Terms & Conditions
Last Updated: October 2016
From time to time, the terms and policies will be updated in whole or in part, at which time the new date will be reflected above in the “Last Updated” section. Updated terms and policies will immediately replace and supersede any prior Agreements, unless otherwise noted. If we determine the updates are material, then we may choose to place a notice on the Site by: (i) revising the link on the homepage with the qualifying term “New,” “Updated,” or other similar language for a reasonable period of time, or (ii) sending electronic correspondence to customer accounts. Accordingly, if you use the Site after an update is published, then you will unconditionally agree to be bound by the updated terms and policies.
Notice of Arbitration
Arbitration is a form of alternative dispute resolution and is often considered a faster, more convenient, and less expensive way to resolve disputes. We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. However, if those efforts fail, then any and all complaints, disputes, disagreements, controversies or claims arising from or relating to this Agreement or related to any services rendered shall be settled exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). You agree to bring any dispute in Arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, you hereby waive any right to a jury trial or to participate in a class action against the Company. In addition, you agree that the Company may bring suit in court to enjoin infringement or other misuse of intellectual property rights. No demand for Arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitations.
The Arbitration tribunal will consist of one arbitrator. Arbitration will be held in a location mutually agreed to by the parties (including by written submissions, telephone, or video conference), but if the parties cannot mutually agree to the final location, then JAMS will determine the location. Moreover, you will not have the right to bring or participate in any class action or similar proceeding in court or in Arbitration. The prevailing party shall bear any and all Arbitration-related costs, fees, and expenses.
The Arbitrator shall apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles. The Arbitrator shall not have the power to consolidate or join the claims of other persons or parties who may be similarly situated and shall not have the power to award punitive damages. If any part of this Notice of Arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this Notice of Arbitration provision shall remain in effect. Nevertheless, nothing herein shall prevent any party from seeking provisional remedies in aid of Arbitration from a court of appropriate jurisdiction.
To begin an Arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent:
Big Star Clothing, Inc.
Attn: Legal Counsel
Re: Arbitration Request
2741 Seminole Avenue
South Gate, CA, 90280
THIS NOTICE OF ARBITRATION PROVISION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Use of this Site
You agree to use this Site in good faith for only the purposes intended by the Company, which shall be apparent and shall include but not be limited to window shopping, shopping, and participating in promotional activities. The Site may offer a forum for comments, feedback, or submissions related to our products and services, and you agree you will only use such forum appropriately; in no case shall comments, feedback, or submissions be libelous, abusive, obscene, profane, pornographic, offensive, irrelevant, infringing, computer coded, or otherwise unlawful.
Visitors and Customers to the Site are prohibited from violating or attempting to violate the security of the Site or services, and certain actions may result in civil or criminal penalties. As a non-exhaustive list, you agree:
– not to use any “deep-link”, “robot”, or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Site;
– not to gain or attempt to gain unauthorized access to any portion or feature of the Site, or any other system or network connected to the Site or to any of our third-party business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data;
– not to probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
– not to reverse look-up, trace or seek to trace any information on any other visitor to the Site, or any other customer of Company, including any customer account that is not held by you, in any way where the purpose is to discover materials or information, including but not limited to pii or other information that reasonably could be used to connect non-personal information to pii;
– not to take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack;
– not to use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of the Site or any transaction occurring on the Site, or with any other person’s use of the Site;
– not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site; and/or
– not to impersonate or pretend that you are any other person or falsely claim you represent another person.
In any case, we reserve the right to take measures to prevent any such activity. Company will not be liable if any losses or damages arise from failure to comply with any of the Site terms and policies.
You agree to defend, indemnify and hold Company harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, due to your use of this Site and/or your breach of any representation, warranty, or other provision of the Agreement.
Unless otherwise stated, the design of the Site, the Site as a whole, and all materials that are part of the Site (collectively “Contents”) are copyrights, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by Company. As a result, any use of the Contents without our express written consent is strictly prohibited, except for usage allowed pursuant to these terms and policies and under the law. The Contents are intended solely for your personal, noncommercial use. Although you may download or copy the Content and other downloadable materials displayed on the Site for your personal use only, in no situation will any rights, title, license, or interest in any downloaded or copied Content be transferred to you and we will remain the sole and exclusive owner of the Contents.
All product specifications, images, prices, features, and any other services described or depicted on the Site are subject to change at any time without notice. We care about our customers and make all reasonable efforts to accurately display the attributes of our products, including the color(s); however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services in the Site at a particular time does not imply or warrant that these products or services will be available at any time, and we reserve the right to remove products at any time for any reason.
From time to time, there may be unintended typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Sometimes there may be intentional price differences between the Site and in-store for the same product. We reserve the right to correct any errors, inaccuracies, omissions, change or update information, or cancel orders if any information on this Site is inaccurate at any time without prior notice and appreciate your understanding.
Infringement Notification: If you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please provide our designated agent with the following information:
– your contact information (ie. name, email address, telephone number, and address);
– a description of the copyrighted work of concern;
– a link to the location(s) on the Site of the copyrighted work of concern;
– a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
– a signed statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright owner (or authorized to act on behalf of the copyright owner)
The foregoing information (“DMCA Notice”) should be sent to our “Designated Agent” as follows:
Big Star Clothing, Inc.
Attn: Legal Counsel – DMCA Agent
RE: DMCA NOTICE
2741 Seminole Avenue
South Gate, CA 90280
Counter-Notice: If your work has been removed due to a DMCA Notice pursuant to the foregoing procedure, and you believe that your content is not infringing, then you may send a counter-notice (“DMCA Counter-Notice”) to our Designated Agent (contact information above) containing the following information:
– Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
– A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
– Your contact information (e. name, email address, telephone number, and address), a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
– Your physical or electronic signature.
If a DMCA Counter-Notice is received by our Designated Agent, then Company may send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may replace the removed content or cease disabling it a reasonable time period. Unless the alleged copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in a reasonable time period after receipt of the DMCA Counter-Notice, at the sole discretion of Company.
When an order is placed on the Site, we will ship the products to the address designated by you as long as that shipping address is within the approved shipping territories and compliant with domestic or international shipping requirements. Occasionally, we may require verification of information prior to the acceptance and/or shipment of any order. It is prohibited to order any merchandise from Site with the intent to re-sell such unused merchandise for a profit. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. The risk of loss for purchased product(s) passes from us to you as soon as we provide the carrier the purchased product(s). As a result, you will need to file claims directly with the carrier for any loss or damages that occurred while the purchased product(s) were in the possession of the carrier.
Products, Content, Specifications and Accuracy of Information
We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. All features, content, specifications, products, colors and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. The actual color you see, however, will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Site at a particular time does not imply or warrant that those products or services will be available at any time. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and in our sole and absolute discretion, to limit the order quantity on any product or service, to refuse service to any customer and/or to refuse access to the Site by any visitor or customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Although we do our best to monitor links to our Site, it is impossible to locate and regulate third-party links to the Site. As a general policy, to create or maintain a link from another website to any page of our Site is prohibited without our prior written permission. Any permitted links must comply with all applicable federal and state laws, statutes, rules, and regulation. For example, the permitted link to the Site must not damage, dilute, or tarnish the goodwill associated with our intellectual property, nor may the link create the false appearance that the linked website and/or organization is sponsored, endorsed by, affiliated and/or associated with us. Naturally, we are not responsible for the content or performance of any portion of the internet, including other world wide websites to which this Site may be linked, or from which this Site may be accessed. Please inform us of any errors or inappropriate material found on websites to which this Site is or appears to be linked.
At times we may include links to other websites that are not owned, operated, or controlled by Company or our affiliated third-party business partners. These links are typically for your convenience only, and we will not be responsible for any content, materials, information, or events present on third-party websites, even if they are linked to our Site.
The Site or other affiliated third-party Sites may contain sweepstakes, contests, or other promotions (“promotional activities”) that require you to send material or information about yourself. Please review the applicable rules, terms, and/or disclaimers that govern the relevant promotional activities and understand that participation is your unconditional agreement and acceptance thereto.
Gift certificates, also referred to as “gift cards,” purchased online will only be redeemable for product purchases made on the Site and may not be used towards the purchase of another gift certificate. All gift certificates purchases are Final Sale, non-transferable, non-refundable, and not redeemable for cash, except as required by law. Gift certificates may not be resold by any unauthorized vendor. Any unused balance of the gift certificate will be placed in the recipient’s gift certificate account. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. We are not responsible for lost or stolen gift certificates.
Except where expressly provided otherwise by us, all comments, feedback, information and data submitted to us through, in association with or in regard to the Site and/or any other of our goods or services (“Submissions”) shall be considered non-confidential and our property. This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method we see fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to us, you agree to assign to us, as consideration in exchange for the use of the Site, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant us these rights. We shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not us, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity
We do not accept Submissions from persons under the age of 14 (“Child” or “Children”). If you are under the age of 18, you must have your parent or legal guardian set up your account and have them agree to these terms. If you are under the age of 18, your parent or legal guardian’s consent to these terms is ongoing and they hereby warrant that they will review these terms for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these terms. Furthermore, to the extent any user under the age of 18 makes a Submission of copyrighted materials heretofore, their parent or legal guardian hereby grants us all rights to utilize the copyright and image / likeness embodied therein as further enumerated in this Agreement.
All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, we reserve the right to cancel or suspend your account. Furthermore, we reserve the right to cancel or suspend your account, if in its sole discretion, it believes you are using the Site for improper purposes, or any purpose inconsistent with its business.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE OF OUR LIABILITY EXCEED $1,000.00. IN NO EVENT SHALL WE OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF YOUR BREACH, OR RELATED TO YOUR INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.
Licenses from Us
You are being granted solely a revocable, limited license, in compliance with these terms.
Licenses from You
Intellectual Property Notices
Elements of the Site are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by us.
The BIG STAR and BIG STAR 1974 trademarks and/or other identifiers referenced herein are trademarks of ours and/or our affiliates, and may be registered in certain jurisdictions.
Copyright © 2016 Big Star Clothing, Inc. All rights reserved.