THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.

Please read the Privacy Policy located on the Site, which also governs your visit to BurlingtonStores.com.

When you visit Burlington.com or e-mail us, you are communicating electronically. We will email you or put notices on this Site to communicate with you. By e-mailing us or submitting an order through this Site, you agree that any requirement that a document be in writing is fulfilled by being sent electronically.

Unless stated otherwise, all content, information, and/or other intellectual property on this Site is copyrighted, trademarked, owned, controlled and/or licensed by the Company or by third parties who have licensed their materials to the Company, and all such materials are protected by U.S. and international copyright laws. The Company and its licensors and suppliers expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials on this Site at any time. No one is given any rights relating to any intellectual property of or to any license to the Company or to any third party’s intellectual property rights by using this Site. The Company’s names and logos, including, without limitation, Burlington, Burlington Stores, Burlington Coat Factory, Baby Depot, Luxury Linens, and all related product and service names, design marks, and slogans, are the trademarks or service marks of the Company and its affiliates. All other product marks appearing from time to time on this Site with respect to the products being offered for sale are the property of their respective owners. Neither this Site nor any of its Content (as such term is defined in the Site Access and Limited License section below) nor any related software may be reproduced (except as permitted in the said Site Access and Limited License section below), published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold or used in any sale, or exploited in any way, in whole or in part.

Any links in this Site to products, marks, names or services on other website, and any links from any other website to Burlington.com, are solely for your convenience. This does not imply any endorsement by us of these third parties and/or their products.

You are granted a limited license to visit and use this Site for your personal use. The materials on this Site, including, without limitation, images, text, illustrations, designs, icons, photographs, programs, and written and other materials that are part of this Site (collectively, the “Content”) are intended to be used only as an aid to shopping on this Site and may not be used by you for any purpose other than solely for personal, non-commercial use. You are not permitted to download (other than page caching) or change any portion of this Site, unless you have our express written consent. This license does not allow for any resale or commercial use of this Site or its Content. You may not collect listings of products, prices, descriptions, use any portion of the Content in any derivative way, download, or copy information or other matter for use of any other party. You may not gather information and data from mining, robots or other extraction tools. Neither this Site nor any part of it can be copied in any way or used commercially without our express written permission.

Without our prior written consent, you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or any of its affiliates. Any use of any meta tags or any other “hidden text” utilizing this Site’s name or the Company’s or any of its affiliate’s names or trademarks without the express written consent of the Company is strictly prohibited. The Company grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Burlington.com, provided that the link does not portray either this Site or the Company, its affiliates, or their products or services in any false, misleading, derogatory, or otherwise offensive manner. Any use of the Burlington.com logo or any other proprietary graphic or trademark of the Company or any of its affiliates as part of any link without our express written permission is strictly prohibited. The permission or license granted to you by the Company to use this Site shall terminate automatically upon any unauthorized use by you.

It is not our intent to collect personal information about children under the age of 13. A child who is 13 but not yet 18 years of age may only use this Site if a parent or legal guardian agrees to be bound by the Terms of Use on the child’s behalf. If you are a parent or guardian of a child between the ages of 13 and 18, you are financially and legally responsible for the child’s actions on this Site. No person under 13 years of age may use this Site.

Any information concerning billing and registering must be truthful and genuine. If you give information that is incorrect, it is a breach of the Terms of Use.

It is prohibited to violate or attempt to violate the security of this Site in any manner, including, without limitation; (a) obtaining or attempting to obtain data that is not intended for you; (b) gaining unauthorized access to an account; (c) attempting to breach security without permission; (d) testing the vulnerability of this Site; (e) attempting to interfere with this Site, including the host, network, or user, in any manner; (f) sending emails that were not solicited, including ads and promotions; or (e) forging a TCP/IP packet header or any part of header information. These violations could result in civil or criminal penalties. The Company will investigate violations and will work with legal authorities to prosecute violators to the fullest extent of the law.

You will not be charged until your order is verified, payment authorized, and your order has entered the shipping process. We reserve the right to decline your order at our sole discretion. Some of the reasons we may decline the order are if the goods are unavailable, if pricing is in error, or if there are problems concerning credit or fraud. We will contact you if we decide to decline your order or if we need more information. If we decline your order, we will credit your credit card for any amount charged with respect to such order.

By purchasing, accepting or using a Burlington Stores or Cohoes plastic Gift Card or eGift Card (“Gift Card”), you accept and agree to be bound by these Terms and Conditions and all applicable laws, rules and regulations, and Burlington’s Terms of Use and Privacy Policy that govern the Site, which are incorporated herein by reference..

Redemption

• Gift Cards contain no value until activated.
• Gift Cards may only be redeemed for merchandise and services sold at Burlington and Baby Depot stores, and Burlington.com.
• Altered, illegible and duplicated Gift Cards are invalid and will not be redeemed.

Restrictions

• Gift Cards are not redeemable for cash, except in states where required by law.
• Gift Cards may be used to make purchases only up to the available balance on the Gift Card.
• Gift Cards may not be used to purchase other Gift Cards and cannot be reloaded.

General Terms

• Protect your Gift Cards like cash.
• Gift Card may only be redeemed for merchandise and services at Burlington and Baby Depot stores, and Burlington.com.
• Company is not responsible for lost, stolen or damaged Gift Cards or Gift Cards used without your permission. Lost, stolen or damaged, Gift Cards or Gift Cards used without your permission will not be replaced or refunded.
• Gift Cards do not expire and Company does not assess fees for non-use. Company Gift Cards are not credit, debit or charge cards and have no implied warranties.
• Company is not responsible for unauthorized or fraudulent use of Gift Cards, including the sale, purchase or attempt to use any cards purchased by or from an unauthorized seller. Company reserves the right to deactivate, reject or cancel any cards issued or procured directly or indirectly in connection with fraudulent actions, except where prohibited by applicable law.
• Terms and conditions may be subject to change without notice.
• By use of Gift Card you expressly release Company from any and all liability with respect to the card.
• If the laws pertaining to Company’s Gift Cards require additional or different terms or conditions, then such terms and conditions shall apply.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Our Customer Service Specialists are ready to assist you and address your concerns by calling 1.888.355.2875, Monday through Friday 8:00am to 8:00pm EST. In the event that our customer service team is unable to resolve your concern, by using this Site you unconditionally agree that any dispute or claim or controversy arising out of or relating in any way to these Terms or the existence, beach, termination, enforcement, interpretation or validity therefore, or your access to or use of this Site, or to any products or services sold or distributed by Company through this Site at any time, will be resolved by binding individual arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT. This arbitration agreement covers any dispute arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. This agreement evidences a transaction in interstate commerce and the Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.

Please take note, in an arbitration proceeding there is no judge or jury and no class actions. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these conditions of use as a court would.

YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION if your claim qualifies for small claims court in a location where jurisdiction and venue over you and Company is proper, in which case you may initiate proceedings in small claims court.

How Arbitration Works. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879 ). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Company will reimburse fees for claims totaling less than $10,000 unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing in the county you reside, as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Waiver of Right to Bring Class Action and Representative Claims. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS OF ANY NATURE OR IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. LIKEWISE, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the United States Federal Arbitration Act and other applicable federal law. The Company will provide notice of any material changes to this Arbitration Agreement. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it 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.

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury. We also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.

Suggestions, ideas, comments, questions, or other information may be submitted to us, but any illegal, obscene, threatening or defamatory content and any content that is invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable is strictly prohibited. Such content must also not contain any software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, “worms,” or any form of “spam.” The use of a false e-mail address, impersonating any person or entity, or deception or misleading or false designation of origin or identity of content is also strictly prohibited. We reserve the right (but have no obligation) to remove or edit such content. You grant the Company, its affiliates, licensees and sub-licenses a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display throughout the world in any media any content or other matter you submit to us and the right to use the name that you submit in connection with such content, if we so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; and that use of the content you supply does not violate this policy and will not cause injury to any person or entity.. We have the right but not the obligation to monitor and edit or remove any activity or content.

By accessing, browsing, or using any Company social media account, you agree to be bound by the following terms and conditions. By submitting comments, photographs, videos, your social media handle or other material (“Submissions”) to any Burlington Social Media Site including, but not limited to, Facebook, Instagram, Twitter, or that you have tagged with #BurlYes you grant to Burlington the absolute, perpetual, irrevocable, royalty-free, non-exclusive, transferable right, and unrestricted permission to use your Submissions in any manner, in whole or in part, individually or in connection with other material in any and all media now in existence or hereafter known, including, but not limited to posting on Company’s social media sites and Internet sites, for any purpose, whatsoever, including, without limitation, advertising, promotion, illustration, art, editorial, and trade, without restriction as to alterations, and to use your name in connection with any use, if Burlington so chooses, with no obligation to you whatsoever. You further grant Burlington the right to use reuse, publish and/or republish your username, real name, image, likeness, comment, caption or other identifying information, in connection with any use of your Submissions. You hereby represent and warrant that (1) you are a legally competent adult, (2) you own all rights to your Submissions, (3) you have permission from all persons appearing in your Submissions to grant the rights conveyed herein, (4) use of your Submissions will not violate the rights of any third party, and (5) your Submissions do not violate and laws or regulations.

The Company and its affiliates try to be as accurate as possible in all Content that we publish on this Site. If you receive a product and believe that it does not accurately reflect the description of the product on this Site, please contact us.

Every effort is made to show all the colors of our products as true and accurate to the actual item. The accuracy and fidelity of the colors, however, is dependent on your pc, monitor quality, and settings.

While the Company strives to provide accurate product and pricing information at all times, pricing or typographical errors may occur. The Company cannot confirm the price of an item until you place your order. Our goal is to provide you with the lowest prices possible. Sometimes a price on-line does not match the price in a store. Store pricing will sometimes differ from on-line prices and prices may change without notice.

We reserve the right, at our sole discretion, to limit the number of items purchased per person, per household, or per order. These restrictions also may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address, or are placed by dealers. If this limit applies, we will notify you. If you are interested in purchasing multiple quantities of items for a corporation, institution, or not-for-profit organization, please contact us.

By purchasing, accepting or using a Burlington Stores plastic Gift Card or eGift Card (“Gift Card”), you accept and agree to be bound by these Terms and Conditions and all applicable laws, rules and regulations, and Burlington’s Terms of Use and Privacy Policy that govern the Burlington Stores web site, which are incorporated herein by reference.

• Gift Cards contain no value until activated.
• Gift Cards may only be redeemed for merchandise and services sold at Burlington and Baby Depot stores, and BurlingtonStores.com.
• Altered, illegible and duplicated Gift Cards are invalid and will not be redeemed.

• Gift Cards are not redeemable for cash, except in states where required by law.
• Gift Cards may be used to make purchases only up to the available balance on the Gift Card.
• Gift Cards may not be used to purchase other Gift Cards and cannot be reloaded.