You should review this Agreement each time you access our Website. Bon-Ton reserves the right to modify these terms at any time and will publish notice of any such modifications on-line at this site. The current Agreement as displayed on our Website supersedes all previous versions. By continuing to access the Website after notice of such modifications has been published, you agree to be bound by them.
2. Inaccuracies on the Websites
While we use reasonable efforts to include accurate and up to date information on our Website, errors, inaccuracies, and omissions sometimes occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Bon-Ton makes no guarantees whatsoever as to the completeness, correctness, or accuracy of the materials or data on our Website. More specifically, Bon-Ton does not warrant the accuracy or timeliness of our Website and related materials, and Bon-Ton has no liability for any errors or omissions in the information provided.
3. Permitted Use
Our Website is protected by intellectual property laws, including but not limited to U.S. copyright and trademark laws. You expressly acknowledge and agree that the content accessible within our Website is the property of Bon-Ton and its content providers, and Bon-Ton and its content providers retain all right, title, and interest in the content.
Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to use our Website and related materials solely for your own personal non-commercial use. Except as expressly provided, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our Website, electronic reproduction, adaptation, distribution, or display of our Website or any portion of our Website is prohibited. Use of any of our trademark in any way, including but not limited to use as meta-tags on any other website, is strictly prohibited. You may not display our Website or portions thereof in things (e.g., framing, scraping, etc.) without our express written permission. You agree to cooperate with us to cause all unauthorized co-branding, framing, scraping, or linking to immediately cease.
You may not use any hardware or software intended to damage or interfere with the proper working of the website or to intercept any data or personal information from the Website. You may not interrupt the operation of the website in any way. You further agree not to take any action that restricts or limits any other person’s ability to use or enjoy the Website or its Content and that, in its sole discretion, Bon-Ton may determine what constitutes improper use. Additionally, you may not use the Website for any immoral or unlawful purpose, as determined by Bon-Ton in its sole discretion.
4. Regulation of Content Submitted to the Website
Bon-Ton does not wish to receive materials through its Website that are confidential, proprietary, or trade secret information. You agree and warrant that any information you submit through the Website is not confidential. That information includes, but is not limited to messages, suggestions, comments, and ideas. You further agree that your submission of any such information grants Bon-Ton an irrevocable, unrestricted license to use that information as it deems appropriate.
You may not submit, upload, or publish to the Website any materials that are unlawful, violate the legal rights of others, or that might encourage a criminal offense or other improper conduct. You may not submit information that may contain software viruses, spyware, or any other harmful software code. You may not use the website to disseminate information related to commercial advertising or information, political campaigning, distribution of chain letters, mass mailings, or any form of “spam.” You may not supply a false email address or any other identifying information, impersonate any person or entity, or otherwise mislead as to the source or origin of any content you submit to the Website.
Bon-Ton is not obligated to review any user’s submission, maintain the confidentiality of that submission, or pay any compensation or royalties for any user’s submission. You agree to indemnify Bon-Ton and its affiliates for all claims resulting from any submission you make to the Website. To maintain the safety and security of the Website and its users, Bon-Ton reserves the right to review all user’s submissions, and to edit or delete, in whole or in part, any user’s submission in whatever form those submissions are made.
5. Monitoring, Enforcement, and Termination Powers
Bon-Ton reserves the right, in its sole discretion, to disclose your identity or any other necessary information about you to any third party presenting a valid claim that material you have posted to the website violates their rights, included those related to third party’s intellectual property or privacy rights. Further, Bon-Ton also reserves the right to take appropriate legal action in response to any illegal or unauthorized use of the Website. Those actions include, but are not limited to, referral of the matter to the appropriate law enforcement authority and termination of your privileges to use the Website.
Additionally, and without limiting the foregoing, Bon-Ton specifically reserves the right to right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You agree to waive and hold harmless Bon-Ton stores from any claims that arise from any action Bon-Ton takes during or as a result of any investigation it conducts or actions taken as a consequence of an investigation by a law enforcement authority.
6. Third Party Links and Materials on the Websites
Our Website may be linked to other sites on the Internet that are not under the control of or maintained by Bon-Ton. Such links do not constitute an affiliation with or endorsement by Bon-Ton of any such sites. You acknowledge that Bon-Ton is providing these links to you solely as a convenience to you, and you agree that Bon-Ton is not responsible for the content or links displayed on such sites to which you may be linked. Bon-Ton does not endorse or make any representations about these websites, or any content found thereon. If you access any of the third party websites linked on our Website, you do so at your own risk.
Our Website may contain materials submitted by third parties. Any such materials are provided solely as a convenience to you. If you use any of the third party materials, you do so at your own risk. In no event shall Bon-Ton be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.
7. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. BON-TON DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING OUR WEBSITE, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. BON-TON MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES
DISPLAYED ON OR OFFERED THROUGH OUR WEBSITE IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. BON-TON ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL BON-TON OR ANY OF ITS AFFILIATES OR SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE, FOR ANY DAMAGE TO YOUR COMPUTER OR DATA, ANY DAMAGES ASSOCIATED WITH THE LOSS OF YOUR PERSONAL INFORMATION OR ANY OTHER DAMAGE OR ECONOMIC LOSS YOU MAY INCUR ENSUING FROM OR IN CONNECTION WITH (A) THE WEBSITE; OR (B) YOUR SUBMISSION OF PERSONAL OR OTHER INFORMATION THROUGH THE WEBSITE, EVEN IF BON-TON OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, IF A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, YOU AGREE TO LIQUIDATED DAMAGES IN THE AMOUNT OF TWENTY-FIVE DOLLARS ($25.00). IN SUCH EVENT, YOU ACKNOWLEDGE AND AGREE THAT THE DAMAGES FOR ALL CLAIMS ARISING HEREUNDER CANNOT BE CALCULATED WITH REASONABLE CERTAINTY. YOU FURTHER AGREE THAT $25.00 REPRESENTS (I) A REASONABLE APPROXIMATION OF THE DAMAGES THAT YOU WILL SUFFER FOR ALL CLAIMS ARISING HEREUNDER AND THAT SUCH LIQUIDATED DAMAGES DO NOT CONSTITUTE A PENALTY, AND (II) THE EXCLUSIVE REMEDY TO YOU FOR DAMAGES IN CONNECTION WITH ALL CLAIMS ARISING HEREUNDER. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.
10. Product and Ordering Policies
10.1 Product and Ordering Policies
The prices displayed on the Website are quoted in U.S. dollars and are valid and effective only in the United States. When ordering from the Website please follow all ordering instructions carefully. Bon-Ton has made a conscientious effort to display its products on the Website accurately so that you can get determine the color, design, texture, sizes, look and configuration of the product featured. However, the detail and accuracy of the image of products depicted on the Website will depend on a number of things, including your computer equipment and Internet connections. Consequently, we cannot and do not guarantee that the product images available to you on the Website are accurate in every detail.
10.2 Purchasing from the Website
When ordering merchandise from the Website, please follow the instructions carefully. Bon-Ton will send you a confirmation email of any order you place on Websites; however, your receipt of an electronic or other form of order confirmation does not necessarily signify Bon-Ton's acceptance of your order, nor does it constitute confirmation of Bon-Ton's offer to sell. Bon-Ton reserves the right at any time after receipt of your order to accept or decline your order for any reason. Bon-Ton may require additional verifications or information before accepting your order. Bon-Ton is a seller to end-user customers and does not accept orders from exporters, wholesalers, or other customers who intend to resell the products offered by Bon-Ton. Bon-Ton will automatically charge and withhold the applicable sales tax. Each customer will be solely responsible for all sales taxes, use taxes or other taxes on orders shipped to any other state.
10.3 Rebate Information
Any product rebate offer given to you with your purchase is provided by the manufacturer, not Bon-Ton. The manufacturer is responsible for the terms and conditions and effective dates of the rebate offer. Please note: it is a standard requirement to have to provide a proof of purchase and the Universal Product Code from the original packaging and postage before you will receive redemption of any rebate offer provided by the manufacturer.
It is our goal to make sure our pricing is accurate at all times. However, in the event there is a pricing or product description error, Bon-Ton reserves the right to fix any of these inaccuracies. To find out more on our Website pricing policy, please see our Pricing Policy.
10.5 Order Cancellation
When placing an order on a Website once you click "submit" we are unable to cancel your order at that time. However, once you have received your order, if you are in any way dissatisfied, you can choose one of our two easy and convenient ways to make a return. Please see our Return Policy to find out which way is best for you.
11. General 11.1 Modifications
At any time and at Bon-Ton’s sole discretion, we may add, delete, or modify the Agreement or our Website. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing, and/or using our Website. All changes to the Agreement shall be effective immediately.
11.2 Dispute Resolution, Applicable Law and Venue
Bon-Ton intends to resolve any and all disputes that may arise between it and its Website users in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to Bon-Ton in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. Bon-Ton shall respond within ten (10) business days with identical information from its perspective. You and a representative of Bon-Ton shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and Bon-Ton mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and Bon-Ton fail to resolve the matter, you may then proceed to litigation in the forum described below.
Any action related to this Agreement will be governed by the laws of the State of Indianna, without regard to the choice or conflicts of law provisions of any jurisdiction. You and Bon-Ton agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to our Website or to the Agreement will be exclusively in the federal or state courts located in Indianna.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
No action arising out of this Agreement or your access to or use of our Website, regardless of form or the basis of the claim, may be brought by you more than six (6) months after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
11.4 Contacting Us
If you have any questions about this agreement, please call us at 1-800-526-7534, 9am-5pm, Central Standard Time, Monday through Friday, or write us at:
The Bon-Ton Holdings, Inc.
8450 Broadway, Merrillville, IN 46410
Although Bon-Ton will in most circumstances be able to receive your e-mail or other information provided through this Website, Bon-Ton does not guarantee that it will receive all such e-mail or other
information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.