1. Terms and Definitions
Affiliate Stores: The businesses that participate in the ShopAtHome.com program by compensating ShopAtHome.com on a transactional basis.
Cash Back Rewards: Credits made to Members’ accounts via purchases at Affiliate Stores that result from any interaction with a ShopAtHome.com Product. This definition encompasses both Qualified Cash Back Rewards and Non-Qualified Cash Back Rewards, but does not include Promotional Rewards.
Coupons: Coupons, deals, discounts, special offers, promotional codes, or sales offered by Affiliate Stores or other Merchants.
Dormant Account: A Member's account that has not been credited with a valid Qualified Purchase during any rolling twelve consecutive calendar month period.
Member: Anyone who complies with ShopAtHome.com's member obligations set forth in Section 5 below and sets up a membership account with ShopAtHome.com.
Merchant: A business featured on the Site. Not all Merchants are Affiliate Stores.
Non-Qualified Cash Back Rewards: A Cash Back Reward generated by a purchase that is a Non-Qualified Purchase. Note that the terms associated with Non-Qualified Cash Back Rewards may differ from the terms associated with Qualified Cash Back Rewards. In particular, Non-Qualified Cash Back Rewards may be reversed from a Member’s account at ShopAtHome.com’s sole discretion if the Member does not complete a Qualified Purchase within a future-specified time frame, not to be shorter than 60 days, after the date the Non-Qualified Cash Back Rewards are applied to the Member account.
Non-Qualified Purchase: A purchase that generates Non-Qualified Cash Back Rewards, and which does not involve either an Outclick or a Savings Button Engagement.
Outclick:An affirmative action taken by a Member that routes the Member to the website of an Affiliate Store from a Product, which includes without limitation, an interactive feature within the ShopAtHome.com, website, a link within an email from ShopAtHome.com, or an interactive feature within the ShopAtHome.com mobile app.
Payments: Payment made to a Member by ShopAtHome.com for Rewards. Please consult the FAQs for current options payment options.
Product(s): This refers collectively to one or all of the ShopAtHome.com properties with which a Member can interact, access an Affiliate Store via an Outclick, or that tracks the Members purchases at an Affiliate Store. This includes without limitation the website ShopAtHome.com, ShopAtHome.com email, the Savings Button, smartphone and tablet apps from ShopAtHome.com, and any other online services offered by ShopAtHome.com.
Qualified Cash Back Rewards: A Cash Back Reward generated by a purchase that is a Qualified Purchase. The terms associated with Qualified Cash Back Rewards may differ from the terms associated with Non-Qualified Cash Back Rewards.
Qualified Cash Back Rewards Minimum Amount: The minimum balance in a Member's account from Qualified Cash Back Rewards that is required for Member to acquire a conditional right to obtain a Payment for the balance in the Member’s account. The current Qualified Cash Back Rewards Minimum Amount is $20.00. Merchandise returns, cancellations, other adjustments, or prior Qualified Cash Back Rewards Payments made to the Member will be deducted from the Qualified Cash Back Rewards in the Member's account. A Member has no right to a Payment until: (1) the Qualified Cash Back Rewards in the Member's account have reached the Qualified Cash Back Rewards Minimum Amount; and (2) that Member has complied with the requirement to verify his or her information, such as email and postal address, with sufficient time for ShopAtHome.com to update the information (generally around the 20th of the month, but subject to change) prior to the date on which ShopAtHome.com processes Payments.
Qualified Purchases: A Qualified Purchase is a purchase that a Member makes at an Affiliate Store’s website resulting from: (a) an Outclick from the ShopAtHome.com website; (b) an Outclick from an e-mail delivered by ShopAtHome.com; (c) connecting to the Affiliate Store through the ShopAtHome.com smartphone or tablet application; or (d) a Savings Button Engagement. PLEASE NOTE: Any purchases that do not involve an Outclick or a Savings Button Engagement are considered Non-Qualified Purchases, and any resulting Cash Back Rewards are Non-Qualified Cash Back Rewards.
The Qualified Purchase amount is calculated by the Affiliate Store after all discounts, and does not include taxes, shipping charges, or other fees. The Qualified Purchase amount may also be net of store rewards, discounts, and amounts applied to purchase from gift cards. In some cases, Affiliate Stores limit Qualified Purchases to particular items.
The following are some reasons why a purchase may not become a Qualified Purchase. Our FAQs for cash back provide some other useful answers.
- You visit an Affiliate Store site without clicking through ShopAtHome.com, a ShopAtHome.com email, or without activating cash back from the ShopAtHome.com Savings Button. This could include clicking through a search engine, blog, or any other site with a link to the Store.
- Your click from ShopAtHome.com was not the last click to the Store’s site before you made your purchase.
- You type a new web site address (URL) in the window opened after clicking through ShopAtHome.com.
- You allow too much time to lapse between clicking to the Store’s site and finalizing your purchase. Waiting more than an hour may disqualify your purchase.
- You contacted the Store to change your order (e.g., order cancellation, order exchange, billing changes, size, color or quantity changes).
- You applied a coupon or discount (including vouchers from Groupon, LivingSocial, Google Offers etc.) to your purchase that you did not get from ShopAtHome.com or the Coupon you clicked on was not associated with a cash back offer. Where you get the coupon or discount is considered the source of the referral, even when you click through ShopAtHome.com.
- Your purchase did not meet the Cash Back Terms (listed on the Store’s page on ShopAtHome.com).
- The purchase did not involve an Outclick or a Savings Button Engagement.
- The purchase was not tracked and/or credited to ShopAtHome.com by the Store.
- ShopAtHome did not offer a Cash Back Reward for that Store on the date of purchase.
Rewards: Collectively, credits that are added to a Member’s account from Cash Back Rewards (both Qualified Cash Back Rewards and Non-Qualified Cash Back Rewards) and Promotional Rewards.Savings Button: The downloadable browser extension (or, in some browsers, an “add-on”) or other similar tool included in downloadable software (including configuration and data files) that provides Members with access to Coupons, discounts, special deals, and/or Cash Back Rewards based on a search conducted by the Member, or that are offered based upon sites the Member visits or searches the Member conducts in Member’s browser where the Savings Button is installed and is enabled. The Savings Button tool helps Members accrue Rewards by tracking the Member’s purchases on the sites of Affiliate Stores that offer Cash Back Rewards through ShopAtHome.com.
Savings Button Engagement: Clicking on an interactive feature of the Savings Button when a Member visits the website of an Affiliate Store. Interactive features include without limitation a “slider” that appears when a Member visits an Affiliate Store, a selection within the Savings Button menu, or a Coupon code that is delivered when the Member is in the Affiliate Store’s shopping cart.
Promotional Rewards: This refers collectively to rewards offered by ShopAtHome.com to Members other than Cash Back Rewards. Examples include without limitation, referral bonuses, sign up bonuses, and limited-time offers like “extra cash back” on select Affiliate Stores. Promotional Rewards may be subject to additional terms and conditions and may be reversed from a Member’s account at ShopAtHome.com’s sole discretion if the Member does not complete a Qualified Purchase within a designated period of time, not to be shorter than 60 days, after the date the Promotional Reward is applied to the Member account. Promotional Rewards do not count toward the Qualified Cash Back Rewards Minimum Amount.
User: Anyone who uses the Products without becoming a Member. All Users, as well as Members, are subject to these Terms and Conditions.
2. Provisions of the ShopAtHome.com Program
a. Cash Back Rewards, Qualified Purchases, and Payments. Cash Back Rewards are awarded for Qualified Purchases and Non-Qualified Purchases, and are subject to these Terms and Conditions. The amount of Cash Back Rewards may vary depending on the action taken or Product through which you make the purchase. It is the Member's responsibility to check the cash back terms displayed in the Product for each purchase. Alterations to Cash Back Rewards and related terms may be made at any time, in the sole discretion of ShopAtHome.com. Determination of whether a purchase made at an Affiliate Store is a Qualified Purchase is at the sole and absolute discretion of ShopAtHome.com. Members will not receive Cash Back Rewards, or Cash Back Rewards that appear in a Member’s account may be reversed, for a purchase that may initially qualify as a Qualified Purchase but then ceases to be a Qualified Purchase. ShopAtHome.com reserves the right to make adjustments for returns, system errors and cancellations. You must have cookies enabled on your web browser to participate in the Cash Back Rewards program. ShopAtHome.com is not responsible for tracking problems resulting from incorrect usage of the Products, from disabling cookies, or from any other failure of tracking mechanisms software. ShopAtHome.com is not responsible for any errors in advertisements or Coupons.
Subject to compliance with these Terms and Conditions, on the next scheduled payment date that is approximately 60 days after the end of a calendar month in which a Member's account reaches the Qualified Cash Back Rewards Minimum Amount, a Payment will be made to the Member. You must have accrued the Qualified Cash Back Rewards Minimum Amount in your account, as defined in Section 1, for a Payment to be issued. If you have less than the Qualified Cash Back Rewards Minimum Amount in your account, all Rewards in your account will roll over to the next scheduled payment period, subject to the Dormant Account provisions.
Payments are generally sent on or around the first day of each month. Notwithstanding the foregoing, ShopAtHome.com reserves the right, in its sole discretion, to expedite or delay Payments to a date that is convenient to ShopAtHome.com, such date not to exceed six (6) months after Member’s account is eligible for payment as described herein.
All Payments are denominated in U.S. dollars. By default, Payment is made in the form of a Cash Back check. If available at the time of Payment, a Member may choose that Payments be made via a gift card for Amazon.com or a deposit into a Members PayPal account. Other options for Payment of Rewards may be made available to Members in ShopAtHome.com’s sole discretion. Members can change their Payment method by logging into their account and navigating to the “My Account” section on shopathome.com, and selecting an alternative payment method (if available).
b. Verification Necessary to Receive a Payment. Prior to becoming eligible to receive your first Payment for Rewards, you will need to provide your U.S. or Canadian postal address and verify your email address. You may do this on shopathome.com by entering your address and clicking to verify your email address in the My Account > My Settings section. If you fail to provide your postal address and verify your email address on ShopAtHome.com prior to the date the Payments are processed, your Payment will automatically roll over to the next scheduled payment period, subject to the Dormant Account provisions.
Rewards in your account are of no value until a Payment is actually issued to you as set forth in these Terms and Conditions and properly cashed or redeemed by you. For Cash Back Rewards, these Terms and Conditions require that you have the Qualified Cash Back Rewards Minimum Amount in your account AND that you have both a current U.S. or Canadian postal address and a current, verified email address for your account prior to the date for the processing a Reward Payment. Any account that currently has a Qualified Cash Back Rewards balance of less than the Qualified Cash Back Rewards Minimum Amount, regardless of whether that account may have previously had a higher balance, has no value as of that time.
Payments made via an Amazon Gift Card will be sent via email to the email address associated with your ShopAtHome.com account. Except as required by law, Amazon.com Gift Cards ("GCs") cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods on Amazon.com or certain of its affiliated websites. Purchases are deducted from the GC balance. To redeem or view a GC balance, visit "Your Account" on Amazon.com. Amazon and ShopAtHome.com are not responsible if a GC is lost, stolen, destroyed or used without permission. For complete terms and conditions, see www.amazon.com/gc-legal. GCs are issued by ACI Gift Cards, Inc., a Washington corporation. All Amazon ®, ™ & © are IP of Amazon.com, Inc. or its affiliates. No expiration date or service fees. Amazon GCs that are received from ShopAtHome.com are not reloadable. Unused GC balances cannot be exchanged for alternate payment by ShopAtHome.com.
Although subject to change, Payments made via PayPal will be sent by PayPal from [email protected] to the email address associated with your ShopAtHome.com account within 7 days of the date on which Payments are processed by ShopAtHome.com. A Member must already have or create a PayPal account to receive Payments via PayPal. If PayPal account information is inaccurate, or no PayPal account is created within 30 days of the date on which Payments are processed by ShopAtHome.com, the Payment may not be available to the Member. ShopAtHome.com is not responsible if payments made to your PayPal account are stolen. For assistance with your PayPal account, or for complete terms and conditions linked to your PayPal account, see www.paypal.com/us/selfhelp/home
All Payments issued by ShopAtHome.com are final. You are responsible for adding ShopAtHome.com to your email service provider's safe sender list. ShopAtHome.com is not responsible for a Member's failure to receive an email from ShopAtHome.com, or for Member’s failure to receive Payment due to failure to receive emails.
Please see our Cash Back FAQs for more information on Payments.
If your account becomes a Dormant Account, ShopAtHome.com will deactivate it and you will no longer have access to the account or Rewards accrued prior to the deactivation.
c. Dormant Account Balance Reductions. We consider an account to be dormant if there have been no Qualified Purchases for 12 consecutive months. It costs us money to maintain the Dormant Accounts. For this reason, we deactivate Dormant Accounts.
We value our Members, and encourage them to use their accounts. Within one year of deactivation of a Dormant Account, you may request reactivation of your account by contacting [email protected] and providing the email and physical address associated with your deactivated account. Upon validation of the information provided, ShopAtHome.com may, at its discretion reactivate the account and restore the Rewards balance that was available as of the date the account became a Dormant Account. If your account did not have a validated email and postal address prior to deactivation, which are required to receive a Payment, we will not be able to reactivate your account.
d. Promotional Reward and Non-Qualified Cash Back Rewards Reversals and Activations. Unless otherwise stated in the promotion, Promotional Rewards and/or Non-Qualified Cash Back Rewards may be reversed if a Qualified Purchase is not made within 60 days of the date the Promotional Reward or Non-Qualified Cash Back Rewards are awarded. In some cases, Promotional Rewards may not be applied to a Member’s account until a specific condition is met, such as a Qualified Purchase within 60 days of taking the action required to initiate a Promotional Reward. Activation or reversal of a Promotional Reward is at the sole discretion of ShopeAtHome.com.
e. Account Adjustments. Cash Back Rewards and Site Rewards accrued to your account are subject to adjustment due to, among other things, Affiliated Store adjustments to ShopAtHome.com’s commissions for cancellations, returns, errors and other events. ShopAtHome.com may make such adjustments to Member accounts at any time at its sole discretion. In the event you disagree with any adjustment made to your account, you are required to let us know by email or via our Customer Service page within thirty (30) days after the disputed adjustment has been posted to the Cash Back Rewards or Promotional Rewards section of your account. After thirty (30) days, your sole recourse is to terminate your account with ShopAtHome.com.f. Missing Transaction Credits. When Qualified or Non-Qualified Purchases are credited to ShopAtHome.com, our systems automatically apply the Cash Back Rewards to the Member’s account. If a Member has made a purchase, but cash back has not been credited, it means that ShopAtHome.com has not received credit from the Affiliate Store. As a courtesy to our Members when they bring such a situation to our attention, we attempt to research with the Affiliate Store as to why that purchase did not result in a credit to ShopAtHome.com. In such instances, sometimes the Affiliate Store makes an adjustment. When the Affiliate Store makes an adjustment and credits ShopAtHome.com for the order, ShopAtHome.com will credit the Member’s account with the Cash Back Rewards. Members who believe Cash Back Rewards are missing from their account at least seven (7) days after the date of the purchase must contact ShopAtHome.com by submitting a Missing Cash Back form within thirty (30) days of the original purchase date. We may ask you to provide a receipt so that we can research the transaction. ShopAtHome.com is not responsible for missing transaction(s) if you have failed to contact us within thirty (30) days of the original purchase date. (EXCEPTION: Travel purchases, other than airline only purchases, are not credited until after travel is complete. Therefore, please notify us if you do not see a credit to your account within sixty (60) days of your travel completion date.) While most missing rebate inquiries can be resolved within 30 days of the date the Missing Cash Back Form is received, inquiries that require additional research with the Affiliate Store can take longer. ShopAtHome.com will contact you by email once we have a resolution to your missing cash back.
ShopAtHome.com may limit or refuse service to high-volume Member accounts used for the purpose of bulk purchasing and/or reselling activity, including missing cash back requests. While we do not, at this time, specifically prohibit bulk purchasing or reseller large purchases, we do where possible restrict purchases by Members who have proven to be, or appear to be, purchasing for resale. Purchasing for resale is activity (unless prohibited by an many Affiliate Stores), and we do reserve the right to limit our services to these Users to remain in compliance with all of our merchant agreements and ensure we are able to provide timely service to all of our valued Members.
g. Other Reward Programs. ShopAtHome.com may offer Rewards based on various promotional programs. Such additional Rewards are given to Members in ShopAtHome.com's sole discretion, and may be subject to additional terms and conditions.
3. User Content
We allow Members to post comments, coupons, store reviews, or other content in certain areas of our Products. Any content posted on our Products, including any files attached to posts, expresses only the views of the author of the message and does not necessarily reflect the views of ShopAtHome.com or any person or entity associated with it. You agree that neither ShopAtHome.com, nor any person or entity associated with it, will be held responsible for the contents, accuracy, completeness or validity of any information posted on our Products. You agree that you will not use our Products to post any material, links to any material or files that are or contain material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy or otherwise violate any applicable law, rules, regulations or ShopAtHome.com policies.
We reserve the right in our absolute discretion to terminate the accounts of Members who infringe copyright or any other intellectual property right or otherwise violate these Terms and Conditions. You agree that: (a) you will not post or otherwise transmit any material that is copyrighted or subject to a third party's intellectual property rights without the express permission of the holder of such rights, unless such rights are owned by you; (b) you will not collect or store personal data about other Members; (c) you will not use the Products for any commercial purpose not expressly approved by ShopAtHome.com in writing; (d) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; and (e) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
You agree to indemnify and hold ShopAtHome.com, its parents, affiliates, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms and Conditions or any violations thereof by your dependents, or which arises from the use of content that you submitted, posted, or otherwise provided to ShopAtHome.com or its Products.
You hereby grant ShopAtHome.com a perpetual, world-wide, royalty-free license to distribute, copy, adapt, reproduce, transmit, create derivate works and otherwise use content and information you post on the Products for any purpose and in any media now known or hereinafter developed. You expressly agree that ShopAtHome.com is free to use any ideas, concepts, know-how, or techniques contained in any posting or communication you send to us without compensation and for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such information. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Products and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. ShopAtHome.com may cancel your account and delete any content or other information associated with your account at any time, and without notice, if ShopAtHome.com deems that you have violated these Terms and Conditions, the law, or for any other reason. ShopAtHome.com assumes no liability for any information removed from our Products, and reserves the right to permanently restrict access to the Products or a Member account.
4. ShopAtHome.com's Savings Button
ShopAtHome.com offers a Savings Button. It is designed to help you take advantage of ShopAtHome.com's Cash Back Rewards and Coupons. Please see our End User License Agreement
(which terms and conditions are incorporated into these Terms and Conditions) for more information, and https://www.shopathome.com/savings-button
to install this valuable shopping aid.
Please note that there are distinct versions of the Savings Button based on the browser that you use (Chrome, Internet Explorer, Firefox, Safari
and others). Specific features, download processes, and uninstall processes may differ among these browser versions.
If you decide at any time that you wish to remove the Savings Button from your computer, please see the removal instructions at https://www.shopathome.com/savings-button-uninstall-info
. Please note that the Savings Button version for Internet Explorer provides the option to disable the Savings Button as well as the option to uninstall the Savings Button. If you chose to disable the Savings Button in the Internet Explorer version, it will continue to track your activity. You must uninstall this version to stop all tracking by the Savings Button. For all other browsers, there is only the option to uninstall the Savings Button, which does stop all tracking activity.
c. United States or Canada Resident. You must be a legal resident of and maintain a physical residential address in the United States or Canada to have a Member account with ShopAtHome.com or otherwise participate in the ShopAtHome.com program.
5. Member Obligations
a. Compliance with Member Terms and Conditions. Membership with ShopAtHome.com is subject to these Terms and Conditions. ShopAtHome.com reserves the right to terminate your membership for failure to comply with these Terms and Conditions, any fraud or abuse relating to the accrual of Rewards, misrepresentation of any information provided to ShopAtHome.com or its Affiliate Stores, violating the terms and conditions of any Affiliate Store, or any other reason deemed appropriate in ShopAtHome.com's sole and exclusive discretion. In addition to any other provisions of the Terms and Conditions, if your membership is terminated by ShopAtHome.com, ShopAtHome.com may refuse to pay some or all of the Rewards credited to your account if such Rewards appear to have been earned in violation or after a violation of the Terms and Conditions, Affiliate Store terms and conditions, or appear to have been otherwise improperly obtained. Should your account be terminated by ShopAtHome.com, you are prohibited from re-enrolling under a new account unless expressly invited to do so by ShopAtHome.com.
b. Must be 18 Years of Age. You must be 18 years of age or older to have a Member account with ShopAtHome.com or otherwise participate in the ShopAtHome.com program.
d. Acceptable Use. You may maintain only a single Member account in the program at any given time. Any duplicate accounts are subject to cancellation and the loss of Rewards or any other credits from all accounts.
Members and Users may not, and may not induce any third party to, use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Products or information displayed within the Products. Further, Members and Users may not, and may not induce any third party to, tamper, hack, spoof, modify, copy, reproduce, create derivative works, republish, post, transmit, or distribute content from the Products without the prior written approval of ShopAtHome.com. No machines, scripts or automated services may be used with the Products or a Member account, nor will any attempt to introduce malicious or disabling code or otherwise corrupt the administration, security or proper function of any part of ShopAtHome.com be permitted. Violation of this section will result in termination of membership, loss of Rewards and any other credits, will bar you from future participation with ShopAtHome.com, and may result in legal action.
The use of any trademarks on ShopAtHome.com, including but not limited to those belonging to Affiliate Stores, is prohibited without express written permission from ShopAtHome.com and/or the owner of any such trademark. Content on the Products that is provided by ShopAtHome.com or its Affiliates or other third parties, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Company Content") is the property of ShopAtHome.com or its Affiliates or other third parties, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Company Content located on the Products for use in any publications, in public performances, on websites other than the Products for any other commercial purpose, in connection with products or services that are not those of ShopAtHome.com, in any other manner that is likely to cause confusion among consumers, that disparages or discredits ShopAtHome.com and/or its Affiliates or other third parties, that dilutes the strength of ShopAtHome.com's, its Affiliates’ or third parties’ property, or that otherwise infringes ShopAtHome.com's, its Affiliates’ or third parties’ intellectual property rights. You further agree to in no other way misuse any Company Content that appears on the Products.
Members may not purchase products through Affiliate Stores in bulk or for the purpose of resale. Neither ShopAtHome.com nor many Affiliate Stores permit bulk purchases or purchases intended for resale; and ShopAtHome.com reserves the right to deactivate and terminate any Member account, including the removal of all accrued Rewards, if ShopAtHome.com determines that any Member may be violating the reseller terms of ShopAtHome.com or any Affiliated Store, such determination being at the sole discretion of ShopAtHome.com.
e. Update Contact Information. You agree to provide ShopAtHome.com with accurate contact information and keep it updated to facilitate Payments or any Rewards. Prior to becoming eligible to receive a Payment, you will need to provide and/or verify your contact information in accordance with these Terms and Conditions.
f. Protecting Your Password. Your password and account are personal to you and are non-transferable. You may not allow anyone else to use your password or account. ShopAtHome.com is entitled to act on instructions received under your password and shall not be liable for losses that are incurred through the use of your password by a third party regardless of the method in which such third party acquired your password. Rewards or any other credits acquired under the program cannot be assigned or transferred to a third party.
g. Potential Tax Obligations. You may be taxed on any Payment or any Rewards depending on the amount you receive and the tax laws of your federal, state and local jurisdictions. You will be responsible for any and all tax liabilities arising out of your receipt of Payment or any other credits.
h. Cancellation of Your Membership. ShopAtHome.com may deactivate your account, cancel your membership, and remove all Rewards, if your account becomes a Dormant Account. You may cancel your membership at any time by contacting Customer Service. If you decide to cancel your membership you will forfeit all accumulated Rewards, and any other credits that have not yet been paid to you or otherwise redeemed. If you choose to re-enroll at a later date, you will be assigned a new account with a starting balance of $0.
ShopAtHome.com reserves the right to immediately change or terminate the ShopAtHome.com program at any time with notice. If we make a material change to the Terms and Conditions, we will send Members an e-mail notifying them of the material change, and/or post a notice on one or more of the Products for at least thirty (30) days indicating such changes. If the Qualified Cash Back Rewards in your Member account meets the Qualified Cash Back Rewards Minimum Amount, and you have provided your postal address and verified your email address no later than 30 days following the notice of termination of the program, ShopAtHome.com will send you a Payment for your account balance. If you do not meet the Qualified Cash Back Rewards Minimum or do not provide and verify your postal and email addresses, your entire account balance will be forfeited. Notification of program termination shall be effective upon our sending such notice to the email address that ShopAtHome.com has associated with your account in “My Account Settings.”
a. Promotional Messages/Opt-out. When you join the ShopAtHome.com program, you are given the option to agree to receive ShopAtHome.com notifications and promotional emails, e-newsletters and other email special offers. If you change your mind and do not wish to receive these emails, you may opt out at any time by updating your account information by clicking on the unsubscribe link on the email itself, or by clicking on the following sequence of options: My Account > My Settings > Email Notifications.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS, AND ANY INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE PRODUCTS, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SHOPATHOME.COM MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE PRODUCTS OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE PRODUCTS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SHOPATHOME.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE PRODUCTS IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE PRODUCTS. FURTHER, SHOPATHOME.COM MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE PRODUCTS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
SHOPATHOME.COM DOES NOT WARRANT, GUARANTEE, OR ENSURE:
- THE QUALITY OF ANY PRODUCT OR SERVICE PROVIDED BY AFFILIATE STORES OR OTHER MERCHANTS
- THAT COUPONS OR OTHER ADVERTISEMENTS APPEARING ON THE PRODUCTS WILL BE ACCEPTED BY AFFILIATE STORES OR OTHER MERCHANTS
- THAT COUPONS OR OTHER ADVERTISEMENTS WILL BE VALID, USABLE OR THAT AMOUNTS OR PRICES SHOWING ON COUPONS OR THE PRODUCTS ARE CORRECT
SHOPATHOME.COM IS NOT RESPONSIBLE FOR CHANGES TO, OR DISCONTINUANCE OF, ANY AFFILIATE STORE OR OTHER MERCHANT, OR FOR ANY EFFECT ON ACCRUAL OF CREDITS CAUSED BY SUCH CHANGES OR DISCONTINUANCE. SHOPATHOME.COM IS ALSO NOT RESPONSIBLE FOR ANY FAILURE TO RECEIVE INFORMATION FROM AN AFFILIATE STORE REGARDING A QUALIFIED PURCHASE AND IS NOT REQUIRED TO CREDIT YOUR ACCOUNT FOR QUALIFIED PURCHASE MADE BY YOU IF SHOPATHOME.COM DOES NOT RECEIVE INFORMATION REGARDING THE QUALIFIED PURCHASE. SHOPATHOME.COM IS NOT RESPONSIBLE FOR THE CONTENT OR ACCURACY OF ANY THIRD-PARTY ADVERTISING ON THE PRODUCTS, OR FOR ANYTHING THAT OCCURS IF THE MEMBER OR USER CLICKS ON SUCH ADVERTISEMENTS.
9. LIMITATION OF LIABILITYIN NO EVENT SHALL SHOPATHOME.COM OR ITS AFFILIATE STORES, OTHER MERCHANTS, SUPPLIERS, AFFILIATES, DISTRIBUTORS AND ADVERTISERS (COLLECTIVELY, THE "AFFILIATES") AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF PRODUCTS OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. SHOPATHOME.COM AND ITS AFFILIATE STORES, OTHER MERCHANTS, SUPPLIERS, AFFILIATES, DISTRIBUTORS AND ADVERTISERS (COLLECTIVELY, THE "AFFILIATES") AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LIABILITY FOR NEGLIGENCE, WILL NOT EXCEED $250.00.
CERTAIN STATE LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify and hold ShopAtHome.com, its affiliates and their respective parents, subsidiaries, officers, directors, employees, agents, and representatives harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising in any way out of: (a) your participation in the ShopAtHome.com program, (b) your use of the Savings Button or any Products, (c) any violation of the Terms and Conditions by you, (d) the violation, infringement or misappropriation by you, or another Member or User of the program using your account, of any intellectual property or other right of any person or entity, including, but not limited to, trademark, copyright, right of publicity and right of privacy, or (e) any pornographic, hate-related, threatening, libelous, obscene, harassing or otherwise objectionable or offensive material contained in any of your postings or other communications.
11. Dispute Resolutiona. Purpose. If you have a Dispute (as defined below) with ShopAtHome.com that cannot be resolved through an informal dispute resolution with ShopAtHome.com, you or ShopAtHome.com may elect to arbitrate that Dispute in accordance with the terms of this Dispute resolution provision rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury.
b. Definitions. The term “Dispute” means any dispute, claim, or controversy between you and ShopAtHome.com regarding any aspect of your relationship with ShopAtHome.com, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Dispute Resolution provision (with the exception of the enforceability of the class action waiver clause provided in this paragraph). "Dispute" is to be given the broadest possible meaning that will be enforced. As used in this Dispute Resolution provision, "ShopAtHome.com" means ShopAtHome.com, LLC., d/b/a ShopAtHome.com and its parents, subsidiaries and affiliated companies and each of their respective owners, officers, directors, employees and agents.
c. Right to Opt Out of Arbitration. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY SHOPATHOME.COM IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST ACCEPT THIS AGREEMENT BY VISITING http://www.shopathome.com/help/contact, OR BY MAIL TO SHOPATHOME.COM, 5575 DTC PARKWAY, SUITE 300 (ATTN: LEGAL DEPARTMENT), GREENWOOD VILLAGE, CO 80111. YOUR WRITTEN NOTIFICATION TO SHOPATHOME.COM MUST INCLUDE YOUR NAME AND ADDRESS AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH SHOPATHOME.COM THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH SHOPATHOME.COM OR THE DELIVERY OF SERVICES TO YOU BY SHOPATHOME.COM. IF YOU HAVE PREVIOUSLY NOTIFIED SHOPATHOME.COM OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
d. Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or ShopAtHome.com resolve your Dispute through arbitration pursuant to this Dispute resolution provision, the party initiating the arbitration proceeding may initiate the arbitration proceeding with American Arbitration Association ("AAA"), 335 Madison Ave., Floor 10, New York, NY 10017-4605, 1-800-778-7879, www.adr.org under the Commercial Arbitration Rules of the AAA.
e. Arbitration Procedures. Because the Service(s) provided to you by ShopAtHome.com concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the service from ShopAtHome.com may apply to and govern the substance of any Disputes. Any state statutes pertaining to arbitration shall not be applicable under this Dispute resolution provision.
If there is a conflict between this Dispute resolution provision and the rules of the arbitration organization chosen, this Dispute resolution provision shall govern. If the arbitration organization selected will not enforce this Dispute resolution provision as written, it cannot serve as the arbitration organization to resolve your dispute with ShopAtHome.com. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Dispute resolution provision as written. If there is a conflict between this Dispute resolution provision and the rest of the Terms and Conditions, this Dispute resolution provision shall govern.
A single arbitrator will resolve the Dispute. Participating in arbitration may result in limited discovery depending on the rules of the arbitration organization that is chosen to resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
If an award granted by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
YOU MUST FILE A CLAIM WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED UNLESS THE STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE.
g. Location of Arbitration. The arbitration will take place in Denver, Colorado.
h. Payment of Arbitration Fees and Costs. SHOPATHOME.COM WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR'S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN SHOPATHOME.COM'S FAVOR, YOU SHALL REIMBURSE SHOPATHOME.COM FOR THE FEES AND COSTS ADVANCED ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE SHOPATHOME.COM FOR ANY OF THE FEES AND COSTS ADVANCED BY SHOPATHOME.COM. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS' FEES AND COSTS INCURRED IN THAT APPEAL.NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, SHOPATHOME.COM WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.
i. Severability. If any clause within this Dispute resolution provision (other than the class action waiver clause identified above) is found to be illegal or unenforceable, that clause will be severed from this Dispute resolution provision, and the remainder of this Dispute resolution provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Dispute resolution provision will be unenforceable, and the dispute will be decided by a court.
In the event this entire Dispute resolution provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Dispute resolution provision, you and ShopAtHome.com have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
j. Exclusions from Arbitration. YOU AND SHOPATHOME.COM AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY CLAIM FILED BY YOU OR BY SHOPATHOME.COM THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER CUSTOMER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS; (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY'S INTELLECTUAL PROPERTY RIGHTS; AND (3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF A SERVICE.
k. Continuation. This Dispute resolution provision shall survive the termination of your customer relationship with ShopAtHome.com.