Terms of Service
Terms of Service
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, all written content on this site is owned by Brook Valley Thrift Stores Inc. and/or our affiliates or licensors, and is protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, you may not modify, copy, reproduce, republish, upload, post, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site without prior permission. You may, however, download, print, and/or share one copy of individual pages of the Site for non-commercial use, provided that you keep intact all copyright and other proprietary notices.
LICENSE AND ACCESS
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are sixteen years of age or older. If you are under the age of majority in your jurisdiction of residence but at least 16 years of age subject to supplemental terms, you may provide User Content only with the permission of a parent or legal guardian. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
LIMITATIONS ON LINKING AND FRAMING
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property. The Site may contain links to other websites not owned or controlled by us. If you use these links you leave the Site and do so at your own risk.
This Site may provide links to other websites which are not under the control of the Company. User acknowledges that information and opinions contained in this website or other websites that are linked from this website are not necessarily endorsed by this Site or the Company. Reference within this website to any individual, organization, product or service is not meant to imply the endorsement of the Company unless so stated.
You are prohibited from posting any unlawful, obscene, threatening or otherwise inappropriate material. If we determine in our sole discretion that you have posted inappropriate material, we may take action including but not limited to removing the material. We will cooperate with authorities directing us to disclose the identity of anyone posting such materials.
ACCURACY OF INFORMATION
While we shall endeavor to ensure that all information on the Site is accurate, we cannot vouch that all information will be accurate and up-to-date at all times. The Site contains a large amount of data, and errors are likely to occur in tracking changes – for example, changes in dates and times of events.
We, therefore, do not accept any liability for error or omission with regards to the content of the Site. Should you find any inaccurate information on the Site, please inform us at email@example.com and we shall correct it as soon as it is practicable to do so.
We cannot guarantee the accuracy or reliability of this material and hereby disclaim any responsibility for error, omission or inaccuracy in the material or for any misinterpretation, loss, disappointment, negligence or damage caused by reliance on any material contained within the Site.
We accept no responsibility for the content of any Site to which a hypertext link from this Site exists. Such links are provided for your convenience on an ‘as is’ basis.
All content, products, services, and prices detailed on the Site are subject to change at any time. The inclusion of products on the Site does not warrant that these products will be available at any time.
Certain offers, products, and promotions may be limited in our sole discretion to a particular geographic region. We are not responsible if you see a promotion that is not available in your geographic region. We reserve the right to add, change, or discontinue promotions or offers at any time without prior notice.
The Company uses industry-standard practices to protect your information against theft or unauthorized use. The Company stores information on servers located in the United States. Perfect security does not exist on the internet so if you feel that your privacy may have been breached, please contact us as provided above
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, YOU USE THE SITE AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING IN OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. WE DO NOT GUARANTEE ACCURACY OR COMPLETENESS OF INFORMATION NOR DO WE GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SITE. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM LIABILITY FOR PRODUCT DEFECTS, CLAIMS DUE TO NORMAL USE, OR IMPROPER USE. WE DO NOT GUARANTEE THAT THE SITE OR ITS SERVER IS ERROR-FREE OR FREE FROM UNAUTHORIZED ACCESS.
TERMINATION AND ACCESS RECSTRICTION
If you are a copyright owner and believe that any content on this Site infringes on your copyrights, you may submit written notification to our designated Copyright Agent at firstname.lastname@example.org in accordance with the Digital Millennium Copyright Act. A DMCA notice must be in writing and must specifically identify the copyrighted work believed to be infringed, must provide sufficient contact information to contact the copyright owner, must provide if available information to identify the copyright infringer, and must include the following statement “I have a good faith belief that the use of the material in the manner complained is not authorized by the copyright owner, its agent or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner”, and the notice must be signed.
EXCEPT AS EXPLICITLY PROVIDED OTHERWISE, ALL NOTICES ARE TO BE SENT BY MAIL TO BROOK VALLEY THRIFT STORES, INC., ATTN: LEGAL/WEBSITE, 4880 VALLEYDALE ROAD, BIRMINGHAM, AL 35242.
These Terms shall be construed in accordance with and governed by the laws of the United States and the State of Alabama, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THE USE OF THIS SITE OR THE BREACH, TERMINATION, ENFORCEMENT INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN BIRMINGHAM, ALABAMA BEFORE A PANEL OF THREE ARBITRATORS. The arbitrators must be either a retired judge from a federal or state court or a lawyer with 10 years active practice in technology, cybersecurity, or privacy law. This arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
1. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have the authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for the administration of this Agreement. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Notices to the Site should be sent first-class or certified mail to Brook Valley Thrift Stores, Inc., Attn: Legal/ Website, 4880 Valleydale Road, Birmingham 35242. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the executives of both parties shall meet at a mutually acceptable time and place.
2. Unless otherwise agreed to in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of executives described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired. 3.
3. All offers, promises, conduct and statements, whether oral or written, made in the course of negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that the evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
4. At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to the Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 1 above.
5. All applicable statutes of limitations and defenses based upon the passage of time shall be tolled while the procedures specified in Paragraphs 1 and 2 above are pending and for 15 calendar days thereafter. The parties will take such action, if any, required to effectuate such tolling.
Within 15 days after the commencement of arbitration, each party shall select one person to act as arbitrator, and the two so selected shall select a third arbitrator within 30 days of the commencement of the arbitration. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator within the allotted time, the third arbitrator shall be appointed by JAMS in accordance with its rules. All arbitrators shall serve as neutral, independent, and impartial arbitrators.
The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Alabama, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs 1-16).
In any arbitration arising out of or related to this Agreement the arbitrator(s) are not empowered to award punitive or exemplary damages except where permitted by statute, and the parties waive any right to recover any such damage.
In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. The Parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of the Agreement, including Rules 16.1 and 16.2 of those Rules.
THIS SECTION REQUIRES THAT ANY CLAIMS, DISPUTES OR CONTROVERSY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS SITE MUST BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION. THIS SECTION IS DEEMED TO BE A “WRITTEN AGREEMENT TO ARBITRATE” PURSUANT TO THE FEDERAL ARBITRATION ACT.
Arbitration is less formal than a lawsuit and we believe it is a more efficient and less expensive way to resolve any dispute or disagreement. Arbitrators can award the same damages as a court can award.