TERMS & CONDITIONS
Unfortunately, if we have reason to believe or determine that you are not abiding by the Agreement, then we will terminate the Agreement by denying you access to this Site. Likewise, if you choose not to be bound by any of our terms and policies, then you must terminate your session and may not access or use this Site, and must delete any content derived from our Site. By accessing or making purchases on the Site, you acknowledge and agree to the terms of the Agreement.
Last Updated: March 2021
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME. From time to time, the Agreement 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 Agreement, 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 Agreement.
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, participating in promotional activities, signing up for our newsletter, or communicating with us through the Site. Certain features of the Site require you to create an account. To register you must create a user account by providing a valid email address and creating a unique password (“Account”). When you acquire merchandise as a guest or through your Account you warrant that all information used in connection with the Site and acquisition of merchandise is accurate and true. You are solely responsible for: (i)maintaining the confidentiality of your Account user name and password; (ii)ensuring all information used in connection with the Site is accurate and current; and (iii)any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account.
The Agreement shall be governed by the laws of the State of California without regard to choice of law principles, except for the Arbitration Agreement, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, then that provision shall be severable, and all other provisions shall remain in full force and effect.
4. PRODUCT INFORMATION AND PURCHASES
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 or accuracy or of any information on this Site. All features, content, images, specifications, products, colors, prices of products, and any other services described or depicted on this Site are subject to change at any time without notice.
We make all reasonable efforts to accurately display the attributes of our products, including the applicable 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, measurements, specifications, or similar descriptions are approximate and are provided for convenience purposes only. 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, 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.
All purchases made on the Site are subject to our Order Online Policy. 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 also may require verification of information prior to the acceptance or shipment of any order.
5. ORDER RESTRICTIONS AND RISK OF LOSS
Merchandise acquired from the Site is not intended for re-sale. As a result, 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 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. 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. You can check the status of your order at: https://www.bigstardenim.com/order-status
From time to time we may make sweepstakes, contests, or other promotions available through our Site (“Promotion”) that require you to register and/or accept the terms and conditions associated with the same. Please review the applicable rules, terms, and/or disclaimers that govern each Promotion and understand that participation is your unconditional agreement and acceptance thereto.
8. RETURNS AND EXCHANGES
All returns are subject to our Returns Policy.
9. LICENSE AND USE RESTRICTIONS
- 1. Site We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, license to access and use our Site as expressly permitted herein. Except for this limited license we do not grant you any other rights or license. We reserve all rights not expressly granted herein.
- 2. Your Content You hereby grant to us and our owners, affiliates, representatives, licensees, licensors and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to use, distribute, store, transmit reproduce any information you submit in connection with the use of our Site (“Your Content”) to: (i)make the Site available to you; (ii)manage your Account; (iii)address questions and issues; and (iv)process purchases. You hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the right to give us the license described above. You represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party.
- 3. Restrictions You are prohibited from violating or attempting to violate the security or integrity of our Site or otherwise violating or infringing our rights or the rights of others who use our Site and agree not to do the following:
- o 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;
- o 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;
- o probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site;
- o 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 Account that is not held by you;
- o 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;
- o 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;
- o 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;
- o make any false or misleading statements in connection with your use of the Site;
- o publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- o use our Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- o upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- o advertise or offer to sell or buy any goods or services for any business purpose;
- o restrict or inhibit any other user from using and enjoying the Site;
- o violate any applicable laws or regulations; and/or
- o create a false identity for the purpose of misleading others.
- o WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF OUR SITE AND/OR YOUR ACCOUNT (IN OUR SOLE DISCRETION) IF WE DETERMINE THAT YOUR USE OF THE SITE IS IMPROPER OR IN VIOLATION OF ANY PROVISION OF THE AGREEMENT.
10. INTELLECTUAL PROPERTY RIGHTS
The design of the Site and created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Our Content"), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree not to engage in the use, copying, or distributing any of Our Content contained within the Site. 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.
Any Trademarks, including “BIG STAR,” and other identifiers referenced herein are trademarks of ours or our affiliates, and are registered in most jurisdictions.
We care about all of our customers and strive to make our website, www.bigstardenim.com, accessible to all visitors. Accordingly, we have a dedicated team that reviews and evaluates our website pursuant to Web Content Accessibility Guidelines 2.0, who are currently working with various partners to implement practicable features to improve the overall experience for our website visitors. As a result, Big Star is in the continuous process of enhancing the usability of our website to foster inclusivity and diversity.
If you need help placing an order, have difficulty accessing our website, or would like to provide comments or suggestions, then please contact us either by e-mail at firstname.lastname@example.org.
12. HEALTH WARNING
A very small percentage of users may experience seizures when exposed to certain light patterns, flashing lights or backgrounds when using Site. Additionally, use of Site may cause dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions. IMMEDIATELY discontinue use of our Site and consult your physician if you experience any of the abovementioned symptoms.
13. DISCLAIMER OF WARRANTIES
The site is provided to you “as is.” We expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and/or conditions of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty, representation or condition that: (1)the site will meet your requirements; (2)your use of the site will be uninterrupted, timely, secure or error-free; (3)the results that may be obtained from use of the site will be accurate or reliable; or (4)any errors in the site will be corrected.
If you are a resident of a jurisdiction that requires a specific statement regarding release, then the following applies. For example, California residents must, as a condition of the Agreement, waive the applicability of California Civil Code section 1542, which states, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby waive this section of the California Civil Code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned provision.
14.LIMITATION OF LIABILITY
YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK. IN NO EVENT SHALL WE, OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AGENTS OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH: (1) THE USE OF OR INABILITY TO USE THE SITE, (2) TRANSACTION OR INABILITY TO TRANSACT ON THE SITE, (3) USE OF SERVICES OR INABILITY TO USE SERVICES ASSOCIATED WITH THE SITE, (4) OR ANY OTHER ASPECT RELATED TO THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE OF OUR LIABILITY EXCEED $1,000.00. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF YOUR BREACH TO THE TERMS AND POLICIES (ESPECIALLY IF SUCH BREACH WAS MADE IN BAD FAITH), OR RELATED TO YOUR INDEMNITY OBLIGATIONS.
You agree to defend and indemnify us and our employees, officers, directors, shareholders and agents from and against any third party claim, including reasonable attorneys’ fees, court costs, settlements, and disbursements, from or relation to (i)Your Content; (ii)your use of the Site; (iii)your violation of any term of the Agreement; (iii)your violation of any third party rights; (iv)your violation of applicable law; and/or (v)use of any services provided by third party service providers. You may not settle or compromise any claim without our prior written consent.
With the exception of the Arbitration Agreement, which shall survive the termination of the Agreement, the Agreement is effective unless and until terminated by either you or us. You may terminate your participation at any time by discontinuing use of our Site. If you have a dispute with us relating to the Site, immediately cease all use of our Site. Ceasing use of the Site is your only remedy with respect to any dispute that you may have with us. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Agreement for all purposes.
17. THIRD PARTY LINKS
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. Please read the terms and conditions and privacy policies of any third-party website that may be linked to our Site.
By providing your email address to us or creating an Account you consent to receiving emails from us and from our third-party providers and affiliates. These parties may send you emails in order to deliver information about products and services and to help with fulfilling your order. You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at email@example.com with the word “UNSUBSCRIBE” in the subject line.
21. ARBITRATION AGREEMENT
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 a transaction, a failed transaction, or related to any services rendered or to the breach, enforcement, interpretation, or validity of the Agreement or any part of it (“Dispute”), then the Agreement 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"). In the event JAMS is unavailable or unwilling to hear the Dispute, then the parties shall mutually agree to another arbitration provider. Payment of all filing administration and arbitrator fees will be governed by the Applicable Rules. Company will reimburse those fees for claims totaling less than $10,000. Company waives its right to seek attorney’s fees and costs in arbitration.
Company and 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, Company and you both hereby waive any right to a jury trial, to participate in a class action lawsuit or arbitration, or joint or consolidated lawsuit or arbitration against the other Party. If the court decides that applicable law precludes enforcement of this paragraph’s limitations to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from arbitration. 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. As previously stated, neither Company or you will have the right to bring or participate in any class action or similar proceeding in court or in Arbitration.
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:
Big Star Clothing, Inc.
Attn: Legal Counsel
Re: Arbitration Request
2741 Seminole Ave, Suite B
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.
22. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
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 (i.e. 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 DMCA “Designated Agent” as follows:
Big Star Clothing, Inc.
Attn: Legal Counsel – DMCA Agent
RE: DMCA NOTICE
2741 Seminole Ave, Suite B
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 (i.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 after 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.
If you have any questions about the Agreement please contact us at:
Online Sales & Customer Service Department
2741 Seminole Ave., Suite B
South Gate, CA 90280