Bealls Website Terms of Use

Last Updated:  December, 5, 2024

Welcome to Bealls!  Please read the following Terms of Use carefully as they affect your legal rights.  This is a legal agreement ("Agreement" or “Terms of Use”) between you and Beall’s, Inc, and any related company, subsidiary, affiliates (collectively, “Bealls,” “Company,” “we”, “our” or “us”). 

This Agreement governs your purchases online and your use of any Bealls website, including but not limited to www.bealls.com; www.beallsflorida.com; www.beallsinc.com; www.homecentric.com; and their related subdomains, microsites and Bealls mobile applications, and accessed through Bealls kiosks and/or any mobile devices (collectively, the “Services”) that direct to this Agreement.

Our Services are operated as a service to our guests by or on behalf of Bealls.  Any interaction you have with the Services through the use of browsers, applications, programs or other tools, whether installed by you or a third party, shall be deemed to be your use of the Services. Company reserves the right to update or modify this Agreement at any time, without prior notice. By using the Services following any such change, you agree to follow and be bound by the Agreement as modified. As such, we recommend you review these Terms of Use each time you visit any Company website. For information about our data collection and use practices, please see our Privacy Policy here.

CONTENTS


1.  ACCESS AND AGREEMENT.  By accessing or using the services, whether by browsing, participating in an  online activity or promotion or making a purchase online, this constitutes your agreement to follow and be bound by these terms of use, as well as company privacy policy, you represent that you are currently a guest user of the services and acknowledge that you have read all of the terms and conditions of this agreement, understand them, and agree to be legally bound by them. If you are not a current guest and/or you do not agree to or understand this agreement, then you may not use or access this service.

If, at any time, you do not agree to or cannot comply with any of these terms of use, then you should not, and are not allowed to, access or use the services or make purchases online, as applicable. Company offers the services to you conditioned upon your acceptance, without modification, of these terms of use.  Your use of the constitutes your acceptance of these terms of use.  These terms of use contain disclaimers of warranties and limitations on your remedies.  These provisions form an essential basis of the agreement between you and company. In the event of a violation of these terms of use, company reserves the right to seek all remedies available by law and in equity.  In the event there is any conflict or inconsistency between these terms of use and any other terms of use that appear on the websites, these terms of use will govern. However, if you navigate away from the websites to a third-party website, you may be subject to alternative terms and conditions of use, as may be specified on such website, which will govern your use of that website.  You agree that we may provide notices, disclosures and amendments to these terms of use by electronic means, including by changing these terms of use by posting revisions on the website.

Age and Capacity.  By using the Services, you warrant and promise, that either (i) you have legal capacity to enter into this Agreement (i.e., that you are at least the minimum legal age to enter a contract according to the jurisdiction in which you reside and are of sufficient mental capacity, or are otherwise entitled to be legally bound in contract), or (ii) that your parent(s) or legal guardian(s) have consented to your use of the Services and accept this Agreement on your behalf, and that you are responsible for the activity and conduct of yourself and anyone that you cause to use the Services.

Content for Solely Non-Commercial Use.  All materials you see and/or hear on this website, including, for example, all of the page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (individually or collectively, the “Content”), are intended solely for your personal, non-exclusive and non-commercial use. The Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, Company and its vendors or licensors exclusively own all right, title and interest in and to the Service and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.  All trademarks, service marks, logos, trade names and any other proprietary designations of Company used herein are trademarks or registered trademarks of Company. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties or owners.  You may access, view, download and print one copy of the Content displayed on any website for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Content; (2) do not modify or alter the Content in any way; and (3) do not provide or make available the Content to any third party. No right, title or interest in any accessed viewed, downloaded, printed or copied Content is transferred to you as a result of your use of this website. Company or its third-party vendors own and reserve all right, title and interest in and to the intellectual property rights in any Content you may access on this website. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Content or this website without first obtaining written permission from Company.

We May Discontinue Service at Any Time.  We reserve the right to terminate, change, suspend or discontinue any aspect of any Services, including both the availability of any products or services offered and features of the Services, at any time and without notice. Company also reserves the right to block or deny access to any Services to anyone at any time for any reason.

Forms of Acceptance of This Agreement.  When accessing the Services, acceptance of this Agreement will be required.  This acceptance will occur when any of the following: (i) at the beginning of each session, (ii) alternatively by a one-time acceptance of this Agreement; or (iii) by accessing or using the Services as mentioned earlier, for example, by you browsing, participating in an online activity or promotion or making a purchase online.  If one-time acceptance is available to you, this Agreement shall apply in full every time you access the Service, whether or not you are required to subsequently indicate acceptance of this Agreement. There may be time limits associated with access to the Services in certain locations and/or in connection with access to Services with certain devices.


3. ACCEPTABLE USE POLICY.  You agree that you are authorized to use the Services, subject to the terms and conditions of this Agreement. You agree that you must comply with local, state, Federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws, and you agree that you are fully responsible for your activities while using the Services (including for any content, information and other materials you access or transmit via the Services), and that you shall bear all risks regarding use of the Services. You agree not to use the Services to engage in any Prohibited Conduct. Broadly stated, “Prohibited Conduct” is any conduct that is unlawful, infringing (such as downloading copyright protected material, video, audio or otherwise without the owner’s permission), tortious conduct (conduct that is intentionally harmful to an individual or entity or conduct that puts an individual or entity at risk), or any other online conduct that a reasonable individual would or should know would violate another party’s intellectual property rights, privacy rights or other rights; or conduct that otherwise interferes with the operation of, use of, or enjoyment of, any service, system or other property.


By way of illustration and not limitation, Prohibited Conduct further includes using the Services to: (i) intercept, divert or otherwise interfere with any communication, (ii) violate the security or integrity of, or gain unauthorized access to, the Services, system or communication, engage in any activity in the nature of hacking or port scanning, or engage in any activity that is in the nature of a “denial of service” attack or otherwise affect/interrupt or attempt to affect/interrupt the operation of the Services in any manner; (iii) impose an unreasonable or disproportionately large load on any systems or infrastructure; (iv) send “spam”, chain letters, or other unsolicited communications to any party; (v) create a “mail drop” for such communications, or engage or permit e-mail relay services (e.g., “open mail relay”); (vi) “spoof” or otherwise impersonate any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header or sender identification information in any communication; (vii) commit fraud; (viii) harass, or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence; (ix) disseminate information or data that contains any computer virus, or any viruses, Trojan horses, or other code or programming or material designed to or intended to damage, interfere with, intercept, interrupt, destroy, limit the functionality of or expropriate any computer hardware, software, system, data or personal information; (x) send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable; (xi) send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; (xii) send or receive material containing defamatory, false, or libelous material; (xiii) send, receive, download or print any material, audio, video or otherwise, that infringes or violates any intellectual property rights, or other right, of any entity or person, including, without limitation, copyrights, patents and/or trademarks, laws governing trade secrets, rights to privacy, or publicity; (xiv) send or receive any material that you do not have a right to make available under law, contractually (for example, it was not paid for) or under fiduciary relationships; (xv) engage in conduct that would expose Company or its service providers to civil or criminal liability; (xvi) engage in any activity that violates any local, state, United States or applicable international law or regulation, (xvii) engage in any activity that is harmful to minors, or permit a minor to use the Services to access any content intended for adults; (xviii) disclose personally identifiable information or payment card information to Company, unless specifically required or requested by Company; or (xix) assist others in engaging in Prohibited Conduct. This list of Prohibited Conduct is meant to serve as examples of prohibited conduct and is not intended to be and should not be construed to be exhaustive. Company requires and expects that you will be a good Internet citizen and use good judgment when using the Services. All users of the Services must comply with this section 3 Acceptable Use Policy (AUP). Violation of this AUP may result in the suspension or termination of your access to the Services.


4.  FILTERING. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise (http://getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such websites. For more detailed information and resources regarding parental control protections, see the FTC’s Consumer Advice comprehensive guide (https://consumer.ftc.gov/articles/parental-controls).


5. INDEMNIFICATION.  You agree to indemnify, defend, and hold harmless Company, the third-party provider and their respective affiliates, officers, directors, shareholders and employees, from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or resulting from your breach of any provision of this Agreement or any warranty or promise you provide herein, or otherwise arising in any way out of your use of the Services, including, but not limited to, using the Services for Prohibited Conduct. Company reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Company and/or the third-party provider in asserting any available defenses.


6.  CONSEQUENCES OF UNAUTHORIZED USE.  Without limiting any other available right or remedy, Company and its third-party providers reserve the right to, and you agree that Company and/or the third-party provider shall have the right to: (i) take such actions as they deem, in their sole discretion, to be appropriate to protect against violations of this Agreement or abuse of the Services and to otherwise protect its interests (e.g., removing, destroying or otherwise making unavailable offending material, temporary or permanent filtering, blocking access, and suspending or terminating Service), and (ii) investigate and involve and cooperate with appropriate authorities regarding any actual or suspected illegal or unauthorized activities involving the Services. You agree that you will be liable to Company and the third-party provider for any damages incurred or amounts that are required to be paid by Company and/or the third-party provider that arise out of, or are related to, your violation of this Agreement, including, without limitation, damages paid to third parties, cost of repairs or replacements, and reasonable attorneys’ fees and costs of enforcement.


7. JURISDICTION; RISK OF LOSS.  Company controls the Services from its corporate offices within the State of Florida. The use of the Services shall be limited to the boundaries of the continental United States, Canada, Hawaii, Alaska, and APO/FPO military addresses.

Company does not imply that the materials published on this website are appropriate for use outside of the United States. Notwithstanding the foregoing, if you access any website from outside of the United States, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable domestic and local laws, regulations, or equivalents thereof.

When you access or use our Services, your personal information may be processed in the United States or any other country in which Bealls, its affiliates, or service providers maintain facilities. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately stop accessing or using the Services.


8.  Dispute Resolution, Jury Trial Waiver, and Arbitration.  Any claim or cause of action arising out of your purchase or use of any product(s), your use of this website, these Terms of Use, or the breach thereof, shall be discussed by the parties in good faith, and the parties shall attempt to resolve the dispute in good faith.  The parties understand and agree that they are waiving the right to trial by jury. You agree to have any unresolved claim or dispute against Company resolved through arbitration as set forth below after first submitting the claim or dispute to mandatory non-binding mediation. You agree to attempt to resolve any claim or dispute through non-binding mediation before a mediator mutually agreeable to the parties and that the forum for any mediation hearing will be Manatee County, Florida. The parties will each bear their respective costs of mediation.  If a claim or dispute is not resolved as a result of mediation, you agree to have any unresolved claim or dispute against Company whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this agreement, including the validity of this arbitration clause, resolved by binding arbitration by the American Arbitration Association. You agree that the forum for any such arbitration proceeding shall be held in Bradenton, Florida. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at the American Arbitration Association at 2200 Century Parkway, Suite 300, Atlanta, GA 30345-3203.

Company may bring a lawsuit solely for injunctive relief or equitable remedies to stop unauthorized use of our intellectual property rights without first engaging in arbitration. 

You may only resolve disputes with company on an individual basis, and may not bring a claim as a plaintiff, class representative or a class member in a class, consolidated or representative action. You acknowledge and agree that class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not permitted.

However, you may also litigate any dispute in small claims court in your county of residence or Manatee County, Florida. Regardless, in the event of a dispute, you shall notify Company (see contact info below) setting forth the name, address and contact information, the facts giving rise to the dispute and the relief requested from Company and you will then attempt to resolve the dispute through informal negotiations with Company within sixty (60) days from the date of your notice of dispute after which you may commence your litigation.


9.  CLASS ACTION WAIVER. To the fullest extent permissible by applicable law, no dispute may be joined with another lawsuit or with a dispute of any other person/guest and all parties to the suit must be individually named. To the fullest extent permissible by applicable law, there shall be no right or authority for any dispute to be litigated on a class action or consolidated basis or bases involving a dispute brought in a purported representative capacity on behalf of the general public (such as a private attorney general action), other persons/guests, or other persons/guests similarly situated.


10.  PRICING & PRODUCT INFORMATION. While Company strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price, with incorrect information, or discounted in error, Company shall have the right, in its sole discretion and to the fullest extent permissible by applicable law, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, Company will issue a credit to your credit card as your sole and exclusive remedy if permissible under applicable law. We apologize for any inconvenience this may cause you.

Company works hard to provide low prices on this website. However, merchandise and promotional offers available online, such as online at one or more of the websites, may vary or be different from those offered in store and vice versa. Prices and availability are subject to change without notice. “Sale” prices and percentage savings offered by Company are discounts from Company “Regular” or “Original” prices. The “Regular” or “Original” price of an item is the former or future offered price for the item or a comparable item by Company or another retailer. Actual sales may not have been made at the “Regular” or “Original” prices, and intermediate markdowns may have been taken. “Original” prices may not have been in effect during the past 90 days or in all trade areas. Merchandise on this website could be offered at the same or lower “Sale” prices during future promotional events beginning on or after the last day of this advertised event. Clearance merchandise or charitable items are excluded from “Entire Stock” promotions in this website. In some events, actual savings may exceed the percent savings shown

You agree that you are responsible for all charges incurred in connection with any purchase on our website, including, without limitation, all taxes, shipping, handling and processing charges or other fees.

Company attempts to display the colors of our merchandise shown on this website as accurately as possible.  However, because a monitor’s display or a computer may vary the colors shown, we cannot guarantee that your monitor will accurately depict the actual color of the merchandise.

Moreover, the inclusion of any products or services on this website at a particular time does not guarantee that the products or services will be available.


11.  QUANTITY LIMITS.  Company offers merchandise to consumers through its websites. Company is a retailer, not a wholesaler, and Company does not sell to individuals or dealers for the purpose of resale to others. Company reserves the right, in its sole discretion, to reject an order or otherwise limit the quantity of items purchased per person, per household or per order at the websites. These restrictions may be applied at Company’s discretion, including, without limitation, to purchases/orders placed by the same person, the same account, the same credit card and/or orders that use the same billing or shipping address.


12.  USER REVIEWS, COMMENTS AND SUBMISSIONS. Company welcomes your feedback regarding this website, as well as your reviews, comments, photos, videos, audio and other content that you submit through or to the website (“User Content”), as long as the User Content is appropriate for a family audience and otherwise complies with this Agreement, as well as other Company guidelines specific to the activity or forum, as applicable. By posting or submitting your User Content to our website, you expressly agree NOT to submit User Content which: (i) is harmful, threatening, abusive, harassing, tortious, deceptive, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful or otherwise objectionable; (ii) violates any law, regulation or right of any third party, including without limitation, copyright, trademark, patent, privacy or publicity rights or any other proprietary rights; and/or (iii) contains malware, commercial solicitations, political campaigning, mass mailings or “spam” of any kind.

You acknowledge and agree that Company has the right (but not the obligation) to do any or all of the following at any time: (a) monitor User Content; (b) remove or refuse to post any User Content; (c) disclose User Content to any third party, and the circumstances surrounding submission; and/or (d) to publish, reproduce and use the User Content without restriction or fee as provided herein.

You alone, and not Company, are responsible for ensuring you have the rights to grant the license described herein and for Company to post or publish the User Content, including, but not limited to, any copyright rights to images or other content, and the right to publish the images of people, landscapes and/or other creative works within the User Content.  When you post or submit User Content, you grant to Company a non-exclusive, fully paid-up, perpetual, worldwide, irrevocable, royalty-free, transferable and sub-licensable right and license to use, display, disclose, perform, reproduce, transmit, copy, modify, delete, adapt, publish, translate, creative derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, product, marketing, medium or technology, now known or hereafter developed, throughout the world, all without compensation to you.  Accordingly, do not send, post or submit any User Content that you do not wish to license to Company, including any confidential information or any original creative materials, such as product ideas or original artwork.  To the extent you submit your name, username, nickname or other personal identifier along with your User Content, you grant to Company the right (but not the obligation) to use such identifier, or portion thereof, with such User Content.  To the fullest extent permissible by applicable law, you agree to indemnify and hold Company harmless from all claims arising out of your breach of the Terms of Use or in connection with your User Content.

As a visitor to our website, please be advised that Company does not endorse or take responsibility for the opinions, advice, information or statements made by third-party visitors to our website, whether through User Content or otherwise.  To the fullest extent permissible by applicable law, Company shall not be liable, directly or indirectly, to anyone for any damage or losses of any nature arising from or out of User Content. You alone, and not Company, shall bear sole liability for any such damages or losses arising from User Content submitted by you.


13.  SUBMISSION OF IDEAS.  Separate and apart from the User Content you provide, you may submit questions, comments, feedback, suggestions, ideas, improvements, plans, notes, drawings, original or creative materials or other information about Company, our website(s) and our products (collectively, “Ideas”) either through the website(s) or otherwise.  The Ideas you submit are voluntary, non-confidential, gratuitous and non-committal.  Please do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.  You must also inform us if you have a pending or registered patent relative to the Idea.  You represent and warrant that your idea is not subject to any confidentiality obligations or third-party intellectual property encumbrances and that you own and control all of the rights to the Idea and have the authority to grant the rights to Company that you grant herein.  By submitting your Idea, you grant Company and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the Idea and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  By submitting your Idea, you hereby release Company and its agents and employees from any claims that such use violates any of your rights.  Company shall own exclusive rights, including all intellectual property rights, to any work it creates or has created from the Idea or a similar idea of its own.


14. LINKING. Periodically, links may be established from this website to one or other external websites or resources operated by third parties (the “Third-Party Sites”). Company, its affiliates, provide these links for your convenience only. In addition, certain Third Party Sites also may provide links to the Service(s). At no time shall any such inbound or outbound links be deemed to imply that Company endorses or approves the Third-Party Sites or any content therein. Company does not control and is not responsible or liable for, and does not make any representations or warranties concerning, any Third-Party Sites or any content, advertising, products, or other materials on or available from such Third-Party Sites. Access to any Third-Party Sites is at your own risk and Company will have no liability arising out of or related to such Third-Party Sites to the fullest extent permissible by applicable law.

Without limiting the foregoing, linking to our website is strictly prohibited absent express written permission from Company. In addition, framing, in-line linking or other association of this website or its Content with links, advertisements and/or other information not originating from this website is expressly prohibited.


15. GENERAL SECURITY AND PRIVACY.  You are responsible for your security and privacy.  Although privacy and security are important to Company and the third-party provider, you understand and agree that you shall have no expectation of privacy or security in your use of the Services. There are privacy and security risks associated with wireless communications and the Internet in general and you acknowledge that Company and its third-party service providers make no assurances that your communications, or activities while using the Services, or your use of any information or data obtained by you by accessing the Services will be (or will remain) private or secure, and you further agree that Company and its third-party providers assume no responsibility in that regard.  You agree that you, and not Company or the third-party provider, are solely responsible for your own privacy and security in using this Service, the accuracy or completeness of any information or data obtained by you via any website or this Service, and for implementing any protections you deem to be appropriate to protect and secure your privacy, and your activities, hardware, software and systems. You are responsible for maintaining the confidentiality of, and you are responsible for all activities that occur under, your account(s), username(s) and password(s).  Personal data submitted by you in the registration process and certain other information about you is subject to our Privacy Policy.  For more information, please see our Privacy Policy which may be found in the website footer of any Bealls website. Please read the Privacy Policy carefully to understand how Company collects, uses and discloses personally identifiable information from its users. By accessing or using the Services you acknowledge all actions that we take with respect to your data consistent with our Privacy Policy.


16. DISCLAIMER OF WARRANTY.  You acknowledge and agree that all websites and services are provided solely as a convenience to company guests, “as is”, “with all faults”, and “as available”. You further acknowledge and agree that company and the third party provider disclaim to the fullest extent permitted by applicable law all warranties and representations of any kind, whether express, implied or by law, statutory or otherwise, including without limitation any warranties of: (i) merchantability, (ii) fitness for a particular purpose, (iii) non-infringement, (iv) workmanlike effort, (v) quality, (vi) accuracy, (vii)timeliness, (viii) completeness, (ix) title, (x) quiet enjoyment, (xi) no encumbrances, (xii) no liens, (xiii) system integration or that any device, network or software you use will work or function properly with our wi-fi network or (xiv) that access to or use of this service or any part thereof will be uninterrupted, error or defect free, free of viruses or other harmful code, or secure, or that problems will be corrected, even if company or third party service provider is on notice of such problems. You further agree and understand that there are no warranties that extend beyond the face of this agreement; no advice or information given by company, the third party provider or their respective employees or agents, shall create any warranty, guaranty, promise, or otherwise. If applicable law does not allow the exclusion of some or all of the above implied warranties, you agree that the above exclusions will apply to you to the extent allowed by applicable law.  Without limiting the foregoing and to the fullest extent permissible by applicable law, company further disclaims any liability, responsibility or damage as to the accuracy or completeness of each merchandise item including, without limitation, pricing, quantity and sizes. Without limiting the foregoing and to the fullest extent permissible by applicable law, company further disclaims any liability, responsibility or damage for any theft or loss of, unauthorized access or damage to, or interception of any data or communications sent to, from or stored on this website.

The internet contains a variety of materials and information that may be offensive to you.  You agree that you assume full responsibility and risk of use of the website or service and the internet, and that you are solely responsible for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online.  As referenced earlier, software products that enable screening of particular materials and information are commercially available and widely advertised in public media, including on the internet.


17. LIMITATION OF COMPANY AND COMPANY’S THIRD PARTY SERVICE PROVIDERS’ LIABILITY.  You acknowledge and agree that the website and this service are provided as a privilege, solely for convenience, and use of the website and service does not impose liability of any kind (or in any amount) on company or the third party provider.  To the fullest extent permissible by applicable law, if you disagree with these terms of use, as may be amended from time to time, your sole and exclusive remedy is to (a) discontinue using the website, (b) not make a purchase and/or (c) return any goods purchased within sixty (60) days. You acknowledge and agree that your use of the website, service and/or your purchase on this website is at your sole risk. To the fullest extent permissible by applicable law, neither company nor its affiliates, nor any of its employees, directors, officers, agents or website service providers will be liable to any party for any general, direct, indirect, incidental, special, consequential, exemplary or punitive damages for solicitations, advertising purchases through the services, or for use of this website or any other hyperlinked websites including, without limitation, damages, losses, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from, arising out of, or in any way connected with the use of or inability to use the website or reliance on the information present. This limitation of liability applies whether a claim is based in contract, negligence, statute or tort, even if company or its service providers are expressly advised about, or should have known of, the possibility of such damages or losses. To the fullest extent permissible by applicable law, you shall defend, indemnify and hold company and its service providers harmless against any such damages or losses. For purposes hereof, “service providers” shall mean third-party service providers that provide website services to company that contribute to the functionality of the website.


18. CHANGE/TERMINATION OF SERVICE; UPDATES TO THIS AGREEMENT. You agree that Company, at any time and for whatever reason may change, terminate, limit or suspend the Services (in whole or in part) or your access to the Services. Upon any termination, your rights to use the Services will immediately cease. Company also reserves the right to update or revise this Agreement at any time without prior notice. Notwithstanding the foregoing sentence, your continued use of the Services following an update to this Agreement signifies your acceptance of its revised terms. Sections 1-3, 5-9, 12-20 and 22-26, and any other provisions that by their nature should survive termination, shall survive termination of this Agreement for any reason.


20. FAIR USAGE.  To ensure the provision of a quality of our Services to all our guests and to ensure that the behavior of some does not disadvantage the majority of our guests, you agree to abide by any fair use policy which we may apply.


21. GIFT MESSAGES. Company makes gift messages available from one or more of its websites as a courtesy to all our guests. Out of respect and consideration, Company asks that you do not use any obscene, profane, threatening or otherwise vulgar language in gift messages. Without notice to you, Company may, but is not obligated to, restrict or remove any and all content from a gift message that Company determines, in its sole and absolute discretion, violates these guidelines or is otherwise harmful to Company or any third party.


22. BEALLS REWARDS. Company provides a membership for the Bealls Rewards Loyalty Program (the “Program”).  The Program is affiliated with Bealls, Bealls Florida, Home Centric, Rugged Earth Outfitters, Reel Legends Performance Outfitters and any other affiliated Bealls retail brands (collectively, “Bealls Rewards Brands”). The purpose of the Program is to reward guests for shopping at Bealls through a redeemable point structure.  Members may redeem their rewards earned from qualifying online purchases. By opening a Bealls Rewards Account, you agree that you have read and accept the Program rules, these Terms of Use, and the Bealls Rewards Terms and Conditions. For more information regarding the Program, please visit the Bealls Rewards Terms and Conditions here.


23. RATINGS AND SERVICE REVIEWS. The website also allows users to engage in discussions surrounding Company products through its Ratings & Reviews and related features. Ratings & Reviews shall be deemed User Content and shall be subject to the requirements set forth in the User Reviews, Comments & Submissions section above.


24.  EMAIL COMMUNICATIONS. If a User signs up for a Company account on the website(s), you, by default, opted in to receive promotional email communications from Company ("Email Communications"). You may, at the time of sign up, opt out of receiving Email Communications from Company. Thereafter, you may opt out of receiving Email Communications by adjusting your profile settings in your Company account at the website.


25.  US MOBILE TEXT MESSAGING PROGRAM
Bealls Florida, Beall’s, Inc, and the Bealls Rewards program offer customers the ability to optionally receive marketing and promotional mobile alerts sent to their mobile devices via SMS/text messages. The Mobile Text Messaging Program allows you to personalize your experience, for instance, by sending you coupons or sale information via SMS message if you have opted into our SMS/text message service. You must be 18 years of age or older to participate. Signing up and opting-in to this service is subject to our separate U.S. Mobile Terms & Conditions, available at: bealls.com/mobile-terms, beallsflorida.com/mobile-terms, homecentric.com/homecentric/mobile-terms

Please be aware that whereas we require prior express written opt-in consent in order for you to receive automated promotional- or marketing-related SMS text messages, if you provide us your mobile telephone number we may send account-, service- or informational-related automated messages (i.e., non-promotional or marketing-related messages) to your mobile phone, provided they are related to the purpose for which you provided the Company your phone number.


26.  NOTICE TO CALIFORNIA RESIDENTS. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Service(s) is Beall’s, Inc., 1806 38TH Avenue East, Bradenton Florida 34208.  To file a complaint regarding the Services or to receive further information regarding use of the Service(s), send a letter to the above address or contact Company via e-mail (with "California Resident Request" as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.


27. MISCELLANEOUS.  You agree that this Agreement is solely between you and Company. You agree that any controversy or claim brought or asserted by you or on your behalf that arises out of or relates to this Agreement or the Services shall be solely against Company, and not any other party.  Further, you agree that any action you bring that arises from, or relates to, the Services must be initiated within one year from the relevant date of your access to the Services, and that no cause of action may be brought after that time.  You agree that if any provision(s) of this Agreement is determined to be invalid or unenforceable under applicable law, then such provision(s) will be ineffective to the extent of such determination, and such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions of this Agreement and/or the spirit of this Agreement and the remainder of this Agreement will continue and shall remain in full force and legal effect.  Any failure by Company or third-party provider to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.  You agree that this Agreement constitutes the entire agreement between you and Company regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and Company regarding its subject matter.  You agree that any notices, other than Notices of Copyright Infringement claims as described above, given by you to Company must be given by e-mail (addressed to guestservices@beallsinc.com , or by mail to: Bealls Inc., Customer Care, P.O. Box 25207, Bradenton, FL 34206-5207.


28. CONTACT INFORMATION. For questions about this Agreement please contact us at guestservices@beallsinc.com or by mail to:

Bealls Inc.

Customer Care

P.O. Box 25207

Bradenton, FL 34206-5207

If you have any questions concerning the legal notices stated above, we encourage you to contact Company at this address.

You expressly consent to the rendering of this Agreement in English.
All Rights Reserved. Bealls and related marks are trademarks or registered trademarks of Company. All rights reserved.