Updated January 2018
By accepting these Terms, you agree to resolve disputes through binding individual arbitration and you waive the right to have disputes resolved through class action litigation. Please refer to the Section headed “Class Action Waiver and Arbitration of Disputes On an Individual Basis” below.
99 Cents may modify the Terms at any time. Modified versions of these Terms will be posted on the Site, so please check back when you use the Site. By continuing use of the Site after modifications to the Terms are posted, you agree to be bound by the modifications.
RELATED POLICIES AND PRACTICES
Your use of the Site is subject to the following policies and practices:
SCOPE OF USE
You may view and use the Site only for your personal, non-commercial use. Except as otherwise permitted by these Terms, none of the content or software on the Site may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of 99 Cents.
You understand that 99 Cents may discontinue, change, or restrict or block your use of the Site for any reason without notice.
By using the Site, you represent that you are at least 18 years old and a legal U.S. resident.
CONTENT, PRICING AND ERRORS
We try to be accurate when providing product descriptions, prices, promotional material, photos, videos and other information (collectively, “Content”) on the Site, but we do not warrant that the Content is accurate, complete, reliable, current or error free. Prices and promotions are subject to change and may vary from those offered in our stores, or from store to store, and from those offered in local advertisements. Please visit a store to confirm the price and availability of an item.
Offers and promotions are void where prohibited.
THE SITE AND ALL CONTENT IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS AND NON-INFRINGEMENT. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND THE CONTENT AVAILABLE ON THE SITE IS AT YOUR SOLE RISK. 99 CENTS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES.
The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
LIMITATION OF LIABILITY
YOUR USE OF THE SITE AND CONTENT IS AT YOUR OWN RISK. 99 CENTS SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE OR CONTENT, EVEN IF 99 CENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS.
Certain areas of the Site may enable you to provide feedback, comments or reviews, participate in question and answer or user forums, and submit photos, videos or other content ("User Submissions").
Your User Submissions must be related to the subject matter of the Site, must comply with applicable law, and must not contain links or references to other websites. You must disclose any affiliation you have that is relevant to your User Submission.
Your User Submissions must not be illegal, abusive, defamatory, obscene, infringing, threatening, repetitive, false, misleading or otherwise inappropriate, or that contain any viruses or other software that may adversely affect the operation of the Site or another user's computer.
The Site, the Content and all software, graphics, typefaces, audio tracks and other materials comprising the Site and the Content are protected by copyright, trademark, patent or other proprietary rights. To the fullest extent allowed by law, 99 Cents owns the copyright in the selection, arrangement, coordination and enhancement of all Content. 99 Cents and its suppliers and licensors expressly reserve all intellectual property rights in all of the foregoing.
You must not modify, reproduce or distribute any of the Content or the design or layout of the Site, individual sections of the design or layout of the Site, or 99 Cents logos or other trademarks without our express written permission. You must not copy, scrape, frame, modify, publish, transmit or commercially exploit the Site or any Content without 99 Cents’ prior written approval.
LINKS TO AND FROM OTHER SITES
If you wish to create a link to the Site then, unless otherwise set forth in a written agreement between you and 99 Cents, you must adhere to 99 Cents linking policy as follows: (i) any link to the Site must be a text only link clearly marked "99 Cents Website," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with 99 Cents names and trademarks, (iii) the link must "point" to "99only.com" and not to other pages within the Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by or associated with 99 Cents, (v) when selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking website, and (vi) 99 Cents reserves the right to revoke its consent to the link at any time, and to discontinue the Site and/or to change the URL of the 99only.com home page, in its sole discretion.
You must not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity or authorization to use the Site; (b) attempt to gain unauthorized access to other computer systems through the Site; (c) engage in spidering, "screen scraping," "database scraping," harvesting of email addresses, wireless addresses or other contact or user information, or any other automatic means of obtaining lists of users or other information from or through the Site; (d) obtain or attempt to obtain unauthorized access to 99 Cents’ computer systems, materials or information through any means; (e) use the Site or the services made available on or through the Site in any manner with the intent to deface, interrupt, damage, disable, overburden, or impair the Site, including sending mass unsolicited messages or "flooding" servers with requests; (f) use the Site in violation of 99 Cents’ or any third party's intellectual property or other proprietary or legal rights; or (v) use the Site in violation of any applicable law.
99 Cents has the right, but not the obligation, to monitor any activity and content associated with forums and interactive areas on the Site. 99 Cents may access at any time and use internally for any lawful purpose information stored in its systems. 99 Cents may disclose such information to any third party, including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any action we deem appropriate, including without limitation, issue a warning, suspend or terminate your access and use of the Site and/or Content at any time.
LOCATION & GOVERNING LAW
The Site is operated by 99 Cents from its offices in Commerce, California, USA (even if the Site is hosted at one or more other locations). The law of the State of California shall govern these terms and conditions, without reference to its choice of law rules. 99 Cents makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
You agree to indemnify, defend, and hold 99 Cents, its licensors and their respective affiliates harmless from and against any and all claims, damages, costs, attorneys' fees and expenses arising from or related to your use of the Site or any of the Content.
CLASS ACTION WAVIER AND ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS
Any controversy, dispute, claim, demand or cause of action (a “Dispute”) between you and 99 Cents or 99 Cents' employees or agents concerning or arising from your access to or use of the Site or any Content (whether based on contract, tort, constitutional or statutory rights, common law or equity) shall exclusively be settled through binding and confidential arbitration, except that (i) a party may take claims to small claims court if the dispute qualifies for hearing by such a court, and (ii) each party retains the right to seek injunctive or other equitable relief in a 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. For clarity, Disputes with respect to the interpretation and enforeceability of these Terms, and the arbitrability of the Dispute are also subject to arbitration.
YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND 99 CENTS ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. ("JAMS") pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules"), as modified by this agreement to arbitrate, and in all cases subject to and in accordance with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”). The JAMS Rules, including the procedures you must follow to begin an arbitration proceeding, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-minimum-standards.
You and 99 Cents agree that the arbitration will be subject to the following: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) the costs of the arbitration will be paid by the parties in accordance with the Minimum Standards; and (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law, and each side shall pay their own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, then except for small claims heard in small claims court the Dispute shall be exclusively brought in state or U.S. federal court in Los Angeles County, California.
DMCA NOTICE AND TAKE-DOWN PROCEDURES
99 Cents will respond to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA”). If you believe that any content or material on the Site is infringing, please provide written notice to our DMCA Designated Agent, including all of the information specified below. If the information you provide is clear and complete, we will respond by either taking down the allegedly infringing content or blocking access to it. However, we will not decide whether your claim is valid and any steps that we take will be subject to, and in compliance with, the DMCA.
Your notice must be submitted by regular mail or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA. The notice must:
- Identify the copyrighted work(s) you believe have been infringed.
- Identify the material or content that you believe is infringing. You must provide information reasonably sufficient to enable us to locate the infringing item(s) on the Site.
- Provide your contact information including name, street address, telephone number, and email (if available).
- Include the following statement: "I 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".
- Include the following statement: "The information in this notification is accurate and, under penalty of perjury, I swear that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed".
You must sign the notice (if the notice is submitted electronically, then an electronic signature is sufficient) and send it to our DMCA Designated Agent at the following address:
DMCA Designated Agent
99 Cents Only Stores LLC
4000 Union Pacific Avenue
Commerce, CA 90023
Tel: 323 881 5737
This Agreement represents the complete agreement of the parties with respect to the subject matter hereof and supersedes all prior and/or contemporaneous agreements and representations between or among them, if any. The failure by 99 Cents to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit 99 Cents rights with respect to such breach or any subsequent breaches. You grant 99 Cents the broadest rights permitted by applicable law to monetary damages, injunctive relief, and other provisional remedies for any breach of any of the terms of this Agreement, and waive any defenses you may have to the full extent permitted by law. If any terms or provision of this Agreement shall be held to be unenforceable, such term(s) shall be severed from the remaining terms of this Agreement, and the remaining terms shall be enforceable to the full extent permitted by law.