Delivery

SHIPPING AND DELIVERY; CANCELLATION; RETURN POLICY

Risk of loss passes to you on our delivery to the carrier.

All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

We disclaim any legal liability for the products and services offered on the Site.

WE MAKE NO REPRESENTATIONS AND PROVIDE NO WARRANTIES ABOUT THE PRODUCTS AND SERVICES ON THE SITE. Please read the disclaimers and limitations of liability included in our Terms of Use for more information. Products on the Site may have the benefit of a manufacturer’s warranty provided by the product manufacturer. Please see your product box and literature for details.

You are responsible for what you submit.

We welcome your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site (“User Content”) as long as the User Content submitted by you complies with these Terms of Use.

You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and we assume no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.

For any User Content you submit, you grant to us a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. In addition, you grant to us the right to include the name provided along with the User Content submitted by you. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. We neither endorse nor are responsible for any opinion, advice, information, or statements made by third parties. We will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect our opinions.

Special offers may be for a limited time.

Occasionally we will offer special promotions to our customers that we refer to as “special offers” or “special offer”. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.

Promotions may have separate rules.

Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.

These general terms apply to these Terms of Use.

You are responsible for all charges and necessary permissions related to accessing the Site through your mobile access provider.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render these Terms of Use enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms of Use will not be affected in any way.

You agree that these Terms of Use constitutes the entire, complete and exclusive agreement between you and us regarding the Site and the services offered on it and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms of Use.

Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

If you have questions or comments about these Terms of Use, please contact usCustomercare@megafurnitureusa.com or contact us 602-688-8900.

Privacy

This Privacy Policy of Mega Furniture, doing business as Megafurnituretx.com describes the types of information we may collect when you visit our website Megafurnituretx.com and its mobile applications (collectively the “Sites”). We understand how important it is to keep your personal information confidential. We value the information you provide us and want you to be confident that we are committed to protecting your privacy. Our commitment to protecting your privacy is outlined in the policies below.

This Privacy Policy addresses the nature, purpose, use, and sharing of any information collected via our Sites. The information you provide on our Sites will be used only as outlined in this Privacy Policy. Except as outlined herein, the submission and collection of personally identifiable information (defined below) is strictly voluntary. By using or visiting any Site, you acknowledge your agreement with this Privacy Policy and the Terms of Use related to that site or application. If you do not want to grant permission to use your information as outlined in this Privacy Policy, please do not provide it and elect not to visit our Sites. However, not providing certain information may result in our inability to provide you with the information or services you desire.

The two types of information we collect are personally identifiable information and website use information.

Website use information is anonymous information that cannot be used to identify you. We use this information to track navigation through our Sites, which pages are viewed most often, what other websites are visited and similar data. We also use the information to develop and deliver marketing strategy, to notify you of ads, promotions and to offer products and services to you.

Personally identifiable information is sensitive information that can be used to identify you. Personally identifiable information includes, among other information, your full name, e-mail address, physical mailing address, and telephone number. Some of the features on our online Sites require that you provide us information about yourself such as when you elect to purchase a product from us, register as a member for an account or choose to fill out a form on our online Sites. You can review and update any personally identifiable information you have voluntarily elected to provide to us prior to submitting the information.

We will never request your password, user name, or other personally identifiable information through e-mail. This practice, called “phishing,” is oftentimes a scam designed to steal your personal information. If you receive an e-mail message that looks like it is from us asking for your personal information, please do not respond.

Use of Personally Identifiable Information You Choose to Provide

If you choose to provide us with personally identifiable information, we will use that information to enhance your experience in the following ways:

• Complete your request to sign up to receive information via e-mail on any of our online Sites.
• Complete your request to register as a member of our online Site you select.
• Complete your request to register to use any of our online tools you select at our online Site.
• Customize your shopping experience.
• Providing us with your personally identifiable information, it allows Mega Furniture notify you of advertisements and promotions related to Mega Furniture retail furniture store using the Internet, e-mail and mail sent via the U.S. Post Office.
• Communicate great values and featured items to you.
• Comply with valid legal procedures, requirements, regulations, and statutes.
• Share your personally identifiable information with third party vendors but only to the extent required to help us perform any of the aforementioned functions.

Our online Sites are general audience sites. We do not permit anyone who tells us they are under the age of 18 to register online with us. We also do not collect information from anyone that tells us they are under the age of 18. Children under the age of 18 should always ask their parents or guardians for permission before providing any contact information to anyone online. We urge parents and guardians to participate in their children’s online activities and use parental controls or other web filtering technology to supervise children’s access to the Internet.

Automatically Collected Information

We save information based on your interaction with our online Sites. This allows us to process your inquiries more efficiently, notify you of advertisements, promotions and to offer products and services to you and ultimately, provide you with enhanced customer service. This information includes, but is not limited to, your Internet Protocol address (the address automatically assigned to your computer every time you establish a connection to the Internet), the name of any referring websites, as well as your navigation and activity on our websites. By tracking this type of information, we may be able to modify our content and product displays to enhance your experience while visiting our online Sites.

This information is only used to help us make our Sites more useful to you and to notify you of ads, promotions and to offer products and services to you. Except for authorized law enforcement investigations, no attempts are made to identify individual users or their usage habits. Raw data logs are retained temporarily as required for security and site management purposes only.

Information Collected for Tracking Purposes (Cookies)

Like many websites, our Sites do not currently respond to “do not track signals” or other mechanisms that consumers may utilize on their web browsing device to limit the collection of certain information about a consumer’s activities over time and across various websites or online services. As with most websites, we use “cookies” to obtain information when your web browser accesses our online Site. “Cookies” are small amounts of data that are stored on your computer and find their way to your browser via a web server. They flag information about your activity on our online Sites. This information helps us to improve our Sites and to make them friendlier and easier to use. We are then able to “recognize” you and personalize your experience with our Sites. You may “turn off” cookies by following steps outlined in the “Help” portion of the toolbar on most browsers; however, cookies allow you to take advantage of some of our Sites’ best features, so we recommend that you leave them turned on.

We may use trusted third party service providers to serve advertisements on our behalf using the Internet. This form of marketing, called “retargeting,” enhances the web surfing experience and allows us to better notify you of our advertisements and promotions, and offer products and services to you. These companies may use technologies to measure the effectiveness of advertisements and use information about your visits to our online Sites and other websites so that we can provide a better experience for you. The third party service providers may collect anonymous information about your visits to our online Sites and your interaction with our online Sites. This anonymous information is collected through the use of a pixel tag and/or cookie. No personally identifiable information is collected or used in this process. Our third party service providers do not learn the name, telephone number, postal address, e-mail address, or any other personally identifiable information about you in connection with the aforementioned retargeting process.

We may share aggregated general information collected by our Sites with our subsidiaries, affiliates, sister or parent corporations independently owned and operated Mega Furniture retail furniture stores or with our third party service providers. Aggregated data does not contain any personally identifiable information that could be used to contact or identify you. We only share personally identifiable information in one or more of the following limited circumstances:

• We have your consent.
• We may provide such information to respected third party service providers to the extent necessary for them to assist and support us as we attempt to better provide enhanced products and services to you and to complete your requests to receive information from us via email, use our online tools or register as a member on any of our online Sites. When this is done, it is subject to agreements or other specific direction given to the service provider that requires them to process such information only in accordance with our instructions, in compliance with this Privacy Policy, and with appropriate confidentiality and security measures in place. We have no control over, and bear no responsibility for the privacy policies and/or content of any websites or advertisers linked to or on any of our Sites or cookies these websites may deposit on your computer.
• We may provide such information to our subsidiaries, affiliates, sister or parent corporations or with independently owned and operated Mega Furniture retail furniture stores who may use this information to notify you of advertisement, promotions and to offer products and services to you using the Internet, e-mail and mail sent via the U.S. Post Office.
• When required by law or where we have a good faith belief that such action is necessary to comply with a current judicial proceeding, a criminal investigation, a court order, or legal process served on our company in direct relation to you. We may also share your personally identifiable information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Use of our Sites and services, or as otherwise required by law.
• If you have established an account with us, we may share the information submitted under your account among any or all of our subsidiaries, affiliates, sister or parent corporations, independently owned and operated Mega Furniture retail furniture stores or with our trusted third party service providers working on our behalf in order to provide you with a seamless experience and to improve the quality of our services. We will not disclose your account information to other people or non-affiliated companies, except in limited circumstances described in this Privacy Policy or with your consent.
• In the event that another company acquires all or substantially all of the assets related to our business, we reserve the right to include any or all stored personally identifiable information among the assets transferred to the acquiring company.
• We may store and process personally identifiable information collected on our Site in the United States or any other country in which we maintain facilities. By using our Sites and services, you consent to the transfer of your information among these facilities, including those located outside your country.

We currently DO NOT share your personally identifiable information with any other companies or organizations that would present you with offers or promotions that are not directly related to Ashley or our subsidiary, affiliate, sister or parent companies, or one of the independently owned and operated Mega Furniture retail furniture stores.

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of the data you provide to us. Our servers are protected by firewalls and are physically located in secure data facilities to further increase security. While no computer or facility is 100% safe from outside attacks, we believe that the steps we have taken to protect your personally identifiable information dramatically reduce the likelihood of security problems to a level appropriate for the type of data involved.

At any time you may opt-out of our services. You are free to delete all cookies on your browser, or have your browser notify you when a cookie is set—simply check your browser settings. By deleting your cookies you will disable our ability, or that of our third party partners, to deliver advertisements that are targeted to your interests. You will have to clear your cookies each time you visit our online Sites to ensure that you are not receiving retargeted advertisements.

You may also receive e-mail messages from us. If you no longer wish to receive these communications, let us know by following the opt-out directions on any of the e-mail messages you have received from us. Please note that if you wish to opt-out of receiving e-mails from independently owned and operated Mega Furniture retail furniture stores you will need to contact them directly to communicate your contact preferences.

This Privacy Policy or any claim, cause of action or dispute (“claim”) arising out of or related to this Privacy Policy shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Wisconsin, notwithstanding of any conflicts of law principles. Additionally, you agree that all claims must be resolved exclusively by a state or federal court located in the State of Wisconsin, except as described in the immediately following paragraphs regarding arbitration.

As we continue to improve the services, products, and features we provide, this Privacy Policy is subject to change. This Privacy Policy is subject to change without direct notice to you. We may change our Privacy Policy at any time by posting a new version of it on our online Sites. Therefore you should review this Privacy Policy each time you visit our Sites. The dates provided below will inform you as to when the most recent material updates to this Privacy Policy occurred and the date on which the updated Privacy Policy became effective.