PLEASE NOTE THAT SECTION 15 OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW DISPUTES BETWEEN YOU AND SPECIALTY RETAILERS, INC. MAY BE RESOLVED.
We reserve the right to change or modify the Terms or any policies or guidelines posted on the Site at any time in our sole discretion. Any changes or modifications will be effective upon posting to the Site. If you continue to use the Site after we have posted the changes or modifications, you accept any changes and modifications. Therefore, you should review the Terms from time-to-time and whenever we let you know changes have been made. If you do not agree to be bound by the Terms, you should not access or use the Site.
We provide the Site for your personal, non-commercial use. This Site is solely directed to individuals of the age of majority in the jurisdiction they reside, located in the United States of America.
2. Data Privacy and Account Security
Certain features of the Site may require you to create an account. When creating an account, you agree to provide accurate, current, and complete information, and update it as necessary. You agree and understand that you are solely responsible for maintaining the confidentiality of your account and any password(s) you provide. You are also responsible for all activities that occur from your account, whether or not you authorized them. You also agree to immediately notify us of any unauthorized use of your account, or other breach of security, by contacting Customer Service via email or at (800) 743-8730.
3. Limited Site Use
You may use the Site for limited, personal use. You may not download or modify the Site or portions of it (other than page caching). You may not use the Site for any resale or commercial use, or use any text, pictures, photographs, graphics, logos, button items, images, works of authorship, software, or other content on the Site (collectively, the “Content”). All rights not expressly granted to you are reserved by us and our licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any Content or the Site is prohibited.
If we determine, in our sole discretion that your use of the Site violates these Terms, is offensive, infringes anyone’s rights, defrauds us or others, or breaches any applicable laws, we reserve the right to terminate your account, prohibit you from using the Site, and take appropriate legal actions.
4. Intellectual Property
The Site and the Content (excluding User Generated Content as defined below), are owned by us or our licensors. Nothing contained in these Terms grants you or any other users any rights, title, or interest in or to any copyright, trademark, or other proprietary right of ours or any of our licensors. Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Site are property of us or of their respective owners that have authorized their use, as applicable. No such marks may be used in connection with any other product or service in a manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates.
5. User Generated and Third Party Content
Subject to the restrictions of this paragraph, you may, in some instances, be allowed to post comments, reviews, images, videos, or other content (collectively “User Generated Content”). You may not post any User Generated Content that: (1) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right, or other proprietary right of any party; (2) is obscene, pornographic, defamatory, fraudulent, or violent, or that promotes violence, harassment, bigotry, or hatred toward any group or individual; or (3) implies we have sponsored or endorsed your User Generated Content. You are solely responsible for any User Generated Content you post on the Site. We reserve the right, but undertake no obligation to monitor or remove the User Generated Content posted on the Site.
We may display advertisements or other content from third parties on the Site, such as banner advertisements, pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us.
6. License Grant
As between you and us, subject to any licenses and rights expressly granted herein, you own any User Generated Content you post. By uploading User Generated Content to the Site, or by permitting us to feature any User Generated Content you publish through a third-party site (including social media sites, such as Twitter, Instagram, or Pinterest), you represent and warrant that you have all rights and authority necessary to grant, and do hereby grant us, our affiliates, and our contractors and business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid-up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Generated Content, and to prepare derivative works based on, or incorporate into other works, such User Generated Content, with or without attribution, and without any compensation to you. This license continues even if you stop using the Site.
We will immediately remove any content that is found to have infringed the rights of us or of a third party, or that has otherwise violated any intellectual property laws or regulations. If you believe any material available on the Site infringes your copyright, you should notify us using the notice procedure for claimed infringement under the Digital Millennium Copyright Act (DMCA) (17 U.S.C. § 512(c)(2)).
Your notice must include the following information:
Your name, address, telephone number, and e-mail address;
A description of the copyrighted work or intellectual property that you claim has been infringed;
The exact URL(s) or a description of each place where alleged infringing material is located on one or more of the Stage Sites;
A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
Your notice must include the following information:
Stage Copyright Agent c/o Legal Department
Specialty Retailers, Inc.
2425 West Loop Freeway South, 11th Floor
Houston, Texas 77027
Or if by email: email@example.com
Upon receipt of a proper notice of alleged infringement, we will move quickly to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages.
We may give site users notice of any infringement notice by means of a general notice on any of our websites, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide a counter-notification in writing to the designated agent listed above.
Your counter-notice must contain the following:
Your name, address, telephone number, and e-mail address;
A description of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement by you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
A statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which one of our store locations or headquarters may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We may send a copy of the counter-notice to the original complaining party, informing them that we may replace the removed or disabled material. Filing a counter notice may lead to legal proceedings between you and the complaining party to determine ownership, and if your claim is rejected, you may face severe legal and financial penalties.
8. Wireless and Location-Based Features
Our mobile Sites or apps may offer features that are available to you via your wireless device including the ability to access the Site features, upload content, receive messages from us (including email and push notifications), and download applications (collectively, “Wireless Features”). By using the Service, you agree that we may change, alter, or modify the settings or configurations on your device in order to allow for or optimize your use of our mobile site or apps. Message and data rates and other carrier fees may apply.
If you have signed up for, or are interested in receiving text or voice message alerts from us for our Stage family of stores (Bealls, Goodys, Palais Royal, Peebles, and Stage), please review Our Text & Voice Promotional Alerts Policy.
If you have signed up for, or are interested in receiving text or voice message alerts from us for our Gordmans stores, please review our Gordmans Text & Voice Promotional Alerts Policy.
9. Orders, Shipping and Return Policies, and Site Accuracy
When placing an order for merchandise on the Site (each an “Order”), you agree to provide us with accurate information. We may cancel Orders placed with inaccurate or incomplete information with or without notifying you first. If we cancel your Order, we will refund your payment for the Order. After you place an Order on the Site, we will send you an Order confirmation notice via email. We may block or cancel any Order or other transaction made on the Site that we determine in our sole discretion to be a violation of these Terms, an attempt to commit fraud, a fraudulent act, or an action that negatively affects the Site’s performance in any way.
Order Tracking. You can Track your Order using the information we provide you.
Shipping. Our Shipping Policy is detailed.
Returns. If you are unsatisfied with your Order, or there was an issue with the Order, review our Return Policy.
FAQs. If you have any questions about our Site or your Order, you may review the Site FAQ’s.
Questions? If you have any other questions, contact Customer Service via email, or call Us at (800)743-8730
Pricing errors may occur on the Site from time to time. We attempt to correct all pricing errors as soon as they are discovered, or as soon as we receive notice of an error. We reserve the right to cancel any Orders containing pricing errors, with no further obligations to you, even after your receipt of an Order confirmation or shipping notice from us. Any payments you make to us for Orders that are cancelled due to pricing errors will be refunded.
We do not warrant that the product specifications, colors, images, or other Content displayed on the Site will be error free. Colors displayed on the Site may differ from the actual product colors due to settings on your computer or device.
10. Credit Cards
11. Our Rewards Programs: Style Circle Rewards and gRewards
We currently offer a rewards program for our Stage family of stores (Bealls, Goodys, Palais Royal, Peebles, and Stage) called “Style Circle Rewards.” You can sign up for Style Circle Rewards here, and review the Style Circle Rewards Program Terms.
While you can join each of our Rewards Programs, points and rewards earned in one are not currently transferable to the other. Also, you can only earn and redeem Style Circle Rewards points in our Stage family of stores or online at the Stage.com website, and can only earn and redeem gRewards points in our Gordmans store locations.
THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED FROM, OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
13. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
14. Governing Law
15. Binding Arbitration
YOU AGREE THAT ALL DISPUTES, ACTIONS, AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS AND/OR YOUR USE OF THE SITE (INCLUDING WITHOUT LIMITATION OUR ADVERTISEMENTS AND DISCLOSURES, VOICE CALLS, TEXT MESSAGES AND EMAILS THAT WE SEND TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH ALERTS OR THIS SITE) (COLLECTIVELY “CLAIMS”) WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, FEDERAL ARBITRATION LAW, AND LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. YOU FURTHER AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE ARBITRATOR SHALL NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE MEMBER OR USER, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, PRIVATE ATTORNEY GENERAL OR CLASS PROCEEDING. YOU ARE GIVING UP THE RIGHT TO LITIGATE ALL CLAIMS IN COURT BEFORE A JUDGE OR JURY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOU WILL NOT ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS AGAINST US IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. YOUR CLAIMS SHALL NOT BE JOINED TO ANY OTHER ARBITRATION OR DISPUTE INVOLVING ANY OTHER PARTY SUBJECT TO THESE TERMS, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's supplementary procedures for consumer-related disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. You agree to commence arbitration only in your county of residence or in Harris County, Texas. You may choose to have the arbitration conducted by telephone, based on written submission, or in person by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could.
We will pay all administrative, hearing, and arbitrator’s fees and costs for the arbitration that are in excess of any filing fee that you would have been required to pay to file your Claims as a lawsuit in a state or federal court (whichever is greater). Unless the arbitrator awards otherwise, you will be responsible for paying the fees for your lawyers, witnesses (including experts), and all other expenses you incur. An arbitration award and any judgment confirming it apply only to that specific case. The arbitration award may be entered as a judgment only to enforce the award itself and cannot be used as evidence in any other case. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
Either party shall have the right to seek an injunction or other equitable relief related to infringement, violation, or a threat to infringe or violate the other party's patent, copyright, trademark or trade secret rights. The parties may seek such injunctive or other appropriate relief in any state or federal court in Harris County, Texas. You consent to exclusive jurisdiction and venue in Harris County, Texas.
16. Indemnity and Defense
By using the Site, you agree to indemnify, defend and hold us harmless from and against any and all third party claims, damages and costs, including reasonable attorneys’ fees and related expenses, arising from your: violation of any applicable laws, negligent, fraudulent, or willful acts or omissions, or breach of these Terms.
For New Jersey residents: Sections 12 through 15 of these Terms apply only to the extent permitted under New Jersey law.
17. Severability; Waiver
To the fullest extent permitted by law, if any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any term or condition herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
18. Contact Information
This website and/or certain activities provided via the website may be covered by U.S. Patent 6,091,956.
Bealls, Goodys, Gordmans, Palais Royal, Peebles, Stage, Style Circle Rewards, and gRewards are all registered trademarks of Specialty Retailers, Inc. gRewards is a trademark of Specialty Retailers, Inc.
Copyright © 2018 Specialty Retailers, Inc. ALL RIGHTS RESERVED.
Last Updated: October 30, 2018