Welcome to the dd’s DISCOUNTS (together with its parents, subsidiaries, affiliated or otherwise related companies, such as Ross Stores, Inc., “dd’s”) site on the World Wide Web (the “Site”). Please review the following basic rules that govern your use of our Site, including any dd’s use of your User-generated Content (as defined below). Please note that your use of and any interactions you may have with our Site is subject to the following terms (“Terms”).
If you do not agree with any of these Terms, do not access, interact with or otherwise use this Site or any information or materials contained on the Site. Your use of the Site, or consent for dd’s use of your User-generated Content, shall be deemed to be your agreement to abide by each of the Terms set forth below.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 12 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
All text, graphics, logos, icons, images, audio clips and software on the Site (“Contents”) are copyrighted materials owned by or licensed to dd’s. The Contents contain trademarks, service marks and trade names which are owned by dd’s and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any products or services described in the Contents may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by dd’s, its affiliates or third parties.
dd’s DISCOUNTS, are trademarks of dd’s, federally registered in the U.S. Other names, logos, designs, titles, words, recordings or phrases on the Site may also constitute trademarks, service marks, trade names or other protected intellectual property of dd’s or other entities. Unless authorized in writing by an officer of dd’s, dd’s trademarks may not be used in connection with any product or service that is not dd’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits dd’s.
Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy and print the Contents solely for your personal and/or internal business use and not for resale or further distribution, subject to the following conditions:
- The Contents may be used for the purposes of obtaining information about dd’s and its products or services;
- Any copy of the Contents or portion thereof must include the following copyright notice: Copyright © 2014 dd’s DISCOUNTS, Inc. All rights reserved.; and
- dd’s reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon written notice from dd’s.
Except as expressly provided above, no permission is granted to you to print, copy, store, display in public, distribute, alter or modify the Contents. No permission is granted to use dd’s icons, URL address or other means to hyperlink other internet sites with any page in this Site. You agree not to “frame” or “mirror” any of the Contents contained on or accessible from this Site on any other server or internet-based device without the advance written authorization of dd’s and/or its licensors, as applicable.
You may not make any use of the Site that: is illegal or encourages illegal activity; infringes or violates the right of any third party; is intended to achieve or has the effect of interference with the Site (or its use by others), including without limitation uploading viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage or limit the operation of another’s computer or property of another; or harvests, scrapes, or otherwise collects information about others, including without limitation email addresses.
This Site may be linked to other sites on the World Wide Web or internet which are not affiliated with, under the control of or otherwise maintained by dd’s. Such links do not constitute an endorsement by dd’s of those sites. You acknowledge that dd’s is providing these links to you only as a convenience, and further agree that dd’s does not endorse and is not responsible for the content of such sites.
We welcome your comments and feedback (“Input”) regarding our Site and our products and our services. We do not, however, want to receive and do not accept confidential or proprietary ideas, suggestions, materials or other information. By communicating with dd’s, you acknowledge that all information contained in any Input from you or under your account shall be deemed to be nonconfidential. dd’s shall have no obligation of any kind with respect to any such information in any Input, and shall be free to reproduce, use, disclose and distribute such information to others without limitation. This acknowledgement may only be changed by written agreement of dd’s. Further, dd’s shall be free to use any ideas, concepts, know-how or techniques contained in any such Input for any purpose whatsoever, including, but not limited to developing, manufacturing and marketing products or services incorporating such information, and in the development or creation of any intellectual property associated therewith.
To communicate with its customers and consumers, dd’s operates its own website and media channels, as well as pages and accounts on a number of third-party social media platforms and websites (e.g., Facebook and Instagram) (collectively the “dd’s Social Media Site(s)”). dd’s invites you to post comments, photographs, videos and any other content on those media channels, websites and platforms. All content you choose to post, on any dd’s Social Media Sites, or on any other social media page or site (a “Third-party Social Media Site(s)”), including but not limited to comments, photographs and videos, is referred to here as “User-generated Content” or “UGC.” Furthermore, the term “Submissions” here includes your UGC plus your social media handle and other materials related to your UGC.
For the good and valuable consideration of the potential further dissemination of your Submissions, you agree to be bound by these Terms and the License Grant below, with respect to your Submissions, under a variety of circumstances, including but not limited to:
- Accessing, browsing, posting to, uploading, providing a Submission to or using any dd’s Social Media Site(s).
- Posting content on a Third-party Social Media Site or dd’s Social Media Site using a dd’s hashtag or tagging dd’s.
- Any situation in which dd’s contacts you on a Third-party Social Media Site, and asks you directly (in response to or in the comments to a post, via direct message or via an email address provided by you) and you agree to allow dd’s to use your Submissions in accordance and agreement with these Terms.
You hereby represent and warrant that:
- You are a legally competent adult,
- You own all rights to your Submissions,
- You have permission from all persons appearing in your Submissions to grant the rights conveyed herein,
- Use of your Submissions will not violate the rights of any third party and
- Your Submissions do not violate and laws or regulations, and is not and will not be defamatory or libelous.
You hereby release and discharge dd’s from any and all claims and demands that may arise out of or in connection with the use of your Submissions including, but not limited to, any and all claims for libel or violation of any right of privacy.
By agreeing to or engaging in any of the activities noted above, you grant to dd’s the absolute, perpetual, irrevocable, royalty-free, nonexclusive, transferable right and unrestricted permission to use your Submissions in any manner, in whole or in part, individually or in connection with other material in any and all media now in existence or hereafter known, including, but not limited to posting on any dd’s Social Media Site(s), internet sites, and in any Television Advertisement, for any purpose, whatsoever, including, without limitation, advertising, promotion, illustration, art, editorial, and trade, without restriction as to alterations, and to use your name in connection with any use, if dd’s so chooses, with no obligation to you whatsoever. dd’s shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity.
You further grant dd’s the right, but not the obligation, to use, reuse, publish and/or republish your username, image, likeness, voice, comment, caption, any statements made by or attributed to you, or other identifying information, in connection with any use of your Submissions.
ALTHOUGH dd’s ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THIS SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THIS SITE. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE THAT YOU DO SO AT YOUR OWN RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DD’S AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF DD’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
dd’s DOES NOT WARRANT THAT YOUR USE OF THIS SITE, OR THE OPERATION OR FUNCTION OF THIS SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
THE CONTENTS AND ANY OTHER INFORMATION (“MATERIALS”) CONTAINED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, MERCHANTABILITY, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS OR FITNESS FOR ANY PARTICULAR PURPOSE.
THE DISCLAIMERS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL dd’s OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR ANYTHING ELSE ARISING FROM THE USE OR INABILITY TO USE THE SITE, EVEN IF dd’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
UNLESS OTHERWISE SPECIFICALLY PROVIDED BY LAW, IN NO EVENT SHALL dd’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL dd’S, ITS LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND dd’s OR THEIR REASONABLE CONTROL.
THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
dd’s controls and operates this Site from its headquarters in the United States of America and makes no representation that the Contents are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.
These Terms are governed by the laws of the United States (including federal arbitration law) and the State of California, without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT OR DETAILED BELOW AS “EXCEPTIONS TO AGREEMENT TO ARBITRATE,” ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND dd’s, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT dd’s AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.
YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as amended by these Terms. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by dd’s that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against dd’s for you.
Exceptions to Agreement to Arbitrate: Either you or dd’s may assert claims, if they qualify, only in the courts of San Francisco, California, the federal courts for the United States for the Northern District of California, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of dd’s products or dd’s Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or informal dispute-resolution process described above.
Nothing contained in this Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of dd’s, its affiliates or any third party and, except as provided above, the exercise of all such IP Rights in the Materials and products, processes or technologies described in the Contents are expressly reserved to dd’s, its affiliates and/or any third party, as applicable.
You agree that dd’s and its licensors may make improvements and/or changes in the Contents and products described in this Site, if any, at any time without notice and without liability to you of any kind, and further agree that dd’s can revise these Terms at any time without notice by posting such changes at the following URL: http://www.ddsdiscounts.com. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of dd’s to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by dd’s in writing. The Terms comprises the entire agreement between you and dd’s and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
If you would like to contact dd’s, you may do so at the following address:
5130 Hacienda Drive
Dublin, CA 94568