Untitled Document

Member Agreement Terms & Conditions
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This Member Agreement Terms & Conditions contains terms and conditions (these “Terms & Conditions”) applicable to the Members of Team AMVETS Thrift Stores True Heroes Rewards Program (“Program”). In these Terms & Conditions, the term “Card” means the Program Rewards Card issued by AMVETS Department of California Service Foundation, a California corporation (“Team Amvets”), to you. “You” and “your” refer to the person who has obtained or received, or is authorized to use, the Card. “We,” “us,” and “our” refer to Team AMVETS and all of its affiliates, agents, employees, predecessors, successors, and assigns.

By using your Card, you agree to be bound by these Terms & Conditions. Please read these Terms & Conditions carefully and keep a copy for your records.

I. PROGRAM MEMBERSHIP ELIGIBILITY. Program membership is open to individual U.S. residents (50 states, D.C., and Puerto Rico) at least 13 years of age. If you are between the age of 13 and the age of majority, Team AMVETS understands and believes, and you warrant and represent, that you have obtained permission from your parent or legal guardian to be a member of the Program. You must provide and maintain a valid e-mail address and account information with Team AMVETS. Team AMVETS permits one Program membership per customer. Team AMVETS reserves the right in its sole discretion to limit the number of Program membership per household. Your membership in the Program, Card, Points, Rewards and other Offers and Promotions are nontransferable and are subject to these Terms & Conditions, as amended from time to time by Team AMVETS in its sole discretion, and, as otherwise indicated herein, may be subject to other terms and conditions. Program Cards, Points, Rewards, Offers and Promotions have no cash value. Other restrictions and exclusions may apply.

II. REGISTRATION FOR PROGRAM. You may register for the Program at any Team AMVETS Thrift Store (“Store” or “Stores”). Your Card will be linked to the email address that you provide in your account profile. An email address may only be linked to one account profile and one Card.

In order to earn Points, to redeem your Points for Rewards, and to receive Offers and Promotions, you must provide an email address in your account profile. We will send you email communications regarding Points, Rewards, Offers and Promotions. Upon your registration being completed, we will send a confirmation email to the address in your account profile indicating the then-current balance of your Points.

III. EARN POINTS. As a member of the Program, you will earn 1 point (“Point” or “Points”) for every $1 you spend on a “Qualifying Purchase” made in a Store, subject to certain exclusions. You will not earn partial Points for amounts that are less than $1. For example, if you spend $125.83 on a Qualifying Purchase, you will earn 125 Points. You will not earn Points for purchases paid for with a gift card, Points, a Reward or Offer, for sales tax or service charges, or for certain items that are excluded in particular promotions, as identified in the promotion. Purchases of merchandise or products (subtotal, pre-tax totals, and after all discounts, promotions, and coupons have been applied to the transaction) that are not otherwise excluded are “Qualifying Purchases.”

To earn Points when making Qualifying Purchases at participating Stores, you must, at the time of the purchase (a)(1) present your Card, or (2) provide the name, address, phone number, or email address associated with your Card, and (b) provide photo identification that reflects that you are the Card holder. Provision of this information is not required to complete the transaction, but it is necessary to earn Points for a Qualifying Purchase. Points will post to your Card within forty-eight (48) hours following completion of the Qualifying Purchase. Points will be earned by only one member per transaction.

The “Available Points Balance” at any time in your account will equal the aggregate amount of Points earned less the aggregate amount of Points converted into Rewards.

IV. REWARDS. For every 100 Points you earn in the Program, you will be eligible to convert the 100 points into a “Reward” for $10 off the total purchase price in a single transaction. Points are only convertible in $10 increments. You must accrue a minimum of 100 Points in order to be eligible to convert your Points into a $10 Reward. Rewards will only be issued in full dollar amounts and each time you convert Points, you must convert the maximum number of available Points in your account. For example, if you have accrued 1013 Points in your account when you elect to convert your Points into Rewards, you must convert 1000 Points into ten $10.00 Rewards, and thirteen (13) Points will remain in your Card account. Rewards will be loaded to your primary Card not later than forty-eight (48) hours after conversion of Points to a Reward.

The “Available Rewards Balance” on your Card at any time will equal the aggregate amount of Rewards loaded to your primary Card, less the aggregate amount of redeemed Rewards.

V. REWARD REDEMPTION. You may redeem Rewards to make Qualifying Purchases at any Store, subject to certain exclusions. Exclusions include merchandise and products that (a) are sold by AMVETS as a “donation” to AMVETS Welcome Home Program, (b) AMVETS in its sole discretion determines are excluded, or (c) are subject to legal regulations. Additionally, you may not redeem Rewards for cash, except as required by law. Each time you redeem a Reward, we will deduct the amount of the redeemed Reward from the Available Rewards Balance on your Card. In the event that the Available Rewards Balance on your Card is less than the purchase amount, you must redeem all (and not a portion) of the Available Rewards Balance and use another payment method to pay for the remaining balance of the purchase amount at the time of purchase.

In order to redeem a Reward(s) to a make a purchase, you must, at the time of the purchase (a)(1) present your Card, or (2) provide the name, address, phone number, or email address associated with your Card, and (b) provide photo identification that reflects that you are the Card holder. Provision of this information is not required to complete the transaction, but it is necessary to make a purchase with a Reward(s). If you are not able to swipe your Card at the register properly, please request assistance from a staff member at the Store before completing your purchase.

VI. BONUS OFFERS/PROMOTIONS. We may from time to time, in Team AMVETS’ sole discretion, offer certain bonus “Offers.” Such “Offers” may include, but are not limited to, percent-off and dollar-off coupons that must be redeemed in accordance with the terms and conditions of each respective Offer. In addition, in Team AMVETS’ sole discretion, we may offer from time to time certain “Promotions” to earn additional Points (e.g., double points weekend) which will be governed by these Terms & Conditions and the terms and conditions of each respective Promotion, including, without limitation, Qualifying Purchases limitations or exclusions and applicable Promotion periods.

We will notify you of available bonus Offers and Promotions by sending you an email to the address in your account profile. You must have the Offer or Promotion email with you when you make your purchase. Bonus Offers and Promotions will expire on their applicable expiration dates, as indicated on the email notifying you of the Bonus Offer or Promotion. Additionally, you may not redeem Offers or Promotions for cash, except as required by law.

Any Points earned in connection with a bonus Offer or Promotion will be posted to your account not later than forty-eight (48) hours after the applicable Qualifying Purchase.

VII. RETURNS. Currently Stores do not permit returns of merchandise or products. In the event an exception is made at the Store’s sole discretion, (1) if a Qualifying Purchase is returned, Points will be deducted from your Available Points Balance equal to the amount of Points earned for that Qualifying Purchase, (2) if the purchase was made in part or in whole with a Reward, the refund amount will be less the amount of the Reward and the equivalent amount of points for the Reward will be reloaded to your Card account, and (3) if the purchase was made in part or in whole with an Offer or Promotion, the refund amount will be less the amount of the Offer or Promotion and you will not be issued a replacement Offer or Promotion.

VIII. EXPIRATION OF POINTS AND REWARDS. Your Points and Rewards automatically will expire after there has been no Point activity on your Card account for twelve (12) consecutive months. In addition to your Points and Rewards automatically expiring, your Card account automatically will be closed.

IX. EXPIRATION OF BONUS OFFERS/PROMOTIONS. Bonus Offers and Promotions will expire on their applicable expiration dates, as indicated on the email notifying you of the Bonus Offer or Promotion.

X. BALANCE INQUIRY AND TRANSACTION HISTORY. You may check the Available Points Balance and Available Rewards Balance in your account at any Team AMVETS Thrift Store (“Store” or “Stores”). Your Available Points Balance shall equal the amounts reflected in our records on that day and at that time, unless you can prove otherwise to our satisfaction. You may also check the transaction history for the Qualifying Purchases for which you earned Points (limited to purchases made within the previous twelve (12) months) at any Team AMVETS Thrift Store (“Store” or “Stores”).

XI. LOST, STOLEN, DAMAGED CARD. Team AMVETS is not responsible for lost, stolen, or damaged Cards. If you believe your Card has been lost, stolen, or damaged, you may notify us at any Team AMVETS Thrift Store (“Store” or “Stores”). Upon receipt of such notification, we will deactivate your Card. Once we have deactivated your Card, you may pick up a new Card at any Store. If the lost, stolen, or damaged Card had an Available Points Balance or Available Rewards Balance at the time of deactivation, you may request that the Available Points Balance and Available Rewards Balance be transferred to the new Card not later than forty-eight (48) hours after upon linking the new Card to the previously provided email address.

XII. MEMBERSHIP EXPIRATION, CANCELLATION AND TERMINATION. We reserve the right to cancel, terminate, suspend, or revoke in our sole discretion the use of your Card and your account at any time without prior notice, subject to applicable law. We may do so, for example, if we believe the Card is lost, stolen, destroyed, or counterfeit or if there is a dispute over the Card’s ownership. You may not use a cancelled, terminated, suspended, or revoked Card to earn Points or redeem Rewards, Offers or Promotions, and you must surrender any cancelled, terminated, suspended, or revoked Card to us upon request.

We reserve the right to cancel, terminate, or suspend the Program at any time in our discretion, upon thirty (30) days’ prior notice. Upon termination of the Program, you may not use your Card to earn Points, and you must surrender your Card to us upon request. Upon termination of the Program, you may convert the Available Points Balance in your account (subject to a minimum 500-Point conversion requirement) to a Reward and continue to redeem the Available Rewards Balance on your Card and Offers and Promotions prior to the expiration date of the underlying Offer or Promotion. In addition, Team AMVETS reserves the right, in its sole discretion, to change, limit, or modify the Program, these Terms & Conditions and/or your membership at any time, with or without notice. Any such adjustments, however, will be made in accordance with any applicable laws, rules, or regulations.

As discussed in Section VIII, your Card account automatically will be closed after there has been no Point activity on your Card account for twelve (12) consecutive months. In addition to your Card account automatically being closed, your Available Points Balance and Available Rewards Balance automatically will expire. If your Card account is closed, you will be required to apply for a new Card account and your Points and Rewards from your previous Card account will not be transferred to your new Card account.

Membership can be canceled at any time by the member by contacting any Team AMVETS Thrift Store (“Store” or “Stores”). Cancellation may take from 6 to 8 weeks to finalize. Upon cancellation, your membership will be inactivated and, notwithstanding anything to the contrary set forth in these Terms & Conditions, you may not convert any Available Points Balance in your account, and your Available Points Balance in your account automatically will be reduced to zero. You may continue to redeem the Available Rewards Balance on your Card and to redeem any Offers and Promotions that have not expired.

In the event of any abusive or fraudulent activity related to the Program, and/or a violation of the Terms & Conditions, as determined by us in our sole discretion, we reserve the right to make any adjustments to your Available Points Balance and Available Rewards Balance at any time. Any such adjustments, however, will be made in accordance with the Terms & Conditions, any applicable laws, rules, or regulations.

XIII. NO TRANSFERS. Cards, Points, Rewards, Offers and Promotions are non-transferable.

XIV. Member Communication. By enrolling or otherwise participating in the Program, you agree to receive emails from Team AMVETS at the email address provided by you to us as part of your Card account profile. As a Program member, you may receive various types of email communications from Team AMVETS, including, for example, emails about upcoming events and sales. You are responsible for keeping the email address associated with your Card current. For more information about your membership, contact at any Team AMVETS Thrift Store (“Store” or “Stores”).

XV. PRIVACY POLICY.Team AMVETS’ Privacy Policy is posted on www.teamamvets.com/about-us/trueheroesrewards.html. By providing us information, you explicitly agree to our collection and use of such information as described in this Privacy Policy. If we make material changes to the Privacy Policy, we will post the updated Privacy Policy on www.teamamvets.com/about-us/trueheroesrewards.html with a new effective date. The Privacy Policy will notify you of the following: (a) Information Collection, Use, and Sharing ⎯ What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared; (b) Cookies ⎯ What data is stored for later access by you to this web site; (c) Your Access to and Control Over Information ⎯ Choices are available to you regarding the use of your data; (d) Security ⎯ The security procedures in place to protect the misuse of your information; (e) Links ⎯ Links to other websites; (f) Protecting Children's Privacy; and (g) Corrections and Contacting Us ⎯ How you can correct any inaccuracies in the information. This Privacy Policy only covers information collected by the Stores and Team AMVETS’ web site, and does not cover any information collected at any other web site or offline by a Store (unless specifically stated). Occasionally, Team AMVETS may test new products, services, or promotions. Some of these tests may have implications for Program members that may vary from the terms stated here. When different policies or terms apply, we will communicate that to you.

XVI. DISPUTE RESOLUTION BY BINDING ARBITRATION. If a dispute, claim, or controversy of any kind arises out of or relates to the Card, these Terms & Conditions, Points, Rewards, Offers, Promotions or the purchase, sale, or use of the Card, you and we agree to resolve any such dispute, claim, or controversy exclusively through binding arbitration. You should review this provision carefully. This arbitration provision limits your and our ability to litigate claims in court, and you and we each agree to waive your and our respective rights to a jury trial. Any arbitration under this provision shall take place on an individual basis; class arbitrations and class actions are not permitted. You will not have the right to participate as a class representative, private attorney general, or member of any class of claimants for any claim subject to arbitration. A claim by, or on behalf of, other persons will not be considered in, joined with, or consolidated with the arbitration proceedings between you and us. Any dispute regarding the prohibitions in the prior sentence shall be resolved by the arbitrator in accordance with this arbitration provision.

Arbitration is usually an informal proceeding in which disputes are decided by one or more neutral arbitrators who receive the evidence at a hearing and then issue a binding ruling in the form of an award. You and we understand that in an arbitration discovery is more limited than in a court, and review by courts is very limited.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (a “Notice”). Any Notice to us should be addressed to AMVETS Department of California Service Foundation, 1213 S Dale Ave. Anaheim CA 92804 (the “Notice Address”). Any Notice must (i) describe the nature and basis of the dispute, claim, or controversy and (ii) set forth the specific relief sought. If you and we do not reach an agreement to resolve the dispute, claim, or controversy within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or we shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.

You and we agree, upon written demand made by you or us, to submit to binding arbitration any and all disputes, claims, and controversies, whether based on contract, tort, fraudulent misrepresentation, statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to these Terms & Conditions, the Card, Points, Rewards, Offers , the benefits provided by the Card, any advertisements, promotions, or oral or written statements related to the Card, any relationships that result from the purchase or use of the Card (including, to the fullest extent permitted by applicable law, relationships with third parties who are not parties to these Terms & Conditions or this arbitration provision), or the scope or enforceability of these Terms & Conditions, including the determination of the applicability of this agreement to arbitrate (collectively, “Claims”). All parties retain the right to seek relief in a small claims court for Claims within the jurisdictional limits of the small claims court. The arbitration of any Claim shall be conducted by the American Arbitration Association (the “AAA”) or any other arbitrator mutually agreed upon by you and us. In any event, the arbitration of any Claim shall be conducted in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “Rules”). The Rules are available online at www.adr.org or by calling 800.778.7879. In the event of any inconsistency between this arbitration provision and the Rules, such inconsistency shall be resolved in favor of this arbitration provision. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act shall apply to the construction, interpretation, and enforceability of these Terms & Conditions, notwithstanding any other choice of law provision contained in these Terms & Conditions.

Either you or we may initiate arbitration by giving written notice of the intention to arbitrate to the other party and by filing notice with the AAA in accordance with the Rules in effect at the time the notice is filed. We may be given notice at the Notice Address above.

A single arbitrator shall decide all Claims. The arbitrator shall be an active member in good standing of the bar for any state in the continental United States and shall be either actively engaged in the practice of law for at least five years or a retired judge.

You and we agree that the arbitrator shall: (i) limit discovery to non-privileged matters directly relevant to the Claim; (ii) grant only relief that is based upon and consistent with substantial evidence and applicable substantive law; (iii) have authority to grant relief only with respect to Claims asserted by or against you individually; and (iv) provide a written statement stating the disposition of each Claim and a concise written explanation of the basis for the award and shall make specific findings of fact and conclusions of law to support any arbitration award. Unless inconsistent with applicable law, and except as otherwise provided herein, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the arbitration. We will pay to the AAA any portion of the arbitration filing fee required by the AAA Rules. For all other Claims, the arbitrator will decide whether we or you will ultimately be responsible for paying any fees or other costs in connection with the arbitration under the Rules. Any arbitration proceedings shall be conducted in the federal judicial district of your residence, and you will be given the opportunity to attend the proceeding and be heard. 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 accordance with the Rules. Judgment upon any award rendered in arbitration may be entered in any court having competent jurisdiction.

Demand for arbitration under this arbitration provision must be made before the date when any judicial action upon the same Claim would be barred under any applicable statute of limitations; otherwise, the Claim is also barred in arbitration. Any dispute as to whether any statute of limitations, estoppel, waiver, laches, or other doctrine bars the arbitration of any Claim shall be decided by arbitration in accordance with this arbitration provision.

Nothing in this arbitration provision shall limit the right of you or us, whether before, during, or after the pendency of any arbitration proceeding, to exercise any self-help remedies, such as set-off, or to obtain provisional or ancillary remedies or injunctive or other traditionally equitable relief, such as filing an interpleader action or seeking enforcement of intellectual property rights. You and we agree that the taking of these actions or any other participation in such litigation by you or us does not waive any right that either you or we has to demand arbitration at any time with respect to any subsequent or amended Claim filed against you or us after commencement of litigation between you and us.

If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions of this arbitration provision will remain valid and enforceable.

For purposes of this arbitration provision, “you” and “your” include all authorized and unauthorized users and beneficiaries of the Card, Points, Rewards and/or Offers, and “we,” “us,” and “our” include AMVETS Department of California Service Foundation, a California corporation, and all of its affiliates, agents, employees, predecessors, successors, and assigns.

XVII. LIMITATION OF LIABILITY. In addition to other limitations and exclusions in Team AMVETS conditions of use, in no event will we or our Directors, Officers, Employees, Agents, or other Representatives be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind arising out of or related to the Program. Our total liability, whether in contract, warranty, tort (including negligence) or otherwise, will not exceed the total amount you spent on Qualifying Purchases in the most recent twelve-month period. These exclusions and Limitations of Liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your membership. Certain state laws do not allow the exclusion or limitation of certain damages. If there laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

XVIII. AMENDMENTS.To the extent permitted by law, we may amend these Terms & Conditions in our sole discretion at any time by posting updated or revised Terms & Conditions at www.teamamvets.com/about-us/trueheroesrewards.html. Please check www.teamamvets.com/about-us/trueheroesrewards.html frequently for any updates or revisions to these Terms & Conditions. Unless otherwise indicated by us, any amendments shall apply to outstanding Cards and any Card transactions occurring on or after the effective date of the amendments. Except where prohibited by law, use of your Card after the effective date of any amendment shall confirm that you agree to the amendment. If you do not agree to an amendment, you must stop using your Card and opt out of the Program in accordance with Section XIII.

XIX. SEVERABILITY/NO WAIVER. If any provision of these Terms & Conditions shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms & Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms & Conditions.

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