TERMS AND CONDITIONS
By accepting these Terms through your use of the Website, you certify that you are at least 18 years of age. If you are under 18, but at least 13 years of age, you may use this Website under supervision of a parent or legal guardian who agrees to be bound by these Terms. Dollar General does not knowingly collect personal information about children under 13 years of age without prior parental consent. If we become aware that a child under the age of 13 has provided personal information to us, we will delete the information from our records. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for the child’s use of this Website, including all financial charges and legal liability that may arise out of your child’s usage of the Website.
3. Account Registration
You may be required to create an account (by submitting an email address and creating a password) to access certain services or areas of the Website. If you create an account, you agree to provide accurate and complete information. You also agree to update your account information in the event any of your information has changed. You may not enter or use an email address owned or controlled by another person with the intent to impersonate that person, or that is offensive, or that violates the intellectual property or other rights of any person. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms, which may result in a rejection or immediate termination of your account. We further reserve the right to cancel, in our sole discretion, your account at any time.
4. Account Security
Your account shall be for personal non-commercial use only. You are responsible at all times for maintaining the confidentiality of your password. You are fully responsible for restricting access to your computer and all activities that occur under your account, whether or not you authorize such activities.
5. Forward-Looking Statements
Some of the information contained on this Website may express or imply our outlook, plans, intentions, objectives, financial projections, future operations or future economic performance. These, and similar statements, are forward-looking statements concerning matters that involve risks, uncertainties and other factors that may cause our actual performance to differ materially from those expressed or implied by these statements. All forward-looking information should be evaluated in the context of these risks, uncertainties and other factors. Forward-looking statements are not limited to historical fact and/or use words such as “would,” “will,” “may,” “should,” “can,” “could,” “outlook,” “opportunity,” “believe,” “anticipate,” “project,” “predict,” “plan,” “expect,” “are likely to,” “estimate,” “committed,” “objective,” “forecast,” “prospect,” “goal,” “confident,” “positioned,” “intend,” “will likely result,” “continue,” “looking ahead,” “going forward” and similar expressions about our strategies, plans, intentions or beliefs about future occurrences or results. Dollar General believes the detailed assumptions underlying these forward-looking statements are reasonable; however, any of the assumptions could be inaccurate and we cannot anticipate all factors that could affect future results, and therefore, actual results may differ materially from those projected or implied in the forward-looking statements. All forward-looking information should be evaluated in the context of these risks, uncertainties and other factors. Important factors that could cause actual results to differ materially from the expectations expressed in or implied by such forward-looking information include, but are not limited to:
- economic conditions, including their effect on employment levels, consumer demand, disposable income, credit availability and spending patterns, inflation, commodity prices, fuel prices, interest rates, exchange rate fluctuations and the cost of goods;
- failure to successfully execute our strategies and initiatives, including those relating to merchandising, sourcing, customer segmentation, shrink, private brand, distribution and transportation, store operations, store formats, budgeting and expense reduction, and real estate;
- failure to open, relocate and remodel stores profitably and on schedule, as well as failure of our new store base to achieve sales and operating levels consistent with our expectations;
- levels of inventory shrinkage;
- effective response to competitive pressures and changes in the competitive environment and the markets where we operate;
- our level of success in gaining and maintaining broad market acceptance of our private brands;
- disruptions, unanticipated or unusual expenses or operational failures in our supply chain including, without limitation, a decrease in transportation capacity for overseas shipments, increases in transportation costs, work stoppages or other labor disruptions that could impede the receipt of merchandise, or delays in constructing or opening new distribution centers;
- risks and challenges associated with sourcing merchandise from suppliers, including, but not limited to, those related to international trade;
- unfavorable publicity or consumer perception of our products, including, but not limited to, related product liability and food safety claims;
- the impact of changes in or noncompliance with governmental laws and regulations and developments in or outcomes of private actions, class actions, administrative proceedings, regulatory actions or other litigation;
- natural disasters, unusual weather conditions, pandemic outbreaks, terrorist acts and geo-political events;
- damage or interruption to our information systems or failure of technology initiatives to deliver desired or timely results;
- ability to attract and retain qualified employees, while controlling labor costs and other labor issues;
- our loss of key personnel, inability to hire additional qualified personnel or disruption of executive management as a result of retirements or transitions;
- failure to successfully manage inventory balances;
- seasonality of our business;
- incurrence of material uninsured losses, excessive insurance costs or accident costs;
- failure to maintain the security of information that we hold, whether as a result of a data security breach or otherwise;
- deterioration in market conditions, including market disruptions, limited liquidity and interest rate fluctuations, or a lowering of our credit ratings;
- new accounting guidance, or changes in the interpretation or application of existing guidance; and
- other factors described from time to time in our filings with the SEC and in press releases and other communications.
All forward-looking statements are qualified in their entirety by these and other cautionary statements that Dollar General makes from time to time, and you are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date when made or otherwise expressly noted. Except as may be required by law, Dollar General disclaims any obligation to update or revise any forward-looking statements to reflect subsequent events, new information or future circumstances arising after the date on which the forward-looking statements were made. You are advised, however, to consult any further disclosures Dollar General may make on related subjects in our documents filed with the SEC, in press releases or in other communications.
6. Information and Press Releases
This Website contains press releases, webcast information and other information about Dollar General. This content is provided for informational purposes only. While the information contained on this Website was believed to be accurate as of the date prepared, it may no longer be accurate or complete today. Dollar General disclaims any duty or obligation to update this information.
7. No Offers of Securities
This Website and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. None of the information contained herein is intended to be, and no such information shall be deemed to be, incorporated into any of our securities law filings.
9. Third-Party Websites and Content
Our Website may contain display names, marks, products, pop up texts, advertisements of third parties and links to third-party websites (“Third Party Content”). This Third Party Content is provided solely as a convenience to you and not as an endorsement or adoption by us of the Third Party Content. We do not monitor and are not responsible for the Third Party Content or its accuracy or completeness, and we make no representations or warranties whatsoever regarding such Third Party Content. The Third Party Content also may contain opinions and viewpoints of third parties that are not our opinions or viewpoints. We do not control any Third Party Content and disclaim any responsibility for, the use and protection by our third party vendors of any personal information collected by them, and we are not responsible for their privacy or security practices. We strongly recommend that you review and understand the terms and conditions, privacy policies, settings and information of each third party website. If you decide to leave our Website and access any Third Party Content, you do so at your own risk. In no event will we be liable, directly, or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use or reliance on any Third Party Content, any products or other materials relating to any such Third Party Content, or any link contained in any Third Party Content.
DGX, the DGX logo, DOLLAR GENERAL®, the DOLLAR GENERAL Logo, the Dollar General product names referenced on this Website and all other Dollar General trademarks and service marks ("Dollar General Marks") are trademarks and service marks or registered trademarks and service marks of Dollar General. Any unauthorized use of the Dollar General Marks is strictly prohibited. You acknowledge Dollar General's exclusive rights to the Dollar General Marks and agree not to display or use the Dollar General Marks in any manner.
Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of Dollar General, or such other third party owner.
Except as otherwise provided, we own or have the rights to use all content contained on this Website, including without limitation the information, materials, text, graphics, site design, and the selection, assembly and arrangement thereof ("Content"). The Content is protected by copyright laws of the U.S. and other countries and may not be used for any commercial purpose or copied, distributed, modified, reproduced, performed, published, posted or reverse engineered in whole or in part without our prior written permission. We authorize you to view and print one copy of the materials only for your personal, informational, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials. Nothing in these Terms shall be deemed to grant to you or any other individual viewing the Website any license or right in or to any Content or Dollar General Marks.
Dollar General Corporation owns and operates the DGX brand. If you would like to obtain the permission to make any use of any of the materials on our Website not permitted by these Terms, please contact us in writing at: Dollar General Corporation,100 Mission Ridge, Goodlettsville, TN 37072, Attn: Corporate Communications.
12. Digital Millennium Copyright Act Notice
Notice and Procedure for Making Claims of Copyright Infringement
Dollar General is committed to complying with U.S. copyright law and responding to claims of copyright infringement. Dollar General will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions as set forth herein.
Notifications of claimed intellectual property infringement should be sent to our Designated Agent in the manner described below:
Designated Agent: Dave Stewart, VP Marketing
By Mail: Dollar General Corporation, 100 Mission Ridge, Goodlettsville, TN 37072
By Email: email@example.com
You must provide all of the following information when providing notice of the alleged intellectual property infringement:
- A physical or electronic signature of a person authorized to act on behalf of the intellectual property owner;
- Identification of the intellectual property claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit DGX to locate the material;
- Information reasonably sufficient to permit DGX to contact the intellectual property owner, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or law; and
- 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 intellectual property owner.
For more details on the information required for valid notification of copyright under the Digital Millennium Copyright Act, see 17 U.S.C. 512(c)(3).
Upon receipt of a valid notification of alleged copyright infringement by a third party, Dollar General shall remove or disable access to the material identified in the notice, and is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Dollar General a counter–notification. If Dollar General receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that Dollar General has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the Website.
You should be aware that, under the Digital Millennium Copyright Act, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.
These Terms are effective unless and until terminated either by you or Dollar General. You may terminate these Terms at any time, provided that you discontinue further use of this Website. To the fullest extent permitted by law, Dollar General also may terminate these Terms at any time and may do so immediately without notice, and accordingly deny you access to the Website, in our sole discretion if you fail to comply with any term or provision of these Terms. Upon any termination of these Terms by either you or Dollar General, you must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials. The following sections shall survive any termination of these Terms: “Export Policy”, “Trademarks”, “Copyrights”, “Website Security”, “Disclaimer”, “Indemnity” and “Miscellaneous.”
15. Disclaimer/Limitation of Liability
You expressly understand and agree that:
1. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, AND THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, ANY CONTENT ON THIS WEBSITE, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY, TO THE FULLEST EXTENT PERMITTED BY LAW, IS TO DISCONTINUE USING THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. TO THE FULLEST EXTENT PERMITTED BY LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.
3. ALL PRODUCTS SHOWN ON THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION TO THE FULLEST EXTENT PERMITTED BY LAW. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES APPLY UNLESS PROHIBITED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ALSO EXPRESSLY UNDERSTAND AND AGREE THAT WE DO NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER MALWARE THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, BROWSING THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE WEBSITE. YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL DOLLAR GENERAL, OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER INTANGIBLE LOSSES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES APPLY UNLESS PROHIBITED BY LAW. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF DOLLAR GENERAL UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100), UNLESS PROHIBITED BY LAW.
16. Merchandise Content Disclaimer
Product information accessed through this Website is obtained from claims made by the Product’s manufacturer. Please note that, on occasion, manufacturers may alter their labels so the actual product packaging and materials may contain different information than that shown on the Website, thus we cannot guarantee the accuracy, completeness or timeliness of any product information. We recommend that you do not solely rely on the information presented and that you always read labels, warnings and directions before using or consuming any product. For additional information about a product, please contact the manufacturer. We assume no liability for inaccuracies or misstatements about any manufacturer’s products.
17. Export Policy
You acknowledge that any purchased goods licensed or sold on this Website, which may include software or technology, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Website, you agree to abide by the applicable laws, rules and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of law.
18. Video, Movie and Computer Game Ratings
Dollar General participates in the video and computer game industry’s standardized rating system developed by the Entertainment Software Rating Board (ESRB), and in the Motion Picture Association of America (MPAA) ratings system. ESRB ratings are placed on game packaging and MPAA ratings are placed on movie and television show packaging to let you know the nature of the content and the ages for which the game or movie is appropriate. Dollar General does not sell games rated "AO: Adult Only" or movies rated NC–17. Games rated "M: Mature" and movies rated R are intended for mature audiences only and are noted as such on this Website. By ordering any "M: Mature" rated game or certain "RP: Rating Pending" games, or an R rated movie or certain "NR: Not Rated" movies, you are certifying that you are at least 17 years of age.
19. Order Confirmations, Pricing Errors or Inaccuracies
We will use our best efforts to describe and display products accurately on the Website. However, there may be incidents where a product on the Website is mispriced, described inaccurately or no longer available. As a result, we cannot and do not guarantee the accuracy or completeness of any information that appears on the Website, including, but not limited to, prices, product descriptions, images of products, specifications or availability. Dollar General reserves the right to modify or replace information for any reason and at any time without prior notice to the fullest extent permitted by law. Please note that there may likely be instances where the prices on the Website for a particular product differ from the prices listed at a Dollar General retail store.
20. Product Limitations
To the fullest extent permitted by law, Dollar General reserves the right, without prior notice: (i) to limit the available quantities of the products on the Website, (ii) to discontinue selling any product, (iii) to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotion, and (iv) to refuse to provide any person with any product.
21. Colors of Products
Dollar General attempts to display the colors of the products shown on the Website as accurately as possible. However, as the actual colors you see depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
22. Rules for Promotions
23. Website Security
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;" or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. Dollar General will investigate occurrences of such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who commit such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website.s
24. Class Action Waiver/Miscellaneous
27. Changes to Disclaimers and Terms
These Terms were posted on the Website on January 15, 2017, and modified on January 25, 2017. We reserve the right to change, modify or amend all or a portion of these Terms at any time to the fullest extent permitted by law, so we encourage you to review it periodically. YOU ACKNOWLEDGE AND AGREE THAT YOUR CONTINUED USE OF THE WEBSITE FOLLOWING CHANGES TO THESE TERMS POSTED TO OUR WEBSITE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.