WEBSITE TERMS AND CONDITIONS OF USE
1. User's Acknowledgment and Acceptance of Terms
2. Disclaimers and Limitation of Liability
By using this site, you expressly agree that the use of this site is at your sole risk. This site is provided on an “AS IS” and “AS AVAILABLE” basis. Neither we nor our Affiliates warrant that use of this site will be uninterrupted or error-free. Neither we nor our Affiliates warrant the accuracy, integrity or completeness of the content provided on this site or the products or services offered for sale on this site. To the fullest extent permitted by law, we and our Affiliates expressly disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement.
Except where this limitation of liability is prohibited by law, neither we nor our Affiliates shall be liable for any direct, indirect, special or consequential damages that result from your use of or inability to use this site, including but not limited to reliance by you on any information obtained from this site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. This limitation on liability shall apply to all content, products and services available through this site.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have has no control over third-party networks you may access in the course of your use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
3. Registration Data and Privacy
In order to make purchases or access some of the services on this site, you will require an account and password that can be created by completing our online registration form, which requests certain information and data ("Registration Data") and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
4. Errors on Our Site
Despite our efforts to ensure that the information on this site is accurate, complete and current, there may be instances when this site contains inaccurate or incomplete data, including data about product descriptions, pricing, availability and anticipated shipping and arrival dates. We reserve the right to correct errors and/or update the content of this site at any time without notice. Prices, availability of products and services and anticipated ship dates are subject to change without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If we cancel your order due to an inaccuracy after your payment has been processed, we will issue a full refund to the original pay type.
5. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to products, services, documents or information provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us or our Affiliates, or any warranty of any kind, either express or implied.
Creating or maintaining any link from another website to any page of this site without our prior written permission is prohibited. Running or displaying this site or any material displayed on this site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this site must comply with all applicable laws, rules and regulations.
6. Intellectual Property Information
Certain trademarks, trade names and service marks used or displayed on this site are the registered and unregistered trademarks, trade names and service marks of their respective owners, including Big 5 Corp. and its affiliates. The following are trademarks, registered trademarks, or service marks of Big 5 Corp.or its Affiliates: Big 5, Big 5 Sporting Goods, Court Casuals, Golden Bear, Pacifica, Rugged Exposure, South Bay, 555, and Triple Nickel. Nothing contained on this site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, registered trademarks, trade names, service marks or logos displayed on this site without the written permission of Big 5 Corp. or the respective owner of the intellectual property at issue.
7. User Information
8. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any communications sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any improper use, unauthorized transfer or sharing thereof.
9. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States. Those who choose to access this site from locations outside the United States do so on their own initiative and are responsible for compliance with local laws. We currently do not ship products or gift cards offered for sale on this site outside of the United States. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
10. Termination of Use
11. Governing Law
12. Contacting Us
Cal our Customer Service representatives at (800) 898-2994;
E-mail us at WEBSUPPORT [at] BIG5CORP.COM; or by letter to:
Big 5 Sporting Goods
2525 East El Segundo Boulevard
El Segundo, California 90245
Attn: Web Support
13. Entire Agreement
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.