To make a payment, request a repair, and for all other questions, please contact us at:
How does lease to own work at BrandsMart Leasing?
Leasing to own from BrandsMart Leasing can be a great way to get what you want right now. We offer a simple lease program where you make periodic renewal payments, and if you make all of the lease renewal payments or complete an early purchase option, you will own the merchandise.
Leasing is a convenient way to get the items you want without a big upfront payment, using credit, or making a long-term commitment. BrandsMart Leasing offers a great selection of name brand products, with affordable payments and flexible choices on how to own your merchandise.
BrandsMart Leasing provides a rental/lease purchase agreement. It is not a loan, credit, or financing. While no credit history is required for BrandsMart Leasing's digital approval process, we do obtain information from consumer reporting agencies and BrandsMart Leasing affiliates in connection with your lease application.
You will not own the leased merchandise or acquire ownership rights unless you make all your lease renewal payments or exercise an early purchase option. Not all applicants are approved.
What is the process? How do I get started?
See the local BrandsMart Leasing team member at your local BrandsMart U.S.A. store location.
What do I need to apply?
When you apply in-store you will need to provide the following:
- Name and contact information (address/phone) – Georgia or Florida residents only
- Social Security Number
- Government issued ID
- Income information
- Residence information
- Mobile Phone is required to receive verification text when applying
- Credit/Debit Card for initial payment
Do I need a Social Security Number to apply for a lease?
What forms of ID are accepted when applying?
We accept US-issued identification including Driver's License, government-issued Green Card, government-issued ID card, Military ID, Passport, Resident Alien Card & State ID card. Matricula Consular are not accepted as ID by BrandsMart Leasing.
How long does my approval last?
Approval is only valid at this store location during store hours for 7 days, including day of application, not 24 hours from approval decision.
Do you charge an application fee or any other up-front fee?
BrandsMart Leasing does not charge an application or processing fee.
How much will I be approved for?
It depends. Applicants are evaluated on an individual basis, and we look at many data points, including credit information and income to determine approval amounts. These data points will indicate whether Brandsmart Leasing would be a good option and, if so, the approved amount.
How will my merchandise be delivered?
BrandsMart Leasing or its authorized service provider will call you to schedule delivery of your merchandise. If you have questions about your delivery, please call 954-797-4097.
What should I do if my item is delivered damaged?
If you notice that your merchandise is damaged, please call 954-797-4097 immediately.
How long will it take for my item to arrive?
Delivery times vary based on the merchandise selected.
How can I set up an account to make my payments online?
Online payments will be available.
How do I make a payment arrangement?
Please call 844-641-5152 to make a payment arrangement.
Will BrandsMart Leasing be using my bank information to auto-draft payments from my account?
BrandsMart Leasing will not use your banking information for payment without your authorization.
Do I have the option of buying the product before my lease term ends?
Yes. You can purchase the product at any time. If your payments are up to date, you will have a Buy Out option for a limited period of time after you start a lease agreement. That limited period varies by store location, and you should ask a BrandsMart Leasing team member for the details of the Buy Out option available. Through the applicable Buy Out option, you can choose to purchase the leased merchandise by paying the original retail cash price for the item plus $99 (minus the amount of any lease renewal payments that you’ve already paid). If you owe any other charges at that time under your lease agreement you will need to pay those as well. The applicable Buy Out option is described in the BrandsMart Leasing Program Addendum to your lease agreement.
After the applicable Buy Out option expires, you can purchase the leased merchandise for more than the retail cash price but less than the total of remaining lease payments, as described in your lease agreement. This early purchase option amount is also explained in the lease agreement.
What if I plan to pay out my lease later?
Even if you intend to purchase later, regular lease renewal payments must be made. Remember you are leasing the merchandise you selected until you make all payments or complete an early purchase option.
What forms of payment do you accept?
BrandsMart Leasing accepts most debit and credit cards.
Do I have the option of paying cash for my first payment?
Not at this time.
What does BrandsMart Leasing mean by total cost of ownership?
The total cost of ownership includes the retail cash price of the merchandise plus the cost of lease services. It is the total of all scheduled lease renewal payments. You will also be responsible for applicable tax. The total cost of lease ownership will be more than the retail cash price of the merchandise. The total cost of ownership, including the cost of leasing, is shown in the application and check out process.
What if I can no longer afford my payments?
We understand that unexpected situations come up that may prevent you from keeping your merchandise. If you find yourself unable to continue with your lease, please call Customer Service to discuss your options: 844-641-5152.
Does BrandsMart Leasing check my credit?
As part of our digital application process, BrandsMart Leasing will check credit history and creditworthiness and rely upon customer reports and information obtained from third-parties and affiliates of BrandsMart Leasing in considering your application.
How is a lease different than a credit transaction, financing, or a loan?
A BrandsMart Leasing transaction is not credit. With a credit transaction, financing, or a loan, you make a purchase with borrowed money that must be repaid, often with interest. In a credit transaction, you owe for the balance of your debt even if you are no longer in possession of the merchandise. With a lease, you sign an agreement to lease merchandise from BrandsMart Leasing. Brandsmart Leasing owns the merchandise, but you can take ownership after making all required lease payments or through an early purchase option. But, if you choose to return the merchandise before you complete your ownership plan, you don’t owe anything more on the merchandise if you are current on your payments when it is returned according to the terms of your agreement. Ownership of leased merchandise is optional.
Does BrandsMart Leasing charge interest?
You are leasing to own your merchandise, not financing the purchase with BrandsMart Leasing. So, there is no interest charged like in a credit transaction. However, your total cost of ownership does include the cost of leasing which is the amount BrandsMart Leasing charges you in addition to the retail price of the merchandise for the services and benefits of leasing to own with BrandsMart Leasing . So, your total cost of ownership will be more than the retail cash price. The retail price, the cost of leasing, and the total cost of ownership are clearly disclosed in your lease agreement.
Will a lease application impact my credit?
Applying for a lease with BrandsMart Leasing should not impact your FICO score; however, we do look at credit bureau reports, and this inquiry may appear on your credit report.
Is this a hard or soft hit on my credit?
BrandsMart Leasing will make inquiries to Transunion & Experian, including soft inquiries against traditional credit files. Other secondary bureaus, however, do not offer this option, and inquiries to those bureaus (none of which prepare FICO scores) may be considered hard inquiries.
What is the difference between a hard and a soft credit inquiry?
An inquiry occurs any time an individual or business requests a copy of a person’s consumer report – also known as a credit report. The bureaus keep a record of all inquiries made. Creditors and scoring models could consider inquiries a negative factor in a consumer’s report. On a soft inquiry, the inquiry is only visible to the consumer if requesting a copy of their own consumer report, whereas a hard inquiry can be seen by other credit reporting agencies.
Does BrandsMart Leasing report to credit bureaus?
No. We do not currently report payment information to credit bureaus.
Can I build up my credit by doing a successful Lease?
BrandsMart Leasing provides a lease to own program, not credit, and does not report payment information to credit bureaus.
Will you service my leased merchandise?
One of the benefits of leasing to own is that leased merchandise that is defective will be repaired by BrandsMart Leasing, or its authorized service provider, according to the terms of the lease agreement.
What is BrandsMart Leasing’s return policy?
Once your leased merchandise has been delivered, you can call 844-641-5152 to schedule a time for return or pick-up as stated in your agreement. However, you will not receive a refund. Your item must be returned with all provided accessories.
Can I cancel my order before delivery?
If you have not yet received your leased merchandise, you can call the BrandsMart Leasing store location to cancel your order.
This ("Policy") describes how Retail RTO Solutions, LLC d/b/a BrandsMart Leasing , and its parent companies, affiliates, subsidiaries, and divisions (collectively "BrandsMart Leasing" "we" "our" or "us"), collects, uses, and shares your information. This Policy does not cover the collection of mobile device information for in-store analytics. To the extent individual stores collect such information, please see store signage for more information and opt-out choices. BrandsMart Leasing takes the privacy of its customers and visitors to its websites very seriously. We understand that you may have questions about how we collect, use, and share your information. This Policy describes the type of information we collect, how we use and share that information, how we protect that information, your choices regarding that information, and how you can contact us with any questions.
WHAT INFORMATION IS COLLECTED, HOW IS IT COLLECTED AND HOW IS THAT INFORMATION USED?
We collect Personal Information and Non-Personally Identifiable Information ("NPI"), as defined below. We collect Personal Information and NPI about our customers, store and website visitors, in primarily three ways: directly from our customer, store or website visitor (for example, when leasing products from BrandsMart Leasing or from entering your information when online), from our web server & application logs, cookies, web beacons, and similar technologies, and from third-parties. We use your Personal Information and NPI primarily to provide you our products and services, to ensure quality of service, to contact you, to provide you with offers or information about our products and services, and to provide you with a personalized website experience. We do not share with others any Personal Information, unless we say so in this Policy, or when we believe in good faith that the law requires it.
HOW IS MY INFORMATION SHARED?
We share your Personal Information and NPI with our parent companies, affiliates, subsidiaries, and divisions. We also share your Personal Information and NPI with our service providers and other third-parties as described below. We may also share your Personal Information and NPI to meet our obligations to technology and content providers, or as required by law.
WHAT CHOICES DO I HAVE?
If you do not want to receive information about our products or services, please update your account preferences (where available), and/or utilize the "unsubscribe" or "opt-out" mechanism within the communications that you receive from us. If you have any additional questions or concerns related to this Policy, you may:
email us at email@example.com ;
call us at 1-844-641-5152 between 10 a.m. and 7 p.m. Eastern Time, Monday through Friday; or
write to us at:
Retail RTO Solutions, LLC d/b/a BrandsMart Leasing, Legal Department
Attn: Privacy Office
400 Galleria Pkwy, SE
Atlanta, GA 30339.
California residents have additional options and rights with respect to Personal Information. Please refer to the section below titled “California Residents’ Options Regarding Personal Information” for additional information or visit https://www.brandsmartleasing.com/privacy-request.
For all other customer inquiries, call us at 1-844-642-5152 between 10 a.m. and 7 p.m. Eastern Time, Monday through Friday or email us anytime at firstname.lastname@example.org.
HOW IS MY INFORMATION PROTECTED?
We have implemented certain appropriate security measures to help protect your Personal Information from accidental loss and from unauthorized access, use, or disclosure. Despite these measures, we cannot guarantee that unauthorized persons will always be unable to defeat our security measures.
What Information Do We Collect?
We collect two main categories of information from or about you: Personal Information and Non-Personally Identifiable Information ("NPI").
We define Personal Information as information that directly identifies an individual, such as name, residential street address or postal address, email address, social security number, date of birth, driver's license number, geolocation, government issued identification number, phone number, credit card number, bank account or other financial institution account number. Personal Information may also include details about devices used to access our websites or mobile applications such as IP address, browser information, device information, and operating system information. We may also collect information about the use of websites, mobile applications, social media presence, and internet-enabled services and platforms by automated means, such as cookies, web beacons, HTML5 localStorage, and other technologies. We discuss this further below in our “How Do We Collect Your Information” section.
We define Non-Personally Identifiable Information or NPI as information about an individual or about categories or groups of individuals that does not identify you individually. This may include your gender, vehicle information, occupation and other employment information, personal references, and residence-related information such as lease and ownership information, payment history with us, and other information.
How Do We Collect Your Information?
We may collect Personal Information from you in a variety of ways. For example, we collect information you provide when you seek to lease our products, or otherwise enter into a contractual arrangement with BrandsMart Leasing at physical store locations or through our websites, and when applying for a lease or a lease amount. We may also collect Personal Information from or about you when you visit a website owned or operated by BrandsMart Leasing, when you use our mobile applications, enroll in automatic payments, visit social media websites, when you encounter BrandsMart Leasing at an event, or when you enter a promotion we offer.
On occasion, we use third-parties to provide us with additional Personal Information about you. For example, if we know your name and postal address, we may use a third-party to provide us with your email address. In addition to what is described below, we use this information for market analysis, marketing, and other business purposes, including enforcement of contractual obligations. We may also collect Personal Information about you from consumer and/or credit reporting agencies, individuals who we believe may be associated with you, and from our corporate parent companies, subsidiaries, affiliates, and divisions, among others. If you provide Personal Information to us regarding others, we rely on you to obtain that other person's consent for disclosing their information to us and inform that other person about how we will use the information and our contact details for any queries.
In addition to what is described below, we collect NPI through many sources, including from information that you and third-parties provide to us.
When you visit our websites, we may collect information about your visit and store that information, which are records of the activities on our website. Our servers automatically capture and save the information electronically. Examples of the information that we may collect or that third-parties (including third-parties involved in online, interest-based advertising operations) may collect while you navigate our website include, but are not limited to:
Your Internet protocol or "IP" address;
The name of your Internet service provider;
The city, state, and country from which you access our website;
The type and version of browser, operating system, computer, or mobile device you use;
A list of your browser's plug-ins;
Other technical characteristics of your browser, computer, or device;
The links you click within the website and the pages you visit;
The date and time of your visit;
The web page from which you arrived to our website; and
Certain searches/queries that you conducted via our website.
The information we collect helps us administer the website, analyze its usage, protect the website and its content from inappropriate use, and improve the visitor's experience. The information may also be used for marketing purposes and may uniquely distinguish your browser or computer from others’ devices.
Cookies also enable advertising. Navigating our website will result in the placement of various advertising-related cookies by third-parties on your computer or device. These cookies allow web servers involved in advertising operations to recognize your browser as you navigate to other websites, and are necessary for the online delivery or placement of our ads.
Cookies generally hold various types of information, including randomly assigned unique identifiers, which allow websites, including websites covered by this Policy, to customize your experiences on the websites and gather information about your navigation of the websites. We may use different kinds of cookies, including HTTP cookies (also known as browser cookies) and Local Shared Objects such as Flash cookies that are built for use with the Adobe® Flash® Player. We may also use similar technologies, such as HTML5 localStorage.
Most browsers are initially set up to accept browser cookies. You can manage browser cookies by using features and functions available on most Internet browsers. For example, most browsers will allow you to choose what cookies can be placed on your computer and to delete or disable cookies. Flash Cookies, which by their nature are associated with Flash Player, may be managed with guidance from Adobe available at: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html .
You should understand that some features of many websites may not function properly if you block or don't accept cookies.
Other Data Collection Technologies
We may use technologies, for example (and without limitation), web beacons, pixel tags, and .gif files, that allow for the collection of information about your interactions on our websites. These technologies may be used, for example, to place advertisements, to understand website traffic patterns and the number of visitors to our website, and to measure the effectiveness of advertisements or our website. Web beacons, and the like, also enable third-parties involved in advertising operations to recognize your browser as you navigate to other websites, and are necessary for the online delivery or placement of our ads. We may use statistical identifiers based on the relative uniqueness of browser and device characteristics.
Social Networks and Widgets
Our website also includes social network or other third-party plug-ins and widgets that may provide information to their associated social networks or third-parties about BrandsMart Leasing websites you visit, even if you do not click on or otherwise interact with the plug-in or widget and regardless of whether you have an account or other relationship with these social networks and third-parties. Information is transmitted from your browser and may include an identifier assigned by the social network or third-party, information about your browser type, operating system, device type, IP address and the URL of the web page where the plug-in or widget appears. If you use social network tools or visit social networking websites, you should read their privacy policies, to learn what information they collect, use, and share.
Links to Other Websites
BrandsMart Leasing websites contain content, services, advertising, and other materials that link to websites operated by third-parties. We have no control over those other websites, and this Policy does not apply to them. We encourage you to refer to the privacy policies of those websites.
How Do We Use and Share Your Information?
We use the Personal Information and NPI we collect from you for many purposes. For example, we use and share Personal Information and NPI to:
process, manage, complete and account for transactions, including fulfilling product and service arrangements and collecting amounts payable associated with such arrangements;
provide products and services you request;
enforce contractual obligations;
help prevent fraud, unauthorized or criminal activity, claims and other liabilities;
operate, evaluate and improve our business, including developing new products and services, managing our communications, performing research and administering our website and other programs, and for auditing purposes;
determine your eligibility for future products and services;
determine your approved lease amount;
market and advertise to you our products and services and the products and services of third-parties through email, online outreach, direct mail, and other channels;
communicate with you about our products and services, including to respond to your comments and inquiries, to use "click-to-chat" or equivalent functionality for customer service purposes, and to identify your preferences so we can notify you of new or additional products, services, promotions or events that may be of interest to you;
communicate with you about and administer your participation in promotions we offer or are involved in, such as sweepstakes, contests, special events and other programs;
enable you to participate in surveys and other research efforts;
perform data analysis, including market and consumer research, financial analysis, and to measure the effectiveness of our advertising efforts online and otherwise; and
comply with applicable legal and regulatory requirements, industry standards or guidelines, and BrandsMart Leasing policies.
In addition to other sharing described in this section, we may disclose Personal Information and NPI:(i) in order to comply with laws or legal process, including subpoenas or agency orders and investigations which we determine are required under appropriate circumstances; (ii) as we reasonably determine necessary or appropriate to protect property, our rights or the rights of others; and (iii) to enforce our contracts, policies and customer agreements.
We may also de-identify Personal Information that we receive from you or from third-parties so that it cannot be used to identify a specific individual.
We may transfer or provide a copy of information covered by this Policy, including Personal Information, in connection with a merger or sale or store closing (including transfers made as part of insolvency or bankruptcy proceedings) of all or part of BrandsMart Leasing business or as part of a corporate reorganization, stock sale or other change in control.
Sharing With Corporate Entities and Third-Parties
We may also share Personal Information and NPI with our parent companies, affiliates, subsidiaries, divisions, and service providers who provide services to us or on our behalf and agree to only use such information for the purpose for which it was provided and in accordance with this Policy.
We may also provide Personal Information and NPI to credit bureaus, third parties collecting amounts owed to us, and third parties to whom we assign your account for collection purposes.
We may also share the Personal Information with select third-party vendors, business partners and other companies so that they can send you promotional materials about goods and services (including special offers and promotions) offered by them. After the information is provided to such third-parties, the subsequent use or disclosure of such information is subject to those third-parties' privacy policies and practices.
We may also use services hosted by third-parties to assist in providing our services and to help us understand our customers' use of our products. A third-party service may collect information sent by your browser as part of a web page request, including, for example, your IP address, the third-party's cookies, or any of the other categories of information itemized under Online Activities, above.
BrandsMart Leasing uses "interest-based" ads also known as "online behavioral advertising" or "OBA." Online behavioral advertising is advertising that is directed to you based, at least in part, on your Internet browsing behavior across the web. Although we do not share Personal Information with the third-parties that conduct advertising operations on our behalf, these third-parties and their affiliates do collect certain information as a result of their "tags" being on our website. The information they collect includes the name (URL) of the web pages you view while on our site, your IP address, time of visit, information about your browser software, information about your device, and randomly-assigned identifiers stored and/or transmitted using cookies or similar technologies, which they use to target and serve advertising. BrandsMart Leasing uses third-parties that participate in the Digital Advertising Alliance (DAA), which prescribes certain norms of conduct and provides an opt-out for behaviorally targeted ads, as discussed in "Your Options Regarding Personal Information," below.
How Do We Protect Your Information?
We maintain administrative, technical, and physical safeguards intended to protect against the loss, misuse, unauthorized access, or disclosure of Personal Information and NPI. Although we take such precautions seriously, it is impossible for us or others to guarantee the safety and security of Personal Information and NPI.
Will this Policy Change?
This Policy may be updated periodically to reflect relevant changes in our information practices. We will post a notice on our website to inform you of significant changes to this Policy. We will also provide additional information regarding changes to this Policy as may be required by law.
Your Options Regarding Personal Information
You may request that we correct, update or amend the Personal Information we hold about you. To update us regarding changes in your Personal Information, please contact us at the store location at which you have done business or you may contact us as described below.
You may elect to opt-out of receipt of email and text communications from us by following the instructions provided in such communications or by contacting us as provided below. Even after opting out, you may still receive service oriented, non-promotional communications from us and promotional communications from other third-parties as a result of their own interactions or transactions with you. Please allow time for us to process your request or contact us should you have any concerns about your opt-out request
"Do-Not-Track." Do-Not-Track is a public-private initiative that has developed a technical "flag" or signal that an end-user may be able to activate within their browser software to notify websites that they do not wish to be "tracked" by third parties as defined by the initiative. The initiative, however, has not reached a consensus as to exactly what technical or other actions those parties receiving the signal should take. As a result, Do-Not-Track has not yet been standardized and most websites, including BrandsMart Leasing, do not alter their behavior or change their services when they receive a "do-not-track" flag or signal.
You can, however, make decisions about your privacy and the ads you receive. As explained in the section above, "Sharing With Corporate Entities and Third-Parties," BrandsMart Leasing uses online behavioral advertising. You can control whether companies use your Personal Information to serve you behaviorally-based advertising by visiting the DAA web page and using the DAA's opt-out: http://www.aboutads.info/choices/ . The DAA opt-out requires that cookies not be blocked in your browser.
As an alternative to the DAA opt-out, you can also elect to block all cookies from first-parties (such as BrandsMart Leasing) and from third-parties (such as entities involved in advertising) by using the cookie blocking options built into your browser software. For example, in Internet Explorer 9, you can block both first and third-party cookies by selecting those options at Tools/Internet Options/Privacy/Settings-Advanced/Override Automatic Cookie Handling. As another example, if you are using Firefox 25, you can "uncheck" Accept All Cookies under Firefox Preferences/Privacy-Use Custom Settings For History/Accept Cookies from Sites.
Please note, however, that if you do decide to block cookies, some parts of our website may not function correctly.
California Residents’ Options Regarding Personal Information
Your California Privacy Rights
California residents have certain rights with respect to their Personal Information, as described below. We are required by law to verify your identity in connection with any request in order to prevent unauthorized access of your data. BrandsMart Leasing will utilize consumer provided personal and agreement related information to verify the identity of said consumer against known BrandsMart Leasing customer information. This may require us to verify your identity by means of collecting personal information to compare with the information that we have on file. This data will be used solely for validation purposes and will not be stored separately. Please note that your exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g., the prevention or detection of crime) and our interests (e.g., the maintenance of legal privilege). We will try to comply with your request as soon as reasonably practicable. Requests to exercise these rights may be granted in whole, in part, or not at all, depending on the scope and nature of the request and applicable law. Where required by applicable law, we will notify you if we reject your request and notify you of the reasons we are unable to honor your request.
Right to Know and Access Information: You may access Personal Information we maintain about you using the methods provided below. If we grant your request, we will provide you with a copy of the Personal Information we maintain about you in the ordinary course of business. This may include what Personal Information we collect, use, or disclose about you. We may not fulfill some or all of your request to access as permitted by applicable law.
Deletion of Personal Information: You may request that we delete your Personal Information . Depending on the scope of your request, we may refrain from granting your request, as permitted by applicable law. For we may be legally required to retain your information in our business records. You may submit a deletion request using the methods provided below.
“Do Not Sell”: We do not sell your Personal Information, including as defined by California law.
Non-Discrimination: We will not discriminate against you, in terms of price or services that we offer, if you submit one of the requests listed above.
California residents may use an authorized agent on their behalf to exercise a privacy right discussed above. If you are an authorized agent acting on behalf of a California resident to communicate with us or to exercise a privacy right discussed above, you must be able to demonstrate that you have the requisite authorization to act on behalf of the resident and have sufficient access to their laptop, desktop, or mobile device to exercise these rights digitally. If you are an authorized agent trying to exercise rights on behalf of an BrandsMart Leasing user, please contact us at the contact information below with supporting verification information, which includes a valid Power of Attorney in the State of California, proof that you have access to the consumer’s interface, and proof of your own identify.
To Exercise Rights:
Retail RTO Solutions, LLC d/b/a BrandsMart Leasing, Legal Department
Attn: Privacy Office
400 Galleria Pkwy, SE
Atlanta, GA 30339
Additional California Privacy Rights
If you are a California resident, you may ask us to refrain from sharing Personal Information with third parties for their own direct marketing purposes. Please indicate your preference by contacting us as described above. Please also note it may take us thirty (30) days to fully process your request.
This website is not directed to children under the age of 16, and we do not knowingly collect Personal Information from children under the age of 16 on this website. In addition, BrandsMart Leasing does not sell any personal Information of minors under 16 years of age.
Last Reviewed: May 2022
Terms of Service
Retail RTO Solutions, LLC d/b/a BrandsMart Leasing, its parent companies, divisions, subsidiaries, and/or affiliates (collectively, “BrandsMart Leasing” or “we” or “us”) provide website features and other products and services to you when you (1) visit any BrandsMart Leasing website, including without limitation, Brandsmartleasing.com, (2) use BrandsMart Leasing products or services online, through any BrandsMart Leasing mobile application, or in any other electronic medium, (3) use any BrandsMart Leasing mobile applications, (4) manage your account electronically, make online payments, use promotional offers electronically, enter contests and sweepstakes electronically, manage deliveries electronically, request service electronically, (5) visit or shop at any other website or application owned or operated by us, contact customer service representatives, or (6) use software provided by us in connection with any of the foregoing (collectively, “BrandsMart Leasing Services”). The BrandsMart Leasing Services are provided as a service to our customers. Please review these Terms of Service that govern your use of the BrandsMart Leasing Services. The BrandsMart Leasing Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH BRANDSMART LEASING ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
MODIFICATION/ADDITIONS TO TERMS OF SERVICE
We reserve the right to change the terms, conditions, and notices under which the BrandsMart Leasing Services are offered, including but not limited to any charges associated with the use of the BrandsMart Leasing Services. At certain places within the BrandsMart Leasing Services, there may be additional or other terms, conditions, and policies that apply to your use of that Service. By using those BrandsMart Leasing Services, you agree to abide by those terms, conditions, and policies. We may change those terms and policies from time to time. BrandsMart Leasing will not “retroactively” change these Terms of Service, and any modifications BrandsMart Leasing makes shall take effect proactively once you next access the BrandsMart Leasing Services. By continuing to use the BrandsMart Leasing Services after we post any changes, you accept and agree to those terms, conditions, and policies, as modified. Please feel free to print out a copy of this Agreement for your records.
THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES
The BrandsMart Leasing Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or contain links to the sites of others, including, but not limited to, unaffiliated third-party vendors and promotional partners ("Third-Party Materials"). The Third-Party Materials may contain our trademarks, logos, and intellectual property as we may license third parties this right from time to time. Regardless, the Third-Party Materials are not under our control and we are not responsible for the contents of any Third-Party Materials, including without limitation any content or link contained in Third-Party Materials, or any changes or updates to Third-Party Materials. We are not responsible for webcasting or any other form of transmission received from any Third-Party Materials. We are providing the content and links to you only as a convenience, and the inclusion of any content or link does not imply endorsement by us of the Third-Party Materials or any association with the owners or operators of the Third-Party Materials. You acknowledge and agree that BrandsMart Leasing is not responsible for Third-Party Materials, including its accuracy, completeness, timeliness, validity, intellectual property compliance, legality, decency, quality, or any other aspect thereof. BrandsMart Leasing does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Your access to and use of Third-Party Materials is entirely at your own risk and subject to each third party’s terms and conditions.
We may use, for example, web beacons, pixel tags, and .gif files, that allow for the collection of information about your interactions on the BrandsMart Leasing Services. These technologies may be used, for example, to place advertisements, to understand site traffic patterns and the number of visitors to the BrandsMart Leasing Services, and to measure the effectiveness of advertisements or the BrandsMart Leasing Services. Web beacons, and the like, also enable third-parties involved in advertising operations to recognize your browser as you navigate to other websites and are necessary for the online delivery or placement of certain types of ads. By accepting these terms you provide your prior consent for BrandsMart Leasing to collect this information from any device you use to access the BrandsMart Leasing Services, including but not limited to, BrandsMart Leasing-leased devices, devices leased by BrandsMart Leasing subsidiaries or affiliates, user-owned devices, or devices owned by third parties.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the BrandsMart Leasing Services, you warrant to us that you will not use the BrandsMart Leasing Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not use BrandsMart Leasing Services in any manner which could damage, disable, overburden, or impair the BrandsMart Leasing Services or interfere with any other party's use and enjoyment of the BrandsMart Leasing Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BrandsMart Leasing Services.
MATERIALS PROVIDED TO OR POSTED ON THE BRANDSMART LEASING SERVICES
You may post reviews, comments, photos, videos, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content you share, post, or submit. BrandsMart Leasing reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. We do not claim ownership of the content or materials that you provide to us, but if you do provide, post, upload, input, or submit content or materials (including without limitation, reviews, photos, comments, video, feedback, suggestions, or other content), you hereby grant BrandsMart Leasing and any affiliated third parties, sublicensees, unaffiliated third party vendors, and promotional partners, a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, repost, reproduce, transmit, modify, adapt, publish, perform, translate, reformat, create derivative works from, distribute, and display such content and materials in any type of media for any purpose whatsoever, and combine such content and materials with data from other websites, mobile applications, and sources. You grant BrandsMart Leasing and sublicensees the right to use the name that you submit in connection with such content, if we choose, along with your city and state/province. No compensation will be paid with respect to the use of your content or materials as provided herein. By posting, inputting, providing or submitting content or materials, you represent and warrant that you own or otherwise control all of the rights to such content and materials, that the content or materials are accurate, that use of the content or materials that you supply does not violate these Terms of Service and will not cause injury to any person or entity, and that you will indemnify BrandsMart Leasing for all claims resulting from content or materials that you supply. BrandsMart Leasing has the right but not the obligation to monitor and edit or remove any materials, activity, or content. BrandsMart Leasing takes no responsibility and assumes no liability for any content or materials posted by you or any third party. We are under no obligation to post or use any content or materials you may provide and may remove any content or materials at any time in our sole discretion. We reserve the right at all times to disclose any information regarding any content or materials as necessary to satisfy any applicable law, regulation, legal process, or governmental request, in our sole discretion.
COPYRIGHT AND TRADEMARK NOTICES
All content included in or made available through the BrandsMart Leasing Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of BrandsMart Leasing or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the BrandsMart Leasing Services is the exclusive property of BrandsMart Leasing and protected by U.S. and international copyright laws. All rights reserved.
The trademarks, trade dress, logos, and service marks displayed on the BrandsMart Leasing Services (collectively the "Trademarks") are our registered and unregistered trademarks or those of our affiliates or suppliers in the U.S. and other countries. Under no circumstances may you copy, alter, modify, or change the Trademarks. Nothing contained in the BrandsMart Leasing Services should be construed as granting any license or right to use any of the Trademarks without our express permission. Any rights not expressly granted herein are reserved. All trademarks not owned by BrandsMart Leasing that appear in any of the BrandsMart Leasing Services are the property of their respective owners.
One or more patents owned by BrandsMart Leasing may apply to the BrandsMart Leasing Services and/or to the products, features, and services accessible via the BrandsMart Leasing Services.
INTELLECTUAL PROPERTY INFRINGEMENT
BrandsMart Leasing respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please submit written claims to:
Retail RTO Solutions, LLC d/b/a BrandsMart Leasing Legal Department
400 Galleria Parkway SE
Atlanta, Georgia 30339
Phone: 678 402-3000
Written claims concerning infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property interest;
A description of the work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located within the BrandsMart Leasing Services;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf.
LICENSE AND ACCESS
You acknowledge and agree that the BrandsMart Leasing Services are licensed, not sold, to you. All right, title and interest in the BrandsMart Leasing Services and any content contained herein is our exclusive property, except as otherwise stated. Subject to your strict compliance with these Terms of Service (and your payment of any fees, if applicable), BrandsMart Leasing grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, stream, download, install, and make personal and non-commercial use, as applicable and at your expense, of the BrandsMart Leasing Services. This license does not include any resale or commercial use of any of the BrandsMart Leasing Services, or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of any of the BrandsMart Leasing Services or its contents, any downloading, copying, or other use of account information for the benefit of any third party, or any use of data mining, scraping, robots, or similar data gathering and extraction tools. In addition, this license does not allow you to:
i. use the BrandsMart Leasing Services on any devices that you do not own or have a right to control and operate;
copy the BrandsMart Leasing Services;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the BrandsMart Leasing Services;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the BrandsMart Leasing Services or any part of the BrandsMart Leasing Services;
remove, delete, alter, or obscure any trademarks or any copyright, patent, or other intellectual property or proprietary rights notices from the BrandsMart Leasing Service, including any copy of these notices;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the BrandsMart Leasing Services, or any features or functionality of the BrandsMart Leasing Services, to any third party for any reason.
All rights not expressly granted to you in these Terms of Service are reserved and retained by BrandsMart Leasing or its licensors, suppliers, publishers, rightsholders, or other content providers. None of the BrandsMart Leasing Services, nor any part of the BrandsMart Leasing Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BrandsMart Leasing. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BrandsMart Leasing without express written consent. You may not use any meta tags or any other "hidden text" utilizing BrandsMart Leasing name or trademarks without the express written consent of BrandsMart Leasing. You may not misuse the BrandsMart Leasing Services.
We reserve the right, in our sole discretion, to terminate your access to the BrandsMart Leasing Services and the related services or any portion thereof at any time, without notice.
ADDITIONAL SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with the BrandsMart Leasing Services, including any mobile application we make available to you (the "BrandsMart Leasing Software").
Use of the BrandsMart Leasing Software. You may use BrandsMart Leasing Software solely for purposes of enabling you to use the BrandsMart Leasing Services as provided by BrandsMart Leasing, and as permitted by these Terms of Service. You may not incorporate any portion of the BrandsMart Leasing Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the BrandsMart Leasing Software in whole or in part. All software used in the BrandsMart Leasing Services is the property of BrandsMart Leasing or its software suppliers and is protected by United States and international copyright laws.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the BrandsMart Leasing Software, whether in whole or in part.
Updates. We may from time to time in its sole discretion offer automatic or manual updates to the BrandsMart Leasing Services and BrandsMart Leasing Software without notice to you. Updates may include upgrades, bug fixes, patches, other error corrections, and new features. Such updates may also modify or delete in their entirely certain features and functionality. You agree that BrandsMart Leasing has no obligation to provide any updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when connected to the internet, the BrandsMart Leasing Services will either automatically download and install all available updates, or you may receive notice of or be prompted to download and install available updates. You agree to promptly download and install all updates and acknowledge and agree that the BrandsMart Leasing Services or portions thereof may not properly operate should you fail to do so. You further agree that all updates are deemed part of the BrandsMart Leasing Services and are subject to all terms and conditions of this Agreement.
Government End Users. If you are a U.S. Government end user, we are licensing the BrandsMart Leasing Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the BrandsMart Leasing Software are the same as the rights we grant to all others under these Terms of Service.
Conflicts. In the event of any conflict between these Terms of Service and any other BrandsMart Leasing or third-party terms applicable to any portion of BrandsMart Leasing Software, such as open-source license terms, such other terms will control as to that portion of the BrandsMart Leasing Software and to the extent of the conflict.
You may need a BrandsMart Leasing account to use certain BrandsMart Leasing Services, and you may be required to be logged into the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Your credentials should be unique, difficult to guess, different from your other credentials, and should not be shared with others. BrandsMart Leasing does not sell or lease products or provide services to children. BrandsMart Leasing reserves the right to refuse service, terminate accounts, terminate your rights to use the BrandsMart Leasing Services, remove or edit content, or cancel orders in its sole discretion.
When you use apps created by BrandsMart Leasing you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. You can view permissions in apps created by BrandsMart Leasing by following these instructions.
For most Android devices:
Open the main Settings app.
Select Apps or Application Manager.
Select an app.
Scroll to Permissions to see the features the app has permission to use.
For most iOS devices:
Open the iOS Settings screen.
Select the app to see the features the app has permission to use.
For most Windows devices:
On the Start screen, tap or click Store to open the Windows Store.
Search or browse for an app, and then tap or click it.
Scroll to the Details section of the app's description page to see the features the app has permission to use.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE INFORMATION, CONTENT, SOFTWARE, APPLICATIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BRANDSMART LEASING SERVICES MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE BRANDSMART LEASING SERVICES AND WE MAY MAKE CHANGES TO THE BRANDSMART LEASING SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE BRANDSMART LEASING SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU ACKNOWLEDGE THAT THERE ARE INHERENT RISKS TO PROVIDING PERSONAL INFORMATION AND ACCOUNT NUMBERS OVER THE INTERNET. ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF. YOU AGREE TO DETERMINE WHETHER THE BRANDSMART LEASING SERVICES ARE SUFFICIENTLY SECURE TO MEET YOUR NEEDS. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA ACCESSED OR DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE BRANDSMART LEASING SERVICES. THE BRANDSMART LEASING SERVICES AND ALL INFORMATION, SOFTWARE, APPLICATIONS, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, APPLICATIONS, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED IN THE BRANDSMART LEASING SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRANDSMART LEASING, ON ITS OWN BEHALF AND ON BEHALF OF ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THIS AGREEMENT OR IN CONFORMITY WITH USAGE, EQUITY OR LAW, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, WORKMANSHIP, CONFORMITY, FITNESS FOR A PARTICULAR PURPOSE OR GENERAL PURPOSE, TITLE, OWNERSHIP, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AGENCIES, AND SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, (I) DAMAGES FOR LOSS OF USE, DATA, PROFITS, REVENUE, OR GOODWILL, (II) THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) PERSONAL INJURY, (IV) PROPERTY DAMAGE, (V) BUSINESS INTERRUPTION, OR (VI) COMPUTER, MOBILE DEVICE, OR ELECTRONIC DEVICE FAILURE OR MALFUNCTION, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BRANDSMART LEASING SERVICES, WITH THE DELAY OR INABILITY TO USE THE BRANDSMART LEASING SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE BRANDSMART LEASING SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, APPLICATIONS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BRANDSMART LEASING SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE BRANDSMART LEASING SERVICES, WHETHER BASED ON CONTRACT, EXTRA-CONTRACTUAL LIABILITY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND EVEN IF WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AGENCIES, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LOCAL LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BRANDSMART LEASING SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BRANDSMART LEASING SERVICES.
You agree to defend, indemnify, and hold Retail RTO Solutions, LLC d/b/a BrandsMart Leasing harmless (including our parents, subsidiaries, and affiliates, and all of our and their respective officers, directors, employees, agents, licensors, and suppliers) against all claims, losses, expenses, damages and costs (including reasonable attorneys’ fees) arising from or related to your use of the BrandsMart Leasing Services or breach of these Terms of Service. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with us in connection with our defense. Your indemnification obligation shall survive the termination of these Terms of Service.
DISPUTES/ARBITRATION/CLASS ACTION WAIVER
1. DISPUTES SUBJECT TO INDIVIDUAL ARBITRATION/ CLASS ACTION WAIVER YOU AND WE AGREE THAT ANY AND ALL DISPUTES ARISING OUT OF OR RELATING IN ANY WAY TO THE BRANDSMART LEASING SERVICES (“Disputes”) SHALL BE RESOLVED EXCLUSIVELY IN BINDING ARBITRATION RATHER THAN LITIGATION IN COURT. This Agreement to arbitrate applies to all Disputes, whether based in contract, tort, statute, or any other legal or equitable theory. Notwithstanding this Arbitration Agreement, you or BrandsMart Leasing may bring Disputes in an appropriate small claims court so long as the relief requested falls within the jurisdiction of the small claims court, but neither you nor BrandsMart Leasing may bring claims in any other court. You and we agree that any questions about the scope or enforceability of this Arbitration Agreement will be decided by a court, not the arbitrator. You agree that we may file a lawsuit in court to enjoin infringement or other misuse of intellectual property rights.
YOU AND WE EXPRESSLY AGREE THAT ANY DISPUTE RESOLUTION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY ABILITY TO BRING A CLASS OR REPRESENTATIVE ACTION IN ARBITRATION OR TO SEEK RELIEF ON BEHALF OF A CLASS IN ARBITRATION. YOU ALSO EXPRESSLY WAIVE ANY RIGHT TO BRING A CLASS ACTION IN COURT OR TO PARTICIPATE OR OBTAIN BENEFITS IN A CLASS ACTION SOMEONE ELSE BRINGS IN COURT. You and we acknowledge that this class action waiver is integral to the Arbitration Agreement. If a court or arbitrator determines that the class action waiver is invalid or unenforceable, you and we both agree that this Arbitration Agreement will not apply, and any Dispute shall be resolved in court. That is, you and we agree that this class action waiver cannot be severed from this Arbitration Agreement. It is the express intention of both parties not to proceed with any Dispute by way of class arbitration. We also both agree that you or we may bring suit to enjoin infringement or other misuse of intellectual property rights. Arbitration is a process to resolve disputes before a neutral person (an arbitrator) instead of having a trial in court with a judge and/or jury. THEREFORE, BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ARE WAIVING YOUR RIGHTS TO TRIAL BY JURY. YOU ARE ALSO WAIVING YOUR RIGHTS TO BRING CLAIMS IN COURT AND TO BRING OR PARTICIPATE IN A CLASS ACTION . An arbitrator can award the same damages and relief as a court except that, in the case of injunctive or declaratory relief, an arbitrator cannot issue an injunction or declaratory judgment that extends beyond you and BrandsMart Leasing and affects BrandsMart Leasing obligations or liability to other parties. An arbitrator can, however, issue an injunction or declaratory judgment on your claims so long as it is limited to providing you with individual relief. Arbitration is more informal than litigation and generally provides a quicker and more cost-effective way to resolve Disputes, but there is only limited discovery in arbitration, and there is only very limited review of an arbitrator’s decision.
2. ARBITRATION PROCEDURES AND RULES You and BrandsMart Leasing agree that this Arbitration Agreement is subject to and governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. Arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules and Consumer Related Disputes Supplemental Procedures. Those rules are available at www.adr.org. or by calling the AAA at 1-800-778-7879. A single arbitrator will decide our Disputes. To initiate an arbitration, you must file a demand for arbitration with the AAA, following the AAA’s rules and procedures as set forth at www.adr.org. Arbitration shall be held in the state in which you reside at the time you initiate the arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
3. COSTS AND ATTORNEY'S FEES IN ARBITRATION If you file an arbitration claim against BrandsMart Leasing hereunder, BrandsMart Leasing agrees to pay the AAA initial filing fee on your behalf for claims totaling less than $1,000, unless the arbitrator determines that the claims are frivolous. Except for such initial filing fee, you and we agree that we will each be responsible for our own costs and attorneys’ fees in arbitration. The arbitrator’s fees will be divided between us as set forth in the AAA’s Consumer Related Disputes Supplemental Procedures. If you are the prevailing party in the arbitration, BrandsMart Leasing agrees to pay you for any arbitrator fees you paid in the arbitration or to pay the arbitrator for any fees owed by you. If you prevail in the arbitration and are entitled to recover your attorneys’ fees or costs under an applicable statute or common law doctrine, then the arbitrator has the authority to award you such fees and costs but is not required to do so. BrandsMart Leasing agrees that it will not seek to recover its attorneys’ fees and costs from you even if it prevails in the arbitration and is entitled to recover those fees and costs under an applicable statute or common law doctrine, unless the arbitrator determines that the claims are frivolous.
CUSTOMER TRANSACTION - CONFLICTS
You expressly agree that these Terms of Service for use of the BrandsMart Leasing Services are independent and separate from the contract for a lease transaction that you enter into with us, including the BrandsMart Leasing Arbitration Agreement entered into in connection with a lease transaction. Any lease transaction with us is governed by your Lease Purchase Agreement, Rent to Own Agreement, Consumer Rental Purchase Agreement, Lease Agreement with an Option to Purchase, Lease Agreement, or Rental Purchase Agreement (as denominated under state law) and is the only contract between you and us with respect to the merchandise and services set forth in that contract. Nothing in these Terms of Service should be interpreted to change or modify any terms of that contract, or the BrandsMart Leasing Arbitration Agreement entered into in connection with a lease contract, or to create a separate contract between you and us regarding the lease transaction. In the event of any conflict between these Terms of Service and the contract covering your lease transaction or the BrandsMart Leasing Arbitration Agreement entered into in connection with a lease contract, the contract covering your lease transaction and such BrandsMart Leasing Arbitration Agreement, will apply and prevail.
When you use the BrandsMart Leasing Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on or through the BrandsMart Leasing Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your cellular provider's message & data rates may apply to your use of the BrandsMart Leasing Services, and payment is your responsibility.
TEXT/SMS WIRELESS CALLING POLICY
All Messages : Your cellular provider's message & data rates may apply, and payment is your responsibility. Text messages will be sent via automatic telephone dialing system or through other automated software. BrandsMart Leasing cannot guarantee message delivery. You agree to notify us immediately if you change your mobile phone number. If we modify this Text/SMS Wireless Calling Policy, we will notify you by sending you a text message with a link to the new policy. We may terminate our text message program at any time.
Opt-Out : If you wish to stop receiving Account Communications text messages, reply to any text message we send to you by texting the word STOP. You agree to receive a final text message confirming your opt-out.
Help or Support : If at any time you need additional information or information on how to stop text messages, reply to any text message we sent to you and send a text message with the keyword HELP, or call us at 1-844-641-5152.We can answer any questions you may have regarding the program.
Participating Carriers : AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, C Spire Wireless, Carolina West Wireless (CWW), CellCom USA, Google Voice, U.S. Cellular, ACS/Alaska, Advantage Cellular (DTC Wireless), Aio Wireless/Cricket, Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Cellular Network Partnership (PIONEER), Cellular One of East Central Illinois, Chariton Valley Cellular, Chat Mobility USA, ClearTalk(Flat Wireless), Copper Valley, Coral Wireless (Mobi PCS), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State Cellular, i Wireless (IOWA Wireless), Illinois Valley Cellular (IV Cellular), Immix(Keystone Wireless), Inland Cellular Telephone Company, Leaco, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Northwest Missourri Cellular Limited, Panhandle Telecommunications Systems(PTCI), Peoples Wireless, Pine Belt Wireless, Pine Cellular, Revol Wireless USA, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Texas RSA 3 Ltd(Plateau Wireless), Thumb Cellular, Union Telephone Company(Union Wireless), United Wireless, Viaero Wireless, West Central Wireless (5 Star Wireless).
Participating carriers are not liable for delayed or undelivered messages.
SANCTIONS AND EXPORT POLICY
You may not use any of the BrandsMart Leasing Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the BrandsMart Leasing Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including BrandsMart Leasing Software), technology and services.
For questions about these Terms of Service, the BrandsMart Leasing Services, or if you believe that we have not adhered to these Terms of Service, please contact us at Retail RTO Solutions, LLC d/b/a BrandsMart Leasing, Legal Department, 400 Galleria Pkwy SE, Suite 300, Atlanta, Georgia 30339 or at email@example.com . We will use commercially reasonable efforts to respond to and remedy any problems. Last Updated May 1, 2022.