GRANT OF LICENSE
BigBolts.com grants you a single, non-exclusive, limited personal license to access and use the Website conditioned on your continued compliance with the terms and conditions in these Terms.
ACCESSING THE WEBSITE
With the exception of applications commonly known as Web Browser software, or other applications formally approved by BigBolts.com in writing, you agree not to use any software, program, application or any other device to access or log on to BigBolts.com’s computer systems, Website or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from BigBolts.com’s computer systems, Website or proprietary software. BigBolts.com is not responsible for, and makes no warranties regarding, the access, speed or availability of the Internet in general or the Website in particular.
You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on either; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code.
Much of the information on the Website is updated on a real time basis and is proprietary or may be licensed to us by others. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Website without our prior written permission, or that of the appropriate third party. 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 BigBolts.com and our affiliates without express written consent. You may not use BigBolts.com’s name, trademarks, service marks, logos, designs, slogans or any other words or codes identifying BigBolts.com in any meta tags, "hidden text," information used by search engines or other information tools to identify and select sites without the express written consent of BigBolts.com.
INFORMATION AND PRODUCT DESCRIPTIONS
The Website may make available certain data, news, research, statistics, stories, photographs and opinions or other information (collectively "Information") that it has prepared itself or that has been independently obtained by other services and individuals, including news wires, statistics providers, journalists, authors and other providers (collectively the "Information Providers"). We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Information made available through BigBolts.com, the Information Providers or any other third party transmitting the Information (the "Information Transmitters"). You agree that neither BigBolts.com, the Information Providers nor the Information Transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither BigBolts.com, the Information Providers nor the Information Transmitters will be liable in any way for the interruption of any data, Information or other aspect of the Website. You understand that none of the Information available through the Website constitutes a recommendation or solicitation to take or not take any particular action.
Further, BigBolts.com does not warrant that product descriptions on the Website are accurate, complete, reliable, current or error-free. If a product offered by BigBolts.com is not as described, your sole remedy is to return it promptly in unused condition.
OTHER BUSINESSES AND LINKS
BigBolts.com may provide a link to other services or sites as part of the Website. Such sites are not under the control of BigBolts.com and BigBolts.com makes no representations or warranties whatsoever of the offerings of, any of these Websites, businesses or individuals or the content of their Websites. Unless we expressly state otherwise, the fact that BigBolts.com has provided a link to a site is not an endorsement of the service or site, its content or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of BigBolts.com so long as the link does not portray BigBolts.com, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use the BigBolts.com logo or other proprietary graphic or trademark as part of the link without express written permission. You may further not present the link to BigBolts.com in any way that suggests BigBolts.com has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS
THIS WEBSITE IS PROVIDED BY BIGBOLTS.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIGBOLTS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BIGBOLTS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIGBOLTS.COM DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIGBOLTS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold BigBolts.com and its affiliates, officers, directors, members, agents, employees, and licensors harmless from any claim or demand, including attorneys' fees, made by any third party arising out of your violation of these Terms.
This Website, its content and compilation of content, and all software used on the Website is owned by BigBolts.com or its affiliates or agents and is protected by United States Copyright Act of 1976, as amended, and the copyright laws of other countries. All content, logos, designs and icons are proprietary to BigBolts.com or its affiliates or agents. The materials provided in this service, including graphic images, buttons and text, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, without the prior written permission, except that you may download, display, or print one copy of the materials on a single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of BigBolts.com’s, its affiliates' or its third party information providers' copyrights and other proprietary rights.
BigBolts.com and other marks (including graphics, logos, page headers, button icons, scripts and service names) indicated on our Website are trademarks or trade dress of BigBolts.com in the United States and other countries. BigBolts.com‘s trademarks and trade dress may not be used in connection with any product or service that is not BigBolts.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BigBolts.com or the Website. All other trademarks not owned by BigBolts.com that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BigBolts.com.
MODIFICATIONS TO THE WEBSITE
BigBolts.com reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Website with or without notice. You agree that BigBolts.com will not be liable to you or to any third party for any such modification, suspension or discontinuance.
The license granted under these Terms will terminate if you fail to comply with any term or condition. Upon such violation, you agree to terminate access to the Website. You further agree that BigBolts.com, in its sole discretion and with or without notice, may terminate your access to the Website, and remove and discard any information or content within the Website. You also agree that BigBolts.com will not be liable to you or any third-party for any termination of your access to the Websites.
These Terms shall be subject to and construed in accordance with the laws of the State of Ohio, excluding its conflict of law principles. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
AGREEMENT TO ARBITRATE CONTROVERSIES
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential arbitration in Ohio, except that, to the extent you have in any manner violated or threatened to violate BigBolts.com’s intellectual property rights, BigBolts.com may seek injunctive or other appropriate relief in any state or federal court in the state of Ohio, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Last Updated: February 1st, 2014
WHAT INFORMATION DO WE COLLECT ABOUT OUR CUSTOMERS?
The information we learn from customers helps us enhance and personalize the Store and the services we offer. We gather the following types of information:
- Information You Give Us.
- We receive and store any information you enter on our Store or provide us in any other way (e.g., by telephone or email). This may include information you provide when you register as a member, engage in transactions, search, contact customer service, or participate in contests, promotions, surveys, requests for suggestions or other features or services offered by us. As a result, you may be supplying us with such information as your name, address and phone numbers; credit/debit card numbers, expiration date and other billing information; people to whom purchases will be shipped, including addresses and phone numbers; purchase history; and names and email addresses of friends, possible Refer-a-Friend customers and other people.
- Automatic Information.
- We automatically receive and store certain types of information whenever you interact with us. For example, as most websites do, we use "cookies" and other technologies to obtain certain types of information when your computer, mobile phone or other device (each, a "Device") accesses our Store. This information is compiled and analyzed on both a personal and an aggregated basis, and it may include the Website's Uniform Resource Locator ("URL") that you just came from, which URL you go to next, what browser you are using, and your Internet Protocol ("IP") address. Other examples of automatic information we may collect are purchase history, products viewed or searched for, visits to certain pages, page interaction information and the phone number you used if you called our toll-free number. We associate the information we store in cookies with personally identifiable information you submit while on our Store. During some visits, we may also collect technical information from your Device to help us identify your Device for fraud prevention purposes.
- Mobile Devices.
- If you use a mobile Device to access our Store, we may collect certain information in addition to what we collect when you use other kinds of Devices to access our Store. We may receive information about your location and your mobile Device, including a unique identifier for your Device, your mobile operating system and the type of mobile Internet browser that you use. We may at times use this information to provide you with location-based services and information, such as advertising, search results, and other personalized content. Most mobile Devices provide users with the ability to disable location services. If you have questions about how to disable your Device's location services, we recommend you contact your mobile service carrier or your Device manufacturer.
- Information Provided by Third Parties.
- We may obtain certain information about customers from third parties. This may include updated delivery or address information from carriers and information (including name and email addresses) of possible Refer-a-Friend customers from current customers.
We use small text files called "cookies" that provide non-personally identifiable information to us regarding visitors to the Store. In addition to the URL and IP addresses of our visitors, cookies may be used to gather the date and time of all visits to our Store. We may also track the pages of our Store that users viewed during their visit, or track search terms entered on our Store by that visitor. This helps us keep track of the number of visitors to our Store and allows us to gauge the areas that are of the most interest to our visitors.
We also use Local Shared Objects (commonly known as Flash cookies) for fraud prevention and other purposes. Flash cookies are small data files that a website or App stores on your Device. These files may contain information about your online browsing activities and preferences.
HOW DO WE USE INFORMATION WE COLLECT AND DO WE SHARE THE INFORMATION WE RECEIVE?
Information about our customers is an important part of our business. We use information we collect from the Store to communicate with you, to process your orders, to provide an enhanced and more personalized interactive shopping experience, to facilitate your transactions with our third party marketing partners and to inform you of offers and discounts. For example, you can expect to receive a welcoming email to confirm your username and password. Additionally, we communicate with you in response to your inquiries, to provide the services you request and to manage your account. We also send service-related announcements on occasions such as when we need to temporarily suspend the website, App or other service for maintenance. We also will send you promotional emails on occasion. Generally, you may not opt out of service-related communications, which are not promotional in nature. If you do not wish to receive them, you have the option to terminate your account. Your account is with BigBolts.com, the owner and operator of the Store, and not with the individual Store; and the information collected through the Store is used by BigBolts.com for purposes by its Store and other services. However, you can opt-out of direct promotional communications from the Store by following the unsubscribe instructions within each communication from the Store or emailing us at [email protected].
We share customer information with third parties only as follows:
- Promotional Offers.
- We periodically provide our customers with information about third party products and services we believe will be of interest to you and with opportunities to participate in offers and/or promotions on behalf of other businesses. Your participation in these events may require us to share data with such a business. If you do not want to receive such information or offers, on behalf of third parties or otherwise, please opt-out during registration, email us later at [email protected], or follow the unsubscribe instructions within each communication.
- Reviews/Share This/Testimonials.
- When you use "ShareThis" to post to social networking sites or to tell your friends about our Store, the information is collected by a third party site to facilitate your postings. "ShareThis" allows you to enter your friend's email address and/or import email contacts from various email service providers. Once the email addresses are imported, you must manually click on each email address you wish to send a communication to. Please note that these third party sites' privacy policies govern the collection and use of the information collected on those sites. You should be aware that any personally identifiable information you submit can be read, collected or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums. When seeking or receiving customer testimonials or feedback, we disclose that we may post their first name along with all or a portion of their testimonial on the Store unless they inform us otherwise by following the instructions we provide.
- In the event that our Store, all or substantially all of its respective assets, or a line of business of our Store, is acquired, individually identifying information of our members may be one of the assets sold in connection with that transaction, without notice to you or your consent. We will notify users of the Store of such a change in ownership or transfer of assets by posting a notice on the Store.
- In the unlikely event of our bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred or used. Therefore, you should know that in such event, your personal information may be treated like any other asset of BigBolts.com, and sold, transferred or shared with third parties, or used in ways not contemplated or permitted hereunder, without notice to you or your consent.
- Protection of our Website and Others.
HOW SECURE IS THE PERSONAL INFORMATION YOU COLLECT?
We have taken precautions, including the deployment of technological resources and the use of firewalls, systems and procedures, to protect the security of your personal information. When you enter credit card information on our Store, it may be stored so that you do not have to re-enter it every time you order, but it is encrypted when stored. While no security system is absolutely foolproof, we are constantly reviewing, refining and upgrading our security technology to protect your privacy. When you open an account with our Store, you are issued a password by which to access and secure your account and account information. Although we have taken these precautions, you are responsible for maintaining the secrecy of your password, which should not be disclosed by you. When using a shared Device, always be sure to sign off when finished.
CHANGING YOUR PERSONAL INFORMATION
You may review, change or correct your personally identifying information at any time by accessing your account information on the Store or calling us at the contact information below. You are responsible for maintaining the accuracy and completeness of your personal and other information, including your email address, and we urge you to review your information regularly to ensure that it is correct and complete.
CONDITIONS OF USE, NOTICES AND REVISIONS
If you have any questions or concerns regarding privacy at BigBolts.com, please contact us at [email protected] or call us at 1-855-424-4265.