Orange Rewards Program Member Agreement
Terms & Conditions
I. INTRODUCTION TO ORANGE REWARDS PROGRAM. The Orange Rewards Program (“Program”) is a rewards program offered by Ashley HomeStores, Ltd. and its affiliates (“Ashley”, “us” or “our”) to certain customers who shop at participating ASHLEY HOMESTORE™ locations and online. This Member Agreement, as well as all additional policies, terms and conditions referenced and incorporated throughout, all of which may be amended from time-to-time (collectively, the “Terms”), contain information about the relationship between you and Ashley with respect to the Program and apply to you if you are eligible for the Program.
II. GENERAL. By enrolling in, or otherwise participating in, the Program, you acknowledge that you have read, understood and unconditionally accept to be bound by the Terms. Ashley reserves the right to modify these Terms, without further notice or compensation to you, and you waive any right to receive specific individual notice of such modifications. Any updates to these Terms will be effective immediately upon posting at https://www.ashleyfurniture.com/orange-rewards/terms, and your continued participation in the Program constitutes your acceptance to such modifications. These Terms constitute a legally binding agreement between Ashley and each individual who enrolls or otherwise participates in the Program. Accordingly, you expressly represent and warrant that you are eligible for the Program (as described below) and will otherwise comply with these Terms. If you do not agree to all of the Terms now or at any point in the future and/or you become ineligible for the Program (please see Section III below), please contact Customer Care at https://www.ashleyfurniture.com/ask-ashley/. Your Ashley Advantage™ Synchrony Credit Card account will not be terminated if you ask us to un-enroll you from the Program. By participating in the Program, you hereby expressly authorize Synchrony Bank and Ashley to exchange information about your accounts so that you can enjoy the benefits of the Program and so that Ashley can inform you of additional information, offers and opportunities.
III. ELIGIBILITY. To be eligible for the Program, you must have an Ashley Advantage™ Synchrony Credit Card Account, which account is in good standing as determined by Synchrony Bank, and shop, or have shopped, at a participating ASHLEY HOMESTORE™ location or online during or prior to the Program Period. The Program is open to individual U.S. residents of at least 18 years of age. Program membership is available only to natural persons and the following are ineligible: corporations, businesses, non-profit organizations, governmental agencies or other entities. Because Ashley is a retailer and does not sell to individuals or dealers for the purpose of resale to others, resellers are also expressly excluded from the Program.
i. Each eligible customer who enrolls in the Program (referred to herein as “Member(s)”, “you” or “your”) may only have one membership account (“Orange Rewards Account”), and only one Orange Rewards Account may be associated with each Ashley Advantage™ Synchrony Credit Card (“Ashley Advantage™ Card Account”). This means that all purchases made by an Ashley Advantage™ Card accountholder or any authorized users on an Ashley Advantage™ Card Account will only accrue rewards towards the Orange Rewards Account associated with the Ashley Advantage™ Card Account.
ii. Your membership is nontransferable.
iii. No purchase is required to become a Member.
iv. Ashley, in its sole discretion, reserves the right to suspend any Member’s membership in the Program in the event that the Member fails to comply with any terms and conditions of this Member Agreement or any other terms applicable to the Program.
b. Program Period
i. Auto-Enrollment: You will be auto-enrolled into the Program on or around July 1st, 2020 (“Program Start”) if you have applied and been approved for an Ashley Advantage™ Synchrony Credit Card at a participating ASHLEY HOMESTORE™ location or online. Your Ashley Advantage™ Card Account will not be terminated if you ask us to un-enroll you from the Program.
ii. End of Program. Ashley reserves the right to terminate the Program at any time.
V. ASHLEY REWARDS.
a. Ashley Rewards Coupon. As a Member, you have the opportunity to earn a $50.00 Ashley Rewards coupon when you make two (2) or more Qualifying Purchases (defined below) within a calendar year that equal or exceed, in total, $2,500. Limit One Reward coupon per Customer per Calendar Year. A “Qualifying Purchase” is a purchase (and amount) charged to your Ashley Advantage™ Synchrony Credit Card(“Qualifying Purchase(s)”).
b. Ashley Rewards Redemption. Each activated and issued Ashley Rewards coupon can be redeemed only for sixty (60) days after issuance, unless the Ashley Rewards coupon expressly provides a different redemption window. Any Ashley Rewards coupon that is unused during its stated redemption window will expire after that redemption window. The redemption window for your Ashley Rewards and other coupon details may be found on the back of the coupon. Ashley Rewards coupon terms are set forth on the coupon and are subject to change at any time.
VI. OTHER PROGRAM FEATURES & BENEFITS. Members will receive several special offers. Offers may include, but are not limited to, percent-off and dollar-off coupons. The number and type of offers may vary depending upon your shopping behavior, preferences and interactions with Ashley. Offers will include additional details, exclusions and terms.
VII. MEMBER COMMUNICATIONS. If you have agreed to receive promotional emails from Ashley and no longer wish to receive such communications, Members may unsubscribe from promotional emails at any time via the unsubscribe link in those emails; provided, however, if you unsubscribe from Ashley emails, you may no longer receive those Program benefits which are distributed by email. For information about your membership, contact Customer Care at https://www.ashleyfurniture.com/ask-ashley/.
VIII. PROGRAM MODIFICATION AND TERMINATION. The Program, its benefits, and the interpretation/application of its Terms are offered at the sole discretion of Ashley. Ashley reserves the right to modify the Program and any of its terms, features or benefits at any time with or without notice to you (including without limitation, the rate at which Ashley Rewards coupons can be earned). Ashley reserves the right to terminate the Program at any time.
IX. ADDITIONAL TERMS.
a. License. Subject to these Terms, Ashley hereby grants you a non-exclusive, non-transferable license (without the right to sublicense) for so long as you participate in the Program and adhere to these Terms, to access, participate in and use the Program services. You agree that you obtain no rights other than the rights and licenses expressly granted herein.
b. Entire Agreement. You agree to comply with terms and conditions of this Member Agreement. New Terms may be added and/or existing Terms may be amended from time-to-time. The Terms, as so amended, will be posted on the Program web site, and your continued participation in the Program thereafter will constitute acceptance of all such updated terms.
c. Disputes/Liability. UNDER NO CIRCUMSTANCES SHALL ASHLEY OR OUR EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE PARTICIPATING IN THE PROGRAM. YOU ACKNOWLEDGE, BY YOUR PARTICIPATION IN THE PROGRAM, THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If we end up in a legal dispute with you, Florida law will apply.
These Terms or any claim, cause of action or dispute (“claim”) arising out of or related to these Terms shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, notwithstanding of any conflicts of law principles. Additionally, you agree that all claims must be resolved exclusively by a state or federal court located in the State of Florida, except as described in the immediately following paragraphs regarding arbitration.
You agree to resolve disputes through arbitration.
Any dispute or claim relating in any way to your participation in the Program will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 1201 Hays Street, Tallahassee, Florida 32301. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.
If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).
Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).