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Tue         10-6

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The Guest List: Terms & Conditions

Welcome to The Guest List Customer Appreciation Program by White Oak Home (our “Program"). You can sign up for our Customer Appreciation Program via www.thewhiteoakhome.com/theguestlist or in store. These White Oak Home Customer Appreciation Program Terms ("Terms") are an agreement between you and White Oak Home. Please read these Terms and the Frequently Asked Questions (available here and incorporated herein by reference) carefully because they apply to your participation in our Customer Appreciation Program.

 

The Program is owned and operated by White Oak Home. When you agree to these Terms, White Oak Home will have the right to enforce these Terms against you. White Oak Home also collects information from users of the Program. Please refer to the White Oak Home Privacy Policy located here for information on how it collects, uses and discloses information from users of the Program.

 

By accessing or using the Program or participating in our Customer Appreciation Program, you agree to be bound by these Terms. Certain Opportunities (defined below) part of our Customer Appreciation Program may be governed by additional terms and conditions which are incorporated herein by reference. If there is a conflict between these Terms and the terms and conditions for a particular Opportunity, these Terms will apply.

 

Eligibility

 

In order to participate in our Customer Appreciation Program, you must:

  • Be an individual person at least 18 years of age;

  • Possess the authority and capacity to create a binding legal obligation in your state and/or country of residence;

  • Possess, maintain and supply a valid email address; and

  • Not be a person barred from participating in the Customer Appreciation Program under the laws of the United States or other applicable jurisdiction. The Customer Appreciation Program is VOID WHERE PROHIBITED.

 

Creating an Account

 

In order to participate in our Customer Appreciation Program, you will have to create an account. You may only create one account and it is non-transferable. When you create an account, you agree to provide accurate, current and complete information about yourself. You are responsible for safeguarding your account and are responsible for activities that occur under your account.

 

Participating in our Customer Appreciation Program

 

Our Customer Appreciation Program provides a personalized reward experience for consumers and includes Customer Appreciation rewards and offers, discounts, experiences, targeted promotions and general information (collectively, "Opportunities") via email, mobile device notifications and other channels. We will try to deliver you the most relevant Opportunities to you.

 

To participate in our Customer Appreciation Program, you must (1) provide your first and last name, a valid email address, phone number and mailing address, and (2) make eligible purchases (as described in the "Important Notes About Purchases" section below).

Making Qualifying Purchases will help you progress towards earning rewards from us ("Reward Progress") and reaching the designated threshold (a "Reward Threshold"). When you reach a Reward Threshold, you will have access to the rewards that we offer which can be redeemed within the dates specified.

 

Important Notes About Purchases

 

By registering for our Customer Appreciation Program you agree that White Oak Home may examine your purchases (including returns) on your account to identify Qualifying Purchases, determine your Rewards Progress and when you have reached a Rewards Threshold, provide you with Rewards and notify you about the status of your Qualifying Purchases, Rewards Progress, Rewards Thresholds and Rewards.

Not all transactions are eligible as a Qualifying Purchase, for example Final Sale items, discounted items, transactions processed through our mobile app or online store and any other purchases may be deemed ineligible at White Oak Home’s discretion.

 

Our Customer Appreciation Program may offer additional Opportunities to you, based on your account settings and account history.

Reward Progress is not redeemable for cash or any other item of value. Reward Progress cannot be assigned or transferred to another account. Your Reward Progress may be forfeited if you violate these Terms or any additional terms or conditions applicable to Rewards Progress for a specific Opportunity (e.g. if a Qualifying Purchase(s) must occur within in certain timeframe). Any such terms will be communicated with the Opportunity, as applicable.

 

Your Reward Progress can be reversed if any of the items you purchased in connection with a Qualifying Transaction are subsequently returned. We may also, at our discretion, delay any Reward Progress in order to validate or verify a Qualifying Transaction. Any attempt to earn Reward Progress through the return of merchandise in connection with a Qualifying Transaction will be considered possible grounds for termination of your account.

 

You acknowledge that:

  • The redemption of your Rewards (including the granting of any Reward Progress) is subject to your compliance with these Terms (including any terms and conditions provided with an Opportunity);

  • We reserve the right to delay, withhold or invalidate accrual or redemption of Rewards in the event of technical errors, potential fraudulent activity, or similar issues. Specifically, we can invalidate Rewards from your account with notice if we determine in our sole discretion that such Rewards were improperly credited to your account;

  • Your use of the Program and your activities in connection with the Program must be lawful and in compliance with these Terms and you may not in any way inhibit any other user from using the Program or participating in our Customer Appreciation Program;

  • Neither White Oak Home nor our Program providers are responsible or liable for any unredeemed, unused or lost Rewards or Opportunities;

  • Rewards do not constitute property, do not entitle you to a vested right or interest and have no cash value. Therefore, Rewards are not redeemable for cash, transferable, salable or assignable for any reason. No cash will be exchanged for the unused portion of any member's Rewards; and

  • You are solely responsible for your participation in the Customer Appreciation Program, your use of your Rewards and Opportunities

 

Your only remedy for a failure of a Reward or Opportunity is to redeem that Reward or Opportunity at a later time and/or to contact us at info@wohshop.com with any questions. You acknowledge and agree that our Program providers are not a party to any disputes regarding your Customer Appreciation Program.

 

You hereby release us, our affiliates, and our officers, directors, employees, agents, successors, assigns, and Program providers from any and all claims, demands, liabilities, losses and damages of every kind and nature arising out of or in any way connected with such disputes or your use of the Programs. In addition, you expressly waive the provisions of California Civil Code §1542, which says:

 

"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor."

 

In short, this means that you release us and other entities involved in providing Programs to us from any and all claims you may have arising out of disputes you may have with us or as a result of your use of the Programs.

 

Alerts and Notifications

As part of the Programs we provide, you may receive emails, text notifications, phone calls, or other types of messages. You have control over the messages settings and can opt in or out of these messages by contacting info@wohshop.com (with the possible exception of infrequent, important Program announcements and administrative messages). Please be aware that participation in the Program is contingent on an active email address and subscription to Program emails. If a user unsubscribes from Program emails, the user is terminating their participation in the Program and forfeiting Reward Progress and any outstanding Rewards. A third party messaging fees may occur for some of the messages depending on the message plan you have with your wireless carrier.

 

Unauthorized Activities

The following activities are prohibited and constitute a violation of these Terms:

  • Providing fraudulent or false information;

  • Accessing the personal information of third parties;

  • Tampering with security we implement to protect the Program;

  • Soliciting users for commercial purposes or otherwise or using information made available via the Program for commercial purposes;

  • Reselling Opportunities;

  • Attempting to use Opportunities more than once; and

  • Intentionally overwhelming our servers or those of our Program providers with excessive demand;

 

Termination, Account Cancellation or Suspension

You may cancel your account at any time by unsubscribing from Program emails or by sending an email to info@wohshop.com.

Our Customer Appreciation Program will continue until terminated at our sole discretion. We may terminate or suspend the Customer Appreciation Program as well as your access to and use of the Program and your account, at our sole discretion, at any time for any reason. Reasons for such a termination or suspension include without limitation (1) you have violated or breached any provision of these Terms (or have acted in a manner which shows that you do not intend to, or are unable to comply with the provisions of these Terms), (2) we believe it is required to do so by law (for example, where the provision of the Program or Customer Appreciation Program to you is, or becomes, unlawful); or (3) we provide notice to you. If your account is terminated by us, you may not later re-enroll in the Program.

 

Cancelled accounts (whether by you or us), you will no longer be able to access your account and you will lose all of your accumulated Rewards and Reward Progress and you understand and acknowledge that we will have no further obligation to provide the Program to you or access to any of your account information. We will not be liable to you or to any third party for the suspension or termination of the Customer Appreciation Program, or your account or your access or use of the Program. Upon any termination, discontinuation or cancellation of the Customer Appreciation Program, your access to and use of the Program and your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

 

Ownership

The Program is protected by copyright, trademark, and other laws of the United States and foreign countries. White Oak Home and its licensors exclusively own all right, title and interest in and to the Program, including all associated intellectual property rights. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Program, except as expressly permitted in these Terms. Any feedback, comments and suggestions you may provide for improvements to the Program or Customer Appreciation Program ("Feedback") is given entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation and we and our Program providers will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

 

Links to Third-Party Web Sites

 

The Program may contain links to other third party sites or resources. These links are provided as a convenience to you but not as an endorsement of the companies or the contents of these sites or their products and Programs. We are not responsible for the content of such sites or resources. If you decide to access any of the third-party web sites linked to the Program, you do this entirely at your own risk.

 

Indemnification

You agree to indemnify, defend and hold White Oak Home, its affiliated companies, its Program providers and their respective officers, directors, employees, agents, successors and assigns harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys' fees, resulting from (1) an violation or breach of these Terms by you, (2) any activity related to access to of use of your account by you or any other person accessing or using your account, or (3) any activity related to your redemption of Rewards or Opportunities and participation in the Customer Appreciation Program.

 

Disclaimer

THE PROGRAM AND CUSTOMER APPRECIATION PROGRAM ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHITE OAK HOME AND ITS PROGRAM PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CUSTOMER APPRECIATION PROGRAM OR THE USE OR QUALITY OF THE PROGRAM WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR PROGRAM PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, LOSS OF DATA, FAILURE OF DELIVERY OF GOODS, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN THE CUSTOMER APPRECIATION PROGRAM OR THE USE OF OR INABILITY TO USE THE PROGRAM EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PROGRAM AND IN NO EVENT WILL IT EXCEED $1.00.

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

General

These Terms are governed by the laws of the State of California, excluding its conflicts of laws principles. Any claim or dispute between us arising out of the Customer Appreciation Program or Program will be decided exclusively in the federal and/or state courts for Santa Clara County, California. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms (including any additional terms and conditions provided with an Opportunity) constitute the entire agreement between us regarding the Customer Appreciation Program and the Program, and supersede and replace any prior agreements we might have between us regarding the Customer Appreciation Program and Program. We may revise these Terms from time to time in our sole discretion. If we do so, we'll let you know either by posting the modified Terms via the Program, or through other communications. By continuing to access or use the Program or to participate in the Customer Appreciation Program after those revisions become effective, you agree to be bound by the revised terms.

 

Questions

 

If you have any questions about these Terms, please contact us at info@wohshop.com

Effective: July 8, 2019

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