Club O Rewards Program Terms and Conditions

CLUB O REWARDS PROGRAM TERMS AND CONDITIONS

These Club O Rewards Program Terms and Conditions (“Terms”) govern your participation in Overstock's™ Club O Rewards Program (the “Program”). The Program benefits are issued and administered by Overstock.com, Inc. (“Overstock™”, “we”, “us” and “our”). Club O Rewards not used as specified herein will expire. By enrolling in the Program, you agree to comply with these Terms. These Terms are subject to Overstock's™ Site User Terms and Conditions and Privacy Policy, which are incorporated herein.

If you were issued a Club O Rewards MasterCard and you were not already enrolled in the Program as a Club O member (a “Member” or “Membership”, as applicable), you enrolled yourself in the Program with a Club O Membership at the time you applied for the Club O Rewards MasterCard. The fee normally charged for a Club O Membership will be waived for the first year and on each successive yearly anniversary date of when you obtained your Club O Membership, provided your Club O Rewards MasterCard remains open. Your Club O Membership will automatically renew for successive one year terms on the yearly anniversary date of when you obtained your Club O Membership.

If you are already a Member of the Program when you are issued your Club O Rewards MasterCard, no Club O Membership fee will be charged starting on the yearly anniversary date of when you obtained your Club O Membership, provided that your Club O Rewards MasterCard is open on the yearly anniversary date of when you obtained your Club O Membership. Your Club O Membership will automatically renew for successive one year terms on the yearly anniversary date of when you obtained your Club O Membership, so long as your Club O Rewards MasterCard remains open.

All benefits offered under the Program are at our sole discretion. We reserve the right to limit, modify, alter, waive, or cancel the Program at any time, prospectively or retroactively, with or without notice, even though such changes may affect your Club O Rewards already earned.

MEMBERSHIP TYPES

Overstock™ offers 2 types of Memberships: Club O and Club O Lite. The benefits of each type of membership are described below.

Club O

Club O Lite

CONDITIONS

ELIGIBLE PURCHASES

You accrue Club O Rewards under the Program for all purchases made through Overstock™, except: international orders, cellular telephone service plans and Memberships. In addition, transactions generated within the Cars, Insurance or any Tab other than the Shopping Tab are excluded. For Club O Memberships only, Club O Rewards may also be accrued under the Credit Card Reward Program. Please refer to the Credit Card Terms provided with your Club O Rewards MasterCard for details, terms, conditions and limitations relating to the Credit Card Reward Program.

CLUB O REWARDS

Club O Rewards accrued under the Program are credits earned on every eligible purchase and are deposited into your Rewards Bank after the item you purchased has shipped. Club O Rewards accrued under the Credit Card Reward Program will be transferred and deposited into your Rewards Bank on a monthly basis. Club O Rewards may be used to make eligible purchases through Overstock™. You may check your Club O Rewards balance at any time by clicking on the Rewards Tab in My Account (please note that Club O Rewards accrued under the Credit Card Reward Program will not be visible or redeemable until they are transferred and deposited into your Rewards Bank on a monthly basis).

If you return an item, the Club O Rewards earned pursuant to the Program for that purchase will be deducted from your Rewards Bank. If you lack sufficient Club O Rewards in your Rewards Bank, the Club O Rewards earned on previous purchases will be deducted from your refund on a dollar-for-dollar basis.

All Club O Rewards (whether earned under the Program or the Credit Card Reward Program) are only accessible and redeemable with an active Membership.

EXPIRATION OF CLUB O REWARDS

Club O

CLUB O REWARDS EARNED UNDER A CLUB O MEMBERSHIP EXPIRE 90 DAYS AFTER THE EXPIRATION OF YOUR CLUB O MEMBERSHIP. IF YOUR CLUB O MEMBERSHIP EXPIRES AND IS NOT RENEWED WITHIN 90 DAYS, ALL CLUB O REWARDS PREVIOUSLY EARNED WILL EXPIRE AND BECOME PERMANENTLY NON-REDEEMABLE.

Club O Lite

CLUB O REWARDS EARNED UNDER A CLUB O LITE MEMBERSHIP EXPIRE 90 DAYS AFTER THEY ACCRUE. IF YOUR CLUB O LITE MEMBERSHIP EXPIRES OR IS CANCELLED, ALL CLUB O REWARDS PREVIOUSLY EARNED WILL EXPIRE IMMEDIATELY UPON EXPIRATION OR CANCELLATION AND BECOME PERMANENTLY NON-REDEEMABLE.

TRANSFER AND CASH VALUE

Club O Rewards are not transferrable, have no cash value, and are not redeemable for cash.

FEE

The Club O Membership fee is $19.95. The Club O Lite Membership is free, but you must subscribe to Omail and remain subscribed to Omail to receive your benefits. We may change the Membership fee or run special promotions at any time, but changes will apply only to new or renewed memberships. The Membership fee is non-refundable, except as set forth herein. We reserve the right to discount or waive the Membership fee in conjunction with promotions we offer from time to time.

TERM

Club O

The initial term of your Club O Membership will commence on the date it is purchased and continue for 1 year, unless terminated. If you have a Club O Rewards MasterCard which is open and in good standing on the yearly anniversary of when you obtained your Club O Membership, your Club O Membership will automatically renew for successive 1 year terms, unless terminated. YOUR CLUB O MEMBERSHIP WILL AUTOMATICALLY RENEW ON THE ANNUAL ANNIVERSARY OF THE DATE YOU SIGNED UP FOR YOUR CLUB O MEMBERSHIP. TO OPT OUT OF THIS AUTO RENEW FEATURE, GO TO YOUR “MY ACCOUNT” PAGE AND CLICK THE “TURN OFF AUTO RENEW” LINK UNDER THE “CLUB O REWARDS” TAB. UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR CLUB O MEMBERSHIP TO AUTOMATICALLY RENEW, YOU UNDERSTAND AND AGREE THAT YOUR CLUB O MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE ANNUAL CLUB O MEMBERSHIP FEE USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU.

Club O Lite

The initial term of your Club O Lite Membership will commence on the date it is activated and continue until the earlier of when you unsubscribe from Omail or tell us you want to cancel your Club O Lite Membership.

FREE TRIAL

We periodically offer free trial Club O Memberships. If you have not had a Club O Membership in the prior nine months, you are eligible to sign up for a free trial Club O Membership which will allow you to receive the benefits of a Club O Membership without cost for three calendar months from the date you sign up. You will enjoy all the same benefits as paid members. AT THE END OF YOUR THREE MONTH FREE TRIAL PERIOD, YOU WILL BE AUTOMATICALLY UPGRADED TO A PAID CLUB O MEMBERSHIP FOR $19.95 IN ACCORDANCE WITH THE PROVISIONS SET OUT ABOVE IN THE "TERM" SECTION CONCERNING CLUB O MEMBERSHIPS. TO OPT OUT OF THIS AUTOMATIC RENEWAL FEATURE, FOLLOW THE PROCEDURES SET OUT ABOVE IN THE “TERM” SECTION BY GOING TO YOUR “MY ACCOUNT” PAGE AND CLICKING THE “TURN OFF AUTO RENEW” LINK UNDER THE “CLUB O REWARDS” TAB. We reserve the right to discontinue offering free trial Club O Memberships at any time without notice.

PURCHASE ASSURANCE

If you do not earn more Club O Rewards from purchases during your yearly Club O Membership than the actual purchase price paid by you for your applicable Club O Membership, we will increase your Reward Bank by the difference (“Difference”) if you renew your Club O Membership for the next year at the annual renewal price of $14.95. The Difference will not be included in your Reward Bank until you have paid for your next year's Club O Membership.

PAYMENT

Unless waived as set forth herein, the Club O Membership fee will be billed to the method of payment that is active in your Overstock™ account.

MEMBERSHIP CANCELLATION

You have the right to cancel your Membership at any time. No refunds will be given (unless we change the Program; see Changes to Club O below). You can cancel your Membership by (i) calling us at 1-800-THE BIG O (1-800-843-2446) (Members located outside of the U.S. should call 801-947-3100); or (ii) contacting us via e-mail at ClubO@Overstock.com.

DISCLAIMERS; LIMITATION OF LIABILITY

THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OVERSTOCK™, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (“PROVIDERS”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT IN ANY WAY RELATED TO THE PROGRAM. PROVIDERS MAKE NO WARRANTY THAT THE (i) PROGRAM WILL MEET YOUR REQUIREMENTS, OR (ii) PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN NO EVENT WILL PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED THE PROGRAM, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE PROGRAM OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR MEMBERSHIP DATA. NOTWITHSTANDING ANYTHING TO THE CONTRARY, PROVIDERS? TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WILL NOT EXCEED THE LAST ANNUAL MEMBERSHIP FEE YOU PAID. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.

GOVERNING LAW

These Terms, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Utah, without regard to conflict of law principles.

BINDING ARBITRATION

Any controversy or claim arising out of or relating to these Terms (including any breach thereof) or the Program shall be settled by confidential arbitration in Salt Lake City, Utah and administered by the American Arbitration Association under its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Overstock™ from seeking any injunctive relief in State or Federal courts.

CHANGES TO CLUB O

We may make changes to any or all benefits available to you under the Program at any time, with or without notice. In the event of any change to the Program, we will, in our sole discretion, either maintain your Membership with your existing benefits until expiration of your current term or refund you a pro-rata portion of your paid Membership fee for the remaining full months of your current Membership term. Please note that if your Membership is cancelled, your Credit Card Reward Program may be cancelled at the same time. If your enrollment in the Credit Card Reward Program is cancelled for any reason, you may be required to re-enroll and pay any applicable Membership fee in order to remain in the Program.

*For Club O Rewards earned through the Program, Club O Rewards will be calculated on the net purchase amount (after application of discounts and coupons and excluding tax and shipping) of every eligible purchase. For Club O Rewards earned through the Credit Card Reward Program, Club O Rewards will be calculated on the gross purchase amount (amount actually charged to your Club O Rewards MasterCard).

Last Updated August 12, 2014
Club O Terms 5.2