Effective Date: 3/10/2023
THE FOLLOWING PROGRAM TERMS GOVERN YOUR ACCESS TO AND USE OF THE COLLECTIONS, ETC PREMIER SAVINGS PROGRAMS AND ALL OTHER MEMBERSHIP OR SAVINGS PROGRAMS OFFERED BY Winston Brands, Inc. IN ADDITION TO THESE PROGRAM TERMS, YOUR PARTICIPATION IN ANY SUCH PROGRAMS IS ALSO GOVERNED BY OUR GENERAL TERMS OF SERVICE, AVAILABLE HERE, WHICH INCLUDE, AMONG OTHER PROVISIONS, A REQUIREMENT THAT YOU RESOLVE ANY DISPUTES WITH US VIA BINDING INDIVIDUAL ARBITRATION. PLEASE READ THESE PROGRAM TERMS AND THE TERMS OF SERVICE CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS.
- Program Terms. These Program Terms (“Program Terms”) constitute the legally binding terms governing your participation in the Collections, Etc. Premier Savings Program and any other membership or savings programs offered by Winston Brands, Inc. (each being individually a “Program” and collectively the “Programs”).
- Acceptance of Program Terms. When you enroll in a Program, and each time you use or access the Program, you signify your agreement with these Program Terms. If you do not agree to these Program Terms, you must terminate your membership in the Program. The Programs are available to you by Winston Brands, Inc. and administered by Clarus Commerce LLC as a service provider on behalf of and for the benefit of Winston Brands, Inc. (“Winston Brands” “us,” “our,” or “we”)
- Acceptance of Terms of Service. In addition, your participation is bound by our general Terms of Service, which can be found here. These Program Terms are “Additional Terms” as defined in the Terms of Service. The Terms of Service include many important terms and conditions, including a requirement that you resolve any disputes with us via binding arbitration on an individual basis. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity. Thus, in addition to these Program Terms, please review the Terms of Service carefully, as they affect your legal rights.
- Updates to Terms. We reserve the right to update or change these Program Terms at any time by posting the most current version on the applicable webpage. We will provide notice of changes to the Program Terms by posting the new version with a new Effective Date shown. All such changes in the Program Terms shall be effective from the Effective Date set when it is posted. Your continued participation in any Program after we post any changes to the Program Terms signifies your agreement to any such changes. If you do not agree to the Program Terms as updated, you must discontinue your participation in the Programs and terminating your membership in the Programs.
- Electronic Form. By enrolling or participating in a Program (thus becoming a “Member”), you consent to have these Program Terms and future communications related to the Program provided to you in electronic form. You have the right to receive these Program Terms in non-electronic form at any time by contacting us online or send a letter and self-addressed stamped envelope to: Collections Etc. Premier Savings, 500 Enterprise Drive, 2nd Floor, Rocky Hill, CT 06067.
- Additional Program Terms. Certain areas, features, or functionality of the Sites may contain additional terms, rules, guidelines or policies relating to our Programs (“Additional Program Terms”). For example, the Premier Savings Program features Additional Program Terms located here. By agreeing to these Program Terms, you are expressly agreeing to any Additional Program Terms that currently exist and that we may present on the Sites from time to time. From time to time, such Additional Program Terms may conflict with these Program Terms. In the event of such a conflict, the Additional Terms will control. Any reference to the “Program Terms” in this agreement includes the Additional Program Terms.
- Membership Eligibility & Restrictions
- Eligibility. You do not have to subscribe to the Programs to purchase products available on our websites (the “Sites”), but Memberships are required to access the Programs, which offer various benefits for Members, including discounts related to the purchase of products on the Sites (“Membership”). Program Memberships are currently available only to U.S. residents, except for residents of Iowa. For each Program we offer, there is a limit of one Membership and one introductory/premium offer per. Household, meaning that, for each Program, no more than one Membership or introductory/premium offer may correspond to a particular mailing address. You must be at least 18 years old or the age of majority in your state of residence, whichever is older, to join and to use the Programs. Any efforts to circumvent these limitations may result in your temporary or permanent suspension of your Membership, as determined by Winston Brands in its sole discretion.
- Access and Use.This Programs are for your personal, non-commercial use in accordance with these Terms. Your Membership is non-transferable. You agree that only You and Your Immediate Family may use the membership. "Immediate Family" means you, your spouse or partner and your children living in your home. Benefits are not for resale. You may not use the Program for any commercial benefit.
- Termination. We may suspend or terminate your Membership and your access to the Programs, in whole or in part, at any time, immediately and without notice if, at our sole discretion, you fail to comply with any of these Program Terms, the Terms of Service, or engage in any conduct that we deem unacceptable in our sole discretion. Upon termination, you must destroy all materials obtained in connection with the Programs and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Programs.
- Recurring Billing & Cancellation
- Membership Charges; Recurring Billing. Memberships are billed on a recurring, subscription basis, meaning that you will pay a recurring fee (“Membership Fee”) at a recurring interval (the “Membership Period”), which will be disclosed to you prior to enrollment in the Program. You will be charged for your Membership Fee, including taxes, if any, using the billing information you provide or authorize at the time of enrollment (your “Billing Account”). By enrolling in the Program, you authorize your Billing Account to be charged for the Membership Fee then in effect for the Program on a recurring basis at the beginning of each Membership Period without any further authorization from you. This means that, after your initial Membership Period, and again after any subsequent Membership Periods, your Billing Account will charged automatically for the Membership Fee then in effect for an additional period of the same length, until you cancel your membership.
- Free Trials. Your enrollment might include a free or discounted trial or promotional period (“Free Trial”). If you do not cancel your Free Trial within the period set out in the terms of the Free Trial, it will automatically convert to a paid Membership. This means that we will charge your Billing Account for the applicable Membership Fee once your free trial period ends and we will continue charging you for each recurring Membership Period until you cancel the Membership. Thus, your failure to terminate a Free Trial constitutes your authorization for your Billing Account to be charged in accordance with the Membership Fee and Subscription Period cycle identified at the time of enrollment in the Free Trial, until you cancel your Membership. If you cancel your Free Trial prior to conversion to a Membership, you will continue to have access to the Program for the remainder of your Free Trial.
- Changes to Membership Fees. We may change the Membership Fee applicable to Programs from time to time, but we will communicate any price changes to you in advance in the manner required by applicable law (if any) and, if applicable, we will tell you how to avoid being charged the updated Membership Fee if that is your preference. Price changes for memberships will take effect at the start of the next Membership Period. However, we will not be able to notify you of changes in any applicable taxes. We reserve the right to correct any errors or mistakes contained in your Billing Account information and to update your Billing Account information from available third-party sources.
- Cancellation. To change or cancel your Membership at any time, go to the “Help” tab, or send your request to us using the “Contact Us” link on any page of the Sites or by calling the Customer Program Department toll-free at (877) 769-9731. Unless cancelled, your Membership will be automatically extended as described above. If you cancel a Membership, you may use your Membership until the end of your then-current paid-for Membership Period. Your Membership will not be renewed after your then-current Membership Period expires. As a general rule, you will not be eligible for a prorated refund of any portion of the Membership Fee paid for the then-current Membership Period.
- Reactivating a Cancelled Account. If you cancel your Membership but want to become a member again, please contact [email protected] for assistance.
- Changes to the Programs. We reserve the right to change or discontinue any aspect of any Program at any time, including discontinuance of Programs in their entirety, all in our sole discretion, with no liability to you. In all matters relating to the administration of the Program, our decisions will be final and binding and you agree to comply with such decisions. FOR AVOIDANCE OF DOUBT, AND WITHOUT LIMITING THE FOREGOING, THIS MEANS THAT WE RESERVE THE RIGHT TO ELIMINATE, ADD, CHANGE AND/OR SUBSTITUTE BENEFITS AND PARTICIPATING VENDORS WITHOUT NOTICE TO YOU, ALL IN OUR SOLE DISCRETION.
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