Club O Rewards Program Terms and Conditions

Overstock.com Club O Rewards Program

Terms and Conditions

These Club O Rewards Program Terms and Conditions (“Club O Terms”) govern your participation in Overstock.com's Club O Rewards Program (the “Club O Rewards Program”). The Club O Rewards Program benefits are issued and administered by Overstock.com, Inc. (“Overstock.com,” “we,” “us,” and “our”). Club O Dollars not used within the term of your Club O Membership will expire. By signing up for the Club O Rewards Program and purchasing a membership (a “Club O Membership”), you agree to comply with these Club O Terms and acknowledge that these Club O Terms are subject to Overstock.com's Site User Terms and Conditions and Privacy Policy, which are incorporated herein.

If you were issued an Overstock.com Credit Card and you were not already a Club O member, you enrolled yourself in the Club O Rewards Program at the time you applied for the Overstock.com Credit Card. The Membership fee normally charged for the 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 Overstock.com Credit Card 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 Club O Rewards Program when you are issued your Overstock.com Credit Card, no Membership fee will be charged starting on the yearly anniversary date of when you obtained your Club O Membership, provided that your Overstock.com Credit Card 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 Overstock.com Credit Card remains open.

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

BENEFITS

CONDITIONS

ELIGIBLE PURCHASES

You accrue Club O Dollars under the Club O Rewards Program for all purchases made through Overstock.com, except: international orders, cellular telephone service plans and Club O Memberships. In addition, transactions generated within the Cars, B2B or any Tab other than the Shopping Tab are excluded. Club O Dollars may also be accrued under the Credit Card Reward Program. Please refer to the Credit Card Reward Program Terms and Conditions provided with your Overstock.com Credit Card for details, terms, conditions and limitations relating to the Credit Card Reward Program.

CLUB O DOLLARS

Club O Dollars accrued under the Club O Rewards Program are credits earned on every eligible purchase and are deposited into your Rewards Bank after the item you purchased has shipped. Club O Dollars accrued under the Credit Card Reward Program will be transferred and deposited into your Rewards Bank on a monthly basis. Club O Dollars may be used to make eligible purchases through Overstock.com. You may check your Club O Dollars balance at any time by clicking on the Rewards Tab in My Account (please note that Club O Dollars 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 Dollars earned pursuant to the Club O Rewards Program for that purchase will be deducted from your Rewards Bank. If you lack sufficient Club O Dollars in your Rewards Bank, the Club O Dollars earned on previous purchases will be deducted from your refund on a dollar-for-dollar basis.

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

ALL REWARD DOLLARS 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 DOLLARS PREVIOUSLY EARNED WILL EXPIRE AND BECOME PERMANENTLY NON-REDEEMABLE.

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

CLUB O REWARDS PROGRAM MEMBERSHIP FEE

The annual Club O Membership fee is $19.95. We may change the Membership fee or run special promotions at any time, but changes will apply only to new or renewed memberships. The Club O Membership fee is non-refundable, except as set forth herein. We reserve the right to discount or waive the Club O Membership fee in conjunction with promotions we offer from time to time.

TERM

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 an Overstock.com Credit Card 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 MEMBERSHIP 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 MEMBERSHIP FEE USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU.

FREE TRIAL CLUB O MEMBERSHIP

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 ANNUAL MEMBERSHIP FOR $19.95 IN ACCORDANCE WITH THE PROVISIONS SET OUT ABOVE IN THE "TERM" SECTION. 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.

Summary of the annual Club O Membership

Club O Lite Membership

Purchase Assurance

If you do not earn more Club O Dollars 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, your Club O Membership fee will be billed to the method of payment that is active in your Overstock.com account.

CLUB O MEMBERSHIP CANCELLATION

You have the right to cancel your Club O Membership at any time. No refunds will be given (unless we change the Club O Rewards Program; see Changes to Club O below). You can cancel your Club O 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 CLUB O REWARDS PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  OVERSTOCK.COM, 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 CLUB O REWARDS PROGRAM.  PROVIDERS MAKE NO WARRANTY THAT THE (i) CLUB O REWARDS PROGRAM WILL MEET YOUR REQUIREMENTS, OR (ii) CLUB O REWARDS 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 CLUB O REWARDS PROGRAM, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE CLUB O REWARDS PROGRAM OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CLUB O 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 CLUB O 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 Club O 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 Club O Terms (including any breach thereof) or the Club O Rewards 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.com 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 Club O Rewards Program at any time, with or without notice.  In the event of any change to the Club O Rewards Program, we will, in our sole discretion, either maintain your Club O Membership with your existing benefits until expiration of your current term or refund you a pro-rata portion of your Club O Membership fee for the remaining full months of your current Club O Membership term.  Please note that if your Club O 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 Club O Membership fee in order to remain in the Club O Rewards Program.

*For Club O Dollars earned through the Club O Rewards Program, Club O Dollars 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 Dollars earned through the Credit Card Reward Program, Club O Dollars will be calculated on the gross purchase amount (amount actually charged to your Overstock.com Credit Card).

Last Updated April 14, 2014
Club O Terms 5.1