terms of use

 

Welcome to the dd’s DISCOUNTS (together with its parents, subsidiaries, affiliated, or otherwise related companies, such as Ross Stores, Inc., "dd’s") site on the World Wide Web (the "Site"). Please review the following basic rules that govern your use of our Site. Please note that your use of our Site is subject to the following terms ("Terms").

If you do not agree with any of these Terms, do not access or otherwise use this Site or any information or materials contained on the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the Terms set forth below.

Use of Copyrighted Contents/Trademarks

All text, graphics, logos, icons, images, audio clips and software on the Site ("Contents") are copyrighted materials owned by or licensed to dd’s. The Contents contain trademarks, service marks and trade names which are owned by dd’s and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any products or services described in the Contents may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by dd’s, its affiliates, or third parties.

dd’s DISCOUNTS, dd's Discountsdd's Discountsdd's Discounts are trademarks of dd’s, federally registered in the U.S. Other names, logos, designs, titles, words, recordings, or phrases on the Site may also constitute trademarks, service marks, trade names or other protected intellectual property of dd’s or other entities. Unless authorized in writing by an officer of dd’s, dd’s' trademarks may not be used in connection with any product or service that is not dd’s', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits dd’s.

Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy and print the Contents solely for your personal and/or internal business use and not for resale or further distribution, subject to the following conditions:

  1. The Contents may be used for the purposes of obtaining information about dd’s and its products or services;

  2. Any copy of the Contents or portion thereof must include the following copyright notice: Copyright © dd’s DISCOUNTS. All rights reserved.; and

  3. dd’s reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon written notice from dd’s.

Except as expressly provided above, no permission is granted to you to print, copy, store, display in public, distribute, alter or modify the Contents. No permission is granted to use dd’s' icons, URL address, or other means to hyperlink other Internet sites with any page in this Site. You agree not to "frame" or "mirror" any of the Contents contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of dd’s and/or its licensors, as applicable.

Limitations on Use

You may not make any use of the Site that: is illegal or encourages illegal activity; infringes or violates the right of any third party; is intended to achieve or has the effect of interference with the Site (or its use by others), including without limitation uploading viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage or limit the operation of another's computer or property of another; or harvests, scrapes, or otherwise collects information about others, including without limitation e-mail addresses.

Links to Third Party Sites

This Site may be linked to other sites on the World Wide Web or Internet which are not affiliated with, under the control of or otherwise maintained by dd’s. Such links do not constitute an endorsement by dd’s of those sites. You acknowledge that dd’s is providing these links to you only as a convenience, and further agree that dd’s does not endorse and is not responsible for the content of such sites.

Comments and Feedback

We welcome your comments and feedback (a "Submission") regarding our Site and our products and our services. We do not, however, want to receive and do not accept confidential or proprietary ideas, suggestions, materials or other information. By communicating with dd’s, you acknowledge that all information contained in any Submission from you or under your account shall be deemed to be non-confidential. dd’s shall have no obligation of any kind with respect to any such information in a Submission, and shall be free to reproduce, use, disclose and distribute such information to others without limitation. This acknowledgement may only be changed by written agreement of dd’s. Further, dd’s shall be free to use any ideas, concepts, know-how or techniques contained in any such Submission for any purpose whatsoever, including, but not limited to developing, manufacturing and marketing products or services incorporating such information, and in the development or creation of any intellectual property associated therewith.

Disclaimer of Warranties

ALTHOUGH DD’S ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THIS SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THIS SITE. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE, THAT YOU DO SO AT YOUR OWN RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DD’S AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF DD’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DD’S DOES NOT WARRANT THAT YOUR USE OF THIS SITE, OR THE OPERATION OR FUNCTION OF THIS SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

THE CONTENTS AND ANY OTHER INFORMATION ("MATERIALS") CONTAINED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

THE DISCLAIMERS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

IN NO EVENT SHALL DD’S OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR ANYTHING ELSE ARISING FROM THE USE OR INABILITY TO USE THE SITE, EVEN IF DD’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

UNLESS OTHERWISE SPECIFICALLY PROVIDED BY LAW, IN NO EVENT SHALL DD’S’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL DD’S, ITS LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND DD’S’ OR THEIR REASONABLE CONTROL.

THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity

You hereby agree to indemnify, defend, and hold dd’s, its licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the Site. You must use your best efforts to cooperate with dd’s in the defense of any claim. dd’s reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Intended Audience

dd’s controls and operates this Site from its headquarters in the United States of America and makes no representation that the Contents are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials.

Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.

Privacy Policy

Your use of this Site is governed by the Privacy Policy.

General

Nothing contained in this Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of dd’s, its affiliates, or any third party, and, except as provided above, the exercise of all such IP Rights in the Materials and products, processes or technologies described in the Contents are expressly reserved to dd’s, its affiliates, and/or any third party, as applicable.

You agree that dd’s and its licensors may make improvements and/or changes in the Contents and products described in this Site, if any, at any time without notice and without liability to you of any kind, and further agree that dd’s can revise these Terms at any time without notice by posting such changes at the following URL: http://www.ddsdiscounts.com. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.

Any action related to these Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Alameda County, in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of dd’s to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by dd’s in writing. The Terms comprises the entire agreement between you and dd’s and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

If you would like to contact dd’s, you may do so at the following address:
dd’s DISCOUNTS
5130 Hacienda Drive
Dublin, CA 94568
(925) 965-4400
www.ddsdiscounts.com

© Ross Stores, Inc. All rights reserved. All merchandise is representative of the mechandise carried in our stores. Styles, colors, and items will vary by store.