Welcome to Raymour & Flanigan’s store texting program. This program is governed by the following terms:
Store Text Alert Terms
By signing up for Raymour & Flanigan Furniture's store texting program (the "Program"), you agree to these terms and conditions ("Program Terms") and our general Terms of Use (which include mandatory arbitration of disputes and class action waiver, limitations on your rights and remedies and of our liability), consent to our practices described herein and in our Privacy Policy and authorize Raymour& Flanigan Furniture (“Company” “us” “we” or “us”) to deliver text messages to the phone number you provide us (e.g., registered or used to opt-in text message), including promotional and/or information messages via an autodialer (i.e., automated dialing technology), all consistent with your subscriptions. These Program Terms may be supplemented by additional terms provided at the time you subscribe to a particular Program. You are not required to accept the Program Terms as a condition of purchasing any property, goods or services and no purchase is necessary to subscribe to the Program. You consent to receiving multiple and ongoing Raymour & Flanigan text alerts of varying frequency, the content of which may include, but is not limited to, sale alerts, discounts, and special offers. Your subscriptions auto-renew each month until you unsubscribe (i.e., opt-out), unless otherwise noted. You consent to receive a text message confirming that you have unsubscribed if you opt-out, as well as other non-promotional text messages (such as when you text the provided number to join or any unrecognized message and when we send you administrative messages). Further, you consent to receive electronic records by subscribing to the Program, and in order to withdraw your consent, you should follow the unsubscribe process outlined below at any time. If you unsubscribe, you will be removed from the Program but not from any other program you are currently enrolled in, unless you specifically unsubscribe from such other Program. Your consent to receive electronic records only applies to this Program. In order to update your contact information, follow the instructions below. You may obtain paper copies of electronic records by contacting us at rfcare@raymourflanigan.com or 1-888-RAYMOUR (1-888-729-6687). Phones must be able to receive text messages in order to receive electronic records.
The Program may not be available in all areas. You understand that message and data rates may apply, and your carrier may charge you or deduct usage credit from your account when you text us or we text you and you consent to that. The Program may not be supported by all carriers and all devices. Carrier availability is subject to change, and Raymour & Flanigan is not liable for future inaccuracies in the preceding list of carriers available. Carriers are not liable for delayed or undelivered messages. You represent and warrant that you are the age of majority where you reside (18 in most states) and are a U.S. resident using a U.S. phone number and/or email address to subscribe.
How to Opt-In
You can opt-in to Program, which may include autodial technology, by (i) texting SOFA to the ten-digit phone number provided to you by your home furnishing consultant or store leader and confirming when you get a text confirmation request or (ii) following the link that is connected to the QR code provided to you in store and confirming your desire to opt-in on the form provided at such link. You can also opt-in to our Program and other promotional phone calls and/or texts by completing any other process we provide. We may also, separate from promotional Program, offer you the opportunity to receive non-promotional informational text messages and phone calls, such as regarding furniture delivery timing, information related to your account, transactions, servicing, or Company’s ongoing business relations, which may include autodial and/or pre-recorded technology. Any information collected is subject to our Privacy Policy.
How to Opt-Out
You can unsubscribe from a particular text Program by texting “STOP” to the Program’s ten-digit phone number you receive messages from or as a reply to a Program text you receive. You can also unsubscribe from one or more text Programs by calling us at 1-888-RAYMOUR (1-888-729-6687). If you opt-out, you will be removed from the Program but not from any other program you are currently enrolled in, unless you specifically unsubscribe from such other Program.
You must unsubscribe separately for each of text message Program offered by us; however, we may offer you tools to manage all at once as noted in the next section below. Opting out of promotional communications will not terminate your consent to receive other kinds of alerts, such as if you have requested furniture delivery timing text or call alerts, and as permitted by applicable law we reserve the right to contact you regarding transactional matters (e.g., your order, customer service requests, etc.) after you have unsubscribed from one or more Program. In addition, if you subscribe to a Program after having provided a prior opt-out instruction, that new opt-in will override the prior opt-out.
Updating Your Information and Changing Preferences
You agree to promptly notify us if your phone number and/or email changes, or you do not continue to own and control the device assigned by your carrier to the number you provided us, by calling us at 1-888-RAYMOUR (1-888-729-6687) or email at rfcare@raymourflanigan.com to change your Programs subscription information.
Terms of Use
Introduction
Please read these Terms carefully before using any of our online services (including, without limitation, our website, any online services, software, or mobile apps) provided by Raymour & Flanigan Furniture | Mattresses ("Company", "we", or "us" or "our") that post a link to these Terms, or making any purchase by telephone (collectively, the "Service"). By visiting or otherwise using the Service in any manner, you agree to the then posted Terms and any applicable Additional Terms (defined below), to be bound by them, and that you have read and understood them. You also acknowledge, agree and consent to our data practices as described in our Privacy Policy.
These Terms affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, limit the Company's liability to you and require you to indemnify us and to settle certain disputes through individual arbitration. If you do not wish to be bound by these Terms and any Additional Terms, do not use the Service and uninstall Service downloads and applications.
Additional Terms
In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively "Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Updates to these Terms and Additional Terms
We may prospectively change these Terms and Additional Terms by posting new or changed terms on the Service as more fully explained here.
Quick Links
We have summarized some (but not all) of the main topics of these Terms below. The complete provisions are fully set forth in the links that follow each summary, and those complete provisions, and not the headings or summaries, govern.
Grants and Limitations of Rights
- We only grant you a limited revocable license to use the Service subject to rules and limitations. Read More.
- You grant us a broad license to the content you submit and to your profile. You retain ownership of and responsibility for your content. We have the right to manage our Service to keep its content appropriate. Read More.
- Your use of our Service is subject to various restrictions designed to protect the Service and users. Read More.
Limitations on Your Remedies
As permitted by applicable law,
- We also disclaim most warranties and provide the Service "As Is". Read More.
- Our liability is greatly limited. Read More.
Dispute Resolution
- You agree to a dispute resolution process with us that requires you to send us a claim notice, allows us to seek a conference with you, and limits your formal procedures against us to either small claims court or arbitration, in all cases waiving your right to assert claims by way of a class or collective action. Read More.
Availability of Service
- We may change or discontinue our Service, or your right to access it, in whole or in part. Read More. Our Service is intended for access from and use in the U.S.A. Read More.
1. OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND CONTENT.
A. Ownership
The Service and all of its content ("Content"), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein ("Intellectual Property"), are owned or controlled by the Company, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of the Company, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. The Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
B. Your Rights to Use the Service and Content.
i. Your right to use the Service and Content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign or transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the "Company Licensed Elements"):
- Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device ("Device") and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
- Subject to any applicable Additional Terms, if the Service includes a "Send to Friend," social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post our content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights, and only send to recipients you have previously received permission to contact;
- If the Service includes a "Download" link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;
- Download, install and use one copy of any software, including apps, that we make available on or through the Service ("Software") on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, the Company does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be the Company and/or its third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software, except as expressly authorized in these Terms or applicable Additional Terms, without the prior written consent of the Company; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
- If made available to you, obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith;
- Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Company names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with the Company or cause any other confusion, and (c) the links and the content on your website do not portray the Company or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to the Company. The Company reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party; and
- Use any other functionality expressly provided by the Company on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or post User-Generated Content (as defined below) and any applicable Additional Terms.
C. Rights of Others.
In using the Service, you must respect the intellectual property and rights of others and the Company. Your unauthorized use of Content may violate the rights of others and applicable laws, and may result in your civil and criminal liability. If you believe that your work has been infringed via the Service, see Section 5 below.
D. Reservation of all Rights Not Granted as to Content and Service.
These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and Content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY THE COMPANY AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Service for any purpose is prohibited.
E. Third-Party Services.
We are not responsible for third parties or their content, advertisement(s), apps or sites. For instance, portions of the Service may be integrated into or linked to third-party sites, platforms and apps that we do not control. Similarly, we may make ads and third-party content or services, which we also may not control, available to you on or via our Service. This may include the ability to register or sign in to our Services using Facebook Connect or other third-party tools, and to post content on third-party sites and services using their plug-ins made available on our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for third-party services. If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services.
2. CONTENT YOU SUBMIT AND COMMUNITY USAGE RULES.
A. User- Generated Content.
- General. The Company may now, or in the future, offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Company Licensed Elements included therein, "User-Generated Content" or "UGC"). You may submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation and posting tools, gameplay, social communities, contact us tools, email, and other communications functionality. Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.
- Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Service's posted Privacy Policy, or any applicable Additional Terms, you agree that (a) your UGC will be treated as non- confidential and non-proprietary by us – regardless of whether you mark them "confidential," "proprietary," or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, the Company does not assume any obligation of any kind to you or any third-party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; according, you acknowledge and agree that your UGC is submitted at your own risk
In your communications with the Company, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, the Company retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. The Company's receipt of your Unsolicited Ideas and Materials is not an admission by the Company of their novelty, priority, or originality, and it does not impair the Company's right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
- License to Company of Your UGC. Except as otherwise described in any applicable Additional Terms (such as a promotion's official rules), which specifically govern the submission of your UGC, or in our Privacy Policy, you hereby grant the Company, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, marketing, and selling products and/or services for the Company's pecuniary benefit. You understand that in exercising such rights, metadata, notices, and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to the Company to your UGC, you also, as permitted by applicable law, hereby grant to the Company, and agree to grant to the Company, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 2.A(iii).
- Company's Exclusive Right to Manage Our Service. The Company may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and the Company may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third-party in connection with our operation of UGC venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, ascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such UGC submitted by you or others need not be maintained on the Service by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display as provided for in the Privacy Policy.
- Representations and Warranties Related to Your UGC. Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC and grant the Company the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Company obligation to obtain consent of any third-party and without creating any obligation or liability of the Company; (b) the UGC is accurate; (c) the UGC does not and, as to the Company's permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third-party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.
- Enforcement. The Company has no obligation to monitor or enforce your intellectual property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at the Company's cost and expense, to which you hereby consent and irrevocably appoint the Company as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
B. Community Usage Rules.
As a user of the Service, these Community Usage Rules ("Rules") are here to help you understand the conduct that is expected of members of the Service's online communities ("Communities").
i. Nature of Rules. Your participation in the Communities is subject to all of the Terms, including these Rules:
- Your UGC. All of your UGC either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any applicable Additional Terms. Your UGC should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any UGC that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your UGC or has any rights to your UGC, or if anyone appears or is referred to in the UGC, then you must also have their permission to submit such UGC to Company. (For example, if someone has taken a picture of you and your friend, and you submit that photo to the Company as your UGC, then you must obtain your friend's and the photographer's permission to do so.)
- Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Service, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.
- Act Appropriately. All of your Service activities must be venue appropriate, as determined by us. Be respectful of others' opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your UGC might offend someone or be embarrassing to someone, then chances are it probably will and it doesn't belong on the Service. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your UGC must not threaten, abuse, or harm others, and it must not include any negative comments based upon race, age, national origin, gender, sexual orientation, religion, disability, or any other status protected under applicable state or federal law. Your UGC must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit. Your UGC must not exploit children under the age of 18.
- Do Not Use for Commercial or Political Purposes. Your UGC must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law.
- Do Not Use to Solicit or Send Unwanted Communications. Do not harvest or collect email addresses or other contact information of others from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Do not solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes. This also includes not uploading, posting, transmitting, sharing or otherwise making available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- Do Not Use for Inappropriate Purposes. Your UGC must not promote any infringing, illegal, or other similarly inappropriate activity.
- Be Honest and Do Not Misrepresent Yourself or Your UGC. Do not impersonate any other person, user, or company, and do not submit UGC that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company. In the event you receive anything in consideration from us with respect to your UGC (e.g., coupons, sweepstakes entries, etc.) you represent you will include disclosure of the receipt of this consideration clearly and conspicuously as part of the UGC and include any other disclosures we may require.
- Others Can See. We hope that you will use the Communities to exchange information and content and have venue appropriate discussions with other members. However, please remember that the Communities are public or semi-public and UGC that you submit on the Service within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, email address, social security number, or other personally identifiable information or contact information) on Community spaces and take care when otherwise disclosing this type of information to others.
- Don't Share Other People's Personal Information. Your UGC should not reveal another person's address, phone number, email address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by the Company (e.g., an email address to send an email invite to a friend).
- Don't Damage the Service or Anyone's Computers or Other Devices. Your UGC must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any computer or other Device.
If you submit UGC that the Company reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by applicable law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the UGC in question being removed from the Service.
ii. Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
C. Appropriate Content and Alerting Us of Violations.
We expect UGC to be appropriate for a general audience, but do not undertake to monitor it, and you consent to potentially encountering content you find offensive or inappropriate. We may include venue and content rules as Additional Terms. If you discover any content that violates these Terms or any applicable Additional Terms, then you may report it here. For alleged infringements of intellectual property rights, see Section 5.
3. SERVICE AND CONTENT USE RESTRICTIONS.
A. Service Use Restrictions.
You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other "hidden text" utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to the Company; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user's access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, the Company, or other users of the Service; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.
B. Content Use Restrictions.
You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all Trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted use of the Company Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an authorized officer of the Company or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the service.
C. Availability of Service and Content.
The Company, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or Content (and any elements and features of them), in whole or in part, for any reason, in the Company's sole discretion, and without advance notice or liability.
4. CREATING AN ACCOUNT
A. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Usernames and passwords must be personal and unique, not violate the rights of any person or entity, and not be offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us here of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorizeduse thereafter. You will not sell, transfer, or assign your account or any account rights.
B. Accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is at least the age of majority where they reside. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.
5. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT.
If you are a copyright owner and believe infringing use of your content is on our Service, or you are a User that has received notice that you have posted allegedly copyright infringing content on our Service, click here for more information.
A. DMCA Notice.
The Company asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In the Company's sole discretion, the Company may remove content that may be infringing on another person's intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act ("DMCA") and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.
B. If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
- a legend or subject line that says: "DMCA Copyright Infringement Notice";
- a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Service on which the material appears);
- your full name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
- your electronic or physical signature.
The Company will only respond to DMCA Notices that it receives by mail, email, or facsimile at the addresses below:
By Mail:
Legal Department, Attention: Infringement Claims
7248 Morgan Road
Liverpool, NY 13088
By Email:
privacy@raymourflanigan.com
By Facsimile:
(315) 461-3673
For more information call:
(315) 461-3600
It is often difficult to determine if your copyright has been infringed. The Company may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and the Company may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting the Company's other rights, the Company may, in appropriate circumstances, terminate a repeat infringer's access to the Service and any other website owned or operated by the Company.
C. Counter-Notification.
If access on the Service to a work that you submitted to the Company is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter- Notification should contain the following information:
- a legend or subject line that says: "DMCA Counter-Notification";
- a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Service from which the material was removed or access to it disabled);
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your full name, address, telephone number, email address, and the username of your Account;
- a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Northern District of New York), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
- your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter- Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
6. NOTICES, QUESTIONS AND CUSTOMER SERVICE.
You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to: Legal Department, Attention: Infringement Claims, 7248 Morgan Road, Liverpool, New York 13088. If you have a question regarding the Service, you may contact the Company Customer Support by sending an email here or calling us at (315) 461-3600. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.
UPDATED Privacy Policy
To download and/or print this Privacy Policy ("Privacy Policy"), click here.
Privacy Policy Summary
Welcome! A summary of Raymour & Flanigan Furniture | Mattresses Privacy Policy is provided below. To see the full details of this Policy, click here to see the full details of this Policy. To see a particular topic, click on the topic links embedded below, or click here to be directed to a list of available topics to be directed to a list of available topics. This Privacy Policy applies to your use of, or interaction with, any of Raymour & Flanigan Furniture | Mattresses “Services” (as defined below), regardless of how you access or use such Services. Click here to view our Terms of Use, which also apply to your use of online services to view our Terms of Use, which applies to your use of the portion of the Services on any website, online, software, or mobile applications (“Online Services”).
Your Choices and Privacy Rights
You have certain choices regarding information collection and communication options explained here, including:
- Your options regarding accessing and changing certain of your Personal Information are available here;
- Your options regarding promotional communications are explained here;
- Although the Company does not look for or respond to "do not track" signals, you can find you can find information on tracking technologies here and certain choice options regarding Tracking Technologies here;
- California residents have certain privacy rights detailed here;
- Children's and minors' privacy rights, and notice to parents of these rights, are explained here
Collection of Information
- The Company may ask you to provide Personal Information (e.g., name, address, e-mail, phone number, etc.), as well as other information (e.g., resume, gender, interests, etc.), which may be required to provide you with certain services or access certain content, features, and functionality. Read More
- The Company and third-parties may collect information from you automatically as you utilize or interact with the Services (e.g., information about the devices you use to access the Services, your usage activities, or your physical presence within our stores). We may connect information collected automatically with information we already have about you in order to identify you as a Raymour & Flanigan guest. If we are able to identify you as a Raymour & Flanigan guest, we may, for example, link your activity on our website to your activity in a Raymour & Flanigan store or on one of our mobile applications. This allows us to provide you with a personalized experience regardless of how you interact with us – online, in store, mobile, etc. In order to provide the best guest experience possible, we also use automated information collection technologies for reporting and analysis purposes. We examine metrics such as how you are shopping on our website, in our stores, and on our mobile applications, the performance of our marketing efforts, and your response to those marketing efforts. Read More
- Collection of information may include use of cookies and other technologies to keep track of your interactions with our Online Services, and to serve you with content or ads on third-party platforms, in order to offer you a more personalized and relevant experience. Read More
- We collect information including the phone number and/or email address you provide when signing up to receive automated communications via email and/or text message (collectively “Messaging Service”), as well as your messaging history and any information included in those messages. We may also collect information about you using cookies or similar technologies. Cookies enable personalization of your experience on the Messaging Service. For example, we use cookies to track the items in your Shopping Cart and may use that information to send you triggered text campaigns. View more information on text alerts here
- We also allow third-party companies (e.g., Google) to place tags on our digital properties once approved through our tagging process. The tags may collect information from your interactions on raymourflanigan.com. Our Privacy Policy does not cover these third-party companies. Please contact these third-party companies (e.g., Google, Facebook, Instagram) directly for more information about their privacy policy and your choices regarding the tags and the information collected by the tags.
- If you use a mobile device, your device may share location information (when you enable location services) with our website, mobile applications, services or our service providers. For example, precise geo-location can be used to help you find nearby Raymour & Flanigan stores.
- We use cameras in and around our stores for operational purposes such as measuring traffic patterns and visitor count. Cameras may also be used for fraud detection, theft prevention and security.
- The Company's policies and practices regarding Personal Information collected from children are explained here
Use of Information
The information the Company collects is used for a variety of purposes as detailed in this Privacy Policy. For example, your information helps the Company provide and improve the Services, communicate with you, purchase product or place on lay-a-way for a later date, serve advertising and offers to you, prevent fraudulent transactions, monitor against theft and otherwise protect our guests, assist law enforcement and respond to legal/regulatory inquiries, and in general operate the Company's business. Read More
Sharing of Information
The Company may share the information it receives from or about you via the Services (or give others access to it), including your Personal Information, for a variety of purposes, as detailed in this Privacy Policy. Read More These include, without limitation:
- To deliver and improve the Company's Services;
- For the marketing and other purposes of Company;
- In connection with corporate transactions (e.g., merger or sale);
- To display your posts or send your messages Read More;
- In connection with your use of third-party services Read More
- In connection with sweepstakes, contests, and promotions (Read More); and
- Assist law enforcement and respond to legal/regulatory inquiries.
The Company obtains your consent (e.g., opt-in), however, before knowingly sharing Personal Information with third-parties for their own direct marketing purposes. Personal information collected via the VIP Alert SMS program will never be shared with third parties for their own direct marketing purposes.
The Company may share your non-Personal Information, aggregate and/or de-identified information about you except as prohibited by applicable law.
Questions and How to Contact the Company
For more information about the Company's privacy practices regarding the Service, read the full Privacy Policy. You can also contact the Company here to contact the Company if you have questions or concerns.
TABLE OF CONTENTS
- Information We Collect
- Information About You That You Provide
- Information Collected Automatically
- Information Company Collects from Other Sources
- How We Use the Information We Obtain
- Information We Share with Third-Parties
- Sweepstakes, Contests, And Promotions
- Information You Disclose Publicly or to Others
- Third-Party Content, Third-Party Services, Social Features, Advertising and Analytics
- Data Security and Monitoring
- International Transfer
- Children's Privacy
- Accessing and Changing Information
- Choices: Tracking and Communications Options
- Online Tracking Technologies Generally
- Online Analytics and Advertising Tracking Technologies
- Mobile Apps
- Communications
- Your California Privacy Rights
- Your Connecticut Privacy Rights
- Changes to this Privacy Policy
- Contact Company
FULL RAYMOUR & FLANIGAN FURNITURE | MATTRESSES PRIVACY POLICY
Thank you for utilizing Raymour & Flanigan services (including, without limitation, our website, mobile applications, or any online interaction, contacting or communicating with any of our departments, visiting one of our stores to make a purchase, participating in one of our Community Events or VIP events, making a payment to us, receiving product delivery to your home or business from us or from an agent of ours, or picking-up merchandise at one of our locations) (collectively, the "Service") owned, operated or performed by or on the behalf of Raymours Furniture Company, Inc., d/b/a Raymour & Flanigan Furniture | Mattresses ("the Company", "we", "us", or "our"). This Privacy Policy applies to your use or interaction with any Service, regardless of how you access or interact with these Services and provides you with information as to how the Company collects, uses, and shares information about you, including the choices the Company offers with respect to that information. For certain Services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you.
By visiting or otherwise using or interacting with the Service, you consent to the Company's data collection, use, and disclosure practices, and other activities as described in this Privacy Policy, and any additional privacy statements that may be posted on an applicable part of the Service. Additionally, by visiting or using the Online Service, you agree to the Online Service's Terms of Use. If you do not agree and consent, please discontinue use of the Service, or uninstall the application.
1. INFORMATION WE COLLECT
A. Information About You that You Provide
The Company, and/or its Service Providers (defined below), may collect information you provide directly to the Company and/or its Service Providers via the Services. For example, the Company collects information when you utilize Online Services or post on the Online Service,, visit a store, subscribe to notifications, participate in promotional activities, or communicate or transact through the Services. In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third-parties. For more information on Third-Party Services' data collection and practices click here. For more information on Service Provider data collection and practices click here.
Information that the Company, its Service Providers and/or Third-Party Services may collect may include: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, e-mail address, mobile and land line phone numbers, mailing and home addresses, IP Address, resume when applying for employment at the Company, and full payment account number and other personal information necessary to fulfill and track your order(s) ("Personal Information"); and (2) demographic information, such as your gender, age, zip code, interests, and recent or upcoming purchases ("Demographic Information"). Except to the extent required by applicable law, Demographic Information is "non-Personal Information" (i.e., data that is not Personal Information under this Privacy Policy). In addition, Personal Information, including, without limitation, Company-Collected PI (defined below), once "de-identified" (i.e., through the removal or modification of the personally identifiable elements, or the extraction of non- personally identifiable elements) is also non-Personal Information and may be used and shared without obligation to you, except as prohibited by applicable law. To the extent any non-Personal Information is combined by or on behalf of the Company with Personal Information the Company itself collects directly from you on the Service ("Company- Collected PI"), the Company will treat the combined data as Company-Collected PI under this Privacy Policy.
B. Information Collected Automatically
The Company, it's Service Providers, and/or Third-Party Services may also automatically collect certain information about you when you access or use the Online Services ("Usage Information"). Usage Information may include, without limitation, payment method, promotion code, Internet service provider, device identifier, browser type, operating system, information about your use of the Services, and data regarding network connected hardware (e.g., computer or mobile device). Except to the extent required by applicable law, or to the extent Usage Information is combined by or on behalf of the Company with Company-Collected PI, the Company does not consider Usage Information (including, without limitation, unique device identifiers) to be Personal Information or Company-Collected PI. For more information on Third-Party Services' data collection and practices click here.For more information on Service Provider data collection and practices click here.For information on choices some of these third-parties may offer you regarding automated data collection click here.
The methods that may be used by the Services to collect Usage Information include:
- Log Information: Log information is data about your use of Online Services, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
- Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as "tracking pixels"), embedded scripts, location-identifying technologies, fingerprinting, device recognition technologies, in-app tracking methods and other tracking technologies now and hereafter developed ("Tracking Technologies") may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior.
- Cameras: We use cameras in and around our stores for operational purposes such as measuring traffic patterns and visitor count. Cameras may also be used for fraud detection, theft prevention and security.
Cookies
A cookie is a small text file that is stored on a user's device, which may be session ID cookies or tracking cookies. Session cookies make it easier for you to navigate the Online Services and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the online Services and enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser's method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and as a result some features, and functionalities of the Online Services may not work. A Flash cookie (or locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device. HTML5 cookies can be programmed through HTML5 local storage. Flash cookies and HTML5 cookies are locally stored on your device other than in the browser and browser settings won't control them. To identify certain types of local shared objects on your device and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. The Online Services may associate some or all of these types of cookies with your devices.
Web Beacons ("Tracking Pixels")
Web beacons are small graphic images, also known as "Internet tags" or "clear gifs," embedded in web pages and e-mail messages. Web beacons may be used, without limitation, to count the number of visitors to the Online Services, to monitor how users navigate the Online Services, and to count content views.
Embedded Scripts
An embedded script is programming code designed to collect information about your interactions with the Online Services. It is temporarily downloaded onto your computer from the Company's web server, or from a third-party with which the Company works and is active only while you are connected to the Online Services and deleted or deactivated thereafter.
Location-identifying Technologies
GPS (global positioning systems) software, geo-filtering and other location-aware technologies locate (sometimes precisely) you, or make assumptions about your location, for purposes such as verifying your location and delivering or restricting content based on your location. If you have enabled GPS or use other location-based features provided by the Online Services, your device location may be tracked. Our store finder feature may access and use information about your device location (such as based on IP address), or your account information, to suggest appropriate store locations. Our Online Services content may be personalized based on various information we may have about you to try to provide you with more location-relevant content. Further, we may use your device location information (including proximity to Tracking Technologies existing in the physical world that the app interacts with, for example iBeacons in a physical location and wi-fi and Bluetooth services) such as to display nearby businesses and offers, or to enable or verify certain actions or Services availability.
Fingerprinting
Collection and analysis of information from your device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes of identification and/or tracking.
Device Recognition Technologies
Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household) ("Cross-device Data").
In-App Tracking Methods
There are a variety of Tracking Technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as "Ad IDs" to associate app user activity to a particular app and to track user activity across apps and/or devices.
Some information about your use of the Online Services and certain Third-Party Services may be collected using Tracking Technologies across time and services and used by the Company and third-parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Online Services and certain Third-Party Services. See Section 11 regarding certain choices regarding these activities.
The Company is giving you notice of the Tracking Technologies and your choices regarding them explained in Section 11 so that your consent to encountering them is meaningfully informed.
C. Information Company Collects From Other Sources
The Company may also obtain information about you from other sources, including Service Providers and Third-Party Services, and combine that with Company-Collected PI. Notwithstanding anything to the contrary, except to the extent such data combined by or on behalf of the Company with Company-Collected PI, this Privacy Policy is not intended to limit the Company's activities regarding such third-party-sourced, or non-Service-sourced, information (including Personal Information), and such data will only be treated as Company-Collected PI to the extend it is combined with Company-Collected PI. The Company is not responsible or liable for the accuracy of the information provided by third-parties or for third-party policies or practices.
- HOW WE USE THE INFORMATION WE OBTAIN.
The Company may use information about you, including Company-Collected PI and other Personal Information, for any purposes not inconsistent with the Company's statements under this Privacy Policy, or otherwise made at the point of collection, and not prohibited by applicable law, including, without limitation, the following:
- Allow you to participate in the features we offer with the Services;
- Deliver merchandise and services you purchase;
- Process your registration, manage your account and/or upload your User Generated Content ("UGC"). (For more information on how UGC is treated under the Online Service’s Terms of Use click here to view our Terms of Use, which also apply to your use of online services For more on the public nature of UGC, see Section 5;
- Transact with you, provide services or information you request, respond to your comments, questions and requests, serve you content and/or advertising, and send you notices;
- Company's marketing and other purposes;
- Enhance and improve customers' shopping experiences;
- Improve the Services and for any other internal business purposes;
- Tailor our content, advertisements, and offers;
- Fulfill other purposes disclosed at the time you provide Personal Information or otherwise where we are legally permitted or are required to do so;
- Completing payment method processing;
- Determine your location and send you location-relevant information; and
- Prevent and address fraud, breach of policies or terms, and threats or harm.
- INFORMATION WE SHARE WITH THIRD-PARTIES.
The Company may share non-Personal Information, and Personal Information that is not deemed Company-Collected PI hereunder (provided that the Company is aware of no restrictions on the Company's use, if any), with third-parties for any purpose. The Company's sharing of Company-Collected PI is, however, subject to the following:
- Marketing: Subject to your communications choices explained in Section 11.D, and the rights of California residents explained here, if applicable, we may use your Personal Information to send you marketing communications. Company will not share your Company-Collected PI with third-parties for their own direct marketing purposes, except in connection with Corporate Transactions (defined below) absent your consent (which may be by means of third-party interaction described in the next bullet point);
- Your Disclosure or Consent: As more fully described in Section 5 (Information You Disclose Publicly or to Others) and Section 6 (Third-Party Content, Third-Party Services, Social Features, Advertising and Analytics), your activities with the Services may, by their nature, result in the sharing of your Company-Collected Personal Information (as well as your other Personal Information and your non-Personal Information) with third-parties and by engaging in these activities you consent to that and further sharing and disclosure to third-parties. Such third-party data receipt and collection is subject to the privacy and business practices of that third-party, not the Company. For example, Raymour & Flanigan uses Bringg as one of our disposition third-party partners. With the help of Bringg, we are able to offer a world-class purchase delivery process. Customer data, such as name or address, are required to complete the delivery process and are processed by Bringg. Please see https://www.bringg.com/privacy-policy/ for Bringg’s Privacy Policy details.
The Company may also share any information about you (including, without limitation, Company-Collected PI) for any purposes not inconsistent with this Privacy Policy, or our statements at the point of collection, and otherwise not prohibited by applicable law, including, without limitation:
- The Company's agents, vendors, consultants, and other service providers (collectively "Service Providers") may receive, or be given access to your information, including, without limitation, Personal Information, Demographic Information, and Usage Information, in connection with their work on the Company's behalf, provided however, the Company does not authorize its Service Providers to use Company-Collected PI provided by the Company to the Service Providers to send you direct marketing messages other than related to the Company absent your consent. For more information on choices Service Providers may offer you click here;
- To comply with the law, law enforcement or other legal process, and in response to a government request; and
- If the Company believes your actions are inconsistent with the Company's Terms of Use, user agreements, applicable terms or policies, or to protect the rights, property, life, health, security and safety of the Company, the Services or its users, or any third-party.
The Company may share your Company-Collected Personal Information (as well as your other Personal Information and your non-Personal Information), in connection with or during negotiations of any proposed or actual merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of the Company assets, or transfer of all or a portion of the Company's business to another company ("Corporate Transactions").
In addition, in conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission ("EEOC"), the Office of Federal Contract Compliance Programs ("OFCCP") and similar state and local regulatory agencies, we may ask you to provide us with self-identifying information (such as veteran status, gender and ethnicity). Providing such self-identifying information is voluntary, but if you do provide us with such information, we may submit that information, to the EEOC, the OFCCP and similar state and local regulatory agencies or otherwise use or disclose it for business-related purposes, including, without limitation, responding to information requests, fulfilling regulatory reporting requirements and defending against employment related complaints.
- SWEEPSTAKES, CONTESTS, AND PROMOTIONS.
The Company may offer sweepstakes, contests, and other promotions (each, a "Promotion"), including Promotions jointly sponsored or offered by third-parties, which may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your information, including Personal Information, may be disclosed to the Company, co-sponsors, Service Providers, and other third-parties, including for administrative purposes and as required by law (e.g., on a winners list). By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing data practices from those contained in this Privacy Policy. Please review those rules carefully.
- INFORMATION YOU DISCLOSE PUBLICLY OR TO OTHERS.
The Services may permit you to post or submit UGC (User-Generated Content) including, without limitation, written content, user profiles, photos, videos, audio or visual recordings, computer graphics, pictures, data, or other content, including Personal Information. If you choose to submit UGC to any public area of the Services, your UGC will be considered "public" and will be accessible by anyone, including the Company. Notwithstanding anything to the contrary, unless otherwise explicitly agreed by us, Personal Information included in UGC is not subject to the Company's usage or sharing limitations, or other obligations, regarding Company-Collected PI or other Personal Information under this Privacy Policy or otherwise, and may be used and shared by the Company and third-parties to the fullest extent not prohibited by applicable law. The Company encourages you to exercise caution when making decisions about what you disclose in such public areas. For more information on how UGC is treated under the Terms of Use click here to view our Terms of Use, which also apply to your use of online services California minors should see Section 9 regarding potential removal of certain UGC they have posted on the Services.
Additionally, the Online Services may offer you the option to send a communication to a friend or other contact. If so, the Company relies on you to only send to people that have previously given you permission to do so. The recipient's Personal Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by the Company for any other marketing purpose unless the Company obtains consent from that person. Your contact information and message may be included in the communication.
- THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, SOCIAL FEATURES, ADVERTISING AND ANALYTICS.
The Online Services may include hyperlinks to, or include on or in connection with, other Online Services (e.g., apps and plug-ins), websites, locations, platforms, applications or services operated by third-parties ("Third-Party Service(s)"). These Third-Party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personal Information from you.
Certain functionalities on the Online Services permit interactions that you initiate between the Online Services and certain Third-Party Services, such as third-party social networks ("Social Features"). Examples of Social Features include: enabling you to send content such as contacts and photos between the Online Services and a Third-Party Service; "liking" or "sharing" the Company's content; logging in to the Online Services using your Third-party Service account (e.g., using Facebook Connect to sign-in to the Online Services); and to otherwise connect the Online Services to a Third-Party Service (e.g., to pull or push information to or from the Online Services). If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Online Services (see Section 5) or by the Third-Party Service that you use. Similarly, if you post information on a third-party service that references the Online Services (e.g., by using a hashtag associated with the Company in a tweet or status update), your post may be used on or in connection with the Online Services or otherwise by the Company. Also, both the Company and the third-party may have access to certain information about you and your use of the Online Services and any Third-Party Service.
The Company may engage and work with Service Providers and other third-parties to serve advertisements on the Online Services and/or on third-party services. Some of these ads may be tailored to your interest based on your browsing of the Online Services and elsewhere on the internet, sometimes referred to as "interest-based advertising" and "online behavioral advertising" ("Interest-based Advertising"), which may include sending you an ad on a third-party service after you have left the Online Services (i.e., "retargeting").
The Company may use Google Analytics, Adobe Analytics or other Service Providers for analytics services. These analytics services may use cookies and other Tracking Technologies to help the Company analyze Online Services users and how they use the Online Services. Information generated by these services (e.g., your IP address and other Usage Information) may be transmitted to and stored by these Service Providers on servers in the U.S. (or elsewhere) and these Service Providers may use this information for purposes such as evaluating your use of the Online Services, compiling statistic reports on the Service's activity, and providing other services relating to Online Services activity and other Internet usage.
Except to the extent we combine information we receive from Service Providers, Third-Party Services, or other third-parties with Company-Collected PI, in which case the Company will treat the combined information as Company-Collected PI under this Privacy Policy (see Section 1(c)), data obtained by the Company from a third-party, even in association with the Online Services, is not subject to the Company's limitations regarding Company-Collected PI under this Privacy Policy, however such data remains subject to any restrictions imposed on the Company by the third-party, if any. Otherwise, the information collected, stored, and shared by third-parties remains subject to their privacy policies and practices, including whether they continue to share information with the Company, the types of information shared, and your choices on what is visible to others on Third-Party Services.
The Company is not responsible for and makes no representations regarding the policies or business practices of any third-parties, including, without limitation, analytics Service Providers and Third-Party Services associated with the Online Services, and encourages you to familiarize yourself with and consult their privacy policies and terms of use. See Section 11 for more on certain choices offered by some third-parties regarding their data collection and use, including regarding Interest- based Advertising and analytics.
- DATA SECURITY AND MONITORING.
The Company takes reasonable measures to protect Company-Collected PI (excluding public UGC) from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the internet and online digital and physical storage, are not completely secure and the Company cannot guarantee the security of your information collected through the Services.
To help protect you and others, the Company and its Service Providers may (but make no commitment to) monitor use of the Services, and may collect and use related information including Company-Collected PI and other Personal Information for all purposes not prohibited by applicable law or inconsistent with this Privacy Policy, including, without limitation, to identify fraudulent activities and transactions; prevent abuse of and investigate and/or seek prosecution for any potential threats to or misuse of the Services; ensure compliance with the Terms of Use and this Privacy Policy; investigate violations of or enforce these agreements; and otherwise to protect the rights and property of the Company, third-parties, and other users. Monitoring may result in the collection, recording, and analysis of online or in-store activity, or communications through our Services. If you do not consent to these conditions, you must discontinue your use of the Services.
- INTERNATIONAL TRANSFER.
The Company is based in the U.S. and the information the Company and its Service Providers collect is governed by U.S. law. If you are accessing utilizing the Services from outside of the U.S., please be aware that information collected through the Services may be transferred to, processed, stored, and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Services or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Personal Information, in the U.S. as set forth in this Privacy Policy.
- CHILDREN'S PRIVACY.
The Services are intended for a general adult audience and not directed to children less than thirteen (13) years of age. The Company does not intend to collect personal information as defined by the U.S. Children's Privacy Protection Act ("COPPA") ("Children's Personal Information") in a manner that is not permitted by COPPA. If we obtain knowledge that we have collected Children's Personal Information in a manner not permitted by COPPA, we will remove such data to the extent required by COPPA.
Any California residents under the age of eighteen (18) who have utilized the Services, can request removal by contacting the Company here to contact the Company, detailing what Services were utilized and attesting that you conducted the actions. The Company will then make reasonable, good-faith efforts to remove the data from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished or archived content by search engines and others that the Company does not control.
- ACCESSING AND CHANGING INFORMATION.
The Company provides mechanisms allowing you to delete, correct, or update some of the Company-Collected PI, and potentially certain other information about you (e.g., profile and account information). For example, you can edit your contact information and saved addresses by logging into the My Account section of raymourflanigan.com and then clicking on "Edit”, or by contacting our Customer Care, Credit, Finance, or e-Commerce groups by phone or email. The Company will make good-faith efforts to make requested changes in its then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all your information or public postings from the Company's databases (California minors see Section 9) and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.
- CHOICES: TRACKING AND COMMUNICATIONS OPTIONS.
A. Online Tracking Technologies Generally.
Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe's website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html.Please be aware that if you disable or remove these technologies, some parts of the Online Services may not work and that when you revisit the Online Services your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
Some App-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or handset manufacturer.
Your browser settings may allow you to automatically transmit a "Do Not Track" signal to Online Services you visit. Note, however, there is no consensus among industry participants as to what "Do Not Track" means in this context. Like many Online Services, the Company currently does not alter the Company's practices when the Company receives a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track," you can visit http://www.allaboutdnt.com, but the Company is not responsible for the completeness or accuracy of this third-party information. Some third-parties, however, may offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on our website is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies. The Company is not responsible for the completeness or accuracy of this tool or third-party choice notices or mechanisms. For specific information on some of the choice options offered by third-party analytics and advertising providers, see the next section.
B. Online Analytics and Advertising Tracking Technologies.
You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptoutor downloading the Google Analytics Opt-out Browser Add-on. You may exercise choices regarding the use of cookies from Adobe Analytics by going to http://www.adobe.com/privacy/opt-out.htmlunder the section labeled "Tell our customers not to measure your use of their websites or tailor their online ads for you."
The Company website uses Mouseflow: a website analytics tool that provides session replay, heatmaps, funnels, form analytics, feedback campaigns, and similar features/functionality. Mouseflow does not collect any information on pages where it is not installed, nor does it track or collect information outside your web browser. If you'd like to opt-out, you can do so at https://mouseflow.com/opt-out. If you'd like to obtain a copy of your data, make a correction, or have it erased, please contact Raymour & Flanigan first or, as a secondary option, contact Mouseflow at privacy@mouseflow.com. For more information, see Mouseflow's Privacy Policy at http://mouseflow.com/privacy/. For more information on Mouseflow and GDPR, visit https://mouseflow.com/gdpr/.
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third-parties may participate in the Digital Advertising Alliance's ("DAA") Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA's opt-out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative ("NAI"). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use of a different device or web browsers or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. The Company supports the ad industry's 2009 Self-regulatory Principles for Online Behavioral Advertising (http://www.iab.net/media/file/ven-principles-07-01-09.pdf) and expects that ad networks the Company directly engages to serve you Interest-based Advertising will do so as well, though the Company cannot guaranty their compliance. The Company is not responsible for effectiveness of, or compliance with, any third-parties' opt-out options or programs or the accuracy of their statements regarding their programs.
In addition, we may serve ads on third-party services that are targeted to reach people on those services that are also identified on one or more of our databases ("Matched List Ads"). This is done by matching common factors between our databases and the databases of the third-party services. For instance, we may use such ad services offered by Facebook or Twitter and other Third-Party Services. We are not responsible for these Third-Party Services, including without limitation their security of the data. If we use Facebook to serve Matched List Ads on Facebook services, you should be able to hover over the box in the right corner of such a Facebook ad and find out how to opt-out with us from such list. If you opt-out from our Facebook Matched List Ads, we will remove the matching Personal Information from that list, however, this will not take effect immediately and if you have multiple e-mails or other accounts you may have to opt-out separately for each one. If we use Twitter Matched Use Ads, you should be able to opt-out through your account settings on Twitter. If you opt-out from our Twitter Matched Use Ads, you will be removed from that list, however, this will not take effect immediately and if you have multiple e-mails or other accounts you may have to opt-out separately for each one. We are not responsible for such third-parties' failure to comply with your or our opt-out instructions or to provide us notice of your opt-out elections, and they may change their options without notice to us or you.
C. Mobile Apps.
With respect to the Company's mobile apps ("apps"), you can stop all collection of data generated by use of the app by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain features (e.g., location-based services, push notifications, accessing calendar/contacts/photos, etc.), by adjusting the permissions in your mobile device and/or the app's settings. Beware that if GPS precise location services are disabled, other means of establishing or estimating location (e.g., connecting to or proximity to wi-fi, Bluetooth, beacons, or our networks) may persist. See also the prior section regarding the DAA's mobile Interest-based Advertising choices.
D. Email or Text Communications.
You can opt out of receiving certain promotional email communications from the Company at any time by following the instructions provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account. You can opt-in to text message promotional communications by texting JOIN to 44998, or as otherwise directed by us, and you can opt-in to certain types of autodial and/or pre-recorded promotional phone call alerts. We may also offer you the opportunity to receive non-promotional informational texts messages and phone calls, such as regarding furniture delivery timing. By subscribing to our text messages programs, you consent to receive ongoing Raymour & Flanigan Furniture | Mattresses text alerts (including by auto-dialer), which may include promotional texts if the program to which you subscribe includes promotional alerts, and acknowledge that you have reviewed and accepted the Alert Terms and Terms of Use. You also consent to receive a text confirming any opt-out. Consent is not a condition of purchase, and no purchase is necessary. Text HELP for help. Text STOP to unsubscribe (i.e., opt-out). You can opt-out of certain types of promotional calls by following the instructions given as part of those calls. You can also change your e-mail, text and call preferences by clicking here.Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, the Company may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or the Company's ongoing business relations. To prospectively opt-out of our sharing of your Company-Collected PI for our own direct marketing purposes, contact us at rfcare@raymourflanigan.com or 888-729-6687.
E. Other Communications.
For all other forms of opt-in/opt-out activity (including without limitation receipt of physical mailings), please contact us at 888-729-6687.
- YOUR CALIFORNIA PRIVACY RIGHTS.
We do not share personal information as defined by California Civil Code Section 1798.83 ("Shine The Light law") with third-parties for their direct marketing purposes absent your consent. If you are a California resident, you may request information about our compliance with the Shine the Light law by contacting us here or by sending a letter to 7248 Morgan Road, Liverpool, New York 13088, (Attention: Legal Department). Any such request must include "California Privacy Rights Request" in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address or mail address.
California minors should see "Children's Privacy" at Section 9 regarding removal of certain content they have posted.
- YOUR CONNECTICUT PRIVACY RIGHTS.
Connecticut law requires any person or entity that collects Social Security numbers from Connecticut residents in the course of business to create a privacy protection policy and to publish or display it publicly. It is our policy to protect the confidentiality of Social Security numbers in our possession from misuse and improper disclosure by maintaining and enforcing policies and physical and electronic safeguards against misuse and improper disclosure. Unlawful disclosure of Social Security numbers is prohibited, and access to them is limited to personnel who need access to such information in order to perform their job functions.
- CHANGES TO THIS PRIVACY POLICY.
We reserve the right to change this Privacy Policy prospectively effective upon the posting of the revised Privacy Policy and your use of our Services indicates your consent to the privacy policy posted at the time of use. However, we will not use your previously collected Company-Collected PI, to the extent it is not collected under the new privacy policy, in a manner materially different than represented at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.
If you have any questions about this Privacy Policy, please contact the Company here or at 7248 Morgan Road, Liverpool, New York 13088; (Attention: Legal Department).