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Terms & Conditions

WEBSITE TERMS AND CONDITIONS OF USE


1. User's Acknowledgment and Acceptance of Terms


Big 5 Corp., dba Big 5 Sporting Goods (referred to as "us" or "we") provides the big5sportinggoods.com website and various related services (together referred to as this "site") subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.


BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.


We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.


As used in these Terms of Use, references to our "Affiliates" include our parent companies, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.


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.


We reserve the right to change, suspend or discontinue all or any aspects of this site at any time, with or without notice. We shall not be liable to you or any third party should we exercise this right. Changes we may make to this site include, but are not limited to, changes in pricing of services and products offered or advertised on this site. Any new features added to this site shall also be subject to these Terms of Use.


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.


You also grant us the right to disclose to third parties certain Registration Data about you, subject to the terms of our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.


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


Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. Please do not submit confidential or proprietary information to us unless we have agreed in advance in writing to receive such information from you.


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


You agree that we may, in our sole discretion, terminate or suspend your access to all or part of this site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.


Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and bar any further access to such account or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. These Terms of Use shall survive any termination. You remain liable for any orders that you place or charges that you incur prior to termination.


11. Governing Law


By accessing this site you agree that these Terms of Use shall be construed in accordance with the laws of the State of California, without regard to the conflicts of law provisions thereof. You further agree that any dispute arising under these Terms of Use shall be resolved exclusively by the state courts of the State of California, County of Los Angeles, or the federal courts of the Central District of California.


12. Contacting Us


If you have any difficulties in using this site or if you have any questions about these Terms of Use, please contact us in one of the following ways:



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


These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.


14. Miscellaneous


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.


If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.


Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.