Terms of Use

Last Modified Date: February 28, 2024

General

These Terms of Use, along with the additional terms and conditions that are referenced herein or that are presented elsewhere on the Site in relation to a specific service or feature (collectively "Terms of Use"), combined with the Privacy Policy set forth the terms and conditions that apply to your use of the OSJL website, including without limitation mobile sites, all products and services offered to you on the website, and all other online service features, databases, plug-ins, applications, content, downloads, platforms, and/or tools (collectively, the "Site"). These Terms of Use constitute an agreement between you and Ocean State Job Lot, its affiliates and subsidiaries (collectively, "OSJL", "we", "our", or "us"). By using and/or accessing the Site, in any manner, you agree to comply with all the terms and conditions hereof. If you do not agree to these Terms of Use, you should not access or use the Site. OSJL may modify the Terms of Use, or any part thereof, or add or remove Terms of Use, at any time and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions, or deletions.

These Terms of Use and any operating rules for the Site established by OSJL constitute the entire agreement of the parties with respect to the subject matter herein, and supersede all previous written or oral agreements between the parties with respect to such subject matter. Notwithstanding, additional guidelines, terms, conditions, or rules ("Additional Terms") may apply to your use of the Site and/or certain products in some instances. To the extent there is a conflict between these Terms of Use and the Additional Terms, the Additional Terms shall control unless expressly stated otherwise. The provisions of these Terms of Use are for the benefit of OSJL, and any and all of its affiliated companies, which shall have the right to assert and enforce such provisions directly or on its own behalf. If you access the Site, from any location other than the United States, you accept full responsibility for compliance with all local laws relating thereto and agree to indemnify and hold harmless OSJL therefrom. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports.

Intellectual Property

The Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, photos, video, graphics, tradenames, and other forms of protected material. These individual items as well as the Site as a whole are subject to protection under United States intellectual property laws. You may not modify, publish, transmit, create derivative works, or in any way exploit, any of the protected items, in whole or in part. OSJL, Ocean State Job Lot, and the OSJL logo are trademarks of Ocean State Jobbers, Inc. All other logos and trademarks appearing on the Site are the property of their respective owners.

User Content

Users of the Site may now, or in the future, be able to post, upload, display, transmit, or otherwise submit information through the Site or another third party platform, including without limitation user profiles, sweepstakes submissions, reviews, comments, questions, or other content including personally identifiable information (collectively, "User Content"). Subject to the rights and/or licenses granted hereunder, you are responsible for and retain any right, title, and/or interest in the User Content.

You warrant that with regard to any of your User Content, (1) you are the sole owner of such User Content, (2) you are of at least 18 years old or at least 13 years old with the permission of a parent or legal guardian, and (3) use of such User Content will not violate these Terms of Use. Except as otherwise set forth in these Terms of Use, Privacy Policy, Additional Terms, or as otherwise required by applicable law, your User Content will be treated as non-confidential and non-proprietary regardless of how it may be marked, OSJL has no obligation with regard to the User Content, and you submit the User Content at your own risk and agree to hold OSJL harmless with regard to the same.

By submitting any User Content, you hereby grant OSJL a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, modify, edit, publish, distribute, display, and create derivative works from the User Content in any media or form whatsoever.

You represent and warrant that you will not submit User Content that (1) is false, inaccurate, or misleading, (2) is unlawful and/or violates any applicable law, rule, regulation or terms provided on the Site, (3) infringes the rights of others or impersonates another individual or entity, (4) contains viruses, (5) links to other websites without permission of OSJL to do so, or (5) harasses or intimidates an individual or group of individuals.

Usage of the Site

You are responsible for maintaining your log-in information (email and password) for the Site confidentially and for all acts or omissions that occur on your account. In the event you suspect or know someone has used your account without your authorization, you must notify OSJL immediately. OSJL may, at its sole discretion, restrict, suspect, or terminate your account at any time for any reason without notice.

OSJL shall have no liability to you for any content on the Site that you find offensive or objectionable. All products sold on the Site are intended for sale to adults. If you are under the age of majority as applicable within your jurisdiction, you may only use the Site with the assistance of a parent or legal guardian. No personally identifiable information about a child under the age of 13 should be provided at any time.

You agree to use the Site in compliance with all applicable rules, regulations, laws, and the intellectual property rights of OSJL and others. OSJL makes no warranties or representations as to the software provided to utilize the Site and you acknowledge that you are solely responsible for all equipment, software, services, and charges related to the same, used by you to access the Site.

Third Party Sites

OSJL is not responsible for any content on any third party sites that may interact with and/or be affiliated with the Site. Your use of any such third party sites is at your own risk and in accordance with the terms and conditions of such third party site. Any interactions you may have with any third parties through your use of the Site are solely between you and said third party, and you agree to indemnify OSJL against any and all claims and/or damages arising out of your use of any third party service.

Orders

By placing an order on the Site, you represent and warrant that all billing information is true and accurate and you have the legal right and authority to use any payment method used for any order on this Site. By submitting any User Content, you provide OSJL the right to share such information with third parties to facilitate any orders placed by you, and as otherwise provided in the Privacy Policy. OSJL maintains the right at all times to cancel your order for any reason, including without limitation inaccurate information provided by you, errors in product or pricing information, or issues identified by third party credit partners. OSJL further reserves the right at its sole discretion to prohibit sales, including without limitation to resellers or dealers, and to limit the quantity of items purchased per customer, household, or order.

By confirming your purchase as part of the checkout process on the Site, you agree to accept and pay for the items purchased. You will be charged at the time your order is placed.

Pricing

OSJL reserves the right to correct any error in pricing or description, as well as the right to cancel or refuse to accept any order based on an incorrect price or description. Such corrections may be made even after an order is accepted, but not after the item is delivered to the customer. Items listed on this Site may not be available at all locations or available for the stated price at all locations.

Crazy Deals®

Products purchased through the Site that are subject to Crazy Deals® will be honored and purchasers will receive a virtual Crazy Deal Gift Card by email. The virtual Crazy Deal Gift Card will be available for use any time after order pickup and may be used only in physical OSJL store locations. The virtual Crazy Deal Gift Card barcode may be accessed within the email received from OSJL or within the "Order History" section of account settings on the Site for purchasers with an online account. Purchasers shall have the option to present the virtual Crazy Deal Gift Card in-store either on a mobile device or by bringing a printed copy. Please see the Crazy Deals® FAQs for complete terms and conditions.

Taxes

OSJL cannot confirm the final price of an item (including estimated taxes and other charges) until after you select a store location for shipping. The amount of any applicable taxes, government fees, or other applicable charges is based on current rates and are subject to change.

Shipping and Risk of Loss

Items purchased on the Site will be delivered to physical OSJL store locations for pickup by purchaser. Delivery times will be determined based on the store destination of the item. Except as may otherwise be provided on the Site, the risk of loss for and title to merchandise purchased on the Site passes to purchaser upon tender of the merchandise to the purchaser.

Returns

Purchases may be returned in accordance with the Return Policy, the terms of which are deemed incorporated herein by reference. Title to returned merchandise does not transfer to OSJL until the return is accepted and approved by OSJL. Product purchased on the Site that is not picked up within fourteen (14) days of being received at the pick up store will be returned to OSJL by the store and a refund will be issued to the purchaser.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

(A) YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN AND SOLE RISK. NEITHER OSJL, ITS SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.

(B) THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL OSJL, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF OSJL OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT OSJL AND/OR ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

(D) OSJL DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE TO OSJL'S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE SITE.

(E) NEITHER OSJL NOR YOU SHALL BE LIABLE FOR DAMAGES OR FOR DELAYS OR FAILURES IN PERFORMANCE RESULTING FROM ACTS OR OCCURRENCES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION: FIRE; LIGHTNING; EXPLOSION; POWER SURGE OR FAILURE; WATER; ACTS OF GOD; WAR; TERRORISM; REVOLUTION; CIVIL COMMOTION OR ACTS OF CIVIL OR MILITARY AUTHORITIES OR PUBLIC ENEMIES; VIOLATION OF ANY LAW, ORDER, REGULATION, ORDINANCE, OR REQUIREMENT OF ANY GOVERNMENT BODY OR LEGAL BODY OR ANY REPRESENTATIVE OF ANY SUCH GOVERNMENT OR LEGAL BODY; LABOR UNREST, INCLUDING WITHOUT LIMITATION, STRIKES, SLOWDOWNS, PICKETING, OR BOYCOTTS; INABILITY TO SECURE RAW MATERIALS, TRANSPORTATION FACILITIES, FUEL, OR ENERGY SHORTAGES; COMMUNICATIONS FAILURES; OR ACTS OR OMISSIONS OF COMMON CARRIERS.

Governing Law

The content, data, video, and all other material and features on the Site are presented for the purpose of providing information regarding, sales of, and/or promoting products and/or services that are or may become available in the United States and its territories, possessions, and protectorates. Any and all disputes, claims, and controversies arising out of or in connection with your access to, and/or use of the Site, and/or the provision of services, content, and/or technology on or through the Site shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Rhode Island applicable to contracts made, entered into, and performed entirely therein, without giving effect to its conflict of laws provisions.

Indemnification

You agree to indemnify and hold harmless OSJL, its employees, officers, agents, contractors, and affiliates, from and against any and all claims, liability, damages, costs, and expenses, including without limitation reasonable attorney's fees, arising from or related to (1) your use of the Site, including your submission of User Content, (2) your breach of the Terms of Use and/or Additional Terms, (3) your violation of any applicable law, rule, regulation, or order in connection with the use of the Site, and (4) information submitted through your device, even if not submitted by you personally, that infringes or violates any copyright, trademark, patent, or other right of any person or entity. You agree to fully cooperate with OSJL in the defense of any claim. Notwithstanding, OSJL retains the right to settle, pay, or otherwise compromise any claims in its sole discretion and you will not settle such claims without the written consent of OSJL.

Termination

You may terminate the Terms of Use or Additional Terms at any time, provided that you discontinue all use of the Site. OSJL may also terminate the Terms of Use and Additional Terms, at any time and without notice, and deny you access to the Site. Certain sections of the Terms of Use and Additional Terms shall survive termination, as further provided herein. You agree that OSJL shall have the right to, without limitation, to investigate suspected breaches of the Site security, Terms of Use, or Additional Terms and to terminate or suspect access to the Site at any time.

Privacy

You acknowledge and agree that any User Content and/or other information provided through the Site will be provided and used in accordance with OSJL's Privacy Policy, the terms of which are incorporated herein by reference.

Infringement Claims

OSJL will investigate all notices of alleged copyright infringement by third parties and will take all action necessary under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), in accordance with the terms herein. If you believe that your copyrighted work has been infringed under U.S. copyright law as on the Site, please send written notice to our designated agent provided below with the following information:

1. Identification of the copyrighted work you are claiming has been infringed;
2. Identification of the material that is claimed to be infringing and that is to be removed, reasonably sufficient to allow OSJL to locate the material on the Site;
3. Information reasonably sufficient to contact the complaining party, including an address, telephone number, and e-mail address;
4. Statement from the complaining party that it has a good faith belief that the use of the material as it is on the Site is not authorized by the copyright owner, its agent, or by law;
5. Statement that the information provided in the notice is accurate under penalty of perjury and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed; and
6. A physical or electronic signature of the person authorized to act on behalf of said owner.

The designated agent for OSJL can be reached as follows:

• Ocean State Job Lot
• Attn: Legal Department (Copyright Infringement Claim)
• 375 Commerce Park Road
• North Kingstown, RI 02852

Please be aware that under the DMCA, anyone who makes misrepresentations concerning copyright infringement may be liable for damages, including attorney fees and costs, incurred by the alleged infringer and/or OSJL.
If a notice of infringement has been filed against you, you may file a counter notification with the designated agent at the address provided above, with the following information:

1. Identification of the material that has been removed and the location where the material was before it was removed;
2. Statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification;
3. Your name, address, and telephone number, along with a statement that you consent to jurisdiction of the Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification; and
4. A physical or electronic signature.

Upon receipt of a valid counter notification, OSJL will provide the complainant with a copy of the counter notification and notice that the material will be replaced if OSJL does not receive notice from the complainant within 10 days that an action has been filed seeking a court order to restrain the alleged infringer.

DISPUTES/ARBITRATION. PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

OSJL and you agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site, OSJL or you must give the other notice of the dispute, claim, or controversy, which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to OSJL by email to [email protected] AND by U.S. Mail to 375 Commerce Park Road, North Kingstown, Rhode Island 02852, Attn: Legal Department. To the extent that OSJL has your contact information, it will send any such notice to you by U.S. Mail, or otherwise to your email address. OSJL and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. OSJL and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. If the dispute, claim, or controversy is not resolved within 30 days, OSJL or you may resort to the other alternatives described in this Section or permitted by law. Notwithstanding the foregoing, the notice and 30 day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Sites.

CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

OSJL and you agree that OSJL and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms of Use in connection with the Site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. OSJL and you further agree that OSJL and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the Site.

If any court determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason, then the disputes, claims or controversies must be litigated in federal court located in Rhode Island.

The terms of this provision will also apply to any claims asserted by you against any affiliated company of OSJL to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.

Miscellaneous

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with the language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import. OSJL may assign its rights and obligations under these Terms of Use and any Additional Terms, in whole or in part, to any other party at any time for any reason, with or without notice. The Terms of Use and any Additional Terms may not be assigned by you in any manner without the prior written consent of OSJL. The provisions of these Terms of Use and any Additional Terms which by their nature should survive suspension or termination will survive, including without limitation, licenses, indemnities, releases, disclaimers, limitations of liability, jurisdiction, class action waiver, and mandatory arbitration.