BJ’S WHOLESALE CLUB, INC.
Last Updated: December 20, 2022
2. Use of BJ’s Website and BJ’s Stores; intellectual property.
The following activities are prohibited, and should be broadly construed to cover other similar activities, however denominated: (i) republishing, modification, distribution, resale, or commercial use of BJ’s Website or its contents, (ii) collection or use of any product listings, descriptions, or prices, (iii) derivative use of BJ’s Website or its contents, (iv) downloading or copying of account information for the benefit of any third party, and (v) use of data mining, robots, or similar data gathering and extraction tools. The BJ’s Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, without the express prior written consent of BJ’s. You may not frame or utilize framing techniques to enclose any BJ’s IP or IP from the BJ’s Website or BJ’s Stores without BJ’s express prior written consent. You may not use any meta tags or any other “hidden text” utilizing any BJ’s IP or IP from the BJ’s Website or BJ’s Stores without the express written consent of BJ’s. Any unauthorized use automatically terminates any license granted by BJ’s.
As noted above, you should assume that all Materials, including everything you see or read on BJ’s Website and in BJ’s Stores, is Licensed IP, including 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 BJ’s Website or in the BJ’s Stores. The compilation (meaning the collection, arrangement, and assembly) of all Material on BJ’s Website and in BJ’s Stores is the exclusive property of BJ’s and is also protected by U.S. and international copyright law. BJ’s®, BJ’s Wholesale Club®, Berkley Jensen®, and Wellsley Farms®, among other marks, are registered trademarks or service marks of BJ’s or its affiliates. Certain functionality provided via the BJ’s Website may be covered by U.S. Patent 5,930,474. BJ’s does not represent or warrant that your use of Materials and IP displayed on BJ’s Website or in the BJ’s Stores will not infringe the rights of third parties.
3. Copyright infringement claims.
If you believe that material on BJ’s Website or in a BJ’s Store has been copied in a way that constitutes copyright infringement, you may request removal of such material under the Digital Millennium Copyright Act by notifying BJ’s copyright agent in writing and providing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly being infringed;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material appears on the BJ’s Website or in a BJ’s Store;
- 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 can be reached as follows:
Mail: BJ’s Wholesale Club, Attention: Legal Department, 350 Campus Drive, Marlborough, MA 01752
When you purchase a product or service made available through BJ’s Website or BJ’s Stores, you may be asked to supply certain information relevant to your purchase including payment, billing, and shipping information. By submitting such information, you grant BJ’s the right to provide such information to third parties for purposes of verifying and completing the transaction. BJ’s reserves the right to request additional information to verify any transaction, and to suspend, terminate, or cancel any transaction. You represent and warrant that you have the legal right to use any payment card or other payment method utilized in connection with any transaction.
5. Changes, misprints, and errors.
We reserve the right to change the (i) goods and services advertised or offered for sale on BJ’s Website or in BJ’s Stores, (ii) prices or specifications of such goods and services, (iii) any promotional offers, and (iv) any part of BJ’s Website or BJ’s Stores, in each case, at any time and from time to time without notice or liability to you or any other person.
Pricing, pictorial, or typographical errors may occur, and product descriptions and pricing information are never guaranteed. We have done our best to display as accurately as possible the colors of the products shown on BJ’s Website. 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. All product descriptions originate from the supplier of the item or other third party. Subject to applicable law, we do not warrant (and expressly disclaim all warranties) that Materials on BJ’s Website or in BJ’s Stores, including product photographs and descriptions, are accurate, complete, reliable, current, or error-free. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, in which case some of the provisions of this section may not apply to you.
All orders are subject to credit approval and the availability of goods and services upon successful completion of this credit check. We cannot guarantee that goods or services advertised or offered for sale on BJ’s Website or in BJ’s Stores will be available when ordered, or when you are physically in a BJ’s Store, or thereafter, and we reserve the right to limit quantities sold or made available for sale at any time and from time to time. Without limiting the foregoing, we reserve the right to limit quantities on orders placed by the same membership, on orders placed by the same method of payment or under the same bill-to name, on orders that use the same billing or shipping address, and any time we suspect fraud or abuse of our policies. Availability and pricing may vary by location and on BJ’s Website. BJ’s does not offer rain checks for any items on BJ’s Website or in BJ’s Stores.
We reserve the right to suspend, cancel, terminate, or not to process orders (including "accepted" orders) for any reason, including where the price or other information on BJ’s Website or in BJ’s Stores is inaccurate or when we suspect fraud or abuse of our policies. If we do not process an order, we will advise you that the order has been cancelled (or terminated, or not processed, etc.) and will either not charge you or apply a credit to the payment type used in your order.
An order placed on the BJ’s Website 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 of any merchandising partner, the goods or services offered by a merchandising partner, or our merchandising partner's failure to complete your delivery.
6. Acceptance and payment terms.
Advertised prices are in U.S. dollars and exclude shipping, handling, taxes, and other applicable fees unless otherwise noted. Please proceed to checkout to see the total cost of your order, including any applicable tax, delivery, or other fees.
7. 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 and not all products can be shipped to California, Alaska, or Hawaii. In addition, additional shipping charges apply for shipping to Alaska and Hawaii.
8. Return policy.
Goods purchased through BJ’s Website or at BJ’s Stores can be returned to any BJ’s Store. However, BJ’s is not obligated to accept returns of goods ordered through BJ’s Website or purchased at a BJ’s Store that are not in compliance with our Return Policy. Please read our Return Policy in full for specific return policies as applicable to different types of goods. Our return policy does not apply to bulk purchases, including purchases of ten (10) or more selling units of the same product in the same transaction on BJ’s Website or in a BJ’s Store where the total purchase price for such items exceeds $1,000.00, regardless of membership type (“Bulk Purchases”). For Bulk Purchases, ALL SALES ARE FINAL, and no returns will be accepted by BJ’s, whether in BJ’s Stores or through BJ’s Website.
9. Rules for promotions.
We welcome your comments, questions, feedback, reviews, notes, messages, ideas, photos, drawings, suggestions, or other communications (collectively, “Comments”). However, you are solely responsible for any Comments you make, the consequences of making a Comment, and your reliance on any Comments. BJ’s is not responsible for the consequences of any Comment. Any Comments sent to BJ’s Website or made in BJ’s Stores will be and remain the exclusive property of BJ’s. Your submission of any such Comments will constitute an assignment to BJ’s of all worldwide rights, title, and interest in all IP in the Comments. BJ’s will be entitled to use, reproduce, disclose, publish, and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send or provide 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. BJ’s is, and will remain, under no obligation to pay any compensation for any Comment or respond to any Comment. You grant BJ’s the right to use any name associated with any Comment that you make available to BJ’s, although BJ’s has no obligation to exercise such right, or to otherwise provide any attribution for any Comment.
11. 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.
12. Health care information.
Any healthcare related information on BJ’s Website or in a BJ’s Store is intended for educational purposes only. It is not intended as medical advice for individual conditions or treatment, it is not a substitute for a medical exam, and it does not replace the need for services provided by medical professionals. Talk to your doctor or pharmacist before taking any medication, including any herbal medicines or supplements. Only your doctor or pharmacist can provide you with advice on what is safe and effective for you. The manufacture and distribution of herbal medicines and supplements is not regulated in the United States, and no quality standards currently exist. Because of the unregulated nature of the herbal and supplement industry, you need to discuss use of these substances with your doctor or pharmacist.
13. BJ’s text message program terms and conditions.
Signing Up and Opting-In to the Message Program
Enrollment into Marketing Messages requires you to first log into your BJ’s account, provide/confirm your mobile phone number, update your preferences to receive marketing text messages from BJ’s, and agree to these Message Terms. Before the Marketing Messages under the Message Program will begin, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that confirms your choice to opt-in to receive Marketing Messages.
Enrollment into Informational Messages under the Messaging Program occurs (i) by logging in to your BJ’s account and updating your preferences to receive informational text messages from BJ’s; (ii) automatically by placing a Same-Day Delivery order; or (iii) by opting in to receive informational text messages when you place an order online and pick it up in BJ’s Stores (“BOPIC”), where (i) - (iii) above all require you to provide/confirm your mobile number and agree to these Message Terms.
You may not enroll into the Message Program if you are under 18 years old (except in Alabama and Nebraska, 19 years old). BJ’s reserves the right to stop offering the Message Program at any time with or without notice.
By opting into the Message Program, you:
- authorize BJ’s to use autodialer or non-autodialer technology to send Informational Messages and/or Marketing Messages to the mobile phone number associated with your opt-in (i.e., the number on file for the account associated with your opt-in, or, if none, the number from which you send an opt-in) sent by BJ’s, or on behalf of BJ’s by its affiliated companies, and/or third-party service providers;
- acknowledge that you do not have to agree to receive text messages as a condition of purchase;
- confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in; and
- consent to the use of an electronic record to document your consent to opt-in.
Charges and Carriers
Message and data rates may apply. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of participating in the Message Program. Note, not all mobile devices, mobile carriers, or handsets may be supported, and our messages may not be deliverable in all areas (e.g., outside of the U.S). BJ’s, its service providers, and the mobile carriers supported by the Message Program are not liable for delayed or undelivered messages.
Messages You May Receive
Once you confirm your choice to opt into the Message Program, message times and frequency varies and may be based on the programs you are enrolled in and/or your mobile number’s area code. BJ’s reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of messages sent. BJ’s also reserves the right to change the short code or phone number from which messages are sent, and we may notify you when we do so.
Under the Message Program, you may receive messages such as the following (without limitation):
- when you are welcomed into the Message Program;
- when an order has been placed and/or delivered;
- when an item or items has shipped; an item or items are ready for an in-BJ’s Store pick up;
- marketing or other promotions; or
- membership updates.
Information and Use
Cancellation and Opt-Out
To stop receiving Marketing Messages from BJ’s, text the word STOP, END, NO or CANCEL to BJSGO (25746) any time or reply STOP, END, NO or CANCEL to any of the Marketing Messages you have received from BJ’s. You may also opt out of Marketing Messages through Member Care by calling 1-800-257-2582 or emailing firstname.lastname@example.org. To stop receiving Informational Messages from BJ’s, text the word STOP, END or CANCEL to any of the Informational Messages you have received from BJ’s. You may also log into your BJ’s account and opt out of certain Informational or Marketing Messages by changing your preferences. Your opt-out request may generate a confirmation text message clarifying which messaging program it applies (if you have more than one). You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the keyword commands noted herein and agree that BJ’s and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from BJ’s through any other programs you have joined (e.g., BOPIC orders) until you separately unsubscribe from those programs. These Message Terms will still apply if you withdraw the consent mentioned above or opt out of the Message Program. Note, texting “STOP” is the recommended method for opting out to assure prompt removal. If you choose to request an opt-out by other means (e.g., requests made through Member Care), the processing of your request may be delayed or may take up to three (3) business days to reflect under your account settings. If you want to join again, just sign up as you did the first time, and BJ’s will start sending such text messages to you again.
Help and Questions
The Message Program is a service of BJ’s Wholesale Club, Inc., located at 350 Campus Drive, Marlborough, MA 01752. You can text HELP for help at any time to BJSGO (25746). If you are experiencing any problems, please visit BJs.com/help or call 1-800-BJS-CLUB.
Mobile Phone Number Change
In the event that you change or deactivate your mobile phone number, you agree to notify BJ’s by calling 1-800-BJS-CLUB or by updating your mobile number under your account settings (which may require you to confirm consent via text message again).
ANY CLAIM UNDER THESE MESSAGE TERMS WILL BE RESOLVED IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROVISION BELOW. Unless otherwise required by law or our agreements with you, BJ's, nor any of our affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or suspension of the Message Program; or (b) any text message received as part of the Message Program. Notwithstanding the foregoing, any liability that we or they may have to you in connection with the Message Program will not exceed one hundred dollars ($100).
14. Alcohol transactions.
BJ’s endeavors to ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 21 or outside of the United States. You may have the option to order delivery of alcohol products from select BJ’s Store locations and where permitted by law. Alcohol product availability, quantity, and pricing vary by state due to differing state regulations. Alcoholic sales, including the delivery thereof, are not available for those under the age of 21. A valid proof of age is required for all transactions involving alcohol. After you place an order for alcohol through the BJ’s Website, we will check the transactional information you give us for validity and compliance with state laws and regulations, by verifying your method of payment or shipping address. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, we will report this to the appropriate authorities, prosecute you fully to the extent allowable by law, and terminate your membership.
Any alcohol purchased from BJ’s must be for personal consumption and not for resale, and we do not sell alcohol to dealers. We reserve the right to reject any order for alcohol and to limit or cancel quantities purchased per person, per household, or per order. Your form of payment method will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your payment method.
By purchasing alcohol from BJ’s, you swear and affirm and represent to us that you and the recipient are over the age of 21. If for any reason it is found that you or the recipient are under the age of 21, you and the recipient agree to indemnify BJ’s and reimburse us and be responsible for all costs, expenses (including legal fees) and damages BJ’s suffers or incurs. You also swear and affirm and represent to us that any alcohol purchased from BJ’s is intended for personal consumption and not for resale. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use please do not purchase alcohol from BJ’s.
Upon any delivery involving alcohol, BJ’s delivery partners (“Driver”) will ask to see the recipient’s valid government-issued ID (e.g., driver’s license) to confirm recipient is 21 or older to receive the order. The recipient will also be required to sign for the order. Failure to provide a valid ID will prevent the Driver from completing the delivery. If the recipient is visibly intoxicated, the Driver reserves the right to refuse to deliver the order. In the event the recipient is unable to sign for the order (e.g., not home), unable to provide a valid ID, or visibly intoxicated, the order will be returned to the applicable BJ’s Store and your original form of payment method will be refunded.
15. Your account.
You are solely responsible for maintaining the confidentiality and security of your BJ’s Website account, including your username and 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. BJ’s is not responsible for any losses arising out of the unauthorized use of your account. You agree that BJ’s does not have any responsibility if you lose or share access to your account. In the event that the confidentiality of your account or password is compromised in any manner, you must 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 BJ’s Website and your account, including without limitation, terminating, deleting, or suspending 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 BJ’s Website, it cannot protect your information outside of BJ’s Website. When you send emails to us or chat with us on BJs.com, 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 BJ’s Website, communicating with our virtual customer service agents on BJs.com, 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 digitally, including by unencrypted email.
BJ’s makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from BJ’s Website, or third-party websites linking to BJ’s Website.
17. Notice for California residents.
BJ’s does not operate in California and does not ship most products to California. Under California Civil Code Section 1789.3, California users of BJ’s Website are entitled to the following consumer rights notice: If you have a question or complaint regarding BJ’s Website, please send an email to email@example.com. You may also contact us by writing to BJ’s Wholesale Club, 350 Campus Drive, Attention: Legal, Marlborough, MA 01752, or by calling us at 774-512-7400. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
18. Disputes; Dispute resolution.
Mandatory Pre-Dispute Resolution Process. We seek to resolve any Disputes that arise with our members informally. Before initiating an arbitration proceeding or small claims court proceeding, you or we must give the other party notice of the Dispute by providing a written “Notice of Dispute” that is personally signed by you (if you are initiating the Notice of Dispute) or a BJ’s representative (if we are initiating the Notice of Dispute). The Notice of Dispute must contain the following information: (i) name, contact information (address, telephone number, and email address) and membership number; (ii) a description of the nature and basis of the Dispute, including relevant facts, transaction, and circumstances giving rise to the Dispute; and (iii) a description of the nature and basis of the relief sought, including a calculation for it. You must send any such Notice of Dispute to BJ’s via letter delivered by first class postage prepaid mail or courier to BJ’s Wholesale Club, Inc., 350 Campus Drive, Marlborough, MA 01752, Attention: Legal Department, or email to firstname.lastname@example.org. BJ’s must send any Notice of Dispute to you at the contact information we have on file for you. You and BJ’s will then attempt to resolve the Dispute through informal negotiations within 60 days from the date the Notice of Dispute is received (or a longer period if agreed to by the parties). You and we will use reasonable, good faith efforts to resolve the Dispute. If the party receiving the Notice of Dispute requests a telephonic settlement conference as part of this informal process, you and BJ’s agree to participate in an effort to resolve the Dispute. Should we make the request, you agree to attend this conference (with your counsel, if you are represented). Should you make the request, BJ’s agrees to have a representative attend this conference (with counsel, if we are represented). Neither you nor BJ’s may initiate an arbitration or small claims court proceeding absent full compliance with this Mandatory Pre-Dispute Resolution Process. If the sufficiency of a Notice of Dispute or compliance with this Mandatory Pre-Dispute Process is at issue, it may be decided by a court of competent jurisdiction at either party’s election, and any formal dispute resolution proceeding will be stayed. Such court will have the non-exclusive authority to enforce this condition precedent to an arbitration and a small claims court proceeding, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Any applicable limitations period and any filing fee deadlines will be tolled while you and BJ’s engage in this informal, 60-day process (which can be extended by agreement of the parties).
- Small Claims Court. Any Dispute that falls within the jurisdictional scope and limits of the small claims court where you reside must be brought in that court on an individual basis. Such Disputes must remain in small claims court and may not be removed or appealed to a court of general jurisdiction. The party initiating the small claims court proceeding will submit a certification of compliance with the Mandatory Pre-Dispute Resolution Process referenced above to that court. The certification will be personally signed by that party (and counsel, if represented).
- Arbitration Clause. Except as otherwise provided herein, any Dispute that is not resolved through the Mandatory Pre-Dispute Resolution Process will be resolved by binding individual arbitration to be held in the county or parish where you reside or another mutually agreeable location. You and we agree that arbitration is designed to be efficient and cost-effective for the parties.
- The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the AAA Rules and this provision. The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented), certifies that they have complied with (i) the Mandatory Pre-Dispute Resolution Process and (ii) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.
- The AAA Rules will govern the payment of all arbitration fees. Either party may engage with the AAA to discuss fee reductions and deferred payments.
- The decision of the arbitrator will be in writing and binding and conclusive on you and BJ’s. The arbitrator’s award may be entered in any court of competent jurisdiction only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied will not be entered in any court.
- You and BJ’s retain the right to request a telephonic, video, or in-person hearing from the arbitrator in any proceeding. You and a BJ’s representative will personally appear (along with your and our counsel, if represented) at any hearing. For claims of more than $25,000 (and for claims seeking individualized injunctive, equitable, or declaratory relief), a telephone, virtual, or in-person hearing will be held.
Additional Procedures for Mass Arbitrations. These additional procedures apply where your claim is part of fifty (50) or more similar claims asserted against BJ’s by the same or coordinated counsel or entities. You understand and agree that these additional procedures will apply and the resolution of your Dispute might be delayed.
- Stage One. Counsel for the claimants and counsel for BJ’s will each select twenty-five (25) claims per side to be filed and to proceed in individual arbitrations as part of a staged process. Any remaining claims will not be filed or deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties will engage in a global mediation session of all remaining claims with a retired federal or state court judge, and BJ’s will pay the mediation fee.
- Stage Two. If the remaining claims are not resolved at this time, counsel for the claimants and counsel for BJ’s will each select fifty (50) claims per side to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any modifications the parties agree to in writing following mediation or through continuing, good faith discussions. Any remaining claims will not be filed or deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties will engage in a global mediation session of all remaining claims with a retired federal or state court judge, and BJ’s will pay the mediation fee.
- Stage Three. If the remaining claims are not resolved at this time, counsel for the claimants and counsel for BJ’s will each select seventy-five (75) claims per side to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any modifications the parties agree to in writing following mediation or through continuing, good faith discussions. Any remaining claims will not be filed or deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this third set of staged proceedings is completed, counsel for the claimants may elect to have BJ’s participate in a global mediation session of all remaining claims with a retired federal or state court judge with the cost to be shared by the parties.
- Each case within any given stage will be assigned to a different arbitrator, unless the parties agree otherwise in writing.
- Any relevant limitations period and filing fee or other deadlines will be tolled subject to these additional procedures that apply to mass arbitrations from the time the first cases are selected for a staged process until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
- A court will have the authority to enforce these mass arbitration procedures and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures for mass arbitrations apply to your claim, and a court of competent jurisdiction determines they are not enforceable as to your claim, then your claim will proceed in court consistent with these Terms.
Limited Opt Out. You have the right to opt out of changes to the arbitration clause within thirty (30) days of changes by sending your written, personally signed notice of your decision to opt out to BJ’s Wholesale Club, Inc., 350 Campus Drive, Marlborough, MA 01752, Attention: Legal Department. This is not an opt out of arbitration altogether. If you do not affirmatively elect to opt out as described above, your continued membership will be deemed to be your irrevocable acceptance of any changes.
Class Action Waiver; Jury Trial Waiver. YOU AND BJ’s AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS (WHETHER IN ARBITRATION OR IN COURT) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND MAY NOT PARTICIPATE AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING AGAINST THE OTHER. Notwithstanding the foregoing, you or BJ’s may participate in a class-wide settlement. To the fullest extent permitted by law, you and BJ’s waive any right to a jury trial.
20. Compliance with security.
You are expressly prohibited from violating or attempting to violate the security of BJ’s Website, including: (i) accessing data, servers, or accounts not intended for you or which you are not authorized to access; (ii) attempting to identify or test system or network vulnerability, or breach security or authentication measures; (iii) attempting to interfere with service to any other member, customer, user, host or network in any manner whatsoever; or (iv) sending unsolicited communications, including email, form submissions, or chat messages. You further agree not to misrepresent your identity when making purchases at BJ’s.
21. Disclaimers – general.
BJ’S WEBSITE AND BJ’S STORES ARE OPERATED ON AN "AS IS, AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, BJ’S WHOLESALE CLUB, INC, AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO BJ’S WEBSITE AND ITS CONTENTS AND BJ’S STORES AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY. BJ’S MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON BJ’S WEBSITE OR IN BJ’S STORES IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. WITHOUT LIMITING THE FOREGOING, BJ’S DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON BJ’S WEBSITE AND BJ’S STORES. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
BJ’S DOES 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 BJ’S WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH BJ’S WEBSITE. 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. BJ’S ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON BJ’S WEBSITE OR IN BJ’S STORES.
BJ’S DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON BJ’S WEBSITE SITE AND IN BJ’S STORES IS ACCURATE OR COMPLETE. THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON THE BJ’S WEBSITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
22. Limitation of liability for inability to use BJ’s Website or BJ’s Stores.
UNDER NO CIRCUMSTANCES WILL BJ’S OR ITS AFFILIATES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE BJ’S WEBSITE OR BJ’S STORES.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND HOWEVER DENOMINATED, INCLUDING BODILY INJURY, DEATH, DAMAGE TO TANGIBLE, PERSONAL OR REAL PROPERTY, LOSS OF DATA, LOSS OF INCOME OR PROFITS, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS, WHETHER IN CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BJ’S OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
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 OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BJ’S AND ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).