Hybrid+ Mattresses

Privacy Policy

Updated: 01/9/2015

Bob's Discount Furniture, LLC ("Bob's," "we," "us" or "our") has created this website to provide online shoppers with a convenient for'm to view and purchase furniture and other products (the "Website" or "Site").

Bob's is committed to maintaining 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 or while participating in the services that we offer at the Website (the "Services"), or (ii) directly to us upon our request and while visiting one of our physical locations as further set out in Section (Provision of Personal Data Offline).

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 once you consent to this Privacy Policy and its terms, it creates legal obligations on you and on Bob's. We ask you to show your consent to this Privacy Policy in different ways. The procedures for consenting to this Privacy Policy are less formal if you are a Site Visitor, and more formal if you are seeking to become a Registered User.

1.1 Consent by Site Visitors

By accessing and using our Website as a Site Visitor, 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 Site.

1.2 Consent by Registered Users

If you wish to become a Registered User of our Site, then you will be prompted to click the "Create Account" or similar button to create an account, and a link to this Privacy Policy is included near the button. By clicking the "Create Account" or similar button, you are affirmatively agreeing that you have read and agree to this Privacy Policy, and to be legally bound by it.

2. The Information We Collect

Information that you may provide or that we may collect from you while visiting our Site or while participating in our Services falls into three broad categories: (i) Personal Data; (ii) Non-Personal DataNon-Personal Data; and (iii) Anonymous Information.

2.1 Personal Data

We use the term "Personal Data" to mean any information that identifies you as an individual. The Personal Data we collect may include the following:

Your name;

Your address;

Your email address;

Your phone number;

Your payment information;

Your browsing history when logged into our website; and

Your order history.

2.2 Non-Personal Data

We also collect technical and device-related information that is not Personal Data, but instead identifies or may reasonably be used to identify, a particular user device (collectively, "Non-Personal Data"). Non-Personal Data is typically collected automatically by technical means and, subject to Section (Treatment of Combined Information), for purposes of our Site consists of the following:

Device identifiers, such as cookies;

Device information, such as hardware and software settings;

IP addresses and log information, such as your device's name, the type and version of your web browser, and referrer addresses that can function to identify a user device; and

Tracking information that we, or a third party, collects.

2.3 Anonymous Information

We may also collect, process, and use information that does not identify you or your devices, including Personal Data that has been made anonymous by: (i) removing identifying fields and aggregating the information with other information so that individuals cannot be re-identified, or (ii) anonymizing the information with techniques that remove or modify the identifying data so as to prevent re-identification of the anonymized information (collectively, "Anonymous Information"). Information that meets these criteria might include, for example, demographic information, statistical information (e.g., page views and hit counts), and general tracking information.

3. How We Collect Personal Data

As a Site Visitor, we allow you to decide whether you wish to provide us with Personal Data. Accordingly, we have structured our Website so that you may visit our Site, and review selected information about our Services, without revealing your identity or providing any Personal Data. We will only share Personal Data you choose to provide to us via the Website with third parties as disclosed in this Privacy Policy. We collect information from you at different points on our Website and through our Services:

3.1 Site Visitors

As a Site Visitor, you are able to come to our Site and review selected information about our Services without providing us with any Personal Data. In that case, the only information that we collect from your visit will be Non-Personal Data or Anonymous Information.

3.2 Registration Information; User Names

In order to participate in our Services as a Registered User, we require that you complete a registration form. Our registration forms will specify the information that you must provide in order to use our Website, which may include such Personal Data as your: (i) name; (ii) email address; (iii) mailing address; (iv) phone number; and (v) payment information. 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 and Conditions of Use.

3.3 Purchasing Products; Order Fulfillment and Payment

If you purchase products from our Website, we may collect Personal Data, including contact information and payment information (such as credit card number, expiration date, and security code), in connection with your order and purchase. 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. Please note that Bob's uses a reputable company (the "Payment Processing Company") to collect and process your payment information. Rest assured that we have taken steps to ensure that the Payment Processing Company protects Personal Data it collects from you in compliance with our Privacy Policy.

3.4 Photographs

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 the photo(s) you submit do not include images of any individuals or other identifying information.

3.5 E-Mails; Live Chat

You may contact us via email or our "live chat" functionality with questions, comments, or feedback concerning our Site or Services. By communicating with us for these purposes, you may provide us with your email address and other Personal Data. In these instances, we use any information you provide to us for the purposes for which you submit the information.

3.6 Questionnaires and Surveys

Our Website may allow you to participate in surveys and questionnaires, which we may post 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 Data. 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 Data 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 (such as through the means described in Section 3.11 (Provision of Personal Data Offline)), we may choose to send news, bulletins, marketing materials, or other information. We will use Personal Data to determine which communications may interest you, and to send such communications. If we choose to undertake such communications, you will have the ability to opt out of receiving these communications as provided in Section 11 (Changing or Removing Information; Opting Out).

3.8 User-Generated Content

We 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 Data in User-Generated Content, others will be able to read, collect, re-publish, and otherwise freely use the Personal Data. We are not responsible for Personal Data that you decide to include in User-Generated Content, and we will not take down, remove, or edit User-Generated Content, except as required by applicable law. If you include in your User-Generated Content any Personal Data relating to others, you represent that you have full permission and authority to do so.

3.9 Verifying Identity

When you request Services or information from us, we may use Personal Data (and other information that we have about you) to verify your identity and to process your request. This is designed to further protect you and to reduce the threat of identity theft and fraudulent transactions.

3.10 Other Uses

In addition to the uses specifically identified in this Section 3 (How We Collect Personal Data), there may be instances where you request information and Services from us that are not described in this Privacy Policy. We will use Personal Data that you submit in order to provide such information and Services.

3.11 Provision of Personal Data Offline

If you purchase a product or service from us in one of our physical stores, we may ask you during the checkout process to provide us with your contact information, such as your telephone number and email address (collectively, the "Contact Information"). We will use your Contact Information to send communications to you as further described in Section 3.7 (Newsletters and Special Offers), 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. If you provide Contact Information to us at our request during checkout, we strive to provide you with either verbal and/or written notice of this Privacy Policy so that you can review it. We treat any Contact Information that you provide to us during the in-store checkout process as Personal Data under this Privacy Policy. Please note that, other than the Contact Information that you provide to us during the checkout process, this Privacy Policy does not govern our practices with respect to any other information that you provide to us offline including, for example, payment information that you provide to us during the in-store checkout process.

4. How We Collect Non-Personal Data; Anonymous Information

We use Non-Personal Data 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 Non-Personal Data and/or Anonymous Information with third parties, including Advertisers (if any). Anonymous Information provided to third parties as outlined in this Section 4 (How We Collect Non-Personal Data; Anonymous Information) will not allow anyone to identify you. We may collect 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" â€“ small graphic images (also known as "web beacons" or "single-pixel gifs") â€“ 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). Any Personal Data 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

In order to determine whether your computer is supported by our system, we may collect certain Non-Personal Data and/or Anonymous Information. 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 Collected Information

We use the information that we collect or process, including Anonymous Information, Non-Personal Data, and Personal Data, as permitted under applicable law, including where the use is based on: (i) the consent you provide to us at the point of collection as set in this Privacy Policy; (ii) performance of our agreement to provide you with the Services; (iii) compliance with our legal obligations; and/or (iv) our legitimate interests, as well as a third party's legitimate interests. More specifically, we use the information we collect for some or all of the following:

Our Use of the Information	Sample Bases for Our Use
To provide you with the Services you request, including for billing purposes and order fulfillment, and to contact you with information about your order and other communications (See Section 3.3 (Purchasing Products; Order Fulfillment and Payment))	Performance and management of our agreement with you
To allow you to post User-Generated Content (See Section 3.8(User-Generated Content))	Performance and management of our agreement with you Your Consent
To allow you to submit photographs for marketing or other purposes and to process your requests using such photographs (See Section 3.4(Photographs))	Performance and management of our agreement with you Your Consent
To respond to your inquiries (See Section 3.5(Emails; Live Chat))	Performance and management of our agreement with you
To customize your visit to and use of the Website (See Section 3.2 (Registration Information))	Our legitimate interests
To allow you to participate in surveys and questionnaires (See Section 3.6 (Questionnaires and Surveys))	Our legitimate interests
To determine which communications (including marketing content) might interest you (See Section (Newsletters and Special Offers))	Your consent Our legitimate interests
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 are services are available via our Site or via some other channel (including channels operated by third parties); this includes information in the form of recommendations and endorsements that we might provide (See Section 3.7(Newsletters and Special Offers))	Your consent Our legitimate interests
To verify your identity and to process your request for Services or information form us (See Section 3.9 (Verifying Identity))	Your consent Our legitimate interests
To use the contact information you provide to us at our physical stores during the checkout process for purposes set out in this Privacy Policy and on the sales receipt that you receive at checkout (See Section 3.11 (Provision of Personal Data Offline))	Your consent Performance and management of our agreement with you Our legitimate interests
To track access to and use of our Site, and conduct data and other analyses, including anonymization and aggregation of Personal Data (See Section 4(How We collect Non-Personal Data; Anonymous Information))	Our legitimate interests
To perform internal administration, auditing, operation, and troubleshooting for our Site, including to evaluate and improve our Website and our communications, and to develop and test new services and content (See Section 7(Internal Uses of Information))	Our legitimate interests
To engage in the activities specified in Section 8(How We Share the Collected Information)	Our legitimate interests Compliance with our legal obligations Performance and management of our agreement with you
To comply with applicable law (See Section 8.3(Legal))	Compliance with our legal obligations

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 (i) the Personal Data you have provided with (ii) Anonymous Information and/or (iii) Non-Personal Data. If we combine or link any Anonymous Information or Non-Personal Data with your Personal Data, the resulting combination will be treated and protected as Personal Data under this Privacy Policy.

7. Internal Uses of Information

We may use the Personal Data, Non-Personal Data, and Anonymous Information to perform internal administration, auditing, operation, and troubleshooting for our Site, including to evaluate and improve our Website and our communications, and to develop and test new services and content.

8. How We Share the Collected Information

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

8.1 Bob's Site Vendors

We may employ other companies, including Payment Processing Companies, to perform functions on our behalf, such as hosting or maintaining the Site and/or Services, providing services related to the Site and Services, administering our Goof Proof Protection Plan, collecting information, responding to and sending electronic mail, or other functions necessary to our business. We may need to share your Personal Data with these companies (collectively, "Site Vendors"). We will provide Site Vendors with only that information necessary or desirable to perform their functions, and we will not allow them to use your Personal Data for any other purpose.

8.2 Questions of Harm

We may reveal your Personal Data to attorneys, private investigator organizations, or law enforcement agencies if we believe (i) that you are at risk of harm from another, or (ii) that you are harming or interfering (or will harm or interfere) with others or violating (either intentionally or unintentionally) our Terms and Conditions of Use or otherwise violating legal rights.

8.3 Legal

Bob's will reveal your Personal Data 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 Data, 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 Transfer of Site

Bob's shall be entitled to transfer to a third party information that we collect, including any Personal Data, in connection with a sale of all or substantially all of the assets of the business entity responsible for the information under this Privacy Policy, provided the acquiring third party has agreed to safeguard your Personal Data with protections that in all material respects are the same as or more protective than those set out in this Privacy Policy.

8.5 Our Affiliates

We may choose to rely on and share the information we collect with our affiliates. By "affiliate" we mean an entity that is closely related to us, such as an entity that controls, is controlled by, or is under common control with, Bob's Discount Furniture, LLC. Our affiliates will be bound by the terms of this Privacy Policy.

9. Accuracy and Minimization of Data

We take reasonable steps (i) to maintain the accuracy of the Personal Data we process, and (ii) to limit the Personal Data that we process to that which is reasonably necessary for the purposes for which we obtained the information. We may retain your Personal Data for as long as reasonably necessary to provide services to you, unless you request that we delete the information in accordance with Section 11.3 (Deleting Information).

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 Anonymous Information about your visit to our Site. If an Advertiser requests that you provide Personal Data 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 Data. 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. Changing or Removing Information; Opting Out

11.1 Discretionary Account Information

To allow appropriate control over Personal Data, 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 if you are a Registered User.

11.2 Opt-Out

If we choose to send to you bulletins, updates, or other marketing-related materials, we will provide you with the ability to decline â€“ or "opt out" â€“ 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). Please understand that you will not be allowed to "opt out" of formal notices concerning the operation of the Site, and legal, and other related notices concerning your relationship to the Site.

11.3 Deleting Information

Finally, if you request, we will take reasonable steps to remove your name and all other Personal Data from our databases. Please understand, however, that it may be impossible to remove this information completely due to backups, records of deletions, and other requirements. For example, we may be required to retain your Personal Data for a certain period of time based on the payment method you use to complete a transaction with us. As such, certain Personal Data may remain in our databases following the deletion of your account; we will continue to treat the remaining information (if any) in accordance with this Privacy Policy and applicable law. In addition, please understand that, if you request the deletion of your information, you will be unable to utilize associated features of the Website and any associated Services. You may not remove de-identified, anonymous, or aggregate data from our databases.

11.4 Objections

If you object to our processing of your Personal Data, and our response to your objection is not sufficient in your view, then please contact us as provided in Section 21 (Contact Us).

11.5 Third Party Personal Data

To the extent that you provide Bob's with Personal Data of third parties, you represent and warrant that you have permission from such third parties to provide us with their Personal Data so that we may provide our Website and our Services.

12. Security

We have put in place security systems designed to prevent unauthorized access to or disclosure of Personal Data that you provide to us, and we take all reasonable steps to secure and safeguard this information. Our Site's password-protected portions require users to give us unique identifiers such as their email username and password. Bob's employees are required to acknowledge that they understand and will abide by our policies with respect to the confidentiality of Personal Data. Additionally, we ensure that Bob's Affiliates and Site Vendors' security policies are at least as protective of your information as our Privacy Policy. Moreover, we provide access to our databases containing Personal Data on a need-to-know basis only. Our security systems are therefore structured to deter and prevent hackers and others from accessing information that you provide to us. We also use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Please understand, though, that this information should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof, the security of information provided by or submitted to Bob's. Due to the nature of Internet communications and evolving technologies, 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 or use of Personal Data (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

Under U.S. Federal Law (as reflected in the Children's Online Privacy Protection Act), WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW 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. Please understand that we cannot necessarily tell if a user is providing us with her or his true age.

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 Data 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 Data to third parties for their direct marketing purposes.

16. Complaints

We want your feedback. If you have a suggestions on how we can improve our Services or complaints you would like us to address, please contact us at the address set out in Section 21 (Contact Us). 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 change 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 changed.

18. Our Affiliates

We may choose to rely on, and share information with, divisions within our company or other companies closely related to us â€“ our "Affiliates" â€“ for certain purposes under this Privacy Policy. By "Affiliate," we mean an entity that controls, is controlled by, or is under common control with Bob's. You agree that Bob's Affiliates will be entitled to enjoy our rights under this Privacy Policy and, in exchange, we agree to be responsible for our Affiliate's failure to comply with this Privacy Policy. In any event, we ensure that our Affiliates agree to protect Personal Data in a manner no less protective of your interests than the protections set out in this Privacy Policy.

19. Relationship to Terms and Conditions of Use

This Privacy Policy must be read in conjunction with our Terms and Conditions of Use, and the provisions of our Terms and Conditions of Use are incorporated herein. If Terms and Conditions of Use conflict with the terms of this Privacy Policy, then the terms of 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, then the terms of this Privacy Policy will control with respect to your use of this Website.

20. Further Resources

If you wish further information concerning privacy policies in general, you should visit the following site: http://www.ftc.gov/privacy/index.html.

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 our Contact Us page.

22. Do No Track Notice

Our Website does not change its behavior when receiving "Do Not Track" signals from browser software.

23. Effective Date

The effective date of this Privacy Policy is September 13, 2018.

24. COPYRIGHT AND LEGAL NOTICE

Terms of Use

Updated: 01/9/2015

Our Website (available at www.mybobs.com) (the "Website", or "Site") is provided to you by Bob's Discount Furniture, LLC ("My 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 information you provide to us through the Site and our Terms govern your use of our Site and participation in our Website Services. Our Terms and Privacy Policy 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 My 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 My 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, you acknowledge and agree to be legally bound by these Terms. In addition, for certain activities on the Site that require you to be a Registered User, we may further confirm your consent by asking you to click an "I accept" button. If you do not agree with these Terms, please refrain from using our Site.

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. We also recommend that you notify us immediately if you suspect that someone is using your username and password in this manner.

3. Scope of Terms of Use. We provide a variety of products and services that are not available through our Website. Except as set out in Section 4 (Provision of Personally Identifiable Information Offline) of our Privacy Policy, these Terms of Use only apply to your use of our Website, and not to products or services that you obtain from us through other means. Please contact us as set out in Section 23 (Contact Us) if you have any questions.

4. Grant of Rights to Users. Based on your agreement to comply with these Terms, we grant you the right to 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 My Bob's and the products and services that we offer; (ii) provide information to us through our Website; (iii) purchase My Bob's products; (iv) download and print pages from our Website onto one (1) computer hard drive; and (v) access other information that we make available through our Website (collectively, the "General Permitted Purposes"). You acknowledge and 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.

5. My 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, or is used under principles of fair use. My Bob's retains all rights with respect to the Website, Website Content and Website Services except those expressly granted to you in Section 4 (Grant of Rights to Users). The term "Website Content" expressly excludes Submitted Content.

6. Submitted Content. The term "Submitted Content" means information that you submit to our Site including, but not limited to: (i) feedback, comments and suggestions you provide to us through the Site; (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. The term "Submitted Content" expressly excludes Personally Identifiable Information, as set out in our Privacy Policy, except where you include Personal information within material you submit for posting (or otherwise post directly) on the Website.

6.1 Grant of Rights in Submitted Content. By providing Submitted Content, you authorize us to copy, modify, display, distribute, perform, use and otherwise exploit the Submitted Content in any manner, 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.

6.2 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.

6.3 Submitted Content Containing Personally Identifiable Information. If you provide Submitted Content to the Website, by way of e-mail or otherwise, we will treat such Submitted Content as non-confidential and non-proprietary to you. Submitted Content that you provide to us for posting on the Website or post directly on our Site may, once posted, be publicly available to anyone accessing our Website. 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 Personally Identifiable Information that is included in Submitted Content that you intend to have posted on our Site will be treated as public Submitted Content and is expressly excluded from the definition of "Personally Identifiable Information." For example, you may include your name, mailing address, and email address in a product review. This information will be publicly available, and will no longer qualify as Personally Identifiable Information. As such, please use discretion when including Personally Identifiable Information and other details in Submitted Content that you provide to us.

6.4 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.

6.5. #mybobsfurniture Usage: BY USING #mybobsfurniture, EACH USER AGREES TO PROVIDE BOBS DISCOUNT FURNITURE WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSORâ€™S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS. BY WAY OF CLARIFICATION, AND NOT LIMITATION, YOU ACKNOWLEDGE THAT YOU ARE NOT ENTITLED TO ANY COMPENSATION IN CONNECTION WITH OUR USE OF ANY UPLOADED IMAGE(S) THAT YOU PROVIDE.

7. 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:

â€¢ Upload, email or otherwise transmit any image or other content that is unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography or is otherwise objectionable.
â€¢ Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, Personally Identifiable Information or other materials that reveal personal, private or sensitive information about another person, without that person's consent.
â€¢ Submit material that is intentionally false, defamatory, unlawfully threatening or unlawfully harassing.
â€¢ Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Electronic materials â€“ such as music, videos, images and text in electronic form â€“ 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.
â€¢ Transmit materials that contain any 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 Personally Identifiable Information.
â€¢ Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
â€¢ 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."
â€¢ Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.
â€¢ 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.
â€¢ 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.

8. 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.

9. 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 My 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.

10. Website Terms of Purchase. Any purchases you make through our Website are governed by our Cancellations / Refunds Policy, which can be found at http://www.mybobs.com/cancellations-refunds.

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

12. 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; and (iv) keep track of your orders (collectively, "Website Services"). This Section 12 (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, MY 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.

13. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL MY 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 MY 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 MY BOB'S EXCEED U.S. $250.00.

14. Indemnity. You agree to defend, indemnify and hold My 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.

15. 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. Â§ 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.

16. 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.

17. 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.

18. 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.

19. Definitions.

19.1 Personally Identifiable Information. The term "Personally Identifiable Information" has the meaning set out in our Privacy Policy.

19.2 Submitted Content. The term "Submitted Content" has the meaning set out in Section 6 (Submitted Content) of these Terms of Use.

19.3 Website Content. The term "Website Content" has the meaning set out in Section 5 (My Bob's Ownership; Reservation of Rights).

19.4 Website Services. The term "Website Services" has the meaning set out in Section 12 (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.

20. General. These Terms shall be governed in all respects by the laws of the State of Connecticut, 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 Fairfield, Connecticut. 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.

21. 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.

22. 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.

23. Survival. The following provisions shall survive the termination of these Terms and shall apply indefinitely: (i) Section 5 (My Bob's Ownership; Reservation of Rights); (ii) Section 6 (Submitted Content); (iii) Section 9 (Disclaimer of Endorsements; Information Accuracy); (iv) Section 10 (Warranty Disclaimer); (v) Section 12 (Limitation of Liability); (vi) Section 13 (Indemnity); (vii) Section 19 (General); and (viii) Section 22 (Survival).

24. Contact Us. We welcome your feedback or suggestions. Please contact us here: /contact-us. Please refer to Section 15 (Contact for Alleged Copyright Infringement) above if you wish to contact our DMCA agent about matters related to possible copyright infringement.

25. 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.

26. Effective Date. Effective Date: July 20, 2015.

27. COPYRIGHT AND LEGAL NOTICE. Copyright Â©2015 Bob's Discount Furniture LLC. All Rights Reserved.

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