Bealls Website
Terms of Use
Last Updated: December,
5, 2024
Welcome to Bealls! Please read the following Terms of Use
carefully as they affect your legal rights. This is a legal agreement
("Agreement" or “Terms of Use”) between
you and Beall’s, Inc, and any related company, subsidiary, affiliates (collectively, “Bealls,” “Company,” “we”,
“our” or “us”).
This Agreement governs your purchases
online and your use of any Bealls website, including but not limited to www.bealls.com; www.beallsflorida.com; www.beallsinc.com; www.homecentric.com; and their related
subdomains, microsites and Bealls mobile applications, and accessed through Bealls
kiosks and/or any mobile devices (collectively, the “Services”) that direct to this Agreement.
Our Services are operated as a service to our guests by or
on behalf of Bealls. Any interaction you have with the Services through the
use of browsers, applications, programs or other tools, whether installed by
you or a third party, shall be deemed to be your use of the Services. Company
reserves the right to update or modify this Agreement at any time, without
prior notice. By using the Services following any such change, you agree to
follow and be bound by the Agreement as modified. As such, we recommend you
review these Terms of Use each time you visit any Company website. For
information about our data collection and use practices, please see our Privacy
Policy here.
CONTENTS
1. ACCESS AND AGREEMENT. By accessing or using the services, whether by browsing, participating in an online activity or promotion or
making a purchase online, this
constitutes your agreement to follow and be bound by these terms of
use, as well as company privacy
policy, you represent that you are currently a guest user of the
services and acknowledge that you have read all of the terms and conditions of
this agreement, understand them, and agree to be legally bound by them.
If you are not a current guest and/or you do not agree to or understand
this agreement, then you may not use or access this service.
If,
at any time, you do not agree to or cannot comply with any of
these terms of use, then you should not, and are not allowed to, access or use
the services or make purchases online, as applicable. Company offers the
services to you conditioned upon your acceptance, without modification, of
these terms of use. Your use of
the constitutes your acceptance of these terms of use. These terms of use contain disclaimers of warranties and
limitations on your remedies. These
provisions form an essential basis of the agreement between you and company. In the event of a violation of these
terms of use, company reserves the right to seek all remedies available by law
and in equity. In the event
there is any conflict or inconsistency between these terms of use and any other
terms of use that appear on the websites, these terms of use will govern.
However, if you navigate away from the websites to a third-party website, you
may be subject to alternative terms and conditions of use, as may be specified
on such website, which will govern your use of that website. You agree that we may provide
notices, disclosures and amendments to these terms of use by electronic means,
including by changing these terms of use by posting revisions on the website.
Age and Capacity. By using the Services, you
warrant and promise, that either (i) you have legal capacity to enter into this
Agreement (i.e., that you are at least the minimum legal age to enter a
contract according to the jurisdiction in which you reside and are of
sufficient mental capacity, or are otherwise entitled to be legally bound in
contract), or (ii) that your parent(s) or legal guardian(s) have consented to
your use of the Services and accept this Agreement on your behalf, and that you
are responsible for the activity and conduct of yourself and anyone that you cause
to use the Services.
Content for Solely Non-Commercial Use. All materials
you see and/or hear on this website, including, for example, all of the page
headers, images, text, illustrations, formats, logos, designs, icons,
photographs, programs, and video or audio clips (individually or collectively,
the “Content”), are intended solely for your personal, non-exclusive and
non-commercial use. The Service and Content are protected by copyright,
trademark, and other laws of the United States and foreign countries. Except as
expressly provided in this Agreement, Company and its vendors or licensors
exclusively own all right, title and interest in and to the Service and
Content, including all associated intellectual property rights. You will not
remove, alter or obscure any copyright, trademark, service mark or other
proprietary rights notices incorporated in or accompanying the Service or
Content. All trademarks, service marks, logos, trade names and any other
proprietary designations of Company used herein are trademarks or registered
trademarks of Company. Any other trademarks, service marks, logos, trade names
and any other proprietary designations are the trademarks or registered
trademarks of their respective parties or owners. You may access, view,
download and print one copy of the Content displayed on any website for your
personal, non-commercial use only; provided, however, that you (1) retain all
copyright, trademark or other proprietary designations contained on all Content;
(2) do not modify or alter the Content in any way; and (3) do not provide or
make available the Content to any third party. No right, title or interest in
any accessed viewed, downloaded, printed or copied Content is transferred to
you as a result of your use of this website. Company or its third-party vendors
own and reserve all right, title and interest in and to the intellectual
property rights in any Content you may access on this website. Except as noted
above, you may not copy, download, reproduce, publish, transmit, distribute,
display, modify, create derivative works from, or otherwise exploit in any way
the Content or this website without first obtaining written permission from Company.
We May Discontinue Service at Any Time. We reserve
the right to terminate, change, suspend or discontinue any aspect of any
Services, including both the availability of any products or services offered and
features of the Services, at any time and without notice. Company also reserves
the right to block or deny access to any Services to anyone at any time for any
reason.
Forms of Acceptance of This Agreement. When accessing the Services,
acceptance of this Agreement will be required. This acceptance will occur when
any of the following: (i) at the beginning of each session, (ii) alternatively
by a one-time acceptance of this Agreement; or (iii) by accessing or using the
Services as mentioned earlier, for example, by you browsing, participating in
an online activity or promotion or making a purchase online. If
one-time acceptance is available to you, this Agreement shall apply in full
every time you access the Service, whether or not you are required to
subsequently indicate acceptance of this Agreement. There may be time limits
associated with access to the Services in certain locations and/or in
connection with access to Services with certain devices.
2. CONSENT TO MONITORING. Company and any third-party
provider on our behalf reserve the right to, and you acknowledge and consent,
that Company and/or the third-party provider may (but are not required to)
monitor your communications and activities via the Services (including their
content) during transmission, and in connection with accessing and the use of
the Services, including without limitation information about devices through
which you access the Services (including without limitation device type and
device media access control identification information), usage times and
volume. Company and the third-party provider may use and disclose any such
information for purposes of administering the Services and provide Services
functionality, analyzing usage, ensuring your compliance with this Agreement,
applicable law, in cooperation with legal authorities, and as otherwise
required to protect Company and the third-party provider’s rights, property and
interests.
3. ACCEPTABLE USE POLICY. You agree that you are authorized
to use the Services, subject to the terms and conditions of this Agreement. You
agree that you must comply with local, state, Federal and international laws
and regulations, including but not limited to copyright and intellectual
property rights laws, and you agree that you are fully responsible for your
activities while using the Services (including for any content, information and
other materials you access or transmit via the Services), and that you shall
bear all risks regarding use of the Services. You agree not to use the Services
to engage in any Prohibited Conduct. Broadly stated, “Prohibited Conduct” is
any conduct that is unlawful, infringing (such as downloading copyright
protected material, video, audio or otherwise without the owner’s permission), tortious
conduct (conduct that is intentionally harmful to an individual or entity or
conduct that puts an individual or entity at risk), or any other online conduct
that a reasonable individual would or should know would violate another party’s
intellectual property rights, privacy rights or other rights; or conduct that
otherwise interferes with the operation of, use of, or enjoyment of, any
service, system or other property.
By way of illustration and not limitation, Prohibited Conduct
further includes using the Services to: (i) intercept, divert or otherwise
interfere with any communication, (ii) violate the security or integrity of, or
gain unauthorized access to, the Services, system or communication, engage in
any activity in the nature of hacking or port scanning, or engage in any
activity that is in the nature of a “denial of service” attack or otherwise
affect/interrupt or attempt to affect/interrupt the operation of the Services
in any manner; (iii) impose an unreasonable or disproportionately large load on
any systems or infrastructure; (iv) send “spam”, chain letters, or other
unsolicited communications to any party; (v) create a “mail drop” for such
communications, or engage or permit e-mail relay services (e.g., “open mail
relay”); (vi) “spoof” or otherwise impersonate any other party, falsely stating
or otherwise misrepresenting your identity or affiliation in any way, or forge,
delete or alter any part of TCP/IP packet header or sender identification
information in any communication; (vii) commit fraud; (viii) harass, or
threaten any party, advocate or otherwise encourage violence against any
government, organization, group, individual or property, or provide instruction,
information, or assistance in causing or carrying out such violence; (ix)
disseminate information or data that contains any computer virus, or any
viruses, Trojan horses, or other code or programming or material designed to or
intended to damage, interfere with, intercept, interrupt, destroy, limit the
functionality of or expropriate any computer hardware, software, system, data
or personal information; (x) send or receive any material that could be
considered harmful, obscene, pornographic, indecent, lewd, violent, abusive,
profane, insulting, threatening, tortious, harassing, hateful or otherwise
objectionable; (xi) send or receive any material that harasses, victimizes,
degrades, or intimidates an individual or group of individuals on the basis of
religion, race, ethnicity, sexual orientation, gender, age, or disability; (xii)
send or receive material containing defamatory, false, or libelous material; (xiii)
send, receive, download or print any material, audio, video or otherwise, that
infringes or violates any intellectual property rights, or other right, of any
entity or person, including, without limitation, copyrights, patents and/or
trademarks, laws governing trade secrets, rights to privacy, or publicity; (xiv)
send or receive any material that you do not have a right to make available
under law, contractually (for example, it was not paid for) or under fiduciary
relationships; (xv) engage in conduct that would expose Company or its service
providers to civil or criminal liability; (xvi) engage in any activity that
violates any local, state, United States or applicable international law or
regulation, (xvii) engage in any activity that is harmful to minors, or permit
a minor to use the Services to access any content intended for adults; (xviii)
disclose personally identifiable information or payment card information to Company,
unless specifically required or requested by Company; or (xix) assist others in
engaging in Prohibited Conduct. This list of Prohibited Conduct is meant to
serve as examples of prohibited conduct and is not intended to be and should
not be construed to be exhaustive. Company requires and expects that you will
be a good Internet citizen and use good judgment when using the Services. All
users of the Services must comply with this section 3 Acceptable Use Policy
(AUP). Violation of this AUP may result in the suspension or termination of
your access to the Services.
4. FILTERING. Pursuant to 47 U.S.C. Section 230(d)
as amended, we hereby notify you that parental control protections (such as
computer hardware, software or filtering services) are commercially available
that may assist you in limiting access to material that is harmful to minors.
Information identifying current providers of such protections is available on
the two websites GetNetWise (http://getnetwise.org/)
and OnGuard Online (http://onguardonline.gov/).
Please note that we do not endorse any of the products or services listed at
such websites. For more detailed information and resources regarding parental
control protections, see the FTC’s Consumer Advice comprehensive guide (https://consumer.ftc.gov/articles/parental-controls).
5. INDEMNIFICATION. You agree to indemnify, defend, and hold
harmless Company, the third-party provider and their respective affiliates,
officers, directors, shareholders and employees, from and against any and all
claims, actions, demands, liabilities, costs and expenses, including, without
limitation, reasonable attorneys’ fees, arising out of or resulting from your
breach of any provision of this Agreement or any warranty or promise you
provide herein, or otherwise arising in any way out of your use of the Services,
including, but not limited to, using the Services for Prohibited Conduct. Company
reserves the right to take exclusive control and defense of any such claim
otherwise subject to indemnification by you, in which event you will cooperate
fully with Company and/or the third-party provider in asserting any available
defenses.
6. CONSEQUENCES OF UNAUTHORIZED USE. Without limiting any
other available right or remedy, Company and its third-party providers reserve
the right to, and you agree that Company and/or the third-party provider shall
have the right to: (i) take such actions as they deem, in their sole
discretion, to be appropriate to protect against violations of this Agreement
or abuse of the Services and to otherwise protect its interests (e.g.,
removing, destroying or otherwise making unavailable offending material,
temporary or permanent filtering, blocking access, and suspending or
terminating Service), and (ii) investigate and involve and cooperate with
appropriate authorities regarding any actual or suspected illegal or
unauthorized activities involving the Services. You agree that you will be
liable to Company and the third-party provider for any damages incurred or
amounts that are required to be paid by Company and/or the third-party provider
that arise out of, or are related to, your violation of this Agreement,
including, without limitation, damages paid to third parties, cost of repairs
or replacements, and reasonable attorneys’ fees and costs of enforcement.
7. JURISDICTION; RISK OF LOSS. Company controls the Services
from its corporate offices within the State of Florida. The use of the Services
shall be limited to the boundaries of the continental United States, Canada, Hawaii,
Alaska, and APO/FPO military addresses.
Company does not imply that the materials published on this website
are appropriate for use outside of the United States. Notwithstanding the
foregoing, if you access any website from outside of the United States, you do
so on your own initiative and at your own risk, and you are responsible for
compliance with all applicable domestic and local laws, regulations, or
equivalents thereof.
When you access or use our Services, your personal
information may be processed in the United States or any other country in which
Bealls, its affiliates, or service providers maintain facilities. Such
countries or jurisdictions may have data protection laws that are less
protective than the laws of the jurisdiction in which you reside. If you do not
want your information transferred to, processed, or maintained outside of the
country or jurisdiction where you are located, you should immediately stop
accessing or using the Services.
8. Dispute
Resolution, Jury Trial Waiver, and Arbitration. Any claim or cause
of action arising out of your purchase or use of any product(s), your use of
this website, these Terms of Use, or the breach thereof, shall be discussed by
the parties in good faith, and the parties shall attempt to resolve the dispute
in good faith. The parties understand and agree that they are waiving
the right to trial by jury. You agree to have any unresolved claim or
dispute against Company resolved through arbitration as set forth below after
first submitting the claim or dispute to mandatory non-binding mediation. You
agree to attempt to resolve any claim or dispute through non-binding mediation
before a mediator mutually agreeable to the parties and that the forum for any
mediation hearing will be Manatee County, Florida. The parties will each bear
their respective costs of mediation. If a claim or dispute is not resolved as
a result of mediation, you agree to have any unresolved claim or dispute
against Company whether related to this agreement or otherwise, and any claim
or dispute related to this agreement or the relationship or duties contemplated
under this agreement, including the validity of this arbitration clause,
resolved by binding arbitration by the American Arbitration Association. You
agree that the forum for any such arbitration proceeding shall be held in
Bradenton, Florida. Any award of the arbitrator(s) may be entered as a judgment
in any court of competent jurisdiction. Information may be obtained and claims
may be filed at the American Arbitration Association at 2200 Century Parkway,
Suite 300, Atlanta, GA 30345-3203.
Company may bring a lawsuit solely for injunctive relief or
equitable remedies to stop unauthorized use of our intellectual property rights
without first engaging in arbitration.
You may only resolve disputes with company on an
individual basis, and may not bring a claim as a plaintiff, class
representative or a class member in a class, consolidated or representative
action. You acknowledge and agree that class arbitrations, class
actions, private attorney general actions and consolidation with other
arbitrations are not permitted.
However, you may also litigate any dispute in small claims
court in your county of residence or Manatee County, Florida. Regardless, in
the event of a dispute, you shall notify Company (see contact info below)
setting forth the name, address and contact information, the facts giving rise
to the dispute and the relief requested from Company and you will then attempt
to resolve the dispute through informal negotiations with Company within sixty
(60) days from the date of your notice of dispute after which you may commence
your litigation.
9. CLASS
ACTION WAIVER. To the fullest extent permissible by applicable law,
no dispute may be joined with another lawsuit or with a dispute of any other
person/guest and all parties to the suit must be individually named. To
the fullest extent permissible by applicable law, there shall be no right
or authority for any dispute to be litigated on a class action or consolidated
basis or bases involving a dispute brought in a purported
representative capacity on behalf of the general public (such as a private
attorney general action), other persons/guests, or other persons/guests
similarly situated.
10. PRICING & PRODUCT INFORMATION. While Company strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price, with incorrect information, or discounted in error, Company shall have the right, in its sole discretion and to the fullest extent permissible by applicable law, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, Company will issue a credit to your credit card as your sole and exclusive remedy if permissible under applicable law. We apologize for any inconvenience this may cause you.
Company works hard to provide low prices on this website. However, merchandise and promotional offers available online, such as online at one or more of the websites, may vary or be different from those offered in store and vice versa. Prices and availability are subject to change without notice. “Sale” prices and percentage savings offered by Company are discounts from Company “Regular” or “Original” prices. The “Regular” or “Original” price of an item is the former or future offered price for the item or a comparable item by Company or another retailer. Actual sales may not have been made at the “Regular” or “Original” prices, and intermediate markdowns may have been taken. “Original” prices may not have been in effect during the past 90 days or in all trade areas. Merchandise on this website could be offered at the same or lower “Sale” prices during future promotional events beginning on or after the last day of this advertised event. Clearance merchandise or charitable items are excluded from “Entire Stock” promotions in this website. In some events, actual savings may exceed the percent savings shown
You agree that you are responsible for all charges incurred
in connection with any purchase on our website, including, without limitation,
all taxes, shipping, handling and processing charges or other fees.
Company attempts to display the colors of our merchandise
shown on this website as accurately as possible. However, because a
monitor’s display or a computer may vary the colors shown, we cannot guarantee
that your monitor will accurately depict the actual color of the merchandise.
Moreover, the inclusion of any products or services on this website
at a particular time does not guarantee that the products or services will be
available.
11. QUANTITY LIMITS. Company offers merchandise to
consumers through its websites. Company is a retailer, not a wholesaler, and Company
does not sell to individuals or dealers for the purpose of resale to others. Company
reserves the right, in its sole discretion, to reject an order or otherwise
limit the quantity of items purchased per person, per household or per order at
the websites. These restrictions may be applied at Company’s discretion,
including, without limitation, to purchases/orders placed by the same person,
the same account, the same credit card and/or orders that use the same billing
or shipping address.
You acknowledge and agree that Company has the right (but
not the obligation) to do any or all of the following at any time: (a) monitor
User Content; (b) remove or refuse to post any User Content; (c) disclose User
Content to any third party, and the circumstances surrounding submission; and/or
(d) to publish, reproduce and use the User Content without restriction or fee
as provided herein.
You alone, and not Company, are responsible for ensuring you
have the rights to grant the license described herein and for Company to post or
publish the User Content, including, but not limited to, any copyright rights
to images or other content, and the right to publish the images of people,
landscapes and/or other creative works within the User Content. When you post
or submit User Content, you grant to Company a non-exclusive, fully paid-up,
perpetual, worldwide, irrevocable, royalty-free, transferable and
sub-licensable right and license to use, display, disclose, perform, reproduce,
transmit, copy, modify, delete, adapt, publish, translate, creative derivative
works from, sell and distribute such User Content and to incorporate the User
Content into any form, product, marketing, medium or technology, now known or
hereafter developed, throughout the world, all without compensation to you. Accordingly,
do not send, post or submit any User Content that you do not wish to license to
Company, including any confidential information or any original creative
materials, such as product ideas or original artwork. To the extent you submit
your name, username, nickname or other personal identifier along with your User
Content, you grant to Company the right (but not the obligation) to use such
identifier, or portion thereof, with such User Content. To the fullest extent
permissible by applicable law, you agree to indemnify and hold Company harmless
from all claims arising out of your breach of the Terms of Use or in connection
with your User Content.
As a visitor to our website, please be advised that Company
does not endorse or take responsibility for the opinions, advice, information
or statements made by third-party visitors to our website, whether through User
Content or otherwise. To the fullest extent permissible by applicable law, Company
shall not be liable, directly or indirectly, to anyone for any damage or losses
of any nature arising from or out of User Content. You alone, and not Company,
shall bear sole liability for any such damages or losses arising from User
Content submitted by you.
13. SUBMISSION OF IDEAS. Separate and apart from
the User Content you provide, you may submit questions, comments, feedback,
suggestions, ideas, improvements, plans, notes, drawings, original or creative
materials or other information about Company, our website(s) and our products
(collectively, “Ideas”) either through the website(s) or otherwise. The Ideas
you submit are voluntary, non-confidential, gratuitous and non-committal.
Please do not send us Ideas if you expect to be paid or want to continue to own
or claim rights in them; your Ideas might be great, but we may have already had
the same or similar idea and we do not want disputes. You must also inform us
if you have a pending or registered patent relative to the Idea. You represent
and warrant that your idea is not subject to any confidentiality obligations or
third-party intellectual property encumbrances and that you own and control all
of the rights to the Idea and have the authority to grant the rights to Company
that you grant herein. By submitting your Idea, you grant Company and its
designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and
royalty free license to use, sell, reproduce, prepare derivative works, combine
with other works, alter, translate, distribute copies, display, perform,
publish, license or sub-license the Idea and shall be entitled to the
unrestricted use and dissemination of Ideas for any purpose, commercial or
otherwise, without acknowledgment or compensation to you. By submitting your
Idea, you hereby release Company and its agents and employees from any claims
that such use violates any of your rights. Company shall own exclusive rights,
including all intellectual property rights, to any work it creates or has
created from the Idea or a similar idea of its own.
14. LINKING. Periodically, links may be established
from this website to one or other external websites or resources operated by
third parties (the “Third-Party Sites”). Company, its affiliates, provide these
links for your convenience only. In addition, certain Third Party Sites also
may provide links to the Service(s). At no time shall any such inbound or
outbound links be deemed to imply that Company endorses or approves the Third-Party
Sites or any content therein. Company does not control and is not responsible
or liable for, and does not make any representations or warranties concerning,
any Third-Party Sites or any content, advertising, products, or other materials
on or available from such Third-Party Sites. Access to any Third-Party Sites is
at your own risk and Company will have no liability arising out of or related
to such Third-Party Sites to the fullest extent permissible by applicable law.
Without limiting the foregoing, linking to our website is
strictly prohibited absent express written permission from Company. In
addition, framing, in-line linking or other association of this website or its Content
with links, advertisements and/or other information not originating from this website
is expressly prohibited.
15. GENERAL SECURITY AND PRIVACY. You are responsible for your security
and privacy. Although privacy and security are important to Company
and the third-party provider, you understand and agree that you shall have no expectation
of privacy or security in your use of the Services. There are privacy and
security risks associated with wireless communications and the Internet in
general and you acknowledge that Company and its third-party service providers
make no assurances that your communications, or activities while using the Services,
or your use of any information or data obtained by you by accessing the Services
will be (or will remain) private or secure, and you further agree that Company
and its third-party providers assume no responsibility in that regard. You
agree that you, and not Company or the third-party provider, are solely
responsible for your own privacy and security in using this Service, the
accuracy or completeness of any information or data obtained by you via any website
or this Service, and for implementing any protections you deem to be
appropriate to protect and secure your privacy, and your activities, hardware,
software and systems. You are responsible for maintaining the confidentiality
of, and you are responsible for all activities that occur under, your
account(s), username(s) and password(s). Personal data submitted by you in the
registration process and certain other information about you is subject to our
Privacy Policy. For more information, please see our Privacy Policy which may
be found in the website footer of any Bealls website. Please read the Privacy
Policy carefully to understand how Company collects, uses and discloses
personally identifiable information from its users. By accessing or using the Services
you acknowledge all actions that we take with respect to your data consistent
with our Privacy Policy.
16. DISCLAIMER OF WARRANTY. You acknowledge and agree that
all websites and services are provided solely as a convenience to
company guests, “as is”, “with all faults”, and “as available”. You further
acknowledge and agree that company and the third party provider disclaim
to the fullest extent permitted by applicable law all warranties and representations
of any kind, whether express, implied or by law, statutory or otherwise,
including without limitation any warranties of: (i) merchantability, (ii)
fitness for a particular purpose, (iii) non-infringement, (iv) workmanlike
effort, (v) quality, (vi) accuracy, (vii)timeliness, (viii) completeness, (ix)
title, (x) quiet enjoyment, (xi) no encumbrances, (xii) no liens, (xiii) system
integration or that any device, network or software you use will work or
function properly with our wi-fi network or (xiv) that access to or use of this
service or any part thereof will be uninterrupted, error or defect free, free
of viruses or other harmful code, or secure, or that problems will be
corrected, even if company or third party service provider is on notice of such
problems. You further agree and understand that there are no warranties
that extend beyond the face of this agreement; no advice or information given
by company, the third party provider or their respective employees or agents,
shall create any warranty, guaranty, promise, or otherwise. If
applicable law does not allow the exclusion of some or all of the above implied
warranties, you agree that the above exclusions will apply to you
to the extent allowed by applicable law. Without limiting the foregoing and to
the fullest extent permissible by applicable law, company further disclaims any
liability, responsibility or damage as to the accuracy or completeness of each
merchandise item including, without limitation, pricing, quantity and sizes.
Without limiting the foregoing and to the fullest extent permissible by
applicable law, company further disclaims any liability, responsibility or
damage for any theft or loss of, unauthorized access or damage to, or
interception of any data or communications sent to, from or stored on this
website.
The internet contains a variety of materials and information that may be
offensive to you. You agree that you assume full responsibility and risk
of use of the website or service and the internet, and that you are solely
responsible for evaluating the suitability, appropriateness or legality of any
informational content or other materials you may encounter online. As
referenced earlier, software products that enable screening of particular
materials and information are commercially available and widely advertised in
public media, including on the internet.
17. LIMITATION OF COMPANY AND COMPANY’S THIRD PARTY SERVICE PROVIDERS’
LIABILITY. You acknowledge and agree that the website and this service are
provided as a privilege, solely for convenience, and use of the website and
service does not impose liability of any kind (or in any amount) on
company or the third party provider. To the fullest extent permissible
by applicable law, if you disagree with these terms of use, as may be amended
from time to time, your sole and exclusive remedy is to (a) discontinue using
the website, (b) not make a purchase and/or (c) return any goods purchased
within sixty (60) days. You acknowledge and agree that your use of the website,
service and/or your purchase on this website is at your sole risk. To the
fullest extent permissible by applicable law, neither company nor its
affiliates, nor any of its employees, directors, officers, agents or website
service providers will be liable to any party for any general, direct,
indirect, incidental, special, consequential, exemplary or punitive damages for
solicitations, advertising purchases through the services, or for use of this
website or any other hyperlinked websites including, without limitation,
damages, losses, lost profits or revenues, costs of replacement, business
interruptions, loss of data or damages resulting from, arising out of, or in
any way connected with the use of or inability to use the website or reliance on
the information present. This limitation of liability applies whether a
claim is based in contract, negligence, statute or tort, even if company or its
service providers are expressly advised about, or should have known of, the
possibility of such damages or losses. To the fullest extent
permissible by applicable law, you shall defend, indemnify and hold company and
its service providers harmless against any such damages or losses. For purposes
hereof, “service providers” shall mean third-party service providers that
provide website services to company that contribute to the functionality of the
website.
18. CHANGE/TERMINATION OF SERVICE; UPDATES TO THIS AGREEMENT. You
agree that Company, at any time and for whatever reason may change, terminate,
limit or suspend the Services (in whole or in part) or your access to the
Services. Upon any termination, your rights to use the Services will
immediately cease. Company also reserves the right to update or revise this
Agreement at any time without prior notice. Notwithstanding the foregoing
sentence, your continued use of the Services following an update to this
Agreement signifies your acceptance of its revised terms. Sections 1-3, 5-9, 12-20
and 22-26, and any other provisions that by their nature should survive
termination, shall survive termination of this Agreement for any reason.
19. NOTICE FOR COPYRIGHT INFRINGEMENT CLAIMS. Company is
concerned about protecting the copyright and other intellectual property rights
of others. We urge you to adhere to all applicable copyright laws. We may
disable or terminate any user and remove or modify any ability to obtain
certain content through the Services in our discretion. If you believe you have
a copyright infringement claim resulting from material accessed via this
Service, you may notify us by providing the following information to our
designated agent (Copyright Complaint, BEALLS, 700 13th Ave E Bradenton, FL
34208, Tel: 800-683-8039, Email: guestservices@beallsinc.com
, as required by 17 U.S.C. § 512: 1. Physical or electronic signature of
the owner, or a person authorized to act on behalf of the owner, of an
exclusive right that is allegedly infringed; 2. Identification of the
copyrighted work, or a representative listing of the copyrighted works, claimed
to have been infringed; 3. Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and information
reasonably sufficient to allow us to locate the material; 4. Information
reasonably sufficient to allow us to contact you, including your address,
telephone number, and if available, your electronic mail address; 5. A
statement that you have a good-faith belief that the use of the material as
described is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in your notification is accurate, and under
the penalty of perjury, that you are the owner, or are authorized to act on
behalf of the owner, of an exclusive right that is allegedly infringed. It is
our policy to terminate relationships regarding content with parties who
repeatedly infringe the copyrights of others.
20. FAIR USAGE. To ensure the provision of a quality of our Services
to all our guests and to ensure that the behavior of some does not disadvantage
the majority of our guests, you agree to abide by any fair use policy which we
may apply.
21. GIFT MESSAGES. Company makes gift messages
available from one or more of its websites as a courtesy to all our guests. Out
of respect and consideration, Company asks that you do not use any obscene,
profane, threatening or otherwise vulgar language in gift messages. Without
notice to you, Company may, but is not obligated to, restrict or remove any and
all content from a gift message that Company determines, in its sole and
absolute discretion, violates these guidelines or is otherwise harmful to Company
or any third party.
22. BEALLS REWARDS. Company provides a membership for
the Bealls Rewards Loyalty Program (the “Program”). The Program is affiliated
with Bealls, Bealls Florida, Home Centric, Rugged Earth Outfitters, Reel
Legends Performance Outfitters and any other affiliated Bealls retail brands
(collectively, “Bealls Rewards Brands”). The purpose of the Program is to
reward guests for shopping at Bealls through a redeemable point structure.
Members may redeem their rewards earned from qualifying online purchases. By
opening a Bealls Rewards Account, you agree that you have read and accept the
Program rules, these Terms of Use, and the Bealls Rewards Terms and Conditions.
For more information regarding the Program, please visit the Bealls Rewards
Terms and Conditions here.
23. RATINGS AND SERVICE REVIEWS. The website also
allows users to engage in discussions surrounding Company products through its
Ratings & Reviews and related features. Ratings & Reviews shall be
deemed User Content and shall be subject to the requirements set forth in the
User Reviews, Comments & Submissions section above.
24. EMAIL COMMUNICATIONS. If a User signs up for a Company
account on the website(s), you, by default, opted in to receive promotional
email communications from Company ("Email Communications"). You may,
at the time of sign up, opt out of receiving Email Communications from Company.
Thereafter, you may opt out of receiving Email Communications by adjusting your
profile settings in your Company account at the website.
25. US MOBILE TEXT MESSAGING PROGRAM
Bealls Florida, Beall’s, Inc, and the Bealls Rewards program offer customers the ability to
optionally receive marketing and promotional mobile alerts sent to their mobile devices via
SMS/text messages. The Mobile Text Messaging Program allows you to personalize your
experience, for instance, by sending you coupons or sale information via SMS message if you
have opted into our SMS/text message service. You must be 18 years of age or older to
participate. Signing up and opting-in to this service is subject to our separate U.S. Mobile Terms
& Conditions, available at: bealls.com/mobile-terms, beallsflorida.com/mobile-terms,
homecentric.com/homecentric/mobile-terms
Please be aware that whereas we require prior express written opt-in consent in order for you to
receive automated promotional- or marketing-related SMS text messages, if you provide us your
mobile telephone number we may send account-, service- or informational-related automated
messages (i.e., non-promotional or marketing-related messages) to your mobile phone, provided
they are related to the purpose for which you provided the Company your phone number.
26. NOTICE TO CALIFORNIA RESIDENTS. Under California Civil Code Section 1789.3,
California residents are entitled to the following specific consumer rights
information: the provider of the Service(s) is Beall’s, Inc., 1806 38TH
Avenue East, Bradenton Florida 34208. To file a complaint regarding the Services
or to receive further information regarding use of the Service(s), send a
letter to the above address or contact Company via e-mail (with
"California Resident Request" as the Subject Line). You may also
contact the Complaint Assistance Unit of the Division of Consumer Services of
the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite
N 112, Sacramento CA 95834 or by telephone at 800.952.5210.
27. MISCELLANEOUS. You agree that this Agreement is solely
between you and Company. You agree that any controversy or claim brought or
asserted by you or on your behalf that arises out of or relates to this
Agreement or the Services shall be solely against Company, and not any other
party. Further, you agree that any action you bring that arises from, or
relates to, the Services must be initiated within one year from the relevant
date of your access to the Services, and that no cause of action may be brought
after that time. You agree that if any provision(s) of this Agreement is
determined to be invalid or unenforceable under applicable law, then such provision(s)
will be ineffective to the extent of such determination, and such invalidation
of such part or portion of this Agreement shall not invalidate the remaining
portions of this Agreement and/or the spirit of this Agreement and the
remainder of this Agreement will continue and shall remain in full force and
legal effect. Any failure by Company or third-party provider to insist upon or
enforce strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. You agree that this Agreement
constitutes the entire agreement between you and Company regarding its subject
matter, and it supersedes any prior or contemporaneous agreements between you
and Company regarding its subject matter. You agree that any notices, other
than Notices of Copyright Infringement claims as described above, given by you
to Company must be given by e-mail (addressed to guestservices@beallsinc.com ,
or by mail to: Bealls Inc., Customer Care, P.O. Box 25207, Bradenton, FL
34206-5207.
28. CONTACT INFORMATION. For questions
about this Agreement please contact us at guestservices@beallsinc.com
or by mail to:
Bealls Inc.
Customer Care
P.O. Box 25207
Bradenton, FL 34206-5207
If you have any questions concerning the legal notices
stated above, we encourage you to contact Company at this address.
You expressly consent to the rendering of this Agreement in English.
All Rights Reserved. Bealls and related marks are trademarks or registered
trademarks of Company. All rights reserved.
