1. Introduction

Welcome to Bjs! These Conditions of Use govern your use of our website and any services we may provide through the website (collectively, the “Services”). Please read them carefully before using the Services. By accessing or using the Services, you agree to be legally bound by these Conditions of Use. If you do not agree to these Conditions, do not access or use the Services.

2. Eligibility to Use the Services

You must be at least 18 years of age to use the Services. By agreeing to these Conditions of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from use of the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. Accounts registered by bots or other automated methods are not permitted.

3. Your Account and Password

To access some features of the Services, you may be required to register for an account. When you register for an account, you agree to provide accurate and complete information about yourself, and to promptly update any information provided so that it remains accurate and complete. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account.

You are responsible for maintaining the confidentiality and security of your login credentials and for restricting access to your device so that others may not access the Services using your account. You agree to notify us immediately if you discover or otherwise suspect any unauthorized use of your account or breach of security. We will not be liable for any loss or damages arising from unauthorized use of your credentials prior to you notifying us of such unauthorized use or loss of your credentials.

4. Content You Submit

The Services may allow you to upload, submit, post, create, transmit or otherwise make available content, including messages, reviews, photos, videos, images, text and other information and content (“User Content”). User Content does not include account information.

You retain full ownership of your User Content. When you submit User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable license to access, use, modify, display, perform, reproduce, distribute, publish, translate, adapt, make derivative works from and otherwise exploit your User Content, in whole or in part, in any format or medium now known or hereafter developed, for any purpose in our sole discretion, including to promote and redistribute part or all of the Services.

You represent and warrant that: (a) you have all necessary rights and licenses to grant us this license for any User Content you submit; (b) the User Content is accurate; (c) use of the User Content as permitted herein will not violate any law or infringe upon or violate the rights of any third party; and (d) the User Content does not contain malicious code, viruses, malware, or harmful components.

We do not endorse or control User Content submitted by you or other users. We make no guarantee as to the accuracy, currency, suitability or quality of any User Content, and we assume no responsibility for any User Content. User Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. We reserve the right to remove, screen, edit, modify, refuse to post or disable access to any User Content for any or no reason at our sole discretion.

5. Acceptable Use Policy

You agree not to misuse the Services or assist anyone else in doing so. For example, you must not, and must not attempt to:

6. Privacy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. The Privacy Policy is incorporated by reference into these Conditions of Use.

7. Third Party Services

The Services may contain links to or integrations with third party websites, apps, content and other services maintained by third parties that are not controlled by or affiliated with us. These third party services are subject to their own terms and conditions and privacy policies. We encourage you to read their terms and policies carefully before using third party services. We do not endorse or assume any responsibility for any third party sites, apps, content or services made available through the Services.

If you use any third party services accessed through the Services, you do so solely at your own risk and subject to the terms associated with them. We shall have no liability arising from or related to your use of optional third party services, sites, apps, content or other services.

8. Changes to the Services

We reserve the right to modify, suspend or discontinue all or any portion of the Services at any time, with or without notice to you. We will not be liable to you or any third party for any modification, suspension, or discontinuance of all or any portion of the Services.

9. Intellectual Property

The Services contain content owned, controlled or licensed by us, including but not limited to designs, text, graphics, logos, button icons, images, audio clips, code, interfaces and software (collectively, “Content”). Content is protected under copyright, trademark and other applicable laws. You may not delete or alter any proprietary notices on Content. You may not publish, distribute, extract, re-utilize, or reproduce any Content from the Services in any way without our express written permission.

The Bjs name and related names, logos, product and service names, designs and slogans are our trademarks. You must not use such marks without our prior written permission. You must not remove or alter any trademark, logo, copyright or other proprietary rights notices contained in the original Content.

10. Disclaimers

Your access to and use of the Services is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Services, or the content, materials, information and services included on or otherwise made available to you through the Services. To the fullest extent permissible under applicable law, we disclaim any and all representations, warranties and obligations of any kind, whether express or implied, in relation to the Services, or any content, materials, information and services included on or otherwise made available to you through the Services, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

11. Limitation of Liability

To the fullest extent permitted under applicable law: (a) in no event will we, our affiliates, directors, officers, employees, agents, suppliers or licensors be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profits; and (b) our total aggregate liability arising from or relating to these Conditions of Use and your use of the Services, whether arising in contract, tort, statute or otherwise, shall not exceed $100.

Nothing in these Conditions of Use shall limit or exclude liability for fraud, gross negligence, willful misconduct, or any other liability to the extent such liability cannot be excluded or limited under applicable law. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations above may not apply to you.

12. Release and Indemnification

If you have a dispute with any other user of the Services, you agree to release us from any and all claims, demands, liabilities, costs and expenses, including reasonable legal fees, arising out of or in any way related to such dispute.

You agree to fully indemnify, defend and hold harmless us and our affiliates, officers, directors, employees and agents, from and against any claims, actions, losses, damages, liabilities, costs and expenses (including reasonable legal fees), arising out of or in any way related to your use of the Services, violation of these Conditions of Use, or violation of any rights of any third party.

13. Termination

We reserve the right, without notice and at our sole discretion, to terminate your right to access or use the Services. We may suspend or terminate your access to or use of the Services if: (a) you breach any of these Conditions of Use; (b) we are unable to verify or authenticate any information provided by you; or (c) we believe that your actions may harm our interests or the interests of other users.

Any such suspension or termination will be made in our sole discretion and without any obligation for explanation to you. Upon any termination of your access to and use of the Services, including termination by you, these Conditions of Use will continue to apply and be binding with regards to your prior access to and use of the Services.

14. Governing Law

These Conditions of Use and any dispute or claim arising out of or in connection with their subject matter shall be governed by and construed in accordance with the laws of [your state], without regards to its conflict of laws provisions. You agree that any dispute shall be resolved solely in the federal or state courts located in [your city and state]. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating any claims or disputes unless such claim or dispute may be properly adjudicated in small claims court.

15. Changes to these Conditions

We may revise these Conditions of Use from time to time in our sole discretion. If we make any changes, we will notify you by revising the “Last Updated” date at the top of these Conditions of Use. Any changes will be effective immediately upon posting the revised Conditions of Use. Your continued use of the Services constitutes your agreement to the revised Conditions of Use. You should revisit these Conditions of Use regularly to ensure that you are aware of the most recent terms governing your use of the Services.

16. General Provisions

If any provision of these Conditions of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to exercise or enforce any right or provision under these Conditions of Use shall not operate as a waiver of such right or provision. No waiver by us shall be effective unless made in writing. These Conditions of Use contain the entire agreement between you and us regarding your access to and use of the Services and supersede any prior agreements between you and us relating to the Services.

Contact Us

If you have any questions about these Conditions of Use, please contact us at [your email address].

Last Updated: January 5, 2024