Terms of Use
Effective May 20, 2024
This is an agreement between you and the Brand Entities (each defined herein).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES OR PROGRAMS (DEFINED BELOW). YOUR USE OF THE SITES OR PROGRAMS CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THE SITES OR PROGRAMS.
SPECIFICALLY, PLEASE READ THE DISPUTES WITH OPERATORS SECTION CAREFULLY, IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, AND FOR UNITED STATES AND CANADA RESIDENTS, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.
Application. These Terms of Use apply to the following websites:
Savers (US) Websites operated by TVI, Inc. d/b/a SAVERS in the United States: www.savers.com.
Savers (AU) Websites operated by TVI, Inc. and Savers Australia Pty Ltd ACN 116 995 594 d/b/a/ SAVERS in Australia: www.savers.com.au.
Value Village Websites operated by TVI, Inc. and Value Village Stores d/b/a VALUE VILLAGE and VILLAGE DES VALEURS in Canada: www.valuevillage.com, www.valuevillage.ca, www.villagedesvaleurs.com, and www.villagedesvaleurs.ca.
2nd Ave. Websites operated by TVI, Inc. d/b/a 2nd AVE. in the United States: www.2ndavestores.com.
GreenDrop Websites operated by TVI, Inc. d/b/a GREENDROP in the United States and Value Village Stores d/b/a GREENDROP in Canada: www.gogreendrop.com and www.gogreendrop.ca.
TVI, Inc., together with Value Village Stores and Savers Australia Pty Ltd shall herein be referred to each as a “Brand Entity” and collectively, the “Brand Entities”.
The Savers (US) Websites, together with the Savers (AU) Websites, Value Village Websites, 2nd Ave. Websites, and GreenDrop Websites, including any applications, platforms, services, or other resources related to, distributed on or available through the Websites, and Facebook®, Twitter™, Instagram™, Pinterest™, TikTok™ accounts owned by the Brand Entities (“Social Media”) including without limitation any apps, email newsletters, mobile optimized versions, or any other interactive features shall all collectively be referred to herein as the “Sites”, and any services, programs or other offerings that utilize the Sites shall collectively be referred to herein as the “Programs”. The Sites and Programs are operated by the applicable Brand Entity listed above, and other third-parties that own a portion of and/or participate in the operation of the Sites (the “Developers”). The Brand Entities and the Developers are referred to together as the “Operators,” “we,” or “us.”
WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY. For certain services offered by the Operators, including but not limited to any Brand Entity’s customer loyalty programs as applicable in each Country such as the Super Savers Club Card®, Super Savers Club™ customer loyalty, and 2nd Ave.® loyalty reward programs, the GreenDrop® donor communication program, and our FUNDrive® fundraising program, you may be subject to additional terms and conditions linked at the program’s information page, and/or you may be required to execute a separate written agreement.
Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. The inclusion of any products or services on the Sites at a particular time does not imply or warrant that these products or services will be available at any time.
Accuracy of Information. We attempt to ensure that information on the Sites is complete, accurate and current. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out of date. Subject to applicable law, including for Australia residents, the Australian Consumer Law, we make no representation as to the completeness, accuracy or currentness of any information on the Sites. We may from time to time and in our sole discretion make available special offers and promotions that are sometimes limited, including to a particular geographic region. We reserve the right at any time, within our discretion and without prior notice, although at all times to the extent permissible under applicable law, to add or change offers and/or promotions or to discontinue any offers or promotions. We are not responsible if you see a promotion offered outside of your geographic region.
Use of the Sites. We grant you a limited, nonexclusive, non-sublicensable license to access and use the Sites and content for noncommercial purposes. Your use of the Sites must be consistent with these Terms of Use. The design of the Sites and all text, graphics, information, content, and other material displayed on or available through the Sites are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with prior written permission of the owner of such material.
The software and other technology components of www.savers.com, www.valuevillage.com, www.valuevillage.ca, www.villagedesvaleurs.com, and www.villagedesvaleurs.ca are Copyright 2023-2024, © TVI, Inc., © Value Village Stores, or their affiliates and suppliers. The contents of www.savers.com, www.valuevillage.com, www.valuevillage.ca, www.villagedesvaleurs.com, and www.villagedesvaleurs.ca are Copyright 2023-2024, © TVI, Inc., © Value Village Stores, or their respective affiliates and suppliers.
The software and other technology components of www.savers.com.au are Copyright 2014-2024, © TVI, Inc. © Savers Australia Pty Ltd or their affiliates and suppliers. The contents of www.savers.com.au are Copyright 2014-2024, © TVI, Inc., © Savers Australia Pty Ltd, or their respective affiliates and suppliers.
The software and other technology components of www.2ndavestores.com is Copyright 2023-2024, © TVI, Inc. or its affiliates and suppliers. The contents of www.2ndavestores.com is Copyright 2023-2024, © TVI, Inc. or its affiliates and suppliers.
The software and other technology components of www.gogreendrop.com and www.gogreendrop.ca are Copyright 2023-2024, © TVI, Inc., © Value Village Stores, or their affiliates and suppliers. The contents of www.gogreendrop.com and www.gogreendrop.ca are Copyright 2023-2024, © TVI, Inc., © Value Village Stores, or their affiliates and suppliers.
All rights reserved. You may not in any way reproduce or publicly display, perform, distribute or otherwise use any of the information or materials displayed on or available from the Sites for any public or commercial purpose, except for limited backup purposes where appropriate. You may not create any derivative work of the Sites or decompile, reverse engineer, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Sites. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler, or robot) to navigate, search, and/or extract information from the Sites. Additionally, you agree that you will not: (i) take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites. Any unauthorized use of any information or materials displayed on or available from the Sites may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on the Sites are registered and unregistered trademarks, trade names and service marks of the Brand Entities and/or their respective owners and/or affiliates. Nothing contained on the Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Sites without the written permission of the applicable Brand Entity or such other owner. You shall not use Brand Entities’ names or any language, pictures or symbols which could, in Operators’ judgment, imply Brand Entities’ endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
Copyrights. If you are a copyright owner or an agent thereof and believe that any content posted on the Sites infringes upon your copyrights, you may submit written notification to our designated Copyright Agent at LegalAdmin@Savers.com. You should include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. In the United States, this right is pursuant to the Digital Millennium Copyright Act (“DMCA”).
User Generated Content Policy. Submissions include User Generated Content (including reviews, comments, and other communications, photos, videos, and any content) through the Sites and all other sites, model sites, services, applications, platforms, and tools where Terms of Use appear or are linked; or any content you publish through the Sites and allow the Operators to feature; or any inquiries, feedback, suggestions, ideas or other information, whether made by you directly in one of the Sites, or by you tagging any of the Operators associated brands with “@” (for instance, @valuevillage_thrift, @savers_thrift, @2ndavestores, @GoGreenDrop) or by using a hashtag(s) associated with any of the Operators (including but not limited to #valuevillage, #valuevillagethrift, #savers, #saversthrift #villagedesvaleurs, #2ndavestores, #thriftproud, #fiersderéutiliser, #rethinkreuse, #thrifties, #igiveashirt, #giveashirt, #gogreendrop), including your name, Social Media handle, any accompanying text, any image or images from your Social Media account(s). If you make a Submission, you represent to us that you have all the necessary legal rights to upload, post or submit content, and that the Submission complies with these Terms of Use, and that it will not violate any law, or the rights of any person. You agree that all Submissions will be treated as non-proprietary and non-confidential.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation, or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload to, distribute or otherwise publish on the Sites any malware, viruses, spyware, or other malicious software or files to the Sites. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Sites. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Be Courteous. You agree that you will not threaten or verbally abuse other users of the Sites, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages, or “spam”.
Use respectful language. You agree not to use language that abuses or discriminates on the basis of religion, race, nationality, gender, sexual preference, age, region, disability, etc.
You acknowledge and agree that if you make any submission to the Sites (i.e. user generated content including but not limited to User Generated Content) we reserve the right (but have no obligation) to (i) monitor User Generated Content, (ii) disclose any User Generated Content, and the circumstances surrounding its transmission, to any third party (iii) edit, alter, remove, modify, refuse to post or allow to be posted any User Generated Content, publish, transmit, and display by the Operators and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. User Generated Content made to the Sites may also be included in our RSS Feeds and APIs and made available for republishing through other formats.
For any User Generated Content you submit, you grant the Operators a nonexclusive, world-wide, royalty-free, sub-licensable, fully paid-up, irrevocable, transferable right and license to use, display, perform, transmit, tag, encode, index, cache, copy, modify, delete, adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), publish, translate, create derivative works from, sell and distribute such User Generated Content and to incorporate the User Generated Content into any form or media now known or hereafter developed, through the world without compensation to you. For this reason, do not send us any User Generated Content that you do not wish to license to use, including any confidential information or any original creative materials such as stories, product ideas, computer code, or original artwork. In addition, you grant the Operators the right to include the name provided along with the User Generated Content submitted by you; provided, however the Operators shall have no obligation to include such name with such User Generated Content. We are not responsible for the use or disclosure of any personal information that you voluntarily or publicly disclose in connection with any User Generated Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this User Generated Content Policy. You further irrevocably waive any “moral rights” or other rights with respect to attribution or authorship or integrity of materials regarding User Generated Content that you may have under any applicable law under any legal theory. You further represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your submission (including those shown in photographic or video content), and, in the case of minors, also from their parents or legal guardians, as appropriate.
For US and CANADA: If you are under the age of 16, you may not provide any User Generated Content to us. If you are under the age of majority in your jurisdiction of residence but at least 16 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may provide User Generated Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of an individual between the ages of 16 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her User Generated Content and any legal liability that he or she may incur.
For AUSTRALIA: If you are under the age of majority in your jurisdiction of residence but at least 18 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may provide User Generated Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of an individual between the ages of 18 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her User Generated Content and any legal liability that he or she may incur.
You are solely responsible for the User Generated Content you submit. The Operators cannot review every and/or all User Generated Content and are not responsible for the content in these messages. The Operators reserve the right to delete, move, or edit User Generated Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws in violation of these Terms of Use, or is otherwise unacceptable.
By submitting User Generated Content, you are consenting to its display and publication on the Sites and in the Social Media and for related online and offline promotional uses.
Linking to the Sites. Creating or maintaining any link from another website or application to any page on the Sites without our prior written permission is prohibited. Running or displaying the Sites or any information or material displayed on the Sites in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Sites must comply will all applicable laws, rules, and regulations.
Third Party Links. From time to time, the Sites may contain links to websites that are not owned, operated, or controlled by the Operators or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Sites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website(s). Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Sites, you do so entirely at your own risk.
Content is also provided by third party visitors to the Sites. Please note that visitors to the Sites may post content that is inaccurate, misleading, or deceptive. The Operators neither endorse nor are responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of the Operators.
Account Registration and Security. You understand that you may need to create an account to have access to all of the services offered by the Operators. In order to use those portions of the Sites, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Sites’ registration or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Operators have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Operators have the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Sites using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.
User Information. Other than personal information, which is subject to the relevant Site’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to the Sites in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. User Communications must not:
be unlawful, threatening, libellous, defamatory, abusive, obscene, profane, offensive, false, indecent, harmful, racist, inflammatory, bullying, harassing or pornographic;
infringe any third party’s rights (such as intellectual property, privacy, publicity or contractual rights);
contain any harmful components such as viruses, trap doors, hidden sequences, hot keys, or time bombs;
give rise to civil or criminal proceedings;
violate any law, statute, ordinance or regulation;
promote racism, bigotry or hatred of any kind against any group or individual;
promotes or encourages violence against a person or damage or destruction of property;
be fraudulent, false or misleading in any way;
be illegal or promotes any illegal activities; or
contain any advertising, promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation.
Indemnification and Defense. As a condition of the use of the Sites, you agree to defend, indemnify and hold harmless us and our respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or otherwise relating to claims alleging facts that if true would constitute a breach by you of these Terms of Use, or any content submitted by you.
Force Majeure. Neither the Operators nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Privacy. Data collection and use, including data collection and use of personally identifiable information is governed by Operators’ Privacy Policy which is incorporated into and is a part of this Agreement.
Operator Communication. You authorize Operators and their representatives and agents to communicate with you using any cellular or other telephone number and/or email address associated with you or otherwise provided, directly or indirectly, to Operators or their representatives or agents, and, in connection with such communications, to use prerecorded/artificial voice or text messages and/or automatic dialing devices. Data or messaging rates may apply.
Termination. You or we may suspend or terminate your account or your use of the Sites at any time, for any reason or for no reason. You are personally liable for any charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Sites at any time without notice.
Additional Assistance. If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, we invite you to contact us by calling (425) 462-1515 or emailing us.
THE FOLLOWING ONLY APPLY TO US AND CANADA RESIDENTS:
US AND CANADA DISCLAIMERS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOUR USE OF THE SITES AND/OR PROGRAMS IS AT YOUR RISK. THE INFORMATION, MATERIALS, SERVICES AND PROGRAMS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NONE OF THE BRAND ENTITIES NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND NEITHER THE OPERATORS NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. FURTHER, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITES, AND OPERATION OF THE SITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES AND CONDITIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED ON THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES AND CONDITIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
US AND CANADA LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OPERATORS, THEIR EMPLOYEES, OFFICERS, DIRECTORS AND/OR AGENTS, ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY CONTENT, OR THIRD-PARTY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE SITES OR PROGRAMS, OR SERVICES OBTAINED THROUGH THE SITES OR PROGRAMS, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SITES AND/OR PROGRAMS IS ENTIRELY AT YOUR OWN RISK. THE SITES AND PROGRAMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT OPERATORS SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR LOST PROFITS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SITES OR PROGRAMS, ARISING OUT OF USE OR INABILITY TO USE OF THE SITES OR PROGRAMS, OR ANY CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITES OR THROUGH THE PROGRAMS, OR SERVICES OBTAINED THROUGH THE SITES OR PROGRAMS, EVEN IF OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL COLLECTIVE LIABILITY OF THE OPERATORS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SITES OR PROGRAMS FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITES OR PROGRAMS, IF ANY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND CONDITIONS, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEY MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.
US AND CANADA DISPUTES WITH OPERATORS
THIS SECTION DOES NOT APPLY TO RESIDENTS IN THE PROVINCE OF QUEBEC PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND THE OPERATORS HAVE AGAINST EACH OTHER ARE RESOLVED. NOTE: THIS SECTION WILL ONLY APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Operators agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, any claim and all claims, disputes or disagreements (whether in contract, tort, statute, or otherwise) between you and Operators (or any of them) of any kind or nature, including but not limited to those arising out of or relating to or connected in any way with (i) your use of or interaction with the Sites, (ii) any purchases or other transactions or relationships with Operators, or (iii) any data or information you may provide to Operators or that Operators may gather in connection with such use, interaction or transaction (collectively, “Operators Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services or engaging in any other Operators Transactions or Relationships with us, you agree to binding arbitration as provided below.
As a condition precedent to Arbitration, within thirty (30) days of our receipt of your written notice to the applicable Brand Entity., 11400 SE 6th Street, Suite 125, Bellevue WA 98004, we will make reasonable efforts to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services or otherwise affirmatively agreeing to these Terms of Use, you agree that any and all complaints, disputes, or disagreements you may have against Operators (or any of them), and any claim that Operators (or any of them) may have against you of any kind or nature, including but not limited to those arising out of, relating to, or connected in any way with these Terms of Use, our Privacy Policy or additional program terms shall be resolved 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”). The Applicable Rules can be found at www.jamsadr.com. If, at the time the arbitration is filed, JAMS has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, Operators agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:
(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Operators (the “Arbitrator”);
(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Use and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms of Use is void or voidable;
(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Operators; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
(d) Governing Law. The Arbitrator (i) shall apply internal laws of the State of Washington 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 U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Washington or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(e) No Class Relief. The Arbitration can resolve only your and/or Operators’ individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(g) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Operators will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(h) Reasonable Attorney’s Fees. In the event you recover an Award greater than Operators’ last written settlement offer, the Arbitrator shall also have the right to include in the Award Operators’ reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Operators shall in all events bear its own attorneys’ fees; and
(i) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Operators shall be entitled to arbitrate their dispute and must instead bring any claims in a court of competent jurisdiction.
(j) Modification of Arbitration Clause With Notice. Operators may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Operators has given notice of such modifications and only on a prospective basis for claims arising from Operators Transactions and Relationships occurring after the effective date of such notification.
(k) Small Claims Matters and Infringement are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Operators in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding. Additionally, Operators shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
US AND CANADA Choice of Law; Jurisdiction. These Terms of Use supersede any other agreement between you and any of the Operators to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms of Use will be governed by and construed in accordance with the laws of the United States and the State of Washington, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Sites will be brought only in the courts of King County in the State of Washington or the United States District Court for the Western District of Washington. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
THE FOLLOWING SECTIONS ONLY APPLY TO AUSTRALIA RESIDENTS:
AUSTRALIA DISCLAIMERS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BUT SUBJECT ALWAYS TO ANY IMPLIED CONDITION, WARRANTY OR GUARANTEE THE EXCLUSION OF WHICH FROM THESE TERMS WOULD CONTRAVENE ANY STATUTE (INCLUDING BUT NOT LIMITED TO THE AUSTRALIAN CONSUMER LAW IN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)) OR CAUSE ANY PART OF THESE TERMS TO BE VOID (“NON-EXCLUDABLE RIGHTS”), YOUR USE OF THE SITES AND/OR PROGRAMS, INCLUDING WITHOUT LIMITATION ANY USER CONTENT OR USER COMMUNICATIONS, IS AT YOUR RISK. SUBJECT TO ANY NON-EXCLUDABLE RIGHTS, THE INFORMATION, MATERIALS, SERVICES AND PROGRAMS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SUBJECT TO ANY NON-EXCLUDABLE RIGHTS, NEITHER TVI, SAVERS NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND NEITHER THE OPERATORS NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. FURTHER, SUBJECT TO ANY NON-EXCLUDABLE RIGHTS, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITES, AND OPERATION OF THE SITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BUT SUBJECT ALWAYS TO ANY NON-EXCLUDABLE RIGHTS, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED ON THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUT SUBJECT ALWAYS TO ANY NON-EXCLUDABLE RIGHTS, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
AUSTRALIA LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BUT SUBJECT ALWAYS TO ANY NON-EXCLUDABLE RIGHTS, OPERATORS ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY CONTENT, OR THIRD PARTY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE SITES OR PROGRAMS, OR SERVICES OBTAINED THROUGH THE SITES OR PROGRAMS, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SITES AND/OR PROGRAMS IS ENTIRELY AT YOUR OWN RISK. SUBJECT TO ANY NON-EXCLUDABLE RIGHTS, THE SITES AND PROGRAMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION IN RELATION TO NON-INFRINGEMENT OF A THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT, SUBJECT TO ANY NON-EXCLUDABLE RIGHTS, OPERATORS SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SITES OR PROGRAMS, ARISING OUT OF USE OR INABILITY TO USE OF THE SITES OR PROGRAMS, OR ANY CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITES OR THROUGH THE PROGRAMS, OR SERVICES OBTAINED THROUGH THE SITES OR PROGRAMS, EVEN IF OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, BUT SUBJECT ALWAYS TO ANY NON-EXCLUDABLE RIGHTS, THE TOTAL COLLECTIVE LIABILITY OF THE OPERATORS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SITES OR PROGRAMS FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITES OR PROGRAMS, IF ANY.
OUR TOTAL LIABILITY TO YOU FOR A BREACH OF ANY NON-EXCLUDABLE RIGHT (OTHER THAN A BREACH OF A NON-EXCLUDABLE RIGHT THAT BY LAW CANNOT BE LIMITED) IS LIMITED, AT OUR OPTION TO ANY ONE OF RESUPPLYING, REPLACING OR REPAIRING, OR PAYING THE COST OF RESUPPLYING, REPLACING OR REPAIRING GOODS IN RESPECT OF WHICH THE BREACH OCCURRED, OR SUPPLYING AGAIN OR PAYING THE COST OF SUPPLYING AGAIN, SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED.
WHERE NON-EXCLUDABLE RIGHTS APPLY UNDER THE AUSTRALIAN CONSUMER LAW, OUR GOODS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED BY AUSTRALIAN CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE, AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS REPAIRED OR REPLACED IF GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.
AUSTRALIA DISPUTES WITH OPERATORS
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND THE OPERATORS HAVE AGAINST EACH OTHER ARE RESOLVED. NOTE: THIS SECTION WILL ONLY APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Sites, (ii) any purchases or other transactions or relationships with Operators, or (iii) any data or information you may provide to Operators or that Operators may gather in connection with such use, interaction or transaction (collectively, “Operators Transactions or Relationships”), you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, or disagreement you may have against Operators, and any claim that Operators may have against you, arising out of, relating to, or connected in any way with these Terms of Use, our Privacy Policy or additional program terms shall be submitted to arbitration in accordance with, and subject to, Resolution Institute Arbitration Rules. Unless the parties agree upon an arbitrator, either party may request a nomination from the Chair of Resolution Institute.
AUSTRALIA Choice of Law; Jurisdiction. These Terms of Use supersede any other agreement between you and any of the Operators to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms of Use will be governed by and construed in accordance with the laws of Australia and the State of Victoria, without giving effect to any principles of conflicts of laws. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
