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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.
Inaccuracies on the Website
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.
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.
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.
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.
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.
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.
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.
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 the website; 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.
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 New York 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 New York.
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.
Although Bon-Ton will in most circumstances be able to receive your email or other information provided through this website, Bon-Ton does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.
Effective as of 2/01/2022