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Terms Of Use

These Website Terms of Use (the “Terms of Use” or “Terms”) govern your purchase of products and services from W. E. Smithe Furniture on www.Smithe.com and its related marketing channels (the “Site”). As used in the Terms, “We”, “Us”, and “Smithe” refers to Walter E. Smithe Furniture, Inc.

We make the Site and the products/services we offer on it available to you subject to these Terms of Use. By using the Site, you are accepting these Terms of Use and any modifications we make to them from time to time. You can review the most current version of the Terms of Use at any time by clicking on the Terms of Use link on the Site.

Read these Terms of Use carefully and completely. The Terms of Use describe Smithe’s rights with respect to the Site and your obligations with respect to your use of the Site. Do not use the Site if you do not want to accept these Terms of Use.

THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. PLEASE CAREFULLY REVIEW THE ARBITRATION AND CLASS WAIVER SECTION BELOW.

1. CHANGES TO TERMS/SITES We may make changes to the Site and such products/services we offer on the Site from time to time. We have the right, but not the obligation, to take any of the following actions in our sole discretion without providing prior notice to you:

  • Change or terminate all or any part of the products/services we offer on the Site;
  • Restrict or terminate your access to all or any part of the Site or the products and services we offer on it;
  • Remove any content from the Site and not publish or remove any material that you submit to the Site; or
  • Change these Terms of Use.

2. PRIVACY The protection of your personal information is important to us and we take care to protect the personal information you provide us. Smithe’s Privacy Policy is available at https://www.smithe.com/privacy-policy.inc (the “Privacy Policy”). By using the Site, you consent to all actions taken by Smithe with respect to your personal information in compliance with the Privacy Policy and/or these Terms.

3. USER INFORMATION To use certain parts of the Site, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form.

You represent and warrant that:

(a) all required registration information you submit is truthful and accurate;

(b) you will maintain the accuracy of such information; and

(c) your use of the Site does not violate any applicable law or regulation.

You are entirely responsible for maintaining the confidentiality of your Account log-in information and for all activities that occur under your Account. You agree to immediately notify Smithe of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Smithe is not liable for any loss or damage arising from your failure to comply with the above requirements. We have the right to disable any Account, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

4. ACCESS TO SITE

(a) Limited Right to Use. Subject to these Terms, Smithe grants you a personal, limited, nontransferable, nonexclusive, nonassignable, license and right to access the Site through a generally available web browser or mobile device to view content and information and otherwise use the Site consistent with its functionality and in accordance with these Terms of Use. Any other use of the Site is strictly prohibited and a violation of these Terms of Use. All content included on the Site, such as text, graphics, logos, images, designs, products, video, data, and other material (collectively “Content”) is our owned or licensed property and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Smithe and their respective licensors and protected by U.S. and international copyright laws. You may use the Site only as permitted by law and these Terms of Use. All rights not expressly granted to you in these Terms are reserved and retained by Smithe and/or it’s licensors or suppliers. No right, title, or interest in or to the Site or any Content therein is transferred to you, and all rights not expressly granted are reserved by Smithe. Any use of the Site that is not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

(b) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions:

(i) you agree not to make any commercial use of the Site or its Content;

(ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site;

(iii) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means;

(iv) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Site, or any other system, device or property;

(v) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Site or violate the regulations, policies, or procedures of such networks;

(vi) you agree not to access (or attempt to access) any of the Site by means other than through the interface that is provided by Smithe;

(vii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Site; and

(viii) you agree not to use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.

(c) User Content. The Content also includes information that you and other users provide us in the course of using the Site, including without limitation reviews, feedback, testimonials, or other information posted on the Site (collectively, “User Content”), which we may use to provide, maintain and improve the Site. Some Content may be visible to others (for example, the Site may allow you to upload, post, or otherwise share content). You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Site, or that you contribute in any manner to the Site; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it and to grant to Smithe the license set forth below; and such User Content shall be considered non-confidential and you license to Smithe all proprietary rights in and to such User Content to use, reproduce, modify, perform, display, distribute, publish, compile, and otherwise disclose to third parties any such User Content for any purpose.

You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any User Content accessed through the Site, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any User Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

Smithe reserves (i) the right to remove any User Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all, and (ii) the right to take any action with respect to an User Content that is deemed necessary or appropriate in Smithe’s sole discretion, including but not limited to, terminating or suspending your access to all or part of the Site or disclosing your identity or other information about you to law enforcement or any third party who claims that material posted by you violates their rights. YOU WAIVE AND HOLD HARMLESS SMITHE AND ITS, LICENSEES, SERVICE PROVIDERS, AND SUPPLIERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY LAW ENFORCEMENT AUTHORITIES OR THIRD PARTIES DIRECTING US TO DISCLOSE THE IDENTITY OR OTHER INFORMATION OF YOU.

(d) Right to Use the Site. You must be 18 years of age or older to use the Site. If you are not at least 18 years old, do not use the Site. Additionally, we reserve the right to deny access or use of the Site and the products and services we offer on it to anyone at any time in our sole and absolute discretion.

5. PRODUCT PRICING INFORMATION. The prices for products and/or services displayed on the Site may differ from prices that are available in stores or in catalogs, and Smithe’s pricing may differ from store to store. Pricing and availability of products are subject to audit and correction. Smithe reserves the right to refuse orders with pricing or availability erroneously listed on the Site or in stores.

6. COPYRIGHT COMPLAINTS. In operating the Site, Smithe may act as a “service provider” (as defined by DMCA) and offer services as an online provider of materials and links to third-party websites. As a result, third-party materials that Smithe does not own or control may be transmitted, stored, accessed, or otherwise made available using the Site. Smithe has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Smithe or a third-party, or that has otherwise violated any intellectual property laws or regulations, or these Terms. If you believe any material available through the Site infringes a copyright, you should notify Smithe using the notice procedure for claimed infringement under the DMCA (17 U.S.C Sect. 512(c)(2)). Smithe will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Please send infringement notices under the DMCA to: either 1) Copyright Agent, Mark Smithe, Walter E. Smithe Furniture, Inc. 1251 W. Thorndale Avenue, Itasca, IL 60143. Or 2) contactus@smithe.com, attention Mark Smithe.

Please provide the following information in the notice:

  • Identify the copyrighted work or other intellectual property that you claim has been infringed;
  • Identify the material on the Site that you claim is infringing, with enough detail so that Smithe may locate it on the Site;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  • Your address, telephone number, and email address; and
  • Your physical or electronic signature.

7. THIRD-PARTY SERVICES. The Site may contain links and interactive functionality interacting with the websites of third parties, including social networking sites. We do not endorse and we are not responsible for and have no liability for functionality, actions, inactions, privacy setting, privacy policies or content of any such website. YOUR USE OF THE THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

8. INDEMNITY. You agree to defend, indemnify and hold harmless Smithe and their respective licensors, suppliers, officers, directors, employees, contractors, agents, successors, and assigns from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of Site and its’ products/services, (ii) your use of any information other materials obtained from the Site, (iii) your violation of these Terms or any third-party terms and conditions of use/service, (vii) any Content (including User Content you provide); or (v) your violation of any law or the rights of any third party. Smithe reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Smithe and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Smithe’s prior written consent. Smithe will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

9. WARRANTY DISCLAIMERS. THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

IN ADDITION (AND WITHOUT LIMITING THE LIMITATIONS IN THE IMMEDIATELY PRECEDING PARAGRAPH), WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE PRODUCTS ON THE SITE FOR ANY PURPOSE. WE PROVIDE ALL SUCH PRODUCTS “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

10. LIMITATION OF LIABILITY. Nothing in these Terms and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (i) SMITHE OR THEIR LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (COLLECTIVELY “SMITHE PARTIES” AND EACH A “SMITHE PARTY”) BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF AN APPLICABLE SMITHE PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (ii) ANY SMITHE PARTY’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO SMITHE FOR THE SERVICES OR THE PRODUCT GIVING RISE TO THE CLAIM IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. FOR THE AVOIDANCE OF DOUBT, SMITHE DISCLAIMS ALL LIABILITY OF ANY KIND OF ITS LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL ANY SMITHE PARTY BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY VIOLATION OF ANY THIRD-PARTY RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

11. TERM AND TERMINATION.

(a) These Terms will remain in full force and effect so long as you continue to access or use the Site, or until terminated in accordance with the provisions of these Terms. At any time, Smithe may (i) suspend or terminate your rights to access or use the Site, or (ii) terminate these Terms with respect to you if Smithe in good faith believes that you have used the Site in violation of these Terms, including any incorporated guidelines, terms or rules.

(b) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Site, including any license granted under these Terms, will automatically terminate.