Website Terms and Conditions
Last Revised August 9, 2013
Pier 1 Imports (U.S.), Inc. (“Pier 1 Imports”) is pleased to give you access to our website, www.pier1.com, and related subdomains and resources (collectively, the “Site”). Your use of the Site is subject to the binding legal agreement set forth below (the “Terms”).
BY USING THE SITE, YOU AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERMS SET FORTH HEREIN, DO NOT USE THE SITE FOR ANY PURPOSE.
WE URGE YOU TO READ THESE TERMS CAREFULLY, AS THEY INCLUDE PROVISIONS SUCH AS LIMITATIONS OF LIABILITY, CHOICE OF FORUM FOR DISPUTES AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
Changes to the Terms
Pier 1 Imports reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Changes in these Terms will be effective when posted, but any material change to these Terms will not be applied retroactively to any claim or dispute between you and us in connection with these Terms that arose prior to the effective date of such change. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.
Changes to the Site
Pier 1 Imports reserves the right, at any time without notice, to change, modify, terminate, suspend or discontinue, temporarily or permanently, the Site (or any portion thereof), including, but not limited to, content, features, or hours of availability. You agree that Pier 1 Imports shall not be liable to you or any third party for any change, modification, termination, suspension or discontinuance of the Site (or any part thereof). Pier 1 Imports may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
Your Account; Transactions
In order to access some features of the Site, you will have to create an account. You agree not to use another’s account without permission. You agree to provide accurate and complete information when creating and using your account. You are solely responsible for the activity that occurs on your account, and you must keep your account and password secure. Pier 1 Imports will not be liable for your losses caused by any unauthorized use of your account, but you may be liable for the losses of Pier 1 Imports or others due to such unauthorized use. You agree to pay all charges that may be incurred by you or on your behalf through the Site. In addition, you are responsible for any taxes that may be applicable to your transactions.
To make a purchase through the Site, you may be asked to supply certain information relevant to your purchase, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By submitting such information, you represent and warrant that you have the legal right to use the credit card utilized in connection with your transaction and you grant to Pier 1 Imports the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. You understand that we may use various third party suppliers and service providers to enable e-commerce functionality and other features of the Site.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your email or text message order confirmation does not constitute Pier 1 Imports’ acceptance of your order, nor does it constitute confirmation of Pier 1 Imports’ offer sell the ordered products. Pier 1 Imports reserves the right to decline your order for any reason whatsoever, with or without notice, following receipt of your order. Pier 1 Imports reserves the right, in its sole and absolute discretion, to limit quantities ordered or to prohibit orders by dealers. The risk of loss and title to products purchased on the Site pass to the purchaser upon delivery to the carrier for shipment.
If you are not fully satisfied with a purchase from the Site you may return it in the item’s original packaging within 45 days of the purchase date. Additional restrictions may apply. Please see our Return Policy for more details. The Return Policy is available here and is hereby incorporated into these Terms in its entirety.
Merchandise Pricing/Product Display/Errors on Site
All prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only in the contiguous United States. Online prices and selection generally match those in our stores, but may vary. Prices and inventory levels are subject to change without notice. Pier 1 Imports will correct errors when discovered, and reserves the right to revoke any stated offer on the Site.
Although Pier 1 Imports attempts to display product images as accurately as possible, it makes no representation or warranty that the color shown on your monitor is the same color as the actual product.
Pier 1 Imports cannot and does not guarantee, represent or endorse the accuracy or completeness of any information, including prices, product images, specifications, availability and services, displayed or distributed through the Site. Pier 1 Imports reserves the right, in its sole discretion, to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.
Pier 1 Imports owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the “Content”). The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Pier 1 Imports is the owner of the copyright in the entire Site. Pier 1 Imports owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of Pier 1 Imports. You may download, print, post and store selected portions of the Content for personal, noncommercial use, provided that you do not modify the Content and you maintain all copyright, trademark, attribution and other notices and legends contained in such Content, including without limitation trademarks and service marks of Pier 1 Imports and its affiliates or the copyright holder identified in the individual Content’s copyright notice.
Pier 1 Imports and its suppliers and licensors expressly reserve all intellectual property rights in all Content, technology and other materials accessible through the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any intellectual property rights. You acknowledge that you do not acquire any ownership rights by downloading Content. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of any copyright, trademark, attribution or other notices or legends shall be made. You may obtain more information on the copyrights, trademarks, and servicemarks of Pier 1 Imports and its affiliates and licensors by viewing the Copyright and Trademark Notice available here.
Digital Millennium Copyright Act
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to Pier 1 Imports if they have a good-faith belief that their protected works are being infringed. Pier 1 Imports will respond to all such notifications that are sent to:
Pier 1 Imports
Attn: DMCA Notification/Legal Department
100 Pier 1 Place
Fort Worth, TX 76102
To be effective, the notification must be a written communication that includes:
- A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at such site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the provider to locate the material;
- Information reasonably sufficient to permit the provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Upon receipt of such notification, Pier 1 Imports shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After Pier 1 Imports removes or disables access to such material, if such material was posted by a user of the Site, Pier 1 Imports will notify the party that posted the material of its action. Such party may then provide Pier 1 Imports’ designated agent proper “counter-notification” stating his, her or its authority to post the allegedly infringing material, which Pier 1 Imports will forward to the alleged copyright owner. Pier 1 Imports will inform the alleged copyright owner that Pier 1 Imports will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to Pier 1 Imports’ designated agent stating that it has filed suit against the alleged infringer.
An effective counter-notification must be sent to Pier 1 Imports’ designated agent, whose name and address are listed above. The notice must include the following information:
- The counter-notifying party’s physical or electronic signature;
- Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
- A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- The counter-notifying party’s name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where Pier 1 Imports is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided Pier 1 Imports with notification or an agent of such a person.
Limited Right to Use the Site
Pier 1 Imports grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these Terms. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information or other materials obtained from the Site, except as set forth in these Terms.
Acceptable Use Policy
As a condition of your use of this Site, you warrant to Pier 1 Imports that:
- You will only use this Site for lawful purposes in accordance with the Terms.
- You will not frame or mirror any part of our Site or otherwise reproduce or circumvent the navigational structure or presentation of the Site without first obtaining our written permission.
- You will not interfere or attempt to interfere with the security or operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs.
- You will not use or exploit any errors in design, features which have not been documented, or “bugs” to gain access in any way that is not generally known and intentionally made available by us, and you will promptly report to us your discovery of any such errors, features or bugs.
- You will not create a database by systematically downloading and storing information from the Site or use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather information or other materials from the Site.
- You will refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any e-mail, post or other communication transmitted through this Site.
- You will not harass, threaten, stalk, repeatedly contact, or abuse other people when using the Site in any manner.
- You will not collect or store personal information about any other individual on the Site.
- You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, “spam”, chain letters or pyramid schemes of any sort) to any person through the Site.
- You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Pier 1 Imports; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site.
You shall indemnify, defend and hold harmless Pier 1 Imports (U.S.), Inc., its parent, subsidiary and other affiliated entities, and all their officers, directors, owners, agents, employees, Content providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site. Pier 1 Imports reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Pier 1 Imports.
Third Party Websites and Resources
Disclaimer of Warranties and Damages; Limitation of Liability
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PIER 1 IMPORTS NOR ITS SERVICE PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR RELIABILITY OF THE SITE, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR, OR HYPERTEXT LINKS TO, THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. PIER 1 IMPORTS AND ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO PIER 1 IMPORTS’ NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES SHALL PIER 1 IMPORTS, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF PIER 1 IMPORTS, ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.
SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Commercial Use Disclaimer
YOU UNDERSTAND AND AGREE THAT THE PRODUCTS PURCHASED THROUGH THIS SITE ARE NOT DESIGNED AND/OR TESTED FOR COMMERCIAL AND/OR INSTITUTIONAL USE, AND AS A RESULT, PIER 1 IMPORTS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH PRODUCTS QUALITY AND/OR SUITABILITY FOR COMMERCIAL AND/OR INSTITUTIONAL USES.
Pier 1 Imports’ Rights to Materials Provided by Users
Pier 1 Imports welcomes your comments regarding our merchandise and services, including the Site. However, any or all material and information provided by you to the Site may be included in a database owned by Pier 1 Imports and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site to the fullest extent permitted by law.
By posting messages, providing comments, linking to content or applications, uploading files, inputting data or engaging in any other form of communication to or within the Site (individually or collectively “Communications”), you grant to Pier 1 Imports a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Pier 1 Imports of any material or idea submitted by you in any Communications or receive any compensation for such use. You waive all rights to any claim against Pier 1 Imports for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Pier 1 Imports is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.
If you post, upload, input or otherwise engage in any Communications, you guarantee, represent and warrant to us that you have all requisite legal rights to post, upload, input, link to or otherwise engage such Communication and to enable inclusion and use of such Communication in the manner contemplated by the Site and these Terms and doing so will not violate any law or the rights of any person. You are entirely responsible for all of your Communications. You understand that we are not responsible for the content, truth, completeness, objectivity, or usefulness of your Communications or the Communications of any other person, nor do we endorse any Communications. We undertake no obligation to verify the identity of people using the Site or to screen, monitor, edit or review any Communication before it appears on the Site. We do have the right, in our sole discretion, to monitor or remove any Communication at any time and without notice if we believe doing so will improve the Site, but we have no obligation to do so. Likewise, we can also suspend or terminate use of the Site by anyone who does not follow these Terms. Nevertheless, because we do undertake any obligation to prescreen Communications, you understand that by using the Site, you may be exposed to Communications that is offensive or objectionable;
No Responsibility for Transmitted Material
You acknowledge that transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Pier 1 Imports or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Pier 1 Imports or any Pier 1 Imports affiliate, parent company or subsidiary other than pursuant to these terms and conditions of use. Pier 1 Imports shall not be responsible for the payment of any monies to any party in connection with Pier 1 Imports’ use of Communications submitted by you to the Site.
Contests and Sweepstakes
From time to time, the Site might host or facilitate contests. In such cases, the contest rules will be prominently displayed, and you agree to read such rules, comply with them and only participate in any such contests under and pursuant to the terms thereof.
Non-United States Residents
Pier 1 Imports makes no representation that materials in the Site, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Site from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in Tarrant County in the State of Texas and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and Pier 1 Imports with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or Pier 1 Imports of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. This website and/or certain activities provided via the website may be covered by U.S. Patent 6,091,956.