NON-CLUB O REWARDS (MY REWARDS) TERMS AND CONDITIONS

These Non-Club O Rewards Program Terms and Conditions ("Terms") govern your participation in Overstock's™ Non-Club O Rewards Program (the "Program"). The Program benefits are issued and administered by Overstock.com, Inc. ("Overstock™", "we", "us" and "our"). Non-Club O Rewards ("Rewards") are indicated throughout Overstock.com and other Overstock websites (the "Site") as "Rewards." Any individual who has an active Overstock account, and who subscribes to Overstock promotional emails will be automatically enrolled in the Program and earn Rewards. There is no fee to participate in the Program. 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. Your Rewards not used as specified herein will expire.

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 Rewards already earned.

BENEFITSS

The benefits of the Program are described below.

Rewards issued for writing a qualified review will expire 90 days after issue date. 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 Rewards already earned.

Reviews must be completed within 30 days of the original submission or the rewards offer will expire.

THE REWARDS FOR REVIEWS PROGRAM IS UNAVAILABLE TO CALIFORNIA RESIDENTS AND USERS OUTSIDE THE UNITED STATES OF AMERICA.

CONDITIONS

REWARDS

Rewards accrued under the Program are earned on every eligible activity and are deposited into your Rewards balance. You may check your Rewards balance at any time by clicking on the Rewards Tab in My Account.

ALL REWARDS ARE ONLY ACCESSIBLE AND REDEEMABLE WITH AN ACTIVE MEMBERSHIP.

Reward Types

Earned Rewards: This is a lifetime total of all earned Rewards. Please allow at least 24 hours for Rewards to be available in your balance.

Expiring/Promotional Rewards: These rewards are part of your available balance. They will be used first when you apply rewards at checkout.

Redeemed Rewards: These are Rewards that have been spent/redeemed on an Overstock purchase.

EXPIRATION OF REWARDS

Non-Club O Rewards

ANY REWARDS EARNED WILL EXPIRE PER THE TERMS OF THE PROMOTION UNDER WHICH THEY WERE EARNED, OR IF YOU UNSUBSCRIBE FROM OVERSTOCK PROMOTIONAL EMAILS.

TRANSFER AND CASH VALUE

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

TERM

Rewards

You will begin to accrue Rewards on the date you elect to receive promotional emails from Overstock and will continue to accrue until it expires or you opt-out of receiving promotional emails.

REWARDS CANCELLATION

You have the right to terminate your participation in the Program at any time. You can cancel your participation in the Program by (i) calling us at 1-800-THE BIG O (1-800-843-2446) (Customers located outside of the U.S. should call 801-947-3100); or (ii) contacting us via e-mail through the following link: https://help.overstock.com/app/contact_page.

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 THE PROGRAM

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, maintain your Rewards account with your existing benefits until such Rewards expire.

Last Updated July 18, 2017
Non-Club O Rewards Program Terms and Conditions 1.0