Last Updated: December 11, 2007

The BJs.com web site is owned by BJ’s Wholesale Club, Inc. The mailing address for BJ’s Wholesale Club, Inc. is One Mercer Rd., Natick, MA 01760.

Your Use of This Web Site is Governed by These Terms of Use

Please take a few minutes to review these Terms of Use. Your use of this web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms of Use, do not use the bjs.com web site.

Welcome to BJs.com BJ’s Wholesale Club, Inc. ("BJ’s") maintains this web site (the "Site") as a service to our Members. Please feel free to browse the Site. You may download material on the Site for personal, non-commercial use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, translate, transfer, report, or use the contents of the Site for public or commercial purposes, including the text and images, without BJ’s written permission.

Your access and use of the Site is also subject to these Terms of Use and all applicable laws. By accessing and browsing the Site, you accept, without qualification, the Terms of Use and acknowledge that any other agreement between you and BJ’s that may govern or affect your access and use of the Site, regardless of form, is null and void. Since BJ’s may revise these Terms of Use at any time and without notice, you should visit this page periodically to review the Terms of Use. Your use of the Site following any such change to the Terms of Use constitutes your agreement to follow and be bound by the Terms of Use as revised.

Copyrights and Trademarks You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used without the written permission of BJ’s unless provided in these Terms of Use. All materials, images, illustrations, designs, icons, photographs and written and other materials that are part of the Site are copyrights, trademarks, service marks, trade dress, and/or other intellectual property owned, controlled or licensed by BJ’s, one of its affiliates or by third parties who have licensed their materials to BJ’s. BJ’s neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with BJ’s. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of BJ’s and is also protected by U.S. and international copyright law. BJ’s Wholesale Club^®, BJ’s Wholesale Club logo^®, Berkley & Jensen^®, and Executive Choice^® among other marks, are registered trademarks or service marks of BJ’s and/or its subsidiaries or affiliates.

Changes, Misprints, and Errors We reserve the right to change the (a) goods advertised or offered for sale through this Site, (b) prices or specifications of such goods, (c) any promotional offers, and (d) any other part of this Site at any time and from time to time without notice or liability to you or any other person. All orders are subject to credit approval and the availability of merchandise upon successful completion of this credit check. We cannot guarantee that goods advertised or offered for sale on this Site will be available when ordered or thereafter, and we reserve the right to limit quantities sold or made available for sale. SUBJECT TO APPLICABLE LAW, WE DO NOT WARRANT THAT THE MATERIALS ON THE SITE (INCLUDING PRODUCT DESCRIPTIONS OR PHOTOGRAPHS) ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE AND WE RESERVE THE RIGHT TO CANCEL, TERMINATE OR NOT TO PROCESS ORDERS (INCLUDING "ACCEPTED" ORDERS) WHERE THE PRICE OR OTHER MATERIAL INFORMATION ON THE SITE IS INACCURATE. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE SUPPLIER OF THE ITEM OR OTHER THIRD PARTY. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or apply a credit to the payment type used in the order. Items offered on the Site will differ from items offered in our Clubs and prices may differ. BJ’s does not offer rain checks for items displayed on the Site or in the Clubs.

For the avoidance of doubt, an order placed on this Site will be fulfilled by our merchandising partners. BJ’s disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities or any merchandising partner; the goods or services offered by a merchandising partner; or our merchandising partner's failure to complete your delivery

Acceptance and Payment Terms Advertised prices are in U.S. dollars and exclude shipping, handling, and taxes unless otherwise noted. Please proceed to checkout to see the total cost of your order, including any applicable tax, delivery or other fees.

International Shipping Currently, BJ’s offers shipping in the United States only. We do not currently deliver to P.O. boxes, APO (military) boxes, FPO (foreign) boxes or international addresses. Shipments to Alaska and Hawaii will incur additional shipping charges. Due to shipping limitations, not all products sold on the Site can be shipped to Alaska or Hawaii. If applicable, shipping restrictions to these states will be noted in the Shipping Information section on each product page.

Return Policy If you are not fully satisfied with your purchase, you may return it with the original packing receipt once you have obtained a Return Authorization Number (RA#). Additional restrictions apply. Please read our Return Policy in full for specific return policies as applicable to different types of merchandise. MERCHANDISE PURCHASED THROUGH THE SITE MAY NOT BE RETURNED TO THE CLUBS. BJ’s is not obligated to accept returns of merchandise ordered through the Site that are not in compliance with the published return policy.

Submissions We welcome your comments regarding this Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to the Site shall be and remain the exclusive property of BJ’s. Your submission of any such Comments shall constitute an assignment to BJ’s of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. BJ’s will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Colors We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Gift Cards and Gifts of Membership All BJ’s Gift Cards and Gifts of Membership are deemed purchased in and issued from the Commonwealth of Massachusetts. Gift Cards cannot be used as a form of payment for merchandise purchased on the Site.

DISCLAIMERS -- GENERAL

THE SITE IS OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, BJs.COM, BJ’s WHOLESALE CLUB, INC, AND THEIR AFFILIATES (COLLECTIVELY, THE "BJ’s BUSINESSES") DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

WITHOUT LIMITING THE FOREGOING, THE BJ’s BUSINESSES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.

THE BJ’s BUSINESSES DO NOT ENDORSE OR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THE SITE, OR ABOUT ANY WEB SITE YOU MAY ACCESS THROUGH THE SITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER SITE.

THE BJ’s BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

THE BJ’s BUSINESSES ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THE SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL THE BJ’s BUSINESSES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY BJ’s BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE BJ’s BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

ENFORCEMENT OF TERMS OF USE

BY ACCESSING AND USING THE BJS.COM WEB SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS OF USE, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, UNITED STATES OF AMERICA.