TERMS OF USE

Last Updated: February 12, 2014

The BJs.com web site is owned by BJ’s Wholesale Club, Inc. The mailing address for BJ’s Wholesale Club, Inc. is 25 Research Drive, Westborough, MA 01581.

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. Additional policies and terms apply to use of specific portions of this Site and to the purchase of certain merchandise or services and are included in these Terms of Use. Please refer to and review all additional specific terms and conditions, including the terms found at BJ’s Membership Terms, Privacy Policy, and Online Shopping Help. 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.

BJ’s grants you a limited license to access and make personal use of this Site. This license does not permit you to download (other than page caching) or modify it, or any portion of it, except with express written consent of BJ’s. Nor does this license authorize any resale or commercial use of this Site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this Site or its contents, any downloading or copying of account information for the benefit of any third party, or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, except as specifically permitted or with the express written consent of BJ’s. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BJ’s without express written consent. You may not use any meta tags or any other “hidden text” utilizing any BJ’s tradename, trademarks, service marks, or logos without the express written consent of BJ’s. Any unauthorized use automatically terminates the permission or license granted by BJ’s.

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, graphics, text designs, icons, photographs, audio or video clips, digital downloads, page headers, button icons and written, electronic 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®, BJ’s Wholesale Club®, BJ’s Wholesale Club logo®, Berkley & Jensen®, Executive Choice®, Wellsley Farms®, and Living Home®, among other marks, are registered trademarks or service marks of BJ’s and/or its subsidiaries or affiliates. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any materials from the Site (or any other web site owned or operated by BJ’s or its subsidiaries or affiliates) without BJ’s prior written permission, except you may print hard copy portions of the Site in connection with product orders and for your own personal, noncommercial purposes or as otherwise specifically permitted by the Terms. No other use of the Site or the modification, distribution, or republication of materials displayed on the Site without BJ’s prior written permission is permitted. Certain functionality provided via this website may be covered by U.S. Patent 5,930,474.

Copyright Infringement Claims. If you believe that material appearing on the Site has been copied in a way that constitutes copyright infringement, you may request that such material be removed under the Digital Millennium Copyright Act by notifying BJ’s copyright agent in writing and providing the information specified below.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is already infringed;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material appears on the site that you claim is infringing activity and that is to be removed or access to which is to be disabled;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

BJ’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Mail:
Copyright Agent
Mail Rte. A2
25 Research Drive
Westborough, MA 01581

Telephone:  800-257-2582

Email: customercare@bjs.com

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 OR WHEN WE RECOGNIZE ABUSE OF OUR POLICIES. 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 may 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 can be returned to any BJ’s Club. BJ’s is not obligated to accept returns of merchandise ordered through the Site that are not in compliance with the published return policy. The above return policy shall not apply to bulk purchases of ten (10) or more selling units of the same product in the same transaction via the Site where the total purchase price for such ten or more items exceeds $1,000.00, regardless of the purchaser. For such bulk purchase described in the prior sentence, ALL SALES ARE FINAL and no returns shall be accepted in-club or through the Site.

Submissions. We welcome your comments regarding this Site. However, any comments, questions, feedback, reviews, notes, messages, ideas, photos, drawings, suggestions or other communications, whether provided in the form of emails or submissions to BJ’s or postings to the Site (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.

You may post Comments, other content, send e-cards and other communications, and submit other information. You agree that no Comments you submit to the Site shall contain illegal, obscene, threatening, abusive, libelous, unlawful content or content that is defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. In addition, no such Comments or content shall consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BJ’s reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. BJ’s has the right but not the obligation to monitor and edit or remove any activity or content. BJ’s takes no responsibility and assumes no liability for any content posted by you or any third party.

You grant BJ’s and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is current, accurate and complete, that use of the content you supply does not violate these Terms of Use or other BJ’s policies and will not cause injury to any person or entity, and that you will indemnify BJ’s for all claims resulting from content you supply.

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.

Passwords and Security. If you use a password to access this Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify BJ’s immediately. BJ’s reserves the right to take any and all action as it deems necessary or reasonable to maintain the security of the Site and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. While BJ’s takes prudent steps to protect your account and the Site, it cannot protect your information outside of the Site. When you send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on this web site. We do not include details of your personal financial information in emails unless you specifically request we do so or as necessary to answer your question. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner.

You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Site, or leaving a telephone message with an email address for BJ’s Member Care to respond to an inquiry about your account, as a request that we communicate with you by unencrypted email.

Privacy Policy. BJ's respects your right to privacy and our documented Privacy Policy details our practices and policies. We are the sole owner of collected information and we will not sell, share or rent this information in ways different than disclosed in our Privacy Policy. Please read the BJ's Privacy Policy in its entirety online, or call BJ's Member Care at 800-BJS-CLUB to request a copy.

BJ’s makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this Site, or web sites linking to this Site.

NON-MEMBER SHOPPING

Non-members may shop online at any time, but all online purchases are subject to a 5% non-member surcharge over and above BJ’s listed prices on all merchandise if the purchaser does not enter his or her valid BJ’s Membership Number at the time of online checkout, unless the purchaser: 1. enrolls as a BJ’s Member during checkout; or 2. enters at checkout the applicable promotional code provided in special marketing offers made available to the purchaser. If a shopper purchases a BJ’s Membership within 7 days of a non-member purchase, any non-member surcharge paid may be applied toward the Membership fee if the shopper contacts BJ’s Member Care and provides sufficient information to identify the purchase transaction applying the surcharge.

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

BJ’s OPERATES THE SITE FROM ITS OFFICES WITHIN THE UNITED STATES AND MAKES NO REPRESENTATIONS THAT CONTENT AND MATERIALS ON THE SITE ARE LEGAL OR APPROPRIATE FOR USE FROM OUTSIDE THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM OTHER LOCATIONS, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL LOCAL LAWS. ACCORDINGLY, 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 AND EXCLUDES THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. ANY ACTION RELATING TO THESE TERMS OF USE SHALL BE BROUGHT IN THE FEDERAL COURTS OF THE COMMONWEALTH OF MASSACHUSETTS.