Avenger

Privacy Policy

Bob's Discount Furniture, LLC ("Bob's," "we," "us" or "our") has created this website and our related mobile applications to provide online shoppers with a convenient forum to view and purchase furniture and other products. We refer to our website and mobile applications in this Privacy Policy as the "Website" or "Site".

Bob's is committed to respecting your privacy. This privacy policy and agreement (the "Privacy Policy") covers how we collect, use, and treat personal information that you may provide either (i) through our Website, (ii) by contacting us directly by phone, email, or another communications channel, or (iii) while visiting one of our physical locations (collectively, the "Services").

Our Privacy Policy applies to any visitor to the Website (collectively, "you"), including (i) casual visitors to our Site who do not sign up for an account on the Website ("Site Visitors"), and (ii) users who have registered with Bob's through the Website (collectively, "Registered Users").

1. Your Consent

Please read this Privacy Policy carefully because it creates legal obligations on you and on Bob's. You show your consent to this Privacy Policy by using our Website or visiting one of our physical locations (as applicable). We may also request your express consent when you become a Registered User or complete a purchase with us. In either event, you are acknowledging that you have read and understood this Privacy Policy, and agree to be legally bound by it. If you do not agree with the terms of this Privacy Policy, please refrain from using our Services.

2. Types of Information We Collect

We collect a few categories of information as described in this Section 2 (Types of Information We Collect). We may collect this information through different sources as described in Section 3 (How We Collect Personal information) below.

2.1 Personal Information

We use the term "Personal Information" to mean any information that identifies you as an individual, and any other information we associate with it. We may receive Personal Information from you directly, such as:

Your name, email address, and password;
Other contact information including a physical address and phone number;
Your payment and billing information;
Any information or feedback you provide in communications with us through our Website or via social media, email or our customer call center;
Your orders and transactions with us.

If you provide us with any Personal Information relating to another individual, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

2.2 Online Activity Information

We also collect technical and device-related information through our Website and third party analytics tools we use (collectively, the "Online Activity Information"). Sometimes Online Activity can be associated with your Personal Information (as described below), otherwise it is considered Anonymous Information as described below.

2.3 Anonymous Information

In addition to Personal Information, we may also have (i) information that does not identify you or your devices, and (ii) de-identified Personal Information that no longer identifies you (collectively, "Anonymous Information"). Information that meets either these criteria might include, for example, demographic information, statistical information (e.g., page views and hit counts), and general tracking information. We use Anonymous Information for our business operations, for example, to engage in marketing and other activities in a manner that protects our customers, since Anonymous Information does not include Personal Information and, as such, is outside the scope of this Privacy Policy.

3. How We Collect Personal Information

As described below, we may collect information from you when you visit our Website, when you call us, and when you visit our stores. In some instances, we may also receive information about you from third parties such as service providers.

3.1 Site Visitors

As a Site Visitor, you decide whether to provide us with your Personal Information. We allow you to visit our Site, browse our products, and review other information about our Services without revealing your identity or otherwise providing any Personal Information. In that case, the only information that we collect from your visit will be Online Activity Information or Anonymous Information.

3.2 Registered Users

In order to participate in our Services as a Registered User, we will direct you to complete a registration form. Our registration forms will require certain Personal Information such as: (i) name; (ii) email address; (iii) mailing address; and (iv) phone number. Our registration forms may also request information that you can choose to provide or withhold. The registration process provides Registered Users with an email username and password, which allows them to gain access to password-protected portions of the Website and to otherwise use certain functionality available on our Site. This information is used by Bob's in providing the Website and related Services, as further detailed below. The benefits of becoming a Registered User are set forth on our Website and in our Terms of Use.

3.3 Purchasing Products; Order Fulfillment and Payment; Financing and Protection

When you purchase products or other services from our Website (such as gift cards), or begin the checkout process, we typically collect contact and payment information (such as credit card number, expiration date, and security code). We may already have this information on file if you are a Registered User. This information is used for billing purposes, order fulfillment, contacting you about your order, and sending you other communications (including notifying you via email about an abandoned online shopping cart), all as described further in this Privacy Policy. You may also be able to complete purchases without providing us with payment information, such as by using PayPal.

We may also assist you in providing information necessary to apply for offers provided by financing partners we work with. For more information, please see https://www.mybobs.com/financing-options. Likewise, we may assist you when you apply for, or make claims in connection with Bob's Goof Proof Furniture Protection Plan. For more information, please see https://www.mybobs.com/goof-proof.

3.4 Photographs and Videos

We may provide the ability for you to submit photos to us through our Website (either directly or through a third party service) for marketing purposes or to process a request from you. For example, we may allow you to submit a photo of a product in connection with a review, or to report delivery damage in order to obtain an exchange. We will use the photo(s) that you submit for the purpose for which they were submitted. It is your responsibility to ensure that any photo you submit do not include images of any individuals or other identifying information.

We may also enable you to use a mobile device to scan a space where you might like to place certain furniture to visualize how the space might look with the furniture you select, for more information about this augmented reality (AR) feature, please see https://www.mybobs.com/app.

3.5 Emails; Live Chat; Customer Service Calls

You may contact us by phone, email, or through our Site's "live chat" service with your questions, comments, or feedback concerning our Site or Services. By communicating with us for these purposes, you may provide us with your email address or other Personal Information, and we will use this information in connection with responding to you and to improve our Services and offerings.

3.6 Questionnaires and Surveys

Our Website may allow you to participate in surveys and questionnaires, and we may post responses on the Site from time to time. You are free to choose whether you participate in a survey or questionnaire. We may ask that, in addition to providing your responses, you also provide Personal Information. In these instances, we use any information that you provide to us for the purposes for which you submit the information. We may also add your Personal Information to your customer profile so that we can provide you a more personalized shopping experience on the Website, as well as for advertising and marketing purposes. Survey and questionnaire information may be used for the purposes of monitoring or improving the use and appeal of this Site or improving our business.

3.7 Newsletters and Special Offers

You may choose to sign up to receive communications from us including, for example, emails with information on deals, news, store openings, and other events. In addition, if you are a Registered User or have previously provided Bob's with your email address, we may choose to send news, bulletins, marketing materials, or other information. We may use your Personal Information or expressed preferences to determine which communications may interest you, and to send such communications. You can opt out of receiving these communications as provided in Section 11 (Your Choices Regarding Your Personal Information; Opting Out) below.

3.8 User-Generated Content

We may give you the ability through the Website to engage with us and others in public exchanges, and this may include opportunities for you to provide comments, reviews, recommendations, and other input via the Website (collectively, "User-Generated Content"). Please understand that, if you include Personal Information in User-Generated Content, others may be able to read, collect, re-publish, and otherwise freely use the Personal Information. We are not responsible for Personal Information that you decide to include in User-Generated Content, and we are not obligated to take down, remove, or edit User-Generated Content, except as required by applicable law. If your User-Generated Content includes Personal Information relating to others, you represent that you have full permission and authority to do so.

3.9 Collection of Personal Information Offline

If you purchase a product or service from us in one of our physical stores or by phone, we may ask you to provide us with various information including, but not limited to, your contact information. For example, we may use your contact information to send communications as described in this Privacy Policy, to more efficiently complete deliveries, to administer our Goof Proof Protection Plan, and for other purposes set out on the sales receipt that you receive at checkout or as otherwise set out in a document provided to you by our sales staff. If you provide information to us at our request, then we will strive to provide you with either verbal and/or written notice of this Privacy Policy upon your request for a copy of the Privacy Policy. We treat any information that you provide to us as Personal Information under this Privacy Policy.

3.10 Personal Information Received from Third Parties

We may receive information from third parties such as advertising and marketing partners, public databases (e.g., National Change of Address records), and social media platforms, to supplement the information we receive from our customers. If we do so, this Privacy Policy governs how we can use that information.

4. How We Collect Online Activity Information and Anonymous Information

We collect Online Activity Information and Anonymous Information to analyze the effectiveness of our Site, to improve our Website and our Services, and for other similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of Website users and the use of our Website and Services, and we may share such information with third parties, including advertisers. We may collect Online Activity Information and Anonymous Information through features of the software that support our Website and our Services, through cookies and through other means described below.

4.1 IP Addresses; Logs

Bob's may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your computer), your computer's name, the type and version of your web browser, referrer addresses, and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used, and for security and monitoring purposes.

4.2 Cookies

A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a website's computers and stored on your computer's hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon future visits. We may include cookies on our Website and use them to recognize you when you return to our Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Services.

4.3 Tags

We may use so-called "pixel tags" – small graphic images (also known as "web beacons" or "single-pixel gifs") – to tell us what parts of our Website have been visited or to measure the effectiveness of searches customers perform on our Site. Pixel tags also enable us to send email messages in a format customers can read, and they inform us whether emails have been opened, to help ensure that our messages are of interest to our customers. You can "opt-out" of receiving these types of emails from us by following the directions provided in Section 11 (Changing or Removing Information; Opting Out). As noted above, any Personal Information collected using such tools will be subject to the terms of this Privacy Policy.

4.4 Click-Throughs

We may send email messages, which use a "click-through URL" linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and to measure the effectiveness of our customer communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 11 (Changing or Removing Information; Opting Out).

4.5 Computer Configuration

We may collect certain Anonymous Information in order to determine whether your computer is supported by our system. This information includes, but may not be limited to, your operating system and browser, the presence of any software that our Website may require to operate with your computer, or other third party software on your computer. This information is kept strictly confidential and is not shared with third parties, except as provided for in this Privacy Policy.

5. How We Use The Information We Collect

We use the information we collect or process, including Personal Information, Online Activity Information and Anonymous Information, as permitted under applicable law and consistent with the terms of this Privacy Policy. More specifically, we use the information we collect for the following purposes:

To provide you with the Services you request (on the Website, by phone, in our stores or otherwise), including use of our Website, to complete purchases, order fulfillment, returns and other needs associated with a transaction, to create and manage Registered User accounts, and to communicate with you regarding our Services;
To allow you to post User-Generated Content, submit photographs for marketing or other purposes and to process your requests using such photographs, use AR features of our mobile applications, and participate in surveys and questionnaires;
To respond to your inquiries;
To customize and enhance your use of our Website and Services, such as by personalizing your experience with us;
To provide communications that might interest you, including marketing messages and to inform you of products and services that we think would be appealing to you, whether the products or services are provided by us or by others, and whether the products or services are available via our Site or via a third party;
To verify your identity and to securely process your purchases or other requests for Services;
To perform analytics, quality control, market research, and to determine the effectiveness of our Site, promotional campaigns, to improve our current products, Services, and Site, and develop new products and services;
To perform internal administration, auditing, operation, and troubleshooting for our Site and Services;
To share the information with third parties strictly as permitted in Section 8 (How We May Disclose Your Information) below;

In addition to the uses specifically identified above, there may be instances where you request information and Services from us that are not described in this Privacy Policy. In our discretion, we can use information that you submit in order to provide such information and Services.

6. Treatment of Combined Information

To enable us to better understand the characteristics of our customers and/or to provide Services tailored to your needs, we may link your Personal Information with Online Activity Information associated with you or other Anonymous Information. If Online Activity Information or other Anonymous Information is ever associated or combined with your Personal Information (such as a name or email address), we will treat it as your Personal Information subject to the terms of this Privacy Policy.

7. Other Essential or Internal Uses of Information

We may also use information we collect as we believe to be necessary or appropriate for certain essential purposes, including:

To comply with applicable law and legal process;
To respond to requests from public and government authorities, including public and government authorities;
To detect, prevent, or investigate potential security incidents or fraud;
To facilitate the functionality of our mobile applications and websites;
To provide important product safety information and notice of product recalls;
To enforce our terms and conditions;
To protect our operations or those of our affiliates;
To protect our rights, privacy, safety or property, security and/or that of our affiliates, you or others; and
To allow us to pursue available remedies or limit the damages that we may sustain.

8. How We May Disclose Your Information

We will not disclose your Personal Information to third parties without your express consent, except in the following limited circumstances:

8.1 Bob's Vendors

We may employ other companies to perform functions on our behalf, such as development, maintenance and hosting of our Website, data analysis, payment processing, order fulfillment, product deliveries, IT services, customer service, email delivery services, administering our Goof Proof Protection Plan, consumer financing, and other functions necessary to our business operations (collectively, "Vendors"). We may need to share your Personal Information with our Vendors. We will only provide Vendors with information so they can perform their required functions, and we will not allow them to use your Personal Information for any other purpose.

Online Activity Information may be shared with our online and email advertisers or other third parties that provide cookies, pixel tags, or other similar technologies for use on our Site to manage and improve our online Services and marketing activities.

8.2 Safety and Security

We may reveal Personal Information to attorneys, investigators, or law enforcement if we believe it is necessary to address a situation where someone was harmed or at risk of harm from another, or someone is violating or likely to violated (either intentionally or unintentionally) our Terms of Use or otherwise violating the legal rights of any individual or entity.

8.3 Legal Obligation

Bob's will reveal your Personal Information to the extent we reasonably believe that we are required to do so by applicable law. If we receive legal process calling for the disclosure of your Personal Information, we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.

8.4 Corporate Transaction

Bob's may transfer to a third party all of the information that we have collected, including any Personal Information, in connection with a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings). In such circumstances, the acquiring party will be subject to the terms of this Privacy Policy.

8.5 Our Affiliates

We may share information we collect with our "Affiliates", which are any entity that is closely related to us, such as any entity that controls, is controlled by, or is under common control with Bob's Discount Furniture, LLC. Our affiliates will be subject to the terms of this Privacy Policy.

9. Accuracy and Minimization of Data

We take reasonable steps (i) to maintain the accuracy of the Personal Information we process, and (ii) to limit the Personal Information that we process to that which is reasonably necessary for the purposes for which we obtain the information. We may retain your Personal Information for as long as reasonably necessary to provide services to you, unless you request that we delete certain information in accordance with Section 11.3 (Access, Deletion, and Do-Not-Sell Requests) below.

10. Advertising

We participate in online advertising to keep our customers up to speed on product offerings, site promotions, and associated content. Like many companies, we utilize targeted Bob's banners and ads and may display these to you when you are on other websites and apps. We do this using a variety of digital marketing networks and ad exchanges in addition to using a range of advertising technologies like web beacons, pixels, ad tags, cookies, and mobile identifiers, as well as specific services offered by some sites and social networks. The banners and ads that you may see displayed will be based on information we hold about you, such as your previous use of our Site. This may include your Website search history, the content you read on the Site, or on Bob's banners or ads you have previously clicked on. Additionally, our Site may include the use of ad banner partners for the serving and/or targeting of ads, promotions, and other marketing messages. These ads may be provided, in some cases, by a third party ad service provider or advertiser (collectively, "Advertisers"). Additionally, Advertisers may place or utilize their own cookies on your browser and may use Online Activity Information or other Anonymous Information about your visit to our Site. If an Advertiser requests that you provide Personal Information to it or otherwise accept its cookie on your browser, please be aware that the Advertiser's use and collection of this information and use of any cookies will be governed by its privacy policy or other relevant agreement, and not our Privacy Policy. We recommend that you review the Advertiser's privacy policy before providing Personal Information. You may choose not to receive targeted advertising from certain ad networks, data exchanges, marketing analytics, and other service providers as indicated at: http://www.aboutads.info/choices/.

11. Your Choices Regarding Your Personal Information; Opting Out

11.1 Discretionary Account Information

To allow appropriate control over Personal Information, you can view, change, or update discretionary information that you have previously submitted either by contacting us as provided in Section 21 (Contact Us) below or by accessing your account on our Website if you are a Registered User.

11.2 Opt-Out of Marketing Communications

If we choose to send to you bulletins, updates, or other marketing-related materials, we will provide you with the ability to decline – or "opt out" – of receiving such communications. Instructions for opting-out will be provided if and when we determine to send you such a communication. For example, if you no longer wish to receive email messages from us, you can opt out of this Service by either (i) following the "unsubscribe" instructions located near the bottom of each email message, or (ii) contacting us as provided in Section 21 (Contact Us) below. Please understand that we may still communicate with you in connection with administrative notices concerning any transactions, operation of the Site and legal notices.

11.3 Access, Deletion, and Do-Not-Sell Requests

BOB'S IS CURRENTLY IMPLEMENTING INTERNAL CHANGES TO FULFILL REQUESTS SUBMITTED UNDER THIS SECTION 11.3 (Access, Deletion, and Do-Not-Sell Requests). UNTIL SUCH CHANGES ARE COMPLETED, BOB'S MAY NOT BE ABLE TO FULFILL CERTAIN REQUESTS. BOB'S WILL NOTIFY THOSE MAKING A REQUEST IF SUCH REQUEST IS IMPACTED BY ONGOING INTERNAL CHANGES. PLEASE NOTE THAT THESE REQUESTS MAY ONLY BE AVAILABLE FOR CALIFORNIA RESIDENTS AT THIS TIME.

We provide the following additional rights with respect to your Personal Information:

You may request a copy of the following: (1) the categories of Personal Information we collected about you; (2) the categories of sources from which the Personal Information is collected; (3) the business or commercial purpose for collecting or selling (if applicable) the Personal Information; (4) the categories of third parties with whom we share Personal Information; and (5) the specific pieces of Personal Information we have collected about you.
You may request that we delete your Personal Information. Note that deletion requests are subject to a number of limitations, for example, we may keep Personal Information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, to process transactions and facilitate customer requests, and for other internal business purposes consistent with the terms under which it was collected.
You may request that we do not share your Personal Information with third parties to be used for purposes not described in this Privacy Policy. The California Consumer Privacy Act refers to this as a "Do Not Sell" request. Bob's only shares Personal Information with Vendors and others described above for purposes identified in this Privacy Policy, but Online Activity Information or Anonymous Information collected by the Vendors providing pixels or other third party technologies on our Website could potentially be used by those Vendors for their own purposes, some of whom may be able to associate such information with you based on other information they have collected independently (not from Bob's). We will endeavor to block such sharing upon request.

You can submit any of these requests at www.mybobs.com/privacyrequest or by contacting us at (877) 378-0281. You may authorize another person (your "Agent") to submit a request on your behalf the same way. Shortly after you (or your Agent) submit a request, we will contact you (usually via email) with instructions on how to verify the submitted request before we fulfill it. Please be advised that these requests are unrelated to an opt-out of marketing communications, which can be done as provided in Section 11.2 (Opt-Out of Marketing Communications) above.

Please be advised that Bob's will fulfill these requests in its reasonable discretion or as otherwise required by applicable law. Likewise, we will aim to complete such requests as soon as reasonably practicable and consistent with any applicable law.

If you otherwise have concerns or objections with our processing of your Personal Information, please contact us as provided in Section 21 below.

12. Security

We have implemented security measures and other safeguards designed to prevent unauthorized access to, or disclosure of, Personal Information that you provide to us. Our Site's password-protected portions require users to give us unique identifiers such as their email username and password. Bob's employees are directed to respect the confidentiality of individuals' Personal Information. Additionally, we direct Affiliates and Vendors to implement security measures and handle Personal Information consistent with this Privacy Policy. Access to Bob's databases containing Personal Information is restricted to a need-to-know basis. Our security measures and other safeguards are aimed at deterring and preventing hackers and others from unauthorized access to information that you provide to us. We also monitor network traffic for unauthorized attempts to access or change information, or otherwise cause damage to our systems or Personal Information we maintain. However, due to the nature of internet communications and information technology, we cannot provide, and expressly disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.

13. Notice of Security Incident

If we detect unauthorized access to Personal Information (an "Intrusion"), we will: (i) notify affected users of the Intrusion if the information at issue is sensitive, in our discretion; (ii) deliver this notice by the means we deem most efficient under the circumstances; (iii) use contact information for each affected user that is current in our files; and (iv) use commercially reasonable efforts to accomplish these steps in a timely manner. To the extent applicable law requires steps in addition to those specified above, we will comply with applicable law.

14. Participation of Children and Teens; Advisory

WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW OR BELIEVE ARE UNDER 13 TO PARTICIPATE IN OUR SITE OR SERVICES. YOU MUST BE AT LEAST 13 YEARS OLD TO USE OUR SITE AND SERVICES. IF YOU ARE BETWEEN 13 AND THE APPLICABLE AGE OF MAJORITY, PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN. If you believe that we might have received Personal Information from an individual under 13 years old, please contact us as directed in Section 21 (Contact Us) below.

15. Notice of Privacy Rights to California Residents

California law requires certain businesses to respond to requests from California users who ask about business practices related to disclosing Personal Information to third parties for direct marketing purposes. The California "Shine the Light" law further requires us to allow California residents to opt out of certain disclosures of Personal Information to third parties for their direct marketing purposes.

With respect to the California Consumer Privacy Act:

Bob's does not provide a financial incentive or a price or service difference to customers in exchange for the retention or sale of their Personal Information. We may send promotions and other offers to those individuals subscribing to our marketing communications and, unless an individual has opted out of such communications, the individual will continue to receive such communications irrespective of whether a disclosure, deletion, or "Do Not Sell" request has been submitted. Bob's does not offer financial incentives to deter customers from making such requests. Bob's will not discriminate against any customer for exercising their privacy rights, including those provided by applicable law.
Bob's will endeavor to report customer request metrics when they become available.
If you are a job applicant submitting Personal Information to Bob's in connection with an application for employment, you will be provided with a privacy notice regarding how we handle such information as part of the application process.
If you have any questions about Bob's privacy practices, including in connection with the California Consumer Privacy Act, please contact us as directed in Section 21 (Contact Us) below.

16. Feedback, Concerns and Complaints

We want to hear from you. If you have feedback, suggestions on how we can improve our Services or complaints you would like us to address, please contact us as directed in Section 21 (Contact Us) below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. Other states may provide similar avenues for lodging complaints. Please check with your state's consumer protection authority.

17. Notification of Changes

Bob's may update its Privacy Policy from time to time. We will post a notice of the new Privacy Policy on our Website. Your subsequent use of our Site following any such change constitutes your agreement to follow and be bound by the Privacy Policy, as updated.

18. Our Affiliates

We may choose to rely on, and share information with our Affiliates for certain purposes under this Privacy Policy. You agree that Bob's Affiliates will be entitled to enjoy our rights under this Privacy Policy and, in exchange, our Affiliates adhere to this Privacy Policy.

19. Relationship to Terms of Use

This Privacy Policy must be read together with our Terms of Use, and the Terms of Use is incorporated therein. If Terms of Use conflict with this Privacy Policy, then this Privacy Policy shall control. If the terms of any other contract between you and Bob's conflict with the terms of this Privacy Policy, this Privacy Policy will control with respect to your Personal Information.

20. Third Party Sites; International Considerations

Our Site may link to (or be linked from) another website, mobile application, social media platform or other online service. We have no control over such third parties and are not responsible for the content, availability, or security of such linked third-party websites, so please read their privacy policies carefully. Third parties may use your information for their own purposes, including behavioral or advertising purposes. The inclusion of a link on our Site to a third party does not necessarily imply endorsement of the third-party website or its products or services, and is provided for your convenience only. If you decide to access any of the third-party websites linked to our Site, you do so subject to the terms and conditions of use for such third-party websites. Any Personal Information that you provide through a third-party website, mobile application, social media platform or other online service will be subject to the privacy policy of its operator and not this Privacy Policy.

Our Website and Services are primarily intended for use within the United States. While our primary data centers are in the United States, we may transfer information outside of the United States. In addition, we may employ other companies and individuals to perform functions on our behalf. If we disclose personal information to a third party or to our employees outside of the United States, we will seek assurances that any information we may provide to them is safeguarded adequately and in accordance with this Privacy Policy. By providing your Personal Information, you consent to any transfer and processing in accordance with this Privacy Policy and understand that we operate under applicable laws within the United States.

21. Contact Us

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us using the methods provided on https://www.mybobs.com/contact-us page.

22. Do No Track Notice

Our Website does not change its behavior when receiving "Do Not Track" signals from browser software, and handles all Personal Information consistent with this Privacy Policy.

23. Effective Date

The effective date of this Privacy Policy is December 11, 2019.

24. COPYRIGHT AND LEGAL NOTICE

Terms of Use:

Bob's Discount Furniture, LLC

Our Website (available at www.mybobs.com) and our related mobile application (collectively, the "Website", or "Site") is provided to you by Bob's Discount Furniture, LLC ("Bob's," "we," "us" or "our").

To assist you in using our Website, and to explain the relationship arising from your use of our Site and the information, products, and services offered through it, we have created (i) these Terms of Use (the "Terms of Use" or "Terms"), and (ii) a Privacy Policy. Our Privacy Policy explains how we treat certain information that we have about you and our Terms govern your use of our Site and participation in our Website Services. Our Terms apply to any visitor to the Website (collectively, "you"), including (i) casual visitors to our Site who do not sign up for an account on the Website ("Site Visitors"), and (ii) users who have registered with Bob's through the Website ("Registered Users"). These Terms only apply to your use of the Website and receipt of information and services through the Site. These Terms do not apply to information, products, and services that you obtain from Bob's through other means.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE OUR SITE. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE OUR SITE.

1. Your Agreement. These Terms govern your use of the Website. Please read these Terms carefully as they impose legal obligations on you and us. By accessing and using our Website or downloading our mobile applications, you acknowledge and agree to be legally bound by these Terms. In addition, for certain activities on the Site, we may further confirm your consent by asking you to click an "I accept", or similar button. If you do not agree with these Terms, please refrain from using our Site (including our mobile applications).

2. Obtaining a Password Use of Your Password. Customers are allowed to create an account on the Website in order to move through the online checkout process faster, store multiple shipping addresses, view orders, and take advantage of other helpful services that we offer. Online accounts are accessible only to Registered Users that have a username and password. If you are a Registered User and obtain a username and password, please keep in mind that we will treat anyone who uses your username and password as "you". We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for user activities associated with your username and password. We therefore recommend that you maintain your username and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to your use of our Website. Please notify us immediately if you suspect that someone is using your username and password in an inappropriate manner.

3. Grant of Rights to Users. Based on your agreement to comply with these Terms, we grant you a non-exclusive license to (1) access and use all publicly available and, if expressly authorized, password-protected areas of our Website, Website Content, and Website Services in order to: (i) learn more about Bob's and the products and services that we offer; (ii) provide information to us through our Website; (iii) purchase Bob's products; (iv) download and print pages from our Website; and (v) access other information that we make available through our Website; and (2) download and use the mobile application in compliance with its available features and functionality (collectively, the "General Permitted Purposes"). You agree that the Website, Website Content, and Website Services are made available solely for your personal, non-commercial use, and that the General Permitted Purposes allow only personal, non-commercial use. Any other use of the Website, Website Content, and Website Services is strictly prohibited.

4. Bob's Ownership; Reservation of Rights. All information, software, artwork, trademarks, text, video, audio, pictures, logos, and other content on the Website or embodied in our products and services, including all associated intellectual property rights (collectively, the "Website Content"), is the property of My Bob's and its licensors, are protected by U.S. and international copyright and other intellectual property laws, or are used under principles of fair use. Bob's and its licensors retain all rights with respect to the Website, Website Content, and Website Services except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material available through the Website or Website Services unless specifically authorized in writing to do so by Bob's. The term "Website Content" expressly excludes Submitted Content.

5. Submitted Content. The term "Submitted Content" means information that you submit to our Site or otherwise make available via #mybobsfurniture, including, but not limited to: (i) feedback, comments, and suggestions you provide to us; (ii) questions or comments that you provide to us; (iii) images and audiovisual files that you provide to us; and (iv) any other information or materials you provide to us or post directly or indirectly on our Site or using the reference hashtag.

5.1 Grant of Rights in Submitted Content. By providing Submitted Content, and subject to your rights in Personal Information set out in our Privacy Policy, you authorize us to copy, modify, display, distribute, perform, use, and otherwise exploit the Submitted Content in any manner and in any location, channel, or medium, all without compensation to you and for so long as we deem warranted (collectively, the "Use Rights"). In addition, you authorize us to grant any third party some or all of the Use Rights. By way of example, and not limitation, the Use Rights include the right for us to publish Submitted Content on our Website in whole or in part, and whether cropped, adopted, altered, or otherwise manipulated, for as long as we choose.
5.2 Requisite Permission for Providing Submitted Content. By providing Submitted Content, you represent and warrant that you own such Submitted Content (including any copyright and other intellectual property rights therein), or that you have obtained sufficient authority and right in and to the Submitted Content in order to provide the Use Rights. For example, by emailing us a testimonial of your experience with our products along with a photo of that experience, you represent and warrant to us that you have obtained the necessary permission from anyone appearing in the photograph to grant us the Use Rights in the photograph.
5.3 Submitted Content Containing Personal Information. Notwithstanding anything to the contrary, if you provide Submitted Content to the Website, by way of email or otherwise, we will treat such Submitted Content as non-confidential and non-proprietary to you. Submitted Content that you provide to us may, once published, be publicly available to anyone. Although we may review Submitted Content prior to using it, we make no representations or warranties regarding any Submitted Content or our review of such Submitted Content. In addition, any Personal Information that is included in Submitted Content may be posted on our Site or otherwise used and may be made publicly available. For example, you may include your name, mailing address, and email address in a product review. This information will be publicly available. As such, please use discretion when including Personal Information and other details in Submitted Content that you provide to us.
5.4 Right to Decline Submitted Content. We expressly reserve the right to refuse to use (or to disable or remove) Submitted Content that we conclude, in our sole discretion, violates these Terms or our Privacy Policy, or is incompatible with the purposes of our Website or operations.

6. Code of Conduct; Revocation or Suspension of Use Privileges. By using our Website, you agree to comply with these Terms, and to follow our Code of Conduct, which is set out below. Under this Code of Conduct, you shall not:

- Upload, email, or otherwise transmit any image or other content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography, or is otherwise objectionable.
- Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, Personal Information, or other materials that reveal personal, private, or sensitive information about another person, without that person's consent.
- Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
- Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, images and text in electronic form – can easily be copied, modified, and sent over the internet. These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner's permission or without a legitimate "fair use" justification for the transmittal.
- Transmit materials that contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personal Information.
- Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
- Use the Website in a manner that could disable, overburden, or impair the Website or Website Services or interfere with any other party's use and enjoyment of the Website and Website Services, such as through sending "spam."
- Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities, or to evade filtering capabilities.
- Seek to obtain access to any materials or information through "hacking", "data harvesting", or through other means we have not intentionally made available to you through the Website.
- Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising.

We reserve the right at any time to terminate or suspend your use of some or all of the Website if you engage in activities that we conclude, in our sole discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.

7. Links to Third Party Sites. Our Website may contain links or references to other websites. We have no control over these other sites or their content and do not assume responsibility or liability for any content, opinions, or material available on them. We do not endorse the content of any third party site, nor do we warrant that a third party site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. If you link to any third party site through the Website, Website Content, or Website Services, please be aware that you are doing so at your own risk. We encourage you to review any third party website's terms of use and privacy policy as those, and not our Terms and Privacy Policy, are applicable to your use of their site and any information that they collect.

8. Disclaimer of Endorsements; Information Accuracy. The information made available through the Website (including, but not limited to, Submitted Content provided by other users), Website Services, and Website Content is made without any endorsement of any kind by Bob's. In addition, while we may review information before it is posted on our Website, we do not undertake to validate the accuracy and timeliness of this information.

9. Website Terms of Purchase. Any purchases you make through our Website are governed by our Cancellations / Refunds Policy, which can be found at Returns and Exchanges.

10. California Prop 65. Bob's products contain chemicals known to the state of California to cause cancer or birth defects or other reproductive harm.

11. Warranty Disclaimer. On our Website you are able to: (i) obtain information about our products and services; (ii) purchase our products; (iii) manage your contact and billing information if you have previously provided it through the Website; (iv) keep track of your orders; and (v) use other services that we may make available to you from time-to-time (collectively, "Website Services"). This Section 11 (Warranty Disclaimer) applies only to our Website Services. Our Cancellations / Refunds Policy, which can be found at Returns and Exchanges, cover warranties and warranty disclaimers for goods and services that you have purchased.

We do not promise that the Website, Website Services, or Website Content will be error-free, uninterrupted, or without inaccuracies. The Website, Website Services, and Website Content are all provided on an "AS IS" and "AS AVAILABLE" basis. We do not represent or warrant that the Website, Website Services, Website Content or files you download from the Site will be free of viruses, inaccuracies, or other harmful features. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOB'S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, WEBSITE CONTENT, AND WEBSITE SERVICES IS AT YOUR SOLE RISK.

12. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL BOB'S BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE WEBSITE, WEBSITE CONTENT, OR WEBSITE SERVICES. IN NO EVENT SHALL BOB'S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE WEBSITE, WEBSITE CONTENT, OR WEBSITE SERVICES RECEIVED FROM BOB'S EXCEED U.S. $250.00.

13. Indemnity. You agree to defend, indemnify, and hold Bob's and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms or a claim that Submitted Content or other material that you provide to us violates rights held by a third party.

14. Contact for Alleged Copyright Infringement. We respect the intellectual property rights of others and require that our users do the same. If you believe that any content available on our Site or any other activity taking place on the Site constitutes infringement of a work protected by copyright law, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. § 512) (the "DMCA") to respond to such concerns, as follows:

Christian Ambrosio
Director of Digital Marketing
Bob's Discount Furniture
428 Tolland Turnpike
Manchester, CT 06042
860-474-1403
Christian.Ambrosio@mybobs.com

Your notice must comply with the DMCA. Upon receipt of a proper notice, we will respond and proceed in accordance with the DMCA.

We have implemented a repeat infringer policy to address instances in which a particular user is subject to multiple DMCA notifications (the "Repeat Infringer Policy"). If we determine that a user has violated our Repeat Infringer Policy, then we may take in our sole discretion any number of steps including, but not limited to, issuing warnings to the applicable user, suspending or terminating that user's account, and/or any interim measures that we deem appropriate.

15. Monitoring Website Use. You agree that we have the right and discretion to monitor any activity and content associated with our Website, Website Content, and Website Services. We may investigate any reported violation of these Terms or complaints relating to the Website, Website Content, and Website Services, and may take any action that we believe is appropriate including, but not limited to, removing materials from the Website and terminating/suspending your access to the Website.

16. Modifications to these Terms. If we modify these Terms, then such modifications shall take effect proactively, upon your subsequent access to the Website. You may print out a copy of these Terms for your records.

17. Assignment. These Terms shall not be assignable by you, either in whole or in part. We reserve the right to assign the rights and obligations under these Terms for any reason and in our sole discretion.

18. Definitions.

18.1 Personal Information. The term "Personal Information" has the meaning set out in our Privacy Policy.
18.2 Submitted Content. The term "Submitted Content" has the meaning set out in Section 5 (Submitted Content) of these Terms of Use.
18.3 Website Content. The term "Website Content" has the meaning set out in Section 4 (Bob's Ownership; Reservation of Rights).
18.4 Website Services. The term "Website Services" has the meaning set out in Section 11 (Warranty Disclaimer). The Term "Website Services" expressly excludes those services that you may obtain from third parties through our Website, Website Content, and links available on our Website to third-party sites.

19. General. These Terms shall be governed in all respects by the laws of the Commonwealth of Massachusetts, without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in, the state and federal courts sitting in the judicial district that includes Boston, Massachusetts. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

20. Claims Against Other Users. You agree that in the event that you have any right, claim, or action against visitors or other users of our Website arising out of that person's use of the Website, then you will pursue such right, claim, or action independently of and without recourse to us.

21. Translations. These Terms may be translated into languages other than English (collectively, "Translations"). Any communications sent by us to you shall be sent in English. Dispute resolution procedures arising out of either these Terms or the Translations shall be conducted in English, and the English version of these Terms shall control over the Translations.

22. Survival. In addition to any right or obligation that by its nature or intent is intended to survive any termination or expiration of these Terms, the following provisions shall survive the termination or expiration of these Terms and shall apply indefinitely: (i) Section 4 (Bob's Ownership; Reservation of Rights); (ii) Section 5 (Submitted Content); (iii) Section 8 (Disclaimer of Endorsements; Information Accuracy); (iv) Section 9 (Warranty Disclaimer); (v) Section 12 (Limitation of Liability); (vi) Section 13 (Indemnity); (vii) Section 19 (General); and (viii) Section 22 (Survival).

23. Contact Us. We welcome your feedback or suggestions. Please contact us at: Contact Us. Please refer to Section 14 (Contact for Alleged Copyright Infringement) above if you wish to contact our DMCA agent about matters related to possible copyright infringement.

24. Additional Terms. Certain portions of the Website and Website Services may be subject to additional or different terms and conditions. We will notify you if those portions of the Website or Website Services are subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in those portions of the Website or applicable Website Services if you do not agree with the differing terms and conditions.

25. Duration of Rights. The license we grant to you in the mobile application portion of our Site will continue until the earlier of (i) your deletion of the mobile application from your applicable device; (ii) our cessation of support for, or offering of, the mobile application; and (iii) your failure to comply with these Terms.

26. Complete Agreement. These Terms of Use must be read in conjunction with our Privacy Policy, and our Cancellations / Refunds Policy, and the provisions of our Privacy Policy and our Cancellations / Refunds Policy are incorporated herein. To the extent that the Terms of Use conflict with the Privacy Policy, the terms of the Privacy Policy shall control. To the extent the Terms of Use conflict with the Cancellations / Refunds Policy, the Cancellations / Refunds Policy shall control. Please note that, except as expressly stated otherwise, these Terms of Use only apply to your use of our Website. These Terms, the Privacy Policy, and the Cancellations / Refunds Policy set forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

27. Effective Date. December 11, 2019.

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