Read This Document Carefully Before Using This Site! It Contains Important information about your rights and obligations.
Introduction. Welcome to a Big Lots® ("Big Lots," "us" or "we") web site ("Site"). By using the Site, you agree to this User Agreement ("Agreement"). If you do not agree to this Agreement, do not use the Site. We may revise this Agreement at any time by updating this page. By using the Site, you agree to be bound by any such changes.
Providers. We use third parties to operate the Site, collect information, conduct marketing and research, and perform other services for us. We refer to those third parties collectively in this Agreement as our "Providers."
Eligibility for Use. You must be at least eighteen (18) years old and located within the United States or one of its territories to use the Site.
Your use of the Site will fully comply with all applicable laws, rules and regulations and this Agreement. The following requirements and other provisions of this Agreement will not limit the generality of this requirement.
If you choose to provide us with information about yourself, it will be true and up-to-date.
You will not impersonate any other person while using the Site.
You will not upload, post, email or otherwise send to us, to the Site or to any other person via the Site, any material that:
Contains viruses, bugs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Infringes on the intellectual property rights or other rights, including privacy or publicity rights, of any person or entity; or
Is abusive, illegal, libelous, defamatory, obscene, threatening or otherwise unacceptable to us, in our sole discretion.
We reserve the right to block or remove communications or materials that we determine, in our discretion, to be inappropriate, unacceptable or in violation of this Agreement. By submitting material to the Site, you grant us the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote the material in any medium. Once you submit material, we do not need to give you any further right to inspect or approve uses of such material or to compensate you for any such uses. We own all right, title and interest in any compilation, collective work or other derivative work created by us using or incorporating material posted on the Site.
The Buzz Club® and Buzz Club Rewards™ Programs By joining the Buzz Club or Buzz Club Rewards programs, you agree to this Agreement. References in this Agreement to Site users include Buzz Club and Buzz Club Rewards members, including those who joined at one of our stores. Similarly, references to use of the Site include Buzz Club and Buzz Club Rewards membership. In addition to the other provisions of this Agreement, you agree that:
Your Buzz Club and/or Buzz Club Rewards membership is not transferable.
You are responsible for keeping your contact information up-to-date. You may do this by going to the My Account page at www.biglots.com.
If you wish to terminate your Buzz Club and/or Buzz Club Rewards membership, you may make your request through the "Contact Us" link at www.biglots.com.
We may terminate your membership in our discretion, as explained below.
In-Store Availability. Due to the nature of our business, the products and quantities at each Big Lots store may vary. Products shown on the Site may not be available at all Big Lots stores. We are not creating an offer for sale by describing or displaying products on the Site. If a product shown on the Site is available in Big Lots stores, we may not have enough in stock to fill your order and the in-store prices may differ from the prices on the Site. Should you have any questions regarding the products available at our stores, please visit your local Big Lots store.
Product Descriptions and Displays; Returns. We and our Providers attempt to ensure that product descriptions and images on the Site are as accurate as possible. However, we and our Providers do not warrant that product descriptions, images, or other content are accurate, complete, reliable, current, or error-free. Moreover, we and our Providers cannot guarantee that the color you see matches the product color, because how the color appears on your screen depends, in part, upon the screen you are using. If a product offered for sale is not as described, your sole remedy is to return it in accordance with our Return Policy, which is made a part of this Agreement. Products purchased must be returned at our stores and cannot be returned via mail or other means.
Pricing and Errors. Prices and availability of products are subject to change without notice. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
Limitations. Due to the nature of our business, there may be limitations on quantities available for purchase, or inaccuracies or errors in product or pricing information. No rainchecks will be issued. Moreover, we reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order.
Intellectual Property. The entire content of the Site, including but not limited to, text, graphics and code, is our property and is protected under applicable copyrights, patents and other proprietary and/or intellectual property rights. All content is Copyright 2008-2010, Big Lots Stores, Inc., Big Lots Online LLC and/or their affiliates. ALL RIGHTS RESERVED. We grant you permission to print hard copy portions of the Site solely for your own personal, non-commercial use, provided that you do not change the content that we provide on the Site or change or delete any proprietary notices from downloaded or printed materials. You do not acquire ownership rights in any downloaded materials or software as a result of any such downloading or copying. Any other use of the Site and/or its content is strictly prohibited, unless expressly permitted by us on the Site or authorized by us in writing.
Trademarks. All trademarks, service marks and trade names of Big Lots used on the Site, including but not limited to BIG LOTS, BIG LOTS!, BIG!LOTS, BIG LOTS! FURNITURE, BIG LOTS WHOLESALE, BUZZ CLUB, BUZZ CLUB REWARDS, BRAND NAMES. CLOSEOUT PRICES, THE WORLD'S BEST BARGAIN PLACE, WISCONSIN TOY, CONSOLIDATED INTERNATIONAL, THINK EXTREME VALUE! THINK BIG LOTS!, ANITA DEAL, and REAL LIFE, REAL SAVINGS, BIG LOTS! THE REAL DEAL, are trademarks or registered trademarks of Consolidated Property Holdings, Inc. or their respective owners in the U.S. and/or other countries. They may not be used without our prior express written permission. Other product and company names mentioned on the Site are the property of their respective owners, who may not be affiliated with, connected to or endorsed by us.
Third-Party Claims; Indemnification. You agree that you are responsible for your actions and behavior in connection with the Site. We and our Providers shall not be liable for claims made against you, us or our Providers arising out of your use of the Site, and you hereby agree to indemnify, defend and hold us and our owners, shareholders, directors, officers, employees, subsidiaries, affiliates, agents and Providers harmless from and against any claim or cause of action, including reasonable attorneys' fees and costs, made by any third party due to or arising, directly or indirectly, in whole or in part, out of your use of the Site, the use of the Site by any other person who accesses it using your account information or your violation of this Agreement.
Your Account Information. It is your responsibility to maintain the confidentiality of your Site account information, including information provided in connection with your Buzz Club or Buzz Club Rewards membership, and you are responsible for all use of the Site accessed through it. You agree to immediately notify us of any unauthorized use of your account or any other actual or suspected breach of Site security.
Warranty Disclaimer & Liability Limit. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE PRESENT THE SITE "AS IS" AND "AS AVAILABLE" AND WE AND OUR PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY IN CONNECTION WITH THE SITE AND YOUR USE OF IT. WE AND OUR PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL PRODUCTS AND SERVICES PURCHASED FROM BIG LOTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED ON THE SITE OR PURCHASED FROM BIG LOTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE AND OUR PROVIDERS MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
PRODUCT INFORMATION ON THE SITE IS OBTAINED FROM VARIOUS SOURCES, INCLUDING DESCRIPTIONS MADE AVAILABLE BY EACH PRODUCT'S MANUFACTURER. WE AND OUR PROVIDERS ASSUME NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER.
We and our Providers assume no liability or responsibility to you for any errors or omissions on the Site; any failures, delays or interruptions in the Site's accessibility; any losses or damages arising from the use of the Site; any conduct by other users of the Site; or unauthorized access to or use of our Site or servers. We reserve the right to deliver the Site in our sole discretion. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR PROVIDERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT. Some jurisdictions do not allow the disclaimer of certain warranties, so some of the above exclusions may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR IN CONNECTION WITH THE SITE OR THIS AGREEMENT, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. THE NEGATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some states do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you, in which case our liability and our Providers' liability shall be limited to the maximum extent permitted by applicable law.
Securities Laws. The Site may include statements concerning Big Lots' operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on the Site, words like "anticipates," "expects," "believes," estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site, and the information contained herein, does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.
Information About Us; Press Releases. The Site contains information about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information and news articles not drafted by us and information about companies or individuals other than Big Lots contained in the press releases or otherwise should not be relied upon as being provided or endorsed by us.
Termination; Modification. We reserve the right in our sole discretion to terminate or restrict your use of the Site and/or Buzz Club and/or Buzz Club Rewards membership, for any or no reason, and without notice, obligation or liability to you or any other person. In addition, we reserve the right in our sole discretion to terminate or modify any Site feature or offering, including, without limitation, the Buzz Club and Buzz Club Rewards program, for any or no reason, and without notice, obligation or liability to you or any other person.
Electronic Notices. By using the Site, you agree to receive electronic communications from us and/or our Providers. You agree that any notice, agreement, disclosure or other communication that we or our Providers send you electronically (whether or not you actually receive such communication) will satisfy any legal communication requirements, including that such communications be in writing.
No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement or your use of the Site.
Linking to the Site. Creating or maintaining any link from another site to any page on the Site without our prior written permission is prohibited. Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another site without our prior written permission is prohibited. Any permitted links to the Site must comply with all applicable laws, rules and regulations.
Links to Other Websites. The Site may contain links to third-party websites, which are provided for your convenience only. We have no control over these linked sites, all of which have their own user agreements, privacy policies and data collection practices. You access them at your own risk. Inclusion of any linked third-party website on the Site does not imply our approval or endorsement of the site.
Copyrights and Copyright Notices. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been used on the Site in a way that constitutes copyright infringement, please provide us with all of the following information in writing:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of your work;
A description of the material that you claim to be infringing, as well as its location on the Site;
Your name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use of the materials is not authorized by the copyright 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 copyright owner or authorized to act on the copyright owner's behalf.
Notices must be sent to: General Counsel, Big Lots, 300 Phillipi Road, Columbus, Ohio 43228.
Disputes. Your use of the Site shall be governed by the laws of the State of Ohio, without regard to choice of law provisions. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of or relating to the Site shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Franklin County, Ohio. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Any cause of action or claim you may have with respect to the Site must be instituted within one (1) year after the claim or cause of action arose or be forever waived and barred.
Miscellaneous. Headings are for reference purposes only and in no way define or limit the scope of such provision. If any part of this Agreement is held to be invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall be enforced. This Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of that or any other provision.
Contact Us. If you have any questions about this Agreement, please click "Contact Us" on the Site, or contact us via e-mail at talk2us@BigLots.com or regular mail at:
Attn: Customer Service
300 Phillipi Road
Columbus, OH 43228-5311
Effective Date. This Agreement is effective beginning on October 13, 2010.