Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
99¢ may modify this Web site and the rules and regulations governing its use, at any time. Modified versions of these terms, rules and regulations will be posted on the Web site, so please check back when you use the Web site. By continuing use of the Web site after such changes are posted, you will be accepting such changes.
Scope of Use
99¢ invites you to view, use and download a single copy of this Web site for your informational, non-commercial use. Except as otherwise provided on this page, no part of any content or software on this Web site may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of 99¢. You understand that 99¢ may discontinue, change, or restrict your use of this Web site for any reason without notice.
By using this Web site, you represent that you are at least 18 years old and a legal U.S. resident.
ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. 99¢ MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEB SITE AND THE CONTENT AVAILABLE ON THE WEB SITE IS AT YOUR SOLE RISK. 99¢ MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEB SITE IS FREE OF VIRUSES.
The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
Limitation of Liability
YOUR USE OF THE WEB SITE OR ANY CONTENT ON THE WEB SITE IS AT YOUR OWN RISK. 99¢ SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEB SITE, EVEN IF 99¢ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEB SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEB SITE, OR RELATED INFORMATION OR PROGRAMS.
Certain areas of this Web site may enable you to submit e-mails or otherwise provide feedback to 99¢. You agree that by submitting content, you will only submit content related to the subject matter of the Web site and that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another's computer. You also understand and agree that such content that is submitted will be deemed non-confidential. You further grant to 99¢ the irrevocable right to use, copy, modify, publish, perform, transmit and display such content internally as well as via any media, and waive any rights you may have in such content. 99¢ shall be free to use, reproduce, disclose, publish and distribute such content, including any ideas, concepts, know-how, or techniques contained in such content, for any reason whatsoever, and without any obligation to provide any compensation or other consideration in exchange therefor, and recognize and agree that any and all such material shall be and remain the exclusive property of 99¢. Thus, please do not send us any comments, ideas, or other communications, including any confidential information or original or creative ideas that you do not wish to assign to us.
Unauthorized use of any 99¢ trademark, service mark, slogan or logo may be a violation of federal and state trademark laws.
This Web site is protected by U.S. and foreign copyright laws. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of the Web site, or individual sections of the design or layout of the Web site or 99¢ logos without our express written permission. 99¢ and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials appearing on this Web site.
This 99¢ Web site may contain links to Web sites operated by other parties. The linked sites are not under the control of 99¢, and 99¢ is not responsible for the content available on any other Internet sites linked to the Web site. Such links do not imply 99¢' endorsement of material on any other site and 99¢ disclaims all liability with regard to your access to such linked Web sites. 99¢ may provide links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Web site is solely and expressly at your own risk.
Unless otherwise set forth in a written agreement between you and 99¢, you must adhere to 99¢' linking policy as follows: (i) any link to the Web site must be a text only link clearly marked "99¢ Web site," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with 99¢' names and trademarks, (iii) the link must "point" to "99only.com" and not to other pages within the Web site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with 99¢, (v) when selected by a user, the link must display the Web site on full-screen and not within a "frame" on the linking Web site, and (vi) 99¢ reserves the right to revoke its consent to the link at any time, and to discontinue this Web site and/or to change the URL of the 99only.com home page, in its sole discretion.
Location & Governing Law
This Web site is operated by 99¢ from its offices in City of Commerce, California, USA (even if the site is hosted at one or more other locations). The law of the State of California shall govern these terms and conditions, without reference to its choice of law rules. 99¢ makes no representation that the information in the Web site is appropriate or available for use in other locations, and access to the 99¢ Web site from territories where the content of the 99¢ Web site may be illegal is prohibited. Those who choose to access the 99¢ Web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Violations and Additional Policies
99¢ reserves the right to seek all remedies available at law and in equity for violations of the terms, rules and regulations set forth in this Web site, including the right to block access from a particular Internet address to the Web site.
This Agreement represents the complete agreement of the parties with respect to the subject matter hereof and supercedes all prior and/or contemporaneous agreements and representations between or among them, if any. The failure by 99¢ to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit 99¢' rights with respect to such breach or any subsequent breaches. You grant 99¢ the broadest rights permitted by applicable law to monetary damages, injunctive relief, and other provisional remedies for any breach of any of the terms of this Agreement, and waive any defenses you may have to the full extent permitted by law. If any terms or provision of this Agreement shall be held to be unenforceable, such term(s) shall be severed from the remaining terms of this Agreement, and the remaining terms shall be enforceable to the full extent permitted by law.
You agree to indemnify, defend, and hold 99¢ harmless from and against any and all claims, damages, costs, attorneys' fees and expenses arising from or related to your use of this Web site.