Looking for Frequently Asked Questions? Visit the FAQ here.

FERNISH | TERMS OF USE & PRIVACY POLICY

TERMS OF USE

This App is owned and operated by Fernish II LLC. ("Fernish", "we," "us," or "our," as applicable). Your use of this website, or similar online or native mobile application, (collectively, the "App") is conditioned on your acceptance of the following (the "Terms of Use"). By using the App, you signify your agreement to these Terms of Use as well as the Fernish. Privacy Policy ("Privacy Policy"), incorporated by reference herein. We reserve the right to change, modify or remove content from the App without prior notice for any other reason. We may modify these Terms of Use and the Privacy Policy at any time and at our sole discretion and such modifications shall be effective immediately upon posting new modified policies, terms and conditions on the App.

We reserve all rights not expressly granted under these Terms of Use. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Use, is void.

User Eligibility; User Account; Contact Information. You must create an account with the App in order to gain access to all of the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another user’s account without permission. You are solely responsible for the activity that occurs on your account, and you are solely responsible for keeping your account password secure. You be must be at least 18 years of age and competent to use the App and enter into this Agreement; by using the App you represent that you are of such age. You must notify us immediately of any breach of security or unauthorized use of your account.

By providing us with your e-mail address or other contact information (including mailing address), you consent to our using such contact information to send you notices, including any notices required by law.

Subscription Agreement; Credit Check; Consumer Report: In order to lease furniture from us you must agree, as "Lessee," to the terms of a furniture lease agreement (the "Subscription Agreement"). You must carefully review, understand, and consent to the terms of the Subscription Agreement prior to your acceptance thereof. The Subscription Agreement may be provided to you in electronic format. You shall be provided with a copy of your Subscription Agreement that is accessible in your user dashboard. A "soft pull" credit check may be performed in order to inform whether Fernish II LLC, will extend "credit" in the form of the subscription. In the event you are denied services from Fernish II LLC, due to your credit score (also known as an "adverse event"), and in compliance with the Fair Credit Reporting Act (FCRA) and the Risk-Based Pricing Rule we will provide notice to you in the form of an email correspondence. Fernish II LLC, also employs an artificial intelligence/machine learning-based risk system to review signals that heuristically match with other historically delinquent or risky orders. Fernish II LLC, may choose to deny service due to the score generated from this system. Fernish II LLC, will also provide notice of this adverse action via email.

You may be subject to a non-investigative consumer report for our verification of your credit and/or ability to maintain consistent payments for our service prior to our delivery of the leased furniture pursuant to the Subscription Agreement. By providing such information to us, you consent and authorize us to obtain and transmit your name, billing address, email address, phone number, date of birth, and all other relevant personally identifiable information to a credit reporting agency for purposes of verifying your credit history and rating. Please note that we do not independently verify any information provided to us in any consumer report.

Additionally, in order to take receipt of furniture and other home decor items from Fernish II LLC, you will be asked to provide a copy of your drivers license or other state-issued identification via a 3rd-party service contracted by Fernish II LLC doing business as Vouched (also known as Woolly Labs). Vouched will perform a real-time comparison of your face to the photo of your face on your identification so as to confirm that the identification card is, in fact, yours. This verification is performed in compliance with the Driver's Privacy Protection Act (DPPA). Additional data may be extracted from the text on your identification and compared to data provided by credit reporting agencies so as to add an additional layer of verification confidence.

Service Rules and Limitations: You agree not to engage in any of the following prohibited activities in connection with the App: (i) copying, distributing, or disclosing any part of the App in any medium, including without limitation by any "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the App in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time; (iii) transmitting unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the App; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure or that could impair the proper operation of the App; (v) uploading invalid or harmful data through the App; (vi) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (vii) bypassing any measures we may use to prevent or restrict access to the App, or (viii) decompiling or otherwise attempting to obtain the source code of the App.

We reserve the right to monitor your use of the App to provide guidance and assistance in the use of the App and to monitor your conformance with these Terms of Use. You acknowledge and hereby consent to such monitoring. We reserve the right to permanently or temporarily terminate your access to and use of the App if, in our reasonable belief, you have violated the usage limitations set forth in these Terms of Use. Upon termination of these Terms of Use or your access to the App for any reason, you will continue to be bound by these Terms of Use which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

All discounts and promotional codes distributed by Fernish II LLC, expire within one year of offer creation unless otherwise noted. Discount code and promotional code value does not count towards any eventual lease-to-own computed buy-out cost; this includes any discount presented as part of an extension/renewal offer. Unless otherwise noted, all discount codes and promotional offers are limited to one use per customer. Promotional codes are not transferable for cash or Fernish credit. Promotional codes and discount codes cannot be combined for a given order. Certain products may be excluded from promo codes; these will be indicated when applicable.

Right to Refuse: Fernish reserves the right to refuse service to any customer or potential customer. Fernish II LLC's intentions are to protect its employees and contractors, minimizing any tension or personal violation and respecting and servicing the customer fairly. Fernish II LLC reserves the right to refuse service if any unsafe or unreasonable behavior or situations are encountered, including but not limited to: 1) Violent, threatening, or discriminatory behavior, 2) Personally insulting, yelling, or cursing/swearing, 3) Intoxication, 4) Theft, 5) Non-conforming to delivery requirements, including: i) The safety of the environment (to include parking and unloading areas, doorways, stairways, elevators, and anywhere the delivery teams must travel or spend time in throughout the delivery), ii) Presenting and matching delivery identification and delivery contacts, 6) Illegal activities

A customer will not be denied service for the following: 1) Race, 2) Religion, 3) Gender/gender identity, 4) Age, 5) Disability, 6) Nationality, or 7) Sexual orientation. Before Fernish refuses service, the Fernish II LLC Customer Experience team will intervene and attempt to resolve the situation, including de-escalation tactics. If refusal of service is pertaining to a new customer, and all furniture is in like-new condition in Fernish’s possession, any pre-paid monetary transactions will be cancelled and issued a refund within 48 hours.

Limited License: The information provided to you by us in connection with the App (the "Content") is our property of and/or proprietary to us. We hereby grant you a limited, nonexclusive, nontransferable and nonsublicensable right and license, solely for your personal or internal business use to use the App and the services provided thereon. You may not duplicate, copy, resell, license, display, publish or otherwise redistribute any portion of the Content or create derivative works from any materials or content accessible on the App. Nothing contained herein shall be construed as conferring to you, by implication or otherwise, any license or right under any copyright, patent, trademark or other proprietary right of ours. The Content may be provided to us by third-parties and by governmental and/or regulatory agencies. And while we take commercially reasonable steps to verify the validity of such data, we make no representation or warranty with respect to the accuracy, currency or completeness of such third-party data.

Third Party Links: The App may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the App, you do so at your own risk, and you understand that these Terms of Use and the Privacy Policy do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the App, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.

Disclaimers; Restrictions; Indemnification: EXCEPT AS EXPRESSLY PROVIDED HEREUNDER, THE APP AND GOODS AND/OR SERVICES OFFERED, INCLUDING ALL CONTENT PROVIDED IN CONNECTION WITH THE SERVICES, IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, EXPECTED RESULTS OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM OR LOSS CLAIMED BY YOU OR ANY THIRD-PARTY RELATING TO BUSINESS DECISIONS MADE BY YOU AS A RESULT OF YOUR USE OF THE APP AND THE CONTENT. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE APP OR THE SERVICES.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, TO YOU OR ANY OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WHERE WE HAVE BEEN ADVISED OR HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE APP OR THE CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FERNISH’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU PAID TO FERNISH OVER THE PRECEDING THREE-MONTH PERIOD.

You warrant that you will not use the App to conduct or engage in unlawful activities; to violate any law or regulation; or to violate or infringe upon our rights or the rights of any third-party, including without limitation, contractual rights, intellectual property rights, and privacy rights. You agree to defend, indemnify and hold harmless us and our officers, directors, employees, agents, assigns and licensors from any and all claims, demands, liability, judgments, costs and expenses (including reasonable attorneys' fees and costs) arising out of or related to any breach of any warranty, representation, covenant or agreement made by you in these Terms of Use.

Arbitration:
For any dispute with Fernish, you agree to first contact us at info@fernish.com - ATTN: LEGAL and attempt to resolve the dispute with us informally. If we are not able to resolve any dispute after (60) days, we each agree to resolve any dispute (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS. The arbitration will be conducted in Los Angeles County, California, unless you and Fernish agree otherwise. If you are using the App for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys fees and reasonable costs for expert and other witnesses. If you are an individual using the App for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorneys fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Nothing in this Section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

Complaints / Law Enforcement Contact: To resolve a complaint regarding the App, you may e-mail us at info@fernish.com.

Note for California Users: Under California Civil Code Section 1789.3, California website users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R. Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by e-mail at dca@dca.ca.gov.

Miscellaneous: You agree that Fernish shall be deemed solely based in California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Los Angeles County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notice. No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to maintain the App and/or provide the Content as a result of conditions beyond our control such as, but not limited to, war, strikes, fires, floods, governmental restrictions, power failures, natural disasters, acts of terrorism or damage or destruction of any network facilities or servers, shall not be deemed a breach of these Terms of Use.

Contact: Should you wish to contact us with any questions with respect to the App, you can contact us by e-mail at info@fernish.com.

PRIVACY POLICY

This Privacy Policy applies to information collected by us through or in connection with the App. We understand how important your personal privacy is to you, and we want you to be aware of the kinds of information we collect, how we collect it, how we use it and with whom we share it. When you submit information to us through the App, you acknowledge and agree to the terms and conditions of this Privacy Policy. We may modify this Privacy Policy from time to time by updating the information posted on the App. Amendments to the Privacy Policy will be effective when posted. You should therefore periodically visit this page to review the current Privacy Policy, so that you are aware of any such revisions.

We don't direct the App to anyone under 13. And that’s why we do not knowingly collect personal information from anyone under 13. If we become aware that someone under 13 has submitted personal information on or through our website, we will immediately delete that individual’s personal information.

The Information We Collect:
Personally Identifiable Information. Throughout our App, we have provided various forms through which you can complete a transaction or request additional information about our products and/or services, or from which you can request to speak with a customer service representative. On these forms, you may be prompted to provide your name, contact information and, in some cases, other relevant personally identifiable information. We may request that you provide us with additional detailed Personally Identifiable Information in order for us to conduct background check of your credit history and ability to maintain consistent payments for our service. We may also collect personally identifiable information through certain features of the App (such as when you lease furniture from us), and also when you provide such information directly to us via email, or otherwise when you send us messages, comments, questions or suggestions.

SMS Messaging and Phone Calls. Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that the Company may contact you via telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of leasing any Furniture Items. You also understand that you may opt out of receiving marketing text messages from us at any time by texting the word “STOP” to the sender phone number using the mobile device that is receiving the messages. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.

Non-personally Identifiable Information: We collect autonomous, non-personally identifiable information through the App, including the Internet Protocol (IP) address(es) and type of web browser or other method by which you access the App. We may combine autonomous information with personally identifiable information to identify a user in order to enforce our Terms of Use.

Session and Usage Data; Cookies; Mobile Data: We collect "Session and Usage Data," which is information about your use of the App. Session and Usage Data includes information relating to connection requests, server communication and data sharing, including network measurements, quality of service, and date, time and location of the transmission.

We may use cookies, web beacons, local shared objects (sometimes called "flash cookies"), and similar technology in connection with your use of the App ("Cookies"). Cookies may have unique identifiers, and reside, among other places, on your computer, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of the App, such as your browser type, search preferences, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. You can disable some (but not all)

Cookies in your device or browser settings, but doing so may affect your ability to use the App. We may collect information about your mobile device, including device type, operating system information, and mobile identifiers such as Apple IDFA and Android Advertising ID. We use such mobile advertising IDs to help advertisers analyze aggregate ad performance – such as by measure whether or how devices viewing a particular ad tended to engage with a particular product.

Transactional Information: You may choose to make purchases or execute furniture leases through the App. In processing payment for such transactions, we will collect certain information necessary to complete your purchase ("Transactional Information"). This information may include your name, billing address, email address, phone number, and credit card information, such as type of credit card, name on card, card number, validation number, and expiration date. We may retain Transactional Information as long as necessary to fulfill the purposes specified in this Privacy Policy and for recordkeeping, subject to statutory or regulatory retention requirements and legitimate business needs. We may collect information related to your transactions performed using the App and use such data to improve your experience with the App, including to deliver advertisements to your mobile communications device from third parties or merchants (with whom we have contracted).

Use of the Information We Collect: We use information we collect on the App to ensure compliance with the App Terms of Use, to offer and render our services, to respond to our users' queries, to improve App offerings, and for various cross-platform targeted promotional or marketing initiatives.

Personally identifiable information is accessible by our employees, contractors and agents (including those who provide services such as order fulfillment, infrastructure provision, customer service, email delivery services, credit card processing, auditing services, risk mitigation, collections, and other similar services), but only to the extent reasonably necessary or useful for these purposes, and only pursuant to contractual obligations requiring such third parties to maintain the privacy and security of your personal information.

We may also also use your provided data to send correspondence to you, including occasional updates about our products and services, along with other App-related information. By submitting information to us through the provided prompts or forms, you consent to our placing your email address on this "opt-in" list. You may opt out of receiving such communications from us by following the opt out instructions in any email communication you receive from us.

Except as described in this section, we will not share your personally identifiable information with any third-party unless you expressly consent to such disclosure in advance. However, we have the right to disclose and transfer user lists and related personally identifiable information in connection with any reorganization, merger, disposition, sale or contemplated sale of all or part of our business related to the App and to treat such information as a business asset in the event of bankruptcy or liquidation. We may also disclose personally identifiable information to a third-party if disclosure is required to comply with a subpoena, court order and/or other legal instrument, legal proceeding or relevant law; or if there is an immediate, imminent threat to the safety of any person, us, or the App. YOU EXPRESSLY WAIVE, RELEASE, AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY SUCH ACTION WE TAKE.

Security: We use industry-standard security methods such as firewalls, encryption and system access controls. However, as no computer or network-based product exists that can provide "perfect security," we cannot guarantee that the steps we have taken to secure your information will prevent our systems from being compromised and your information from being disclosed.

Modifying Information: If you provide us with personally identifiable information, you are entitled to inspect such information and request that correct any error in our records relating to any personally identifiable information that we maintain about you.

Links to Other Websites; Third Party Advertisements: The App may contain links to websites that are not affiliated with us and that may or may not have practices in place to protect the privacy of your information. We are not responsible for privacy practices employed by third-party websites and encourage you to review their privacy statements so that you will be aware of their data collection, use, and distribution policies.

We may display targeted advertisements based on personally identifiable information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet certain targeting criteria, such as females between 18-24 years of age from a particular geographic area. We do not provide any Personal Information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will assume that you meet the targeting criteria used to display the ad.

Retention Period: We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.

Contacting Us: If there are any questions regarding this Privacy Policy you may contact us at support@fernish.com. In order for us to take the appropriate action please describe in reasonable detail the nature of your request or inquiry. In addition to email, Fernish can be contacted by postal mail at 8075 W. 3rd St, Unit 400, Los Angeles, CA 90048.