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 Reward 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 Reward Dollars already earned.

BENEFITS

• Receive 5% in Club O Reward Dollars* on every eligible purchase. Club O Reward Dollars may also be used to make other eligible purchases. From time to time, Overstock.com may run special promotions which permit you to earn additional Club O Reward Dollars.

• If you have an Overstock.com Credit Card, you can earn additional Club O Reward Dollars 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.

• Free standard shipping within the continental United States on all orders, excluding orders comprised solely of media items under $25.

• Access to Overstock.com's exclusive Club O Rewards shopping events.

• Discounts and Club O Reward Dollars earned through your Club O Membership or through the Credit Card Reward Program may be used and combined with other discounts and coupons, including affiliate coupons for eligible purchases.

CONDITIONS

• You must be 18 years of age or older to obtain a Club O Membership.

• Your participation in the Club O Rewards Program is revocable by us at any time, at our sole discretion.

• You may have only one Club O Membership per email account.

• For any benefit to apply, your Club O Membership must be active at the time of purchase. You will not be reimbursed retroactively for purchases made while your Club O Membership is inactive or expired.

• Your Club O Rewards Membership is non-transferable.

• Club O Reward Dollars are not earned on purchases paid with Overstock.com Gift Cards, in-store credits or on purchases paid for with Club O Reward Dollars.

ELIGIBLE PURCHASES

You accrue Club O Reward 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, Community, Vacations and any Tab other than the Shopping Tab are excluded. Club O Reward 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 REWARD DOLLARS

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

All Reward 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. Notwithstanding the foregoing, Club O Reward Dollars may not be applied towards international orders.

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

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

CLUB O REWARDS 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 will waive the Club O Membership fee for the Club O Rewards Program as set forth herein.

BUZZ BUY TERMS

In order to participate in Buzz Buy promotion events (“Event(s)”), you must be a member of Club O.  The Club O Reward Dollars associated with a Buzz Buy item purchased in an Event may be displayed on the Buzz Buy product or event page (“Event Page”) and shall be determined according to the following: (1) the number of qualifying Club O customers who participate in the Event and purchase the applicable qualifying Buzz Buy item during the Event, and (2) the associated Club O Reward Dollars  set by us,  We may amend the marketing incentive amounts, the Event duration, and all details displayed on the Event Page including any amounts displayed thereon from time to time, in our sole discretion. To qualify as a purchase under a Buzz Buy promotion, the purchase must meet the following requirements: (1) the Buzz Buy item must be purchased prior to expiration of the applicable Event, (2) the Buzz Buy item must be purchased at the price displayed on the Event Page, (3) the Buzz Buy item must be purchased with a valid credit card or PayPal account without application of any coupons, Club O Reward Dollars, or other promotions.  The Club O Reward Dollars earned during an Event will be allocated to each qualifying Club O member who participated and purchased the applicable qualifying Buzz Buy item after the Event has ended and after all shipping confirmations haven been sent for all applicable purchases.  In our sole discretion, we may or may not consider order cancellations in determining whether to award Club O Reward Dollars associated with a Buzz Buy item purchased in an Event.  If you return a Buzz Buy item purchased in an Event, Club O Reward Dollars will be deducted as set forth in these Club O Terms.

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 a period of 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 Club O Trial Membership

If you have not had a Club O Membership in the prior nine months, you are eligible to sign up for a free Club O Trial Membership which will allow you to receive the benefits of a Club O Membership without cost for two calendar months from the date you sign up.  You will enjoy all the same benefits as paid members.  At the end of your two 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.

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 terminate or materially modify the Club O Rewards Program; see Program Termination or Material Change 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. O.CO, 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.

NON-MATERIAL CHANGES TO THESE CLUB O TERMS

We may make non-material changes to these Club O Terms at any time by notifying you of such change by email or by posting that changes have been made. Any such change shall take effect 30 days from the date of our notice. Your payment of the Club O Membership fees or continued use of the Club O Rewards Program after any change has been made constitutes your acceptance to the modified terms.

MATERIAL CHANGES OR PROGRAM TERMINATION

We may terminate or make material 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 our termination of or material change to the Club O Rewards Program, at our election, 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 terminated or cancelled, your Credit Card Reward Program may be terminated or cancelled at the same time. If your enrollment in the Credit Card Reward Program is terminated or 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 Reward Dollars earned through the Club O Rewards Program, Club O Reward 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 Reward Dollars earned through the Credit Card Reward Program, Club O Reward Dollars will be calculated on the gross purchase amount (amount actually charged to your Overstock.com Credit Card).

Last Updated October 28, 2011

Club O Terms 4.7