Last modified on November 22, 2019
These terms of use are entered into by and between you and The Container Store, Inc.
(“The Container Store”, “we” or “us”). The following terms and conditions which
includes an ARBITRATION AGREEMENT, together with any documents they expressly incorporate by
reference (collectively, these “Terms of Use”), govern your purchases from, and use of,
www.containerstore.com (the “Website”), whether as a Website visitor, guest, or a registered user. If
you do not agree to these Terms of Use, you must not access, use, or make purchases from the Website.
This Website is offered and available to users who are 13 years of age or older. By using this Website, you
represent and warrant that you are of legal age to form a binding contract with The Container Store and meet all the
foregoing eligibility requirements. If you do not meet all these requirements, you must not access, use, or make
purchases from the Website.
The following topics are addressed in these Terms of Use:
- Acceptance of the Terms of Use
- Changes to the Terms of Use
- Accessing the Website and Account Security
- Intellectual Property Rights
- Prohibited Uses
- User Contributions
- Reporting Claims of Copyright Infringement
- No Reliance on the Information Provided
- Changes to the Website
- Information About You and Your Visits to the Website
- Linking to the Website and Social Media Features
- Links from the Website
- Text Messaging Program
- Online Purchases
- Geographic Restrictions
- Disclaimer of Website Warranties
- Limitation of Liability
- Indemnification
- Disputes — Arbitration Agreement & Waiver of Certain Rights
- Applicable Law
- Limitation on Time to File Claims
- Waiver and Severability
- Your Comments or Concerns
We may revise and update these Terms of Use from time-to-time in our sole discretion. All changes are effective
immediately when we post them and will apply to all access to, use of, and purchases from the Website thereafter.
However, any such changes will not apply to any claim brought prior to the date on which we posted the revised terms
incorporating such changes or otherwise notified you of such changes.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to
the changes. You are expected to check this page from time-to-time so that you are aware of any changes, as they are
binding on you.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details
or other information. It is a condition of your use of the Website that all the information you provide on the
Website is correct, current and complete. You agree that all information you provide to register with this Website
or otherwise, including but not limited to the use of any interactive features on the Website, is governed by our
Privacy Policy, and you consent to all actions we take with respect
to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security
procedures, you must treat such information as confidential, and you must not disclose it to any other person or
entity. You also acknowledge that your account is personal to you and agree not to provide any other person with
access to this Website or portions of it using your user name, password or other security information. You agree to
notify us immediately of any unauthorized access to or use of your user name or password or any other breach of
security. You also agree to ensure that you exit from your account at the end of each session.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us,
at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any
provision of these Terms of Use.
The Website and its entire content, features and functionality (including but not limited to all information,
software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by
The Container Store, its licensors or other providers of such material and are protected by United States and
international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights
laws.
The Container Store’s Copyrights.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce,
distribute, modify, create derivative works of, download, store or transmit any of the material on our Website,
except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing
those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal,
non-commercial use and not for further reproduction, publication or distribution.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying
text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this
site.
If you wish to make any use of material on the Website other than that set out in this section, please address your
request to: contain@containerstore.com.
No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights
not expressly granted are reserved by The Container Store. Any use of the Website not expressly permitted by these
Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
The Container Store’s Trademarks.
The Container Store name, the terms Contain Yourself!, Elfa, and TCS Closets, all related names, logos, product and
service names, designs and slogans are trademarks of The Container Store or its affiliates or licensors. You must
not use such marks without the prior written permission of The Container Store. All other names, logos, product and
service names, designs and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the
Website:
- In any way that violates any applicable federal, state, local or international law or regulation.
- To send, upload, use or re-use any material which does not comply with the Content
Standards set out below.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written
consent, including any “junk mail”, “chain letter” or “spam” or any other
similar solicitation.
- To impersonate or attempt to impersonate The Container Store, one of its employees, another user, or any other
person or entity (including, without limitation, by using e-mail addresses associated with any of the
foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which,
as determined by us, may harm The Container Store or users of the Website or expose them to liability.
- Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere
with any other party’s use of the Website, including their ability to engage in real time activities
through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any
purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other
unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or
technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the
server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
By contributing user generated content or clicking to accept or agree to the Terms of Use, you accept and agree to
our Terms of Use posted on this webpage which includes an ARBITRATION
AGREEMENT and our Privacy Policy.
The Website may contain message boards, chat rooms, personal profiles, forums, ratings and reviews, picture
submissions, and other interactive features (collectively, “Interactive
Services”) that allow users to post, submit, publish, display or transmit to other users or other
persons (hereinafter, “post”) content or materials (collectively,
“User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out below.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any
User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our
respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and
otherwise disclose to third parties any such material for any purpose including commercial purposes.
You represent and warrant that:
- You own or control all rights in and to the User Contributions; and have the right to grant the license granted
above to us and our affiliates and service providers, and each of their and our respective licensees, successors
and assigns.
- All your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and
you, not The Container Store, have full responsibility for such content, including its legality, reliability,
accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted
by you or any other user of the Website.
Monitoring and Enforcement; Termination.
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole
discretion, including if we believe that such User Contribution violates these Terms of Use, including the
Content Standards below, infringes any intellectual property right or other right of any person or entity,
threatens the personal safety of users of the Website or the public or could create liability for The Container
Store.
- Disclose your identity or other information about you to any third party who claims that material posted by you
violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or
unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without
limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the 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 WAIVE AND HOLD HARMLESS THE CONTAINER STORE AND ITS AFFILIATES, LICENSEES AND SERVICE
PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF
ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW
ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt
removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or
inaction regarding transmissions, communications or content provided by any user or third party. We have no
liability or responsibility to anyone for performance or nonperformance of the activities described in this
section.
Content Standards.
These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in
their entirety comply with all applicable federal, state, local and international laws and regulations. Without
limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful,
inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any
other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that
could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be
in conflict with these Terms of Use and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other
person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or
advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not
the case.
The Container Store takes claims of copyright infringement seriously. We will respond to notices of alleged
copyright infringement that comply with applicable law. If you believe any materials accessible on or from this
Website infringe your copyright, you may request removal of those materials from the Website by submitting written
notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability
Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512)
(“DMCA”), the written notice (the “DMCA
Notice”) must include substantially the following:
- your physical or electronic signature;
- identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple
works on the Website, a representative list of such works;
- identification of the material you believe to be infringing in a sufficiently precise manner to allow us to
locate that material;
- adequate information by which we can contact you (including your name, postal address, telephone number, and,
if available, email address);
- a statement that you have a good faith belief that use of the copyrighted material is not authorized by the
copyright owner, its agent, or the law;
- a statement that the information in the written notice is accurate; and
- a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Legal Department
The Container Store
500 Freeport Parkway
Suite 100
Coppell, TX 75019
Phone: (972) 538-6000
Email: contain@containerstore.com
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be
effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing
your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f)
of the DMCA.
Repeat Infringers.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat
infringers.
The information presented on or through the Website is made available solely for general information purposes. We do
not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information
is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such
materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, customers,
bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or
opinions expressed in these materials, and all articles and responses to questions and other content, other than the
content provided by The Container Store, are solely the opinions and the responsibility of the person or entity
providing those materials. These materials do not necessarily reflect the opinion of The Container Store. We are not
responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third
parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or
up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation
to update such material.
All information we collect on this Website is subject to our
Privacy Policy. By using the Website, you consent to all actions
taken by us with respect to your information in compliance with the Privacy Policy.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation
or take advantage of it, but you must not establish a link in such a way as to suggest any form of association,
approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or
certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed
with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep
linking or in-line linking, on any other site.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other
provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the
right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for
your convenience only. This includes links contained in advertisements, including banner advertisements and
sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for
them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party
websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use
for such websites.
The Container Store provides you the opportunity to receive limited-time offers through SMS/MMS text messaging to
your mobile device(s) (the "Text Messaging Program"). By providing us your phone number, opting in or participating
in the Text Messaging Program, you accept and agree to our Terms of Use posted on this webpage
which includes an ARBITRATION AGREEMENT and our
Privacy Policy.
Opting In.
The Text Messaging Program allows you to receive SMS/MMS mobile messages by affirmatively opting-in to the Text
Messaging Program, such as through an online enrollment form or texting a keyword to the short code associated with
the Text Messaging Program (the “Short Code”). Regardless of the opt-in method used, you agree that these Terms of
Use apply to your participation. You also agree to receive autodialed and/or prerecorded marketing mobile messages
at the mobile phone number associated with your opt-in. Although you consent to receive messages sent using
automated technology, the foregoing shall not be interpreted to imply that any of our mobile messages are sent using
an automatic telephone dialing system.
Cost and Frequency.
Message and data rates may apply. Your consent to participate in the Text Messaging Program is not required to
purchase goods or services. The Text Messaging Program involves recurring mobile messages and additional mobile
messages may be sent based on your interaction with us.
Participation Requirements.
You must be the mobile account owner, or have the mobile account owner’s permission, and be over the age of 18 years
to participate. You must have a wireless device of your own, be capable of two-way messaging, be using a
participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular
phone providers carry the necessary service to participate. Check your phone capabilities for specific text
messaging instructions. The Text Messaging Program will send SMS (Short Message Service) messages if your mobile
device does not support MMS (Multimedia Messaging Service) messaging.
Our Disclaimer of Warranty.
The Text Messaging Program is offered on an “as-is” basis; it may not be available in all areas or at all
times, and it may not continue to work in the event of product, software, coverage, or other changes made by your
wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected
with this Text Messaging Program. Delivery of mobile messages is subject to effective transmission from your
wireless service provider/network operator and is outside of our control.
Opting Out.
To discontinue your participation in the Text Message Program, reply STOP to any mobile message from us.
You may receive an additional mobile message confirming your decision to opt out. You understand and agree that
the foregoing options are the only reasonable methods of opting out. You also agree that any other method of
opting out, including, but not limited to, texting words other than STOP or verbally requesting one of our
employees to remove you from our list, is not a reasonable means of opting out.
Support.
For support regarding the Text Messaging Program, text HELP to the Program’s Short Code, email us at
contain@containerstore.com, or call us toll-free at 888-CONTAIN. Please note that communications with this email
address or toll-free number are not acceptable methods to opt out of the Text Messaging Program. Opt-outs must be
submitted in accordance with the procedures set forth above.
The terms within this Online Purchases section are part of our comprehensive Website Terms of
Use posted on this website. By purchasing products or services through our Website, or clicking to accept or agree
to the Terms of Use,
you acknowledge that you agree to or accept the entire Website Terms of Use, its ARBITRATION
AGREEMENT, and our Privacy Policy.
YOU MAY NOT PURCHASE PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE
OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE CONTAINER STORE, OR (C)
ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY
APPLICABLE LAW.
Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms or Use, all products and services listed in your
order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may
choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order
number and details of the items you have ordered.
Prices.
Prices and product availability may vary by location/channel and are subject to change. The price charged for a
product or service will be the price in effect at the time the order is placed and will be set out in your order
confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not
include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise
total, and will be itemized in your shopping cart and in your order confirmation email.
We strive to display accurate price information; however we may, on occasion, make inadvertent typographical errors,
inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors,
inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time-to-time promotions on the Site that may affect pricing and that are governed by terms and
conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the
promotion terms will govern.
Shipments and Delivery.
Upon your request, we will arrange for shipment of the products to you. Please view our
Frequently Asked Questions page for specific shipping and delivery
options.
You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges
are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your
order.
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in
shipments.
Title.
Title of any products purchased passes to you upon our transfer of the products to the carrier/delivery.
Returns and Refunds.
We will accept returns and refunds in accordance with our
Return Promise and our Exchange/Refund Policy. Call
888-CONTAIN or email contain@containerstore.com for additional information.
International Sales.
The Container Store utilizes the services of an international shipping company named Borderfree that allows us to
offer International shoppers with competitive international shipping costs.
When placing an order requiring International delivery, you are purchasing products exclusively through Borderfree
and not The Container Store. Although you will be browsing products and merchandise on The Container Store’s
website, any purchase that you make with a shipping address outside of the United States will be made and completed
directly by Borderfree, who is responsible for the placement of your order and its delivery.
International purchases will be subject to Borderfree’s
Terms & Conditions
and
Privacy Policy.
Disclaimer of Product Warranties.
ALL PRODUCTS AND SERVICES OFFERED FOR SALE ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR
IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY
NOT APPLY TO YOU.
The Container Store is based in the State of Texas in the United States. We provide this Website for use only by
persons located in the United States. We make no claims that the Website or any of its content is accessible or
appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain
countries. If you access the Website from outside the United States, you do so on your own initiative and are
responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that content available for downloading from the
internet or the Website will be free of viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy
of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON
IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE
WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE
CONTAINER STORE NOR ANY PERSON ASSOCIATED WITH THE CONTAINER STORE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT
TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, NEITHER THE CONTAINER STORE NOR ANYONE ASSOCIATED WITH THE CONTAINER STORE REPRESENTS OR WARRANTS THAT
THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE,
ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE CONTAINER STORE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES[, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE], ARISING OUT OF, OR
RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF USE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE
FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE
THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER,
SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE IN
THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply
to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting
from our acts or omissions.
You agree to defend, indemnify and hold harmless The Container Store, its affiliates, licensors and service
providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers,
successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses
or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of
Use or your use of the Website, including, but not limited to, your User Contributions, any use of the
Website’s content, services and products other than as expressly authorized in these Terms of Use or your use
of any information obtained from the Website.
You and The Container Store agree to resolve any disputes related to these Terms of Use, and all purchases made
through the Website, through binding and final arbitration through the American Arbitration Association ("AAA")
rather than in court, except that you may assert claims in small claims court or seek action through government
agencies.
YOU AND THE CONTAINER STORE HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE YOU HAVE WITH THE CONTAINER
STORE. COURT REVIEW OF AN ARBITRATION DECISION IS LIMITED AND THERE IS NO JUDGE OR JURY; HOWEVER, AN ARBITRATOR
CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT AND MUST FOLLOW THESE TERMS AS A COURT
WOULD. THIS SECTION LIMITS CERTAIN OTHER RIGHTS, INCLUDING THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED
IN AAA RULES AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE CONTAINER
STORE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Both you and The Container Store retain
the right to bring suit in court only to enjoin infringement or other misuse of intellectual property rights,
and such action shall not be deemed a waiver of the right to have disputes submitted to arbitration as provided
in these terms.
Pre-Arbitration Dispute Resolution:
You agree that whenever you have a disagreement with The Container Store
arising out of, connected to, or in any way related to these Terms of Use, you will first send a written notice
to The Container Store ("Demand"). You agree that the requirements of this Dispute Resolution section will
apply even to disagreements that may have arisen before you accepted these Terms. You must send the Demand to
the following address (the "Notice Address"): The Container Store Inc, c/o Cogency Global Inc, 1601 Elm Street,
Suite 4360 Dallas, TX 75201. The Demand must seek to resolve only your individual Dispute and must be personally
signed by you (and not your counsel). Within twenty (20) business days of receipt of a Demand, the recipient
may request an individualized video or telephone conference which both parties will personally attend (with
counsel, if represented). You agree that you will not take any legal action, including filing a lawsuit or
demanding arbitration, until after the period to request a conference expires or, if a conference is requested,
20 business days after the individualized conference. Compliance with this informal dispute resolution procedure
section is mandatory and a condition precedent to initiating arbitration. This procedure is essential to providing
each of us a meaningful opportunity to resolve disputes informally. Any applicable limitations periods and filing
fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent
jurisdiction may enjoin the filing or prosecution of an arbitration if these requirements have not been met.
Arbitration Procedure:
If the disagreement stated in the Demand is not resolved to your satisfaction within
ten (10) business days after the conference described above (or within ten [10] business days after the
time when such a conference may be requested if no conference has been requested), and you intend on taking
legal action, you agree that you will file a demand for arbitration with the American Arbitration Association
(the "Arbitrator"). The arbitration will be conducted by a single arbitrator with the AAA under its rules,
including the AAA's Consumer Arbitration Rules available at www.adr.org or 1-800-778-7879. You may choose to
have the arbitration conducted by telephone, based on written submissions, or in-person in the state where you
live or at another mutually agreeable location. The arbitration will be kept confidential except as may lawfully
be required.
Payment of all fees will be governed by the AAA's rules. If you demonstrate that the costs of arbitration will
be prohibitive as compared to the costs of court, we will pay as much of the fees required for the arbitration
as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. Either you or
The Container Store may seek attorneys' fees and costs in arbitration if the arbitrator determines the claims
are frivolous. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS,
CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION UNLESS THE MASS ARBITRATION PROVISIONS SET FORTH
BELOW ARE TRIGGERED. NEITHER YOU NOR THE CONTAINER STORE MAY ACT AS A PRIVATE ATTORNEY GENERAL OR CLASS
REPRESENTATIVE, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY DISPUTE OR CLAIM.
Mass Arbitration:
If, at any time, 25 or more claimants (including you) submit Demands or seek to file demands
for arbitration raising similar claims against The Container Store, and such circumstances meet the definition
and criteria of Mass Filings ("Mass Filing") set forth in National Arbitration & Mediation's ("NAM") Mass Filing
Supplemental Dispute Resolution Rules and Procedures ("NAM's Mass Filing Rules,"
available at https://www.namadr.com/resources/rules-fees-forms/), you and The Container Store agree that AAA
shall not serve as Arbitrator and that instead NAM shall administer any Mass Filing claims and the NAM Mass Filing
Rules in effect at the time such claim is filed shall apply as modified below. You agree that throughout this
process, the parties' counsel shall meet and confer to discuss modifications to these procedures based on the
particular needs of the Mass Filing. You acknowledge and agree that by electing to participate in a Mass Filing,
the adjudication of your dispute might be delayed.
Stage One: Counsel for the claimants and counsel for The Container Store shall each select 25 claims per side
(50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these
individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in
writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration
fees be assessed in connection with those claims unless and until they are selected to be filed in individual
arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed,
the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or
state court judge and The Container Store will pay the mediator's fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for
The Container Store shall each select 50 claims per side (100 claims total) to be filed and to proceed in
individual arbitrations as part of a second staged process, subject to any procedural changes the parties
agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator
unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in
arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they
are selected to be filed in individual arbitration proceedings as part of a staged process. After this second
set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all
remaining claims with a retired federal or state court judge and The Container Store will pay the mediator's
fee.
Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for
The Container Store shall each select 100 claims per side (200 claims total) to be filed and to proceed in
individual arbitrations as part of a third staged process, subject to any procedural changes the parties
agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any
arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in
individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings,
counsel for claimants may elect to have the parties participate in a global mediation session of all remaining
claims with a retired federal or state court judge.
If your Claim is not resolved as part of the staged process identified above, either:
Option One: You and we may separately or by agreement, opt out of arbitration and elect to have your claim heard
in court consistent with these Terms of Use. You may opt out of arbitration by sending us your individual,
personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such
an opt-out notice must be sent by you personally, and not by your agent, attorney, or anyone else purporting to
act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration
within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. We may opt your
claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to your
counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree to
adjust these deadlines.
OR
Option Two: If neither you nor we elect to have your claim heard in court consistent with Option One, then you
agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set
forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected
(or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual
arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those
claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or be deemed
filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until
they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set
of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent
with these parameters. counsel for the parties are encouraged to meet and confer, participate in mediation,
and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in
the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to
proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and,
if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment
of arbitration fees. If these additional procedures apply to your claim, and a court of competent jurisdiction
determines that they are not enforceable as to your claim, then your claim will proceed in a court of competent
jurisdiction consistent with these Terms of Use.
You and we agree that each party values the integrity and efficiency of arbitration and wishes to employ the
process for the fair resolution of genuine and sincere disputes between the parties. You and we acknowledge
and agree to act in good faith to ensure the processes set forth herein are followed. The parties further
agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient
and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid,
unenforceable or illegal, or otherwise conflicts with the NAM rules, then the balance of this Mass Arbitration
provision shall remain in effect and shall be construed in accordance with its terms as if the invalid,
unenforceable, illegal or conflicting provision were not contained herein unless the lack of such provision
would lead this Mass Arbitration provision to fail of its essential purpose.
This section of these terms will survive the termination of the relationship with you and The Container Store.
Both you and The Container Store agree these terms evidence a transaction in interstate commerce and that the
Federal Arbitration Act and applicable federal law (or in the absence of applicable federal law, then the laws of
the state of Texas, without regard to any conflict of laws principles) apply to these Terms of Use and all purchases
made through the Website.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS
PERMANENTLY BARRED.
No waiver by The Container Store of any term or condition set forth in these Terms of Use shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure
of The Container Store to assert a right or provision under these Terms of Use shall not constitute a waiver of such
right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid,
illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such
that the remaining provisions of the Terms of Use will continue in full force and effect.
The Website is operated by The Container Store, Inc., 500 Freeport Parkway, Coppell, Texas 75019.
All notices of copyright infringement claims should be sent to the copyright agent designated in our
Reporting Claims of Copyright Infringement section of these Terms of Use in the manner
and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website should
be directed to: contain@containerstore.com.
