Bulldog Shopping Network Terms of Use

Effective November 19, 2019

The iMedia Brands, Inc. d/b/a Bulldog Shopping Network (“Bulldog”) Terms of Use apply to Bulldog’s: website ("bulldogshoppingnetwork.com"), mobile and other applications, mobile services, telephone ordering and interactive voice response services, email address and accounts, and other websites and services where these Bulldog Terms of Use are posted (collectively, the “Services”). BY ACCESSING AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND CONFIRM YOUR UNCONDITIONAL ACCEPTANCE. THESE TERMS INCLUDE AN ARBITRATION AGREEMENT, WHICH WILL GOVERN ANY DISPUTE BETWEEN US AND YOU, UNLESS YOU OPT OUT AS DESCRIBED BELOW. ACCORDINGLY, PLEASE READ THESE TERMS CAREFULLY. You agree that we may provide notices, disclosures, and amendments to these Terms of Use, and other information by electronic means, including posting these materials online at https://www.bulldogshoppingnetwork.com/p/help/Bulldog/terms-of-use/.

ORDERS, RISK OF LOSS, AND RETURNS. Bulldog accepts orders from the 50 United States (inclusive of domestic military bases) and the District of Columbia only. Bulldog likewise ships products to the 50 United States (inclusive of domestic military bases) and the District of Columbia only. Bulldog will add shipping and handling fees and applicable sales/use tax. Bulldog reserves the right without prior notice to discontinue or change specifications and prices on products, services and other offerings (collectively, "Merchandise") offered through the Bulldog Services. Merchandise displayed through the Bulldog Services is available while supplies last. Descriptions of, or references to, Merchandise through the Bulldog Services do not imply endorsement of that Merchandise, or constitute a warranty, by Bulldog. All purchases are made pursuant to a shipment contract. As a result, risk of loss and title for Merchandise purchased pass to you upon delivery of the Merchandise to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. At our discretion, a refund may be issued without requiring a return or in advance of receiving returned Merchandise. In this situation, Bulldog never takes title to the refunded Merchandise. Learn more about returning Merchandise or the Square Trade Protection Plan sold by Bulldog Shopping Network on Bulldog Shopping Network.com.

CORRECTION OF ERRORS AND INACCURACIES. The information provided through the Bulldog Services may contain typographical errors or inaccuracies and may not be complete or current. Bulldog reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to Merchandise description, pricing and availability. Bulldog reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Bulldog. Bulldog reserves the right to limit the order quantity on any Merchandise. In the event that Merchandise is listed at an incorrect price due to supplier pricing information or typographical error, Bulldog shall have the right to refuse or cancel orders placed for the Merchandise listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If the incorrect price or typographical error is discovered after the Merchandise has shipped, you acknowledge that you will either refuse the delivery, return the Merchandise (at Bulldog's expense). If you refuse these options, you will be charged the Bulldog price of the Merchandise as it should have been for the Merchandise in question on the day of the sale, or you may have restrictions placed on your Bulldog account. If your credit card has already been charged for the purchase and your order is canceled, Bulldog shall promptly issue a credit to your credit card account in the amount of the incorrect price.

CONTENT. The text, images, photographs, graphics, logos, illustrations, descriptions, data, information, and other material provided through the Bulldog Services, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. Bulldog may change, delete, or update any Content at any time and without prior notice.

USE OF THE CONTENT & SERVICES. Unless otherwise noted, the Content is protected by patents, copyrights, trademarks (including but not limited to service marks), and other proprietary rights that are owned by Bulldog or by third parties that have licensed their use to Bulldog. You may view and use the Content only for your personal information and for shopping and ordering through the Bulldog Services. Except as set forth above, Bulldog does not grant to you any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process, any of the Content. You may not in any way reproduce or publicly display, perform, distribute or otherwise use any of the Content for any public or commercial purpose, except for limited backup purposes where appropriate. You may not create any derivative work of the Content or decompile, reverse engineer, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of, the Content. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler, or robot) to navigate, search, and/or extract information from the Services. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

TERMINATION. Bulldog shall have the right without notice and at any time to terminate the Bulldog Services or any portion thereof (including but not limited to bulldogshoppingnetwork.com), or any Merchandise offered through the Bulldog Services, or to terminate any individual's right to access or use the Bulldog Services.

USER COMMENTS AND SUBMISSIONS. The Bulldog Privacy Policy (posted at bulldogshoppingnetwork.com) is incorporated by reference into these Terms of Use. Except as otherwise expressly provided in the Privacy Policy, you hereby grant to Bulldog a non-exclusive, world-wide, royalty-free license to use, reproduce, disclose, publish and distribute any comments, reviews, feedback, notes, messages, ideas, suggestions or other communications, images, or other material (collectively, "Submissions") that you send to or post on the Bulldog Services (including but not limited to bulldogshoppingnetwork.com). Such license shall include all rights and interests in all copyrights and other intellectual property rights in the Submissions. Bulldog will be entitled to use, reproduce, modify (to creative derivative works), disclose, publish and distribute in whole or in part any Submissions that you submit for any purpose whatsoever, without restriction and without compensating you in any way. Do not send to or post on the Bulldog Services (including but not limited to bulldogshoppingnetwork.com) any Submissions which you do not wish to license to Bulldog.

You are strictly prohibited from sending to or posting through the Bulldog Services (including but not limited to bulldogshoppingnetwork.com), any Submission(s) that: (i) contain confidential or private information (including without limitation a person's financial or medical information or a company's trade secrets); (ii) are libelous, harassing, abusive, obscene, vulgar, sexually explicit, or that are offensive or discriminatory with respect to race, gender, sexuality, ethnicity or other intrinsic characteristics; (iii) are unrelated to Bulldog's Merchandise or Services; (iv) are false or misleading; or (v) infringe or otherwise misappropriate rights of third parties, including without limitation intellectual property rights protected under copyright, trademark, or patent law.

OTHER BUSINESSES. Parties other than Bulldog operate stores or sell lines of goods and services through the Bulldog Services. In addition, the Bulldog Services provide links to the websites of affiliated companies and certain other businesses. Bulldog is not responsible for examining or evaluating, and Bulldog does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Bulldog does not assume any responsibility or liability for the actions, goods, services, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. Links to other websites are provided for your convenience only, and you access them at your own risk.

YOUR ACCOUNT. You are responsible for maintaining the confidentiality of your Bulldog account and password information and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

DISCLAIMER AND LIMITATION AS TO USE OF THE BULLDOG SERVICES. THE BULLDOG SERVICES (INCLUDING BUT NOT LIMITED TO BULLDOGSHOPPINGNETWORK.COM) ARE OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED BY LAW, SHOPHQ AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SHOPHQ SERVICES AND THE CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE FOREGOING, BULLDOG AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE SHOPHQ SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR. UNDER NO CIRCUMSTANCES SHALL SHOPHQ OR ITS AFFILIATES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SHOPHQ SERVICES, INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR ANY OTHER TYPE OF DAMAGES. YOUR USE OF THE SHOPHQ SERVICES IS AT YOUR SOLE RISK. APPLICABLE LAW, INCLUDING THE LAW IN NEW JERSEY, MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

DISCLAIMER AND LIMITATION OF LIABILITY AS TO MERCHANDISE. If for any reason you are not entirely pleased with Merchandise you purchased from Bulldog using the Bulldog Services, simply return the Merchandise consistent with our return policy, posted at bulldogshoppingnetwork.com. If not returnable under our return policy, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many items of Merchandise are packaged with the manufacturer's warranty (if any) and service information detailing specific terms and conditions. Learn more about returning Merchandise on BulldogShoppingNetwork.com. PLEASE NOTE THAT CERTAIN ITEMS ARE SOLD “AS IS” OR “FINAL SALE” EXCEPT WHERE PROHIBITED BY LAW. ITEMS SOLD “AS IS” OR “FINAL SALE” CANNOT BE RETURNED OR EXCHANGED. WHEN APPLICABLE, THIS WILL BE SPECIFIED AT THE TIME OF SALE.

ALL MERCHANDISE SOLD BY SHOPHQ IS SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, BULLDOG MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY MERCHANDISE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, BULLDOG EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO MERCHANDISE SOLD THROUGH THE BULLDOG SERVICES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL BULLDOG, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING IN ANY WAY FROM ANY MERCHANDISE SOLD THROUGH THE BULLDOG SERVICES. IN NO EVENT SHALL BULLDOG'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE MERCHANDISE THAT IS THE SUBJECT OF THE CLAIM. APPLICABLE LAW, INCLUDING THE LAW OF NEW JERSEY, MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

MOBILE SERVICES. The Services may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to receive and reply to messages from Bulldog ("text alerts"), and access certain other features (collectively, the "Mobile Services"). Although Bulldog does not charge you for these Mobile Services, your mobile carrier's normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions (if any) may be applicable to your use of the Mobile Services, and how much they will cost you.

By using the Mobile Services, you agree that Bulldog may communicate with you by auto-dialed SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Bulldog. Your consent to receive text messages and participation in Mobile Services is not a condition for your purchasing any Merchandise. In the event you change or deactivate your mobile telephone number, you agree to promptly update your mobile subscription account information to ensure that the messages Bulldog intends to send to you are not sent to another person who acquires your former mobile telephone number.

ARBITRATION AGREEMENT. INSTEAD OF SUING IN COURT, YOU AND Bulldog Shopping Network EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and Bulldog agree that any dispute, controversy or claim between you and Bulldog which cannot be settled through the customer service department refunding your payments in full (if applicable) and which arises out of or relates to (i) these Terms of Use; (ii) any aspect of your relationship with Bulldog, including the Bulldog Services and\or your purchase or attempted purchase of Merchandise from Bulldog; (iii) any Content and\or Submissions; or (iv) Bulldog's marketing efforts, including complaints concerning unsolicited text messages, emails, push notifications, and telemarketing calls, irrespective of whether the dispute, controversy or claim arose after the termination of the relationship between you and Bulldog, the Services and\or the Mobile Services (collectively, "Claims"), shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights; provided, however, either you or Bulldog may bring an individual lawsuit in small claims court consistent with the jurisdictional and dollar limits that may apply. The arbitrator's decision and award are final and binding, with only those exceptions provided under the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq. (“FAA”), and judgment on the award may be entered in any court with jurisdiction.

Class Action Waiver. Bulldog and you each agree that each and both of the Parties are waiving the right to a trial by jury and may bring Claims against the other party only in an individual capacity and not in a class action or representative or collective proceeding. All arbitrations under this Arbitration Agreement shall be conducted on an individual (and not a class-wide or collective) basis. You acknowledge and agree that these Terms of Use specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person ("Class Action Waiver"). If a court decides that the limitations of this paragraph are invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

Informal Dispute Resolution Requirement. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All notices to Bulldog shall be sent to the following address: Bulldog Shopping Network, Legal Department, 6740 Shady Oak Road, Eden Prairie, MN 55344. All notices sent by Bulldog to you will be sent to the email and/or mailing address provided in your Bulldog Account. Upon receipt of such notice, the other Party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the Parties. After the expiration of such sixty (60) day period, you or Bulldog may commence an arbitration proceeding. Both you and Bulldog agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

Right to Opt Out of this Arbitration Agreement. You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you (a) make a purchase from Bulldog; or (b) sign up for any program or service provided by Bulldog. You may also opt out of this Arbitration Agreement within 30 days after we provide notice of a material change to this Arbitration Agreement. (Please see These Terms of Use May Change, below.) You may opt out by sending an email to customercare@bulldogshoppingnetwork.com or by sending a letter to Bulldog Shopping Network, Legal Department, 6740 Shady Oak Road, Eden Prairie, MN 55344. You should include your printed name, mailing address, and the words “Reject Arbitration.”

Arbitration Procedures. The arbitration of any Claim under this Agreement shall be referred to the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures, including information on how to initiate arbitration, are available by calling the AAA at 800-778-7879 or by visiting its website (www.adr.org). Unless you and Bulldog agree otherwise, including to conduct arbitration by telephone or videoconference, the arbitration of any Claim shall be conducted in the State in which you reside, and Bulldog will: (1) pay all costs of the arbitration; and (2) not seek attorney's fees in the event Bulldog prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses.

Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the FAA and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to Claims that are covered by the Arbitration Agreement, the law of the State of Minnesota, will govern. Bulldog will provide notice of any material changes to this Arbitration Agreement. (Please see These Terms of Use May Change, below.) Except as set forth above regarding the Class Action Waiver provision, if a court decides that any portion of this Arbitration Agreement is invalid or unenforceable, such determination will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.

COPYRIGHT VIOLATIONS – DIGITAL MILLENNIUM COPYRIGHT ACT. We respect the intellectual property rights of others, and we require that the people who use our Services do the same. We may terminate the privileges of users who are repeat infringers of intellectual property rights. If you are a copyright owner and believe that any content posted on the Services infringes upon your copyrights, you may submit written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to our designated Copyright Agent by email at customercare@Bulldog Shopping Network.com oor by mail to Bulldog Shopping Network, Attn: Copyright Agent, Legal Department, 6740 Shady Oak Road, Eden Prairie, MN 55344. You should include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (5) a statement that you have 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 (6) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

TRADEMARKS AND PATENTS. Certain patents, copyrights, trademarks (including but not limited to service marks), trade names, and logos used or displayed on the Bulldog Services are registered and unregistered patents, copyrights, trademarks, trade names, and logos of Bulldog or its affiliates. Other patents, copyrights, trademarks, trade names, and logos used or displayed on the Services are the registered and unregistered patents, copyrights, trademarks, trade names, and logos of their respective owners, including the developers, or their respective affiliates. Any identification of trademarks or other proprietary rights of other parties shall be in accordance with Bulldog policy, and Bulldog acknowledges the rights of such third parties. Nothing contained on the Bulldog Services grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any patents, copyrights, trademarks, tradenames, or logos displayed on the Bulldog Services without the written permission of Bulldog or such other owner.

THESE TERMS OF USE MAY CHANGE. BBulldog shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms of Use or to impose new Terms of Use governing the Bulldog Services (including but not limited to bulldogshoppingnetwork.com). Such revisions and additions shall be effective immediately upon notice, which may be given by any means, including but not limited to posting the revised or additional Terms of Use on bulldogshoppingnetwork.com. You are responsible for reviewing bulldogshoppingnetwork.com periodically for any modification to these Terms of Use. Any access to or use of the Bulldog Services by you after notice of revisions or additions to these Terms of Use shall constitute and be deemed to be your agreement to such revisions or additions.

MISCELLANEOUS. By using the Bulldog Services (including but limited to bulldogshoppingnetwork.com), you represent and warrant that you are of legal age to form a binding contract with Bulldog. If you are under 13 years of age, you should not use the Bulldog Services. These Terms of Use constitute the entire agreement between you and Bulldog with respect to the subject matter hereof, and they supersede all previous written or oral agreements between the parties with respect to such subject matter.

SEVERABILITY.If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.