TERMS & CONDITIONS

 

Introduction
• Introduction
• Content
• License & Access
• Unlawful or Prohibited Uses

Introduction

BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site. Certain areas within the Site may be governed by additional terms and policies ("Additional Terms"). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.

Content

All content included on the Site such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively "Content") is owned or licensed property of 70 Percent Off Stores, Inc or its suppliers or licensors, and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of 70 Percent Off Stores, Inc and protected by U.S. and international copyright laws. 70 Percent Off Stores, Inc and its suppliers and licensors, expressly reserve all intellectual property rights in all Content.

License and Access

70 Percent Off Stores, Inc grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the "UNLAWFUL OR PROHIBITED USES" section of these Terms & Conditions. You may download, print and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.

Unlawful or Prohibited Uses

The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to 70 Percent Off Stores, Inc that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

• Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices or images;
• Download, copy or transmit any Content for the benefit of any other merchant;
• Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by 70 Percent Off Stores, Inc or generally publicly available browsers;
• Frame, mirror or use framing techniques on any part of the Site without 70% OFF STORES, INC. ’s express prior written consent;
• Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, account information, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms & Conditions;
• Use any meta tags or any other hidden text utilizing 70% OFF STORES, INC.’s name or marks;
• Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
• Use a buying agent to conduct transactions on the Site;
• Conduct fraudulent activities on the Site;
• Violate or attempt to violate the security of the Site, whether in an automated fashion or otherwise, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are (a) not authorized to access or, (b) in the case of a user account, not the registered user of such account; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the 70 Percent Off Stores, Inc) or to the Site (impersonating another user whether such user provided their approval for such action(s) or not);
• Send unsolicited or unauthorized email on behalf of 70 Percent Off Stores, Inc or any 70 Percent Off Stores, Inc Partner, including promotions and/or advertising of products or services;
• Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
• Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
• Harvest or collect personally identifiable information about other users of the Site;
• Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
• Use the Site to advertise or offer to sell or buy any goods or services without 70 Percent Off Stores, Inc express prior written consent;
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
• Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

Your Account
• Your Account
• Modification & Termination
• User Reviews, Comments & Submissions

Your Account

You may be required to register with 70 Percent Off Stores, Inc in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only, and you will not share your user name or password with any individual or third party (other than 70 Percent Off Stores, Inc). If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to 70 Percent Off Stores, Inc including those set forth in these Terms & Conditions, 70 Percent Off Stores, Inc reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

Modification & Termination

70 Percent Off Stores, Inc may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. 70 Percent Off Stores, Inc reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any change to these Terms & Conditions after your last usage of the Site will not be applied retroactively. 70 Percent Off Stores, Inc reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms & Conditions, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.

User Reviews, Comments & Submissions

70 Percent Off Stores, Inc welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site, or any content or information you publish through any social media and allow 70 Percent Off Stores, Inc to feature, such as your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, "User Content") as long as the User Content submitted by you complies with these Terms & Conditions. User Content will not include any photographs or images you submit as part of a Transaction (as defined below). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and 70 Percent Off Stores, Inc assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to 70% OFF STORES, INC. a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, including but not limited to non-digital media and advertising channels, such as in-store marketing, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to 70 Percent Off Stores, Inc the right to include the name provided along with the User Content submitted by you; provided, however, 70 Percent Off Stores, Inc shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the User Content to use, and grant to third parties such as 70% OFF STORES, INC. the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. 70 Percent Off Stores, Inc neither endorses nor is 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 70 Percent Off Stores, Inc.

Receiving Discount 70 DBucks Rewards

When you are a Discount 70 DBucks Rewards member, in order to receive, earn and redeem all the Discount 70 DBucks Rewards, you need to provide your first and last name and a valid email address in your 70% OFF STORES, INC. account. In order to receive birthday rewards, you also need to provide your birthday in your Discount 70 DBucks Rewards account.

One Discount 70 DBucks Rewards membership is permitted per guest. Your membership and any Discount 70 DBucks Rewards, are non-transferable and are subject to future Discount 70 DBucks Rewards.

Discount 70 DBucks Rewards may be used only for personal, family and household purposes. You agree that you will not use Discount 70 DBucks Rewards for business or commercial purposes. Resellers are expressly excluded from Discount 70 DBucks Rewards. If you purchase items in violation of these terms, including resale, 70% Off Stores, Inc reserves the right to not award Discount 70 DBucks Rewards to deduct improperly awarded Discount 70 DBucks Rewards and/or to terminate your participation in Discount 70 DBucks Rewards.

Opting out of Discount 70 DBuck Rewards and forfeiture of Discount 70 DBucks Rewards Benefits.

If you opt out of Discount 70 DBucks Rewards, any accumulated Discount 70 DBucks Rewards will be deleted and you may not have access to other Discount 70 DBucks Rewards. If you later re-join Discount 70 DBucks Rewards, any deleted Discount 70 DBucks Rewards will not be reinstated.

If you or 70% Off Stores, Inc delete, suspend or close your Discount 70 DBucks Rewards account, any accumulated Discount 70 DBucks Rewards will be deleted and you may not have access to other Discount 70 DBucks Rewards benefits.  In the event of any abusive or fraudulent activity related to Discount 70 DBucks Rewards, and/or any violation of Discount 70 DBucks Rewards terms, as determined in our sole discretion, 70 % Off Stores, Inc reserves the right to make any adjustments to your Discount 70 DBucks Rewards account and/or terminate your participation in Discount 70 DBucks Rewards at any time.

If you enroll or participate in Discount 70 DBucks Rewards using an invalid telephone number, such as a toll free number, international telephone number, invalid area code or invalid exchange, 70% Off Stores, Inc reserves the right to delete Discount 70 DBucks Rewards Earnings rewards, Community Giving Program votes and any other Discount 70 DBucks Rewards benefit associated with the invalid telephone number. 70 % Off Stores will not reinstate any deleted Discount 70 DBucks Rewards Earnings rewards if a valid telephone number is subsequently provided.

70% Off Stores, Inc. reserves the right to change, limit, modify or terminate Discount 70 DBucks Rewards, the Discount 70 DBucks Rewards Terms, and/or your membership, for any or no reason, at any time, with or without notice.

Other restrictions may apply to earning Discount 70 DBucks Rewards rewards.

To redeem Discount 70 DBucks Rewards you will need a Discount 70 DBucks Rewards account, including your telephone number if you joined Discount 70 DBucks Rewards by providing your telephone number. Once your Discount 70 DBucks Rewards profile is complete, you can redeem Discount 70 DBucks Rewards Earnings.

When you elect to redeem Discount 70 DBucks Rewards Earnings rewards, the entire amount will be applied to your purchase. You cannot elect to redeem only a portion of your Discount 70 DBucks Rewards Earnings. If your purchase is less than the amount of the Discount 70 DBucks Rewards rewards you have redeemed, the remaining amount may be unavailable for a second transaction until the first transaction has completed processing.

Discount 70 DBucks Rewards rewards are applied to the total purchase amount after all other discounts have been applied to the purchase transaction.

Discount 70 DBucks Rewards Earnings cannot be redeemed for the following:

• purchases of Discount 70 GiftCards

 

Other restrictions may apply to redeeming Discount 70 DBucks Rewards Earnings rewards.

If items that earned Discount 70 DBucks Rewards returned, the associated Discount 70 DBucks Rewards Earnings rewards may be removed from your Discount 70 DBucks Rewards Earnings rewards balance. If you have already redeemed Discount 70 DBucks Rewards Earnings rewards on the returned items, 70% Off Stores, Inc. reserves the right to take your Discount 70 DBucks Rewards Earnings rewards to a negative balance (i.e. a balance of less than zero in your Discount 70 DBucks Rewards account). In such event you will not have redeemable Discount 70 DBucks Rewards Earnings rewards until the balance is greater than zero.

Birthday Reward

When you include your birth date in your Discount 70 DBucks Rewards account, on or near your birthday you will receive a birthday reward. The reward can be accessed in store.

Discount 70 DBucks Rewards Offers are only valid in store, unless explicitly noted otherwise. Discount 70 DBucks Rewards cannot be combined with any other offers or coupons. The Discount 70 DBucks Rewards Offer value may not exceed the value of the item purchased. All Discount 70 DBucks Rewards Offers will have no cash value.

70% Off Stores, Inc. has the right to remove or cancel offers from Discount 70 DBucks Rewards, at any time and for any reason without notice.

Only those Discount 70 DBucks Rewards Offers that are in your offers list at the time of purchase can be redeemed. If you print your list and an offer expires or is canceled before you redeem the offer, that offer will not be valid.

For Discount 70 DBucks Rewards Offers with a percentage discount, the actual dollar value may vary based on the item price at each store.

All Discount 70 DBucks Rewards Offers are subject to local and state laws and regulations. Such offers may be restricted or void in some locations. Discount 70/70% Off Stores, Inc. shall have no liability for the impact such laws or regulations may have on the ability to utilize such offers.

All descriptions, images, references, features, content, specifications, products and prices described or depicted on Discount 70 DBucks Rewards are subject to change at any time without notice.

Pricing, promotions and availability of items appearing in Discount 70 DBucks Rewards Offers may vary. Not all items are available in all markets. Descriptive, typographic and photographic errors are subject to correction and 70% OFF STORES, INC. shall have no liability of any kind for such errors.

User Transactions

If you wish to purchase any product or service made available through the Site including items sold by 70% Off Stores, Inc., you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to 70% Off Stores the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, non-public, home use (where no admission fee is charged) and may not be duplicated. 70% Off Stores, Inc.  reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

70% Off Stores or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

Limitations on Quantity

70% Off Stores, Inc.  does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. 70% Off Stores, Inc. reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.

Colors

70% Off Stores, Inc. strives to display as accurately as possible the colors of the products shown on the Site; however, 70% Off Stores, Inc. cannot and does not guarantee that your monitor’s display of any color will be accurate.

Availability, Errors & Inaccuracies

70% Off Stores, Inc. acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. 70% Off Stores, Inc. makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. 70% Off Stores, Inc., reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.

Rules for Promotions

Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.

Returns

If you are not fully satisfied with your purchase of items sold by 70% Off Stores, Inc., you may return it in accordance with 70% Off Stores,  Inc’s  Return Policy.

Gift Cards & Certificates

All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from the State of Minnesota. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.

Mobile Terms and Conditions

1. These terms and conditions apply to SMS text messages sent by 70% Off Stores, inc. These messages can be recurring (e.g. Discount 70 DBucks Rewards) or one-time (e.g. in- in-store promotion).

2. You can cancel the SMS service at any time. Just text “STOP” in response to the text message you received. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from that particular short code. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. .

3. If at any time you forget what keywords are supported, just text “HELP” to the text message you received. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

4. Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date time and content of your messages and other information you provide to 70% Off Stores, Inc. as part of this service. 70% Off Stores, Inc. may use this information to contact you and provide services you request from 70% Off Stores, Inc. 70% Off Stores, Inc. may also use this information as described in the subscription list you’ve enrolled in. 70% Off Stores, Inc. may use an automatic dialing system to deliver text messages to you. If you have questions regarding our privacy practices, please read our privacy policy at discount70online.com/privacy

5. As always, message and data rates may apply for any messages sent to you from us and to us from you. The maximum number of messages per month you will receive will vary based on the subscription list you’ve enrolled in. If you have any questions about your text or data plan, it is best to contact your wireless provider.

6. 70% Off Stores, Inc. will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.

7. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***

8. If you have questions regarding how 70% Off Stores, Inc. collects, uses, shares, and protects guest information, please read our 70% Off Stores, Inc. privacy policy.

Risk of Loss

Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.

Disclaimers of Warranties

70% Off Stores, Inc. cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY 70% OFF STORES, INC. ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. 70% OFF STORES, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM 70% OFF STORES, INC. ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, 70% OFF STORES, INC. DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

70% OFF STORES, INC. DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.

On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk.

Jurisdictional Issues

The Site is controlled and operated by 70% OFF STORES, INC. from the United States, and is not intended to subject 70% OFF STORES, INC. to the laws or jurisdiction of any state, country or territory other than that of the United States. 70% OFF STORES, INC. does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL 70% OFF STORES, INC. OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF 70% OFF STORES, INC.HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, 70% OFF STORES, INC. OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF 70% OFF STORES, INC.’S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.

EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND 70% OFF STORES, INC. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND 70% OFF STORES, INC. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

Indemnification & Defense

As a condition of the use of the Site, you agree to defend, indemnify and hold harmless 70% OFF STORES, INC. and its 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) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.

Please read this section carefully. Except as the Terms & Conditions otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.

• Agreement to Binding Arbitration

You and 70% OFF STORES, INC. agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the site or (2) the breach, enforcement, interpretation, application, or validity of these Terms & Conditions, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these Terms & Conditions (the “Arbitration Agreement”).

• Exceptions to Arbitration

Notwithstanding the foregoing, in lieu of arbitration: (1) either you or 70% OFF STORES, INC. can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or 70% OFF STORES, INC. may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

• Jury Trial & Class Action Waiver

Except as the Terms & Conditions otherwise provide, you and 70% OFF STORES, INC. acknowledge and agree that you are each waiving the right to a trial by jury. The parties further agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and 70% OFF STORES, INC. may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim.

If any court or arbitrator determines that any term in the immediately preceding paragraph is unenforceable for any reason as to any claim, then the Arbitration Agreement will be inapplicable to that claim, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to the Arbitration Agreement.

• Governing Law & Arbitration Rules

The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of this section. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of Minnesota.

The arbitration will be conducted under the then current and applicable rules of the American Arbitration Association (“AAA”). The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

• Initiating Arbitration

If you intend to seek arbitration you must first send a written notice (“Notice”), by first class or certified mail to 70% OFF STORES, INC. Guest Services, 63 St Anthony Parkway, Minneapolis, MN 55418. If 70% OFF STORES, INC. intends to seek arbitration, 70% OFF STORES, INC. will send a Notice to the current billing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings.

A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to 70% OFF STORES, INC. at 70% OFF STORES, INC. Law Department, 63 St Anthony Parkway, Minneapolis, MN 55418, and 70% OFF STORES, INC. will send such copy to the current billing address on your account or to your attorney, if you have retained one.

• Fees

For claims of $100,000 (US Dollars) or less, you will pay the filing fee specified in the rules of the AAA. 70% OFF STORES, INC. will pay any additional required filing fees, and all administration and arbitrator fees (collectively, “Arbitration Fees”) unless the arbitrator determines that your claim is frivolous. For claims over $100,000 (US Dollars), you will be responsible for the Arbitration Fees.

• Location & Procedure

If your claim is for $10,000 (US Dollars) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of your residence, or as otherwise mutually agreed to by the parties. If your claim exceeds $10,000 (US Dollars), the location of the arbitration and the parties’ right to a hearing will be determined in accordance with the rules of the AAA.

• Arbitrator’s Decision

The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. 70% OFF STORES, INC. waives its right to seek attorneys’ fees and costs in arbitration.

Choice of Law, Forum Selection, & Jury Waiver

Except as set forth in the Arbitration Agreement section above, all matters relating to your access to or use of the site and all matters arising out of or related to these Terms & Conditions, will be governed by the applicable laws of the United States of America and the laws of the State of Minnesota, without regard to Minnesota’s choice of law principles. Unless you and 70% OFF STORES, INC. agree otherwise, in the event that it is determined or these Terms & Conditions provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the District of Minnesota, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of Minnesota for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Minnesota located in Hennepin County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and 70% OFF STORES, INC. both waive your right to a jury trial, unless such waiver is unenforceable.

The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.

Miscellaneous

These Terms & Conditions, including policies and information linked from or incorporated herein or otherwise found on the Site, constitute the entire agreement between you and 70% OFF STORES, INC. with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. Except as provided in the Arbitration Agreement section, if any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

Contact Us

If you have any concerns about 70% OFF STORES, INC.or your use of the Site, please contact us with a detailed description, and we will try to resolve it.