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 or shopping on 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.”
Privacy. Any information that you submit to us or our
Providers or that we or our Providers collect through the Site is subject to the
Site’s Privacy Policy, the terms of
which are incorporated into this Agreement.
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 or shop on the Site.
User
Communications. Other than personally identifiable
information, which is subject to the Site's Privacy
Policy, any material, information, suggestions, ideas, concepts,
know-how, techniques, questions, comments or other communication you transmit
or post to the Site in any manner ("User Communications") is and will
be considered non-confidential and non-proprietary. We may, without notice, compensation or
acknowledging you, use any or all User Communications for any purpose
whatsoever, including, without limitation, reproduction, transmission,
disclosure, publication, broadcast, development, manufacturing and/or marketing
in any manner whatsoever for any or all commercial or non-commercial
purposes. We may, but are not obligated
to, monitor or review any User Communications.
We will have no obligation to use, return, review, or respond to any
User Communications. We will have no
liability related to the content of any such User Communications, whether or
not arising under the laws of copyright, libel, privacy, obscenity
or otherwise.
Your
Conduct.
·
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:
o
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;
o
Infringes on the intellectual property
rights or other rights, including privacy or publicity rights, of any person or
entity; or
o
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 ClubTM Program. By joining the Buzz Club
program, you agree to this Agreement.
References in this Agreement to Site users include Buzz Club members, including
those who joined at one of our stores.
Similarly, references to use of the Site include Buzz Club membership. In addition to the other provisions of this
Agreement, you agree that:
·
Your Buzz Club membership is
not transferable.
·
Consistent with our Privacy Policy, you agree
to receive marketing communications from us.
·
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 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 in Big Lots stores.
Unless specifically offered for sale on the Site (and a sale can be
executed through the Site), 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 on the Site is not
as described, your sole remedy is to return it in accordance with our online Return Policy, which is made a part of this
Agreement. Products purchased online
cannot be returned to our stores.
Products purchased at our stores are subject to the return policy
available at our stores and cannot be returned via mail or other means to the
Site or our Providers.
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. If after you place an order online, we
determine that the product’s correct price is higher than the stated price, we
may, at our discretion, either contact you for instructions before shipping or
cancel your order and notify you of such cancellation.
Order
Acceptance and Limitations.
Please note that there may be certain orders that we are unable to
accept and must cancel. For example,
there may be limitations on quantities available for purchase, or inaccuracies
or errors in product or pricing information.
Moreover, we reserve the right, at our sole discretion, to limit the
quantity of items purchased per person, per household or per order. These
restrictions may be applicable to orders placed by the same account, the same
payment method, and also to orders that use the same billing and/or shipping
address. We reserve the right, at our
sole discretion, to refuse or cancel any order for any reason. You will not be charged until your payment
method is authorized, the order information is verified for accuracy and your
order is shipped (however, if you pay with a debit card, a hold in an amount
equal to the total purchase price will be placed on your account).
Risk
of Loss and Title.
When you place an order from the Site, it will be shipped to an address
designated by you (as long as that shipping address is compliant with any
shipping restrictions contained on the Site).
All purchases from the Site are made pursuant to a shipment
contract. As a result, risk of loss and
title for items purchased from the Site pass to you upon delivery of the items
to the carrier. You are responsible for
filing any claims with carriers for damaged and/or lost shipments.
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. Certain code on our ShopBigLots.com web site
is Copyright 1999-2008, GSI Commerce Solutions, Inc. or its affiliates and
suppliers. All other content is Copyright
2008, 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, SHOPBIGLOTS.COM, BIG LOTS FURNITURE, BIG LOTS
WHOLESALE, BUZZ CLUB, BRAND NAMES. CLOSEOUT PRICES, WORLD’S BEST
BARGAIN PLACE, WISCONSIN
TOY, CONSOLIDATED INTERNATIONAL, 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, 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 ON OR THROUGH THE SITE 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 OR PURCHASED ON OR THROUGH THE SITE. 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 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 program, without notice, 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:
Big
Lots
Attn: Customer Service
300
Phillipi Road
Columbus,
OH 43228-5311
Effective
Date. This Agreement is effective beginning on October 21, 2008.