include SofaZen and its affiliates, officers, employees, agents, partners, and licensors. EXCEPT AS EXPRESSLY PROVIDED IN THE SOFA WARRANTY OR OTHER WARRANTIES FOR PRODUCTS PURCHASED FROM SOFAZEN, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOUR USE OF THE SERVICESSITE AND PRODUCTS IS AT YOUR SOLE RISK, AND THE SERVICESSITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
16. LIMITATION ON LIABILITY
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal identification information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOFAZEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF SOFAZEN CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
17. DISPUTE RESOLUTION
Generally. In the interest of resolving disputes between you and SofaZen in the most expedient and cost effective manner, you and SofaZen agree that any dispute arising out of or in any way related to these Terms or your use of the Site or Products will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Site or Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SOFAZEN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and SofaZen will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting SofaZen. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail (“Notice”). SofaZen’s address for Notice is: 3045 West Directors Row, SLC, Utah 84104 or email [email protected] with the word “legal” in the subject of the email. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or SofaZen may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or SofaZen must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, SofaZen will pay you the amount awarded by the arbitrator.. Any arbitration hearing will take place at a location to be agreed upon Salt Lake City, Utah. if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; or (b) through a non-appearance based telephone hearing; If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse SofaZen for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND SOFAZEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SofaZen agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If SofaZen makes any future change to this arbitration provision, other than a change to SofaZen’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to SofaZen’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and SofaZen.
Enforceability. If the Section entitled “No Class Actions”) is found to be unenforceable or if the entirety of this Section XVII is found to be unenforceable, then the entirety of this Section XVII will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to these Terms or your use of the Site or Products.
Choice of Law; Venue. These Terms will be governed and construed in accordance with the laws of the State of Utah, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under these Terms, then you and SofaZen agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Salt Lake City, Utah.
18. TERMINATION
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.
19. WE RESERVE THE RIGHT TO UPDATE AND REVISE THESE TERMS AT ANY TIME
From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” (Date of current policy 10/21/2017) provided, however, that we will endeavor to provide you with prior notice of any material changes that will apply to you. Your use of this website constitutes your acceptance of these Terms.
20. WAIVER
Either party’s failure to partially or fully exercise any rights or waiver of any breach of these Terms by the other party shall not prevent such party’s subsequent exercise of such right or be deemed a waiver by such party of any subsequent breach by the other party of the same or any other term of these Terms.
21. SEVERABILITY
If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition. NOTHING IN THESE TERMS WILL AFFECT ANY NON-NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
22. ENTIRE AGREEMENT
These Terms (including any document or terms expressly incorporated into these Terms) constitute the entire agreement between the user and SofaZen with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
Terms and Conditions
These SofaZen Terms and Conditions apply to the website and any other online properties (the “Site”) operated by SofaZen, Inc., d/b/a SofaZen (“SofaZen”, “we”, or “us”). The use of the Site, including the purchase of any Products (as defined below) is subject to the following terms and conditions (the “Terms”). Please read these Terms carefully. By using this Site, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, then you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. If you have any questions about the Terms, please contact us at [email protected].
These Terms provide that all disputes between you and SofaZen relating to these Terms or your use of the Site or Products will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section XVII (“Dispute Resolution”) for the details regarding your agreement to arbitrate any disputes with SofaZen.
We provide the Site in order to enable you to browse and purchase SofaZen Sofas of any size ( “Sofas”), or the individual components contained within SofaZen products.
I. PRIVACY
We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms by reference.
2. ELECTRONIC COMMUNICATION
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
3. ELIGIBILITY
No part of the Site is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER.
If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.
4. TRADEMARKS
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to SofaZen, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of SofaZen, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
5. COPYRIGHT
Images of people, places and/or products posted on this Site are either the property of SofaZen or its licensors. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, with “Marks” (as defined below), “SofaZen Content”) is the property of SofaZen or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of SofaZen and is protected by United States and international intellectual property laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at [email protected].
6. LIMITED LICENSE AND SITE ACCESS
SofaZen grants you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
7. ACCOUNTS, FORMS, REGISTRATIONS AND PASSWORDS
You represent and warrant that the information you provide to SofaZen upon creating an account on the Site and at all other times will be true, accurate, current, and complete.
To facilitate future purchases on the Site, you may choose to create an account by providing an e-mail address and password. Please note that you may choose to use the Site and make purchases without creating an account. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your username and password, and any device that you use to access the Site.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify SofaZen by e-mail to [email protected]. You will be solely responsible for the losses incurred by SofaZen and others due to any unauthorized use of your account.
8. GIFT, PROMO AND OFFER CODES
From time to time, SofaZen may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on SofaZen.com, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by SofaZen in its sole discretion. Only valid offer codes provided or promoted by SofaZen will be honored at checkout. Codes supplied or promoted by third parties unauthorized by SofaZen (including any unauthorized third party websites) will not be considered valid. Each offer code promoted by SofaZen is non-transferable and valid for single use on an item (or items) of merchandise as determined by SofaZen. Offer codes may not be combined and may not be used in conjunction with any future SofaZen Referral Program. Customers are limited to the use of a single offer code per order. Offer codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the code must be entered in the ‘offer code’ field at checkout. Offer codes are not valid in showrooms or stores and are valid online only. SofaZen is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expire dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.
Spokespeople. From time to time, SofaZen may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third party source, such as a television or radio show host, please note that such individuals may have been compensated by SofaZen for their statements.
Referral Program. SofaZen currently does not offer a Referral Program, but reserves the right to introduce a SofaZen Referral Program at any time. Offer codes may not be used in conjunction with any future SofaZen Referral Program.
9. FEES AND PAYMENTS; SHIPPING
Prices. The price for Products available for purchase through the Site will be displayed to you on the Site. The prices displayed do not include taxes. Any applicable taxes will be communicated to you before you place an order. At times there may be shipping charges added to your order. If so they will be clearly displayed. Payments. The Site currently uses third parties to process payments. SofaZen’s third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. All monetary transactions on the Site take place in U.S. dollars.
10. WARRANTY
SofaZen stands behind its Products. Each Sofa that is manufactured by SofaZen and purchased directly from SofaZen or SofaZen’s authorized retailers is covered by a limited manufacturer’s warranty.
The SofaZen Warranty sets forth SofaZens’s warranties for each Product, and by this reference The SofaZen Warranty is incorporated herein. There is no guarantee or warranty that is not provided therein. You are required to carefully read The SofaZen Warranty prior to transacting any business with SofaZen as part of this Agreement.
Please contact us at [email protected] for more details.
11. REFUNDS AND RETURNS; CANCELLATION
Returns. You may return any of your Products within the first 15 days after your receipt of that particular Product, subject to the process described below for each Product. You may cancel an order any time prior to a shipping label being created. Refunds will be issued in the form of the original payment. If you purchased a Product using an offer code or gift code, the dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Returns are not guaranteed. Please read the process described below.
Return Procedure. A 10% restocking fee on the order value will be charged to United States customers who are in possession of the original packing materials. A 20% fee will be charged on the order value for any returns without the original packing materials. Refunds will be issued in the form of the original payment. Refunds will be issued within 2 weeks of the completion of SofaZen’s return process. This process may take several weeks to complete. Please follow the instructions below to return your Product.
- Sofas: If you want to return your Sofa within the first 15 days after SofaZen confirms complete delivery of your Sofa (i.e., 15-day trial begins when SofaZen’s shipping partners confirm delivery of a Sofa, not when the Sofa is unboxed), please e-mail SofaZen at [email protected] to arrange for either return shipping or a return pick-up. SofaZen reserves the right to choose the method of return. SofaZen will provide instructions on how to proceed. A return process must be initiated within 15 calendar days of receipt of the Sofa in order to be eligible for returns. To successfully initiate the return process, [email protected] must receive an email requesting a return by 11:59 PM ET on the 15th day of the trial.
- Individually purchased products (not purchased as part of a Sofa): not eligible for returns.
- Individually purchased Slip Covers (not purchased as part of a Sofa): not eligible for returns.
- Individually purchased legs (not purchased as part of a Sofa): not eligible for returns.
- Individually purchased Sofa cushions (back and/or bottom cushions; not purchased as part of a Sofa): not eligible for returns.
- Products must be in usable condition to be eligible for return (e.g., no stains, tears or other soiling including odors). Accepting returns is at the sole discretion of SofaZen’s judgement of the state of the Products. SofaZen reserves the right to refuse any returns. SofaZen may request descriptions and images of the Products to determine the state of the Products prior to accepting returns. Failure to comply with requests by SofaZen may result in SofaZen’s refusal of return. Failure to complete the returns process within 1 week of being provided instructions from SofaZen may result in SofaZen’s refusal of return.
- Products shipped outside of the continental United States are not eligible for return.
- Customers may return a maximum of two (2) of each particular Product per initial order, validated by a customer name or shipping address.
- If at least one of a particular Product type is returned from an initial order, that customer or shipping address will not be eligible for additional 15-day trials on subsequent orders of that particular Product (i.e. if you return a Sofa, you will not be eligible for 15-day trials on future Sofa orders).
- Missing an appointment for a return to be picked up from your address will incur a fee. This fee will be clearly disclosed at the time SofaZen schedules a pickup on the customer's behalf.
Title. Risk of loss and title for Products purchased from SofaZen pass to you upon delivery of such Products (by SofaZen or its manufacturer) to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
12. CONTENT YOU SUBMIT TO SOFAZEN
From time to time, SofaZen may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Reviews”). We welcome your comments regarding its Products and services, including its Site. However, any Reviews you submit to SofaZen must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
By posting a Review on the Site, you hereby grant SofaZen an unrestricted, assignable, sublicensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing SofaZen and the Products. You further grant SofaZen a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by SofaZen through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to SofaZen the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you post to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require SofaZen to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by SofaZen in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.
Monitoring. SofaZen has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews, in its sole discretion, at any time and from time to time, without notice or further obligation to you. SofaZen has no obligation to display or post any Reviews. SofaZen, subject to its Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.
13. DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send SofaZen a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow SofaZen to locate the material on the Site;
- Your name, address, telephone number, and e-mail address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to 3045 West Directors Row, SLC, Utah 84104 or [email protected] with the word “copyright” in the Subject of the email. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
14. USE OF THE SITE
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
- frame or link to the Site without permission;
- use data mining, robots, or other data gathering devices on or through the Site;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person or harass, abuse, or post objectionable material;
- sell, transfer, or assign any of your rights to use the Site to a third party without its express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms;
- use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to SofaZen or others; or
- access the Site from a jurisdiction where it is illegal or unauthorized.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. To the fullest extent permitted by law, you release SofaZen of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Site at your own risk.
We make no promises and, to the fullest extent permitted by law, disclaim all liability of specific results from the use of the Site. Released Parties Defined. “Released Parties” include SofaZen and its affiliates, officers, employees, agents, partners, and licensors. EXCEPT AS EXPRESSLY PROVIDED IN THE SOFA WARRANTY OR OTHER WARRANTIES FOR PRODUCTS PURCHASED FROM SOFAZEN, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOUR USE OF THE SERVICESSITE AND PRODUCTS IS AT YOUR SOLE RISK, AND THE SERVICESSITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
16. LIMITATION ON LIABILITY
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal identification information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOFAZEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF SOFAZEN CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
17. DISPUTE RESOLUTION
Generally. In the interest of resolving disputes between you and SofaZen in the most expedient and cost effective manner, you and SofaZen agree that any dispute arising out of or in any way related to these Terms or your use of the Site or Products will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Site or Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SOFAZEN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and SofaZen will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting SofaZen. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail (“Notice”). SofaZen’s address for Notice is: 3045 West Directors Row, SLC, Utah 84104 or email [email protected] with the word “legal” in the subject of the email. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or SofaZen may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or SofaZen must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, SofaZen will pay you the amount awarded by the arbitrator.. Any arbitration hearing will take place at a location to be agreed upon Salt Lake City, Utah. if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; or (b) through a non-appearance based telephone hearing; If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse SofaZen for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND SOFAZEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SofaZen agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If SofaZen makes any future change to this arbitration provision, other than a change to SofaZen’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to SofaZen’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and SofaZen.
Enforceability. If the Section entitled “No Class Actions”) is found to be unenforceable or if the entirety of this Section XVII is found to be unenforceable, then the entirety of this Section XVII will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to these Terms or your use of the Site or Products.
Choice of Law; Venue. These Terms will be governed and construed in accordance with the laws of the State of Utah, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under these Terms, then you and SofaZen agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Salt Lake City, Utah.
18. TERMINATION
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.
19. WE RESERVE THE RIGHT TO UPDATE AND REVISE THESE TERMS AT ANY TIME
From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” (Date of current policy 10/21/2017) provided, however, that we will endeavor to provide you with prior notice of any material changes that will apply to you. Your use of this website constitutes your acceptance of these Terms.
20. WAIVER
Either party’s failure to partially or fully exercise any rights or waiver of any breach of these Terms by the other party shall not prevent such party’s subsequent exercise of such right or be deemed a waiver by such party of any subsequent breach by the other party of the same or any other term of these Terms.
21. SEVERABILITY
If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition. NOTHING IN THESE TERMS WILL AFFECT ANY NON-NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
22. ENTIRE AGREEMENT
These Terms (including any document or terms expressly incorporated into these Terms) constitute the entire agreement between the user and SofaZen with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
Privacy Policy
SofaZen Privacy PolicyLast Updated October 14, 2017
At SofaZen, LLC (referred to as “SofaZen,” “us,” “our” or “we”), we recognize that your privacy is important. SofaZen’s Privacy Policy (referred to as “Policy”) discloses the privacy practices for SofaZen’s family of websites (collectively referred to as the “Site”) related to the products and services offered to you on this Site (collectively referred to as the “Products”). This Policy covers how personal and other information that we receive or collect about you is treated.
The Website is intended for users from the United States and those not governed by privacy policies of other countries. DO NOT SEND US INFORMATION UNLESS YOU CONSENT TO THE APPLICATION OF U.S. LAW AND TO THE USE AND DISCLOSURE OF YOUR INFORMATION CONSISTENT WITH THIS PRIVACY POLICY.
Please carefully read the information below.
You acknowledge that this Policy is designed to be read in connection with the Terms and Conditions, and that by accessing or using our Site, you agree to be bound by the Terms and Conditions and this Policy.
We reserve the right to change this Policy from time to time. We will notify you about significant changes in the way we treat personal identification information (i) by sending a notice to the primary email address, if any, you provide to use, (ii) by placing a prominent notice on our site, and (iii) by updating any privacy information on this page. Your continued use of the Site to browse or purchase Products available through this Site, or to communicate with us, after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) your agreement to abide and be bound by the modified Policy(ies).
If you have any questions about this Policy, please contact us. Contact information is provided in the Terms and Conditions and is repeated below.
IMPORTANT: BY USING THE SITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.
1. Types of Information We Collect
When you browse our Site, we automatically receive non-identifiable aggregate information about your computer’s internet protocol (IP) address and the type of computer and web browser you use. When you purchase Products from our Site as part of the buying and selling process, we collect the personal identification information you give us such as your name, address, email address, telephone number, and credit card payment information. We may also collect whatever types of information about you that you provide to us when you communicate with us.
2. How We Collect and Use Information
Consent: We do not collect any information about you unless you voluntarily provide it to us by visiting our Site, completing a transaction on our Site for the purchase of our Products, or communicating with us. When you use our Site and engage in a transaction, you consent to our collecting and using your information to complete the payment, deliver purchased Products, communicate with you regarding the transaction, enhance the operation of our Site, improve our internal marketing and promotional efforts, statistically analyze Site use, improve our product offerings, and customize our Site’s content, layout, and services. When you provide your personal contact information, such as your email address, you are given your affirmative consent to receive promotional communications from us. We may use this information to deliver newsletters, promotional offers and other useful information to you. If you change your mind after you provide your affirmative consent, you may withdraw your consent on the Site or by contacting us (see contact information below) with an unsubscribe notice. If we send you any commercial communication via email, we will also provide an unsubscribe mechanism therein. Please allow up to 10 days for us to process any unsubscribe request. Finally, we may use the information you provide to use to provide non-promotional notices, resolve disputes, troubleshoot problems and enforce our agreements with you, including our Site Terms and Conditions of Use, and this Policy.
Third Party Website and shopping car providers provide us with the online e-commerce platform that allows us to sell our Products to you over our Site. Some of your personal identification information is stored through their data storage, databases and there general application. Your credit card information is never stored on our servers. We understand that Weebly, Shopify or Wix may stores your personal identification information on a secure server behind a firewall. Your personal identification information is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our Site and its service providers. For more insight, you may also want to read Shopify’s Terms of Service or Privacy Policy found at:
https://www.shopify.com/legal/terms and https://www.shopify.com/legal/privacy. and Weebly’s terms of service found at https://www.weebly.com/terms-of-service https://www.weebly.com/privacy
Third-Party Services: We have made contractual arrangements with affiliates, service providers, partners and other third parties (“Service Providers”). Our Service Providers may need to use some of your information in order to perform tasks between our respective sites and to deliver products or services to you or to us. For example, we must release your credit card information to the card-issuing bank to confirm payment for Products purchased on the Site, release your address information to the delivery service to deliver products that you ordered, and provide order information to third parties that help us provide customer service. Other Service Partners include third parties who operate and maintain our Site and provide marketing services. In general, the Service Providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to you or us. However, certain third-party Service Providers, such as payment gateways and other payment transaction processors, have their own privacy policies governing the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction other than either you or us. So if you elect to proceed with a transaction, then your information may become subject to the laws of the jurisdiction(s) in which that Service Provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. We will encourage our Service Providers to adopt and promote strong privacy policies. However, the use of your information by our Service Providers is governed by the respective privacy policies of those providers, and is not subject to our control. Except as otherwise discussed in this Policy, this document only addresses the use and disclosure of information we collect from you. We are not responsible for the policies or practices of third parties.
Outside Links. This Privacy Policy only applies to the Site. The Site may include links to the websites of our business partners, vendors, advertisers or other third parties. These other websites are outside of our control. Please be aware that these websites may collect information about you, and operate according to their own privacy practices which may differ from those contained in our Policy. Remember to consult that website’s own privacy policy, as once you are outside the Website, any information you submit is no longer in our control.
Sale of Business: If SofaZen or this Site is acquired or merged with another company, your information will be transferred to the new owners.
Disclosure: We will not sell, trade, or rent your information to others. However, occasionally we may be required by law enforcement or judicial authorities to provide your information to the appropriate governmental authorities. In such cases, we will disclose your information only to the extent necessary upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful. We may disclose your information as necessary if you violate our Terms and Conditions of Use or this Policy.
3. Cookies
We will store cookies on your computer in order to collect certain data about our users and to customize certain aspects of your specific user experience. A cookie is a small data text file which is stored on your computer that uniquely identifies your browser. Cookies may also include more personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your first name to welcome you back to our Site. We may use cookies to perform tasks such as: monitoring aggregate site usage metrics; storing advertising preferences that you have set; and personalizing the transaction-related services we make available to you.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Site may not function properly if you elect to disable cookies.
4. Your Acknowledgment
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal identification information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
5. Age of Consent
You must be at least 18 years old to have our permission to use this Site to purchase Products. Our policy is that we do not knowingly collect, use or disclose information about minor visitors. If you use our Site to make a purchase, you represent that you are at least the age of majority under the laws of the jurisdiction of your place of residence or that you are the age of majority under the laws of the jurisdiction of you place of residence and you have given your consent to allow any of your minor dependents to use this Site to make a purchase. Protecting the privacy of children is especially important to us. For that reason, we never collect or maintain information about those we actually know are under 13.
6. California Resident Information Sharing Disclosure Requests
If you are a California resident, you have the right to request one Notice of Information-Sharing Disclosure per year which will identify the third parties with whom the Company or any of our affiliates has shared the Personal Information we have collected from you. You may request the Notice of Information-Sharing Disclosure by writing to us at [insert contact information]. We will respond to your request for a Notice of Information-Sharing Disclosure within 30 days.
7. International Users
If you use our Site from outside the United States to purchase Products you will be transferring data to us in the United States, and your use will constitute your unambiguous consent and agreement that the transfer is freely given in compliance with the laws of the country where you are accessing and using our Site. Prior to making a purchase, you may wish to consult a lawyer to determine your rights under applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. You have the right to not make a purchase and to stop using this Site, and to contact us to remove any personal identification information we may have received from you during your prior use of this Site.
8. Contact Information
If you would like to know what personal identification information we received from you, to correct, amend or delete that information, to register a complaint, or to simply receive more information about this Policy, please contact us at:
SofaZen 3045 West Directors Row
Salt Lake City, Utah, 84104
At SofaZen, LLC (referred to as “SofaZen,” “us,” “our” or “we”), we recognize that your privacy is important. SofaZen’s Privacy Policy (referred to as “Policy”) discloses the privacy practices for SofaZen’s family of websites (collectively referred to as the “Site”) related to the products and services offered to you on this Site (collectively referred to as the “Products”). This Policy covers how personal and other information that we receive or collect about you is treated.
The Website is intended for users from the United States and those not governed by privacy policies of other countries. DO NOT SEND US INFORMATION UNLESS YOU CONSENT TO THE APPLICATION OF U.S. LAW AND TO THE USE AND DISCLOSURE OF YOUR INFORMATION CONSISTENT WITH THIS PRIVACY POLICY.
Please carefully read the information below.
You acknowledge that this Policy is designed to be read in connection with the Terms and Conditions, and that by accessing or using our Site, you agree to be bound by the Terms and Conditions and this Policy.
We reserve the right to change this Policy from time to time. We will notify you about significant changes in the way we treat personal identification information (i) by sending a notice to the primary email address, if any, you provide to use, (ii) by placing a prominent notice on our site, and (iii) by updating any privacy information on this page. Your continued use of the Site to browse or purchase Products available through this Site, or to communicate with us, after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) your agreement to abide and be bound by the modified Policy(ies).
If you have any questions about this Policy, please contact us. Contact information is provided in the Terms and Conditions and is repeated below.
IMPORTANT: BY USING THE SITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.
1. Types of Information We Collect
When you browse our Site, we automatically receive non-identifiable aggregate information about your computer’s internet protocol (IP) address and the type of computer and web browser you use. When you purchase Products from our Site as part of the buying and selling process, we collect the personal identification information you give us such as your name, address, email address, telephone number, and credit card payment information. We may also collect whatever types of information about you that you provide to us when you communicate with us.
2. How We Collect and Use Information
Consent: We do not collect any information about you unless you voluntarily provide it to us by visiting our Site, completing a transaction on our Site for the purchase of our Products, or communicating with us. When you use our Site and engage in a transaction, you consent to our collecting and using your information to complete the payment, deliver purchased Products, communicate with you regarding the transaction, enhance the operation of our Site, improve our internal marketing and promotional efforts, statistically analyze Site use, improve our product offerings, and customize our Site’s content, layout, and services. When you provide your personal contact information, such as your email address, you are given your affirmative consent to receive promotional communications from us. We may use this information to deliver newsletters, promotional offers and other useful information to you. If you change your mind after you provide your affirmative consent, you may withdraw your consent on the Site or by contacting us (see contact information below) with an unsubscribe notice. If we send you any commercial communication via email, we will also provide an unsubscribe mechanism therein. Please allow up to 10 days for us to process any unsubscribe request. Finally, we may use the information you provide to use to provide non-promotional notices, resolve disputes, troubleshoot problems and enforce our agreements with you, including our Site Terms and Conditions of Use, and this Policy.
Third Party Website and shopping car providers provide us with the online e-commerce platform that allows us to sell our Products to you over our Site. Some of your personal identification information is stored through their data storage, databases and there general application. Your credit card information is never stored on our servers. We understand that Weebly, Shopify or Wix may stores your personal identification information on a secure server behind a firewall. Your personal identification information is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our Site and its service providers. For more insight, you may also want to read Shopify’s Terms of Service or Privacy Policy found at:
https://www.shopify.com/legal/terms and https://www.shopify.com/legal/privacy. and Weebly’s terms of service found at https://www.weebly.com/terms-of-service https://www.weebly.com/privacy
Third-Party Services: We have made contractual arrangements with affiliates, service providers, partners and other third parties (“Service Providers”). Our Service Providers may need to use some of your information in order to perform tasks between our respective sites and to deliver products or services to you or to us. For example, we must release your credit card information to the card-issuing bank to confirm payment for Products purchased on the Site, release your address information to the delivery service to deliver products that you ordered, and provide order information to third parties that help us provide customer service. Other Service Partners include third parties who operate and maintain our Site and provide marketing services. In general, the Service Providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to you or us. However, certain third-party Service Providers, such as payment gateways and other payment transaction processors, have their own privacy policies governing the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction other than either you or us. So if you elect to proceed with a transaction, then your information may become subject to the laws of the jurisdiction(s) in which that Service Provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. We will encourage our Service Providers to adopt and promote strong privacy policies. However, the use of your information by our Service Providers is governed by the respective privacy policies of those providers, and is not subject to our control. Except as otherwise discussed in this Policy, this document only addresses the use and disclosure of information we collect from you. We are not responsible for the policies or practices of third parties.
Outside Links. This Privacy Policy only applies to the Site. The Site may include links to the websites of our business partners, vendors, advertisers or other third parties. These other websites are outside of our control. Please be aware that these websites may collect information about you, and operate according to their own privacy practices which may differ from those contained in our Policy. Remember to consult that website’s own privacy policy, as once you are outside the Website, any information you submit is no longer in our control.
Sale of Business: If SofaZen or this Site is acquired or merged with another company, your information will be transferred to the new owners.
Disclosure: We will not sell, trade, or rent your information to others. However, occasionally we may be required by law enforcement or judicial authorities to provide your information to the appropriate governmental authorities. In such cases, we will disclose your information only to the extent necessary upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful. We may disclose your information as necessary if you violate our Terms and Conditions of Use or this Policy.
3. Cookies
We will store cookies on your computer in order to collect certain data about our users and to customize certain aspects of your specific user experience. A cookie is a small data text file which is stored on your computer that uniquely identifies your browser. Cookies may also include more personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your first name to welcome you back to our Site. We may use cookies to perform tasks such as: monitoring aggregate site usage metrics; storing advertising preferences that you have set; and personalizing the transaction-related services we make available to you.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Site may not function properly if you elect to disable cookies.
4. Your Acknowledgment
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal identification information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
5. Age of Consent
You must be at least 18 years old to have our permission to use this Site to purchase Products. Our policy is that we do not knowingly collect, use or disclose information about minor visitors. If you use our Site to make a purchase, you represent that you are at least the age of majority under the laws of the jurisdiction of your place of residence or that you are the age of majority under the laws of the jurisdiction of you place of residence and you have given your consent to allow any of your minor dependents to use this Site to make a purchase. Protecting the privacy of children is especially important to us. For that reason, we never collect or maintain information about those we actually know are under 13.
6. California Resident Information Sharing Disclosure Requests
If you are a California resident, you have the right to request one Notice of Information-Sharing Disclosure per year which will identify the third parties with whom the Company or any of our affiliates has shared the Personal Information we have collected from you. You may request the Notice of Information-Sharing Disclosure by writing to us at [insert contact information]. We will respond to your request for a Notice of Information-Sharing Disclosure within 30 days.
7. International Users
If you use our Site from outside the United States to purchase Products you will be transferring data to us in the United States, and your use will constitute your unambiguous consent and agreement that the transfer is freely given in compliance with the laws of the country where you are accessing and using our Site. Prior to making a purchase, you may wish to consult a lawyer to determine your rights under applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. You have the right to not make a purchase and to stop using this Site, and to contact us to remove any personal identification information we may have received from you during your prior use of this Site.
8. Contact Information
If you would like to know what personal identification information we received from you, to correct, amend or delete that information, to register a complaint, or to simply receive more information about this Policy, please contact us at:
SofaZen 3045 West Directors Row
Salt Lake City, Utah, 84104
