You must be an individual at least nineteen (19) years of age and a legal resident of the United States to participate in the Rewards Program. The Rewards Program is limited to one (1) membership per person. You may not assign or transfer your Rewards Program membership and any attempt to do so will void your membership. No purchase is necessary to join the Rewards Program. The Rewards Program is intended for individual use only and is void where prohibited by law.
II. Enrolling in the Rewards Program:
III. Earning Rewards Points:
Members will earn a specified number of rewards points for each $1.00 spent on a qualifying purchase at hayneedle.com. Members may also earn rewards points for other Member actions as determined by Hayneedle in our sole discretion. Hayneedle reserves the right to restrict and limit, for any reason, the actions eligible for the earning and redemption of rewards points. You must be logged into your customer account to earn rewards points. Points earned for making qualified purchases on Hayneedle are awarded solely on the net purchase dollar amount (i.e., all merchandise purchases less any returns), and after any coupons or discounts are applied. No points will be awarded for any taxes or shipping and handling costs. No points will be awarded for PayPal or PayPal Credit payment methods. You remain solely responsible and liable for all applicable taxes on your purchases through Hayneedle.com or through your participation in the Rewards Program. No points will be awarded on purchases of gift certificates or purchases where gift certificates or merchant credits are used as the payment method. During select promotional periods, Hayneedle may, in our sole discretion, may reward additional points on qualifying purchases. Any confirmed or pending purchase made prior to your enrollment in the Rewards Program is not eligible for rewards points. Points earned for making qualified purchases will be posted to Member accounts within a reasonable amount of time after the confirmed shipment of the items purchased.
IV. Redeeming Rewards Points:
You may use your rewards points toward the purchase of other eligible products and merchandise from Hayneedle. Redeemed points in an order with multiple items will be applied to the highest dollar amount items first and continue to be redeemed so forth. Members may not aggregate Rewards points from multiple accounts or use Rewards points for the purpose of purchasing products on the behalf of others or for the purpose of reselling such products to others.
V. Limitations and Exclusions:
Rewards points may be used only toward the purchase of other qualifying products and merchandise from Hayneedle. Rewards points are issued for promotional purposes, have no intrinsic value, and may not be redeemed for cash or anything else of value. You may not transfer or assign rewards points. When redeeming rewards points, the value of the purchase must be equal to or greater the number of rewards points being redeemed. Where the value of the purchase is greater than the number of rewards points being redeemed, you may combine rewards points with a credit card to complete the purchase but rewards points cannot be combined with any other method of payment, including, but not limited to, payment via PayPal and PayPal Credit. You may not use rewards points to pay any taxes or costs related to shipping and handling. You may not use rewards points on any pending or prior purchase. Points are redeemable only on eligible products and merchandise from Hayneedle and may not be used to purchase products or services from any other site. Unless otherwise stated in the specific terms and conditions of an applicable promotional period, all rewards points will expire six (6) months from the date of issuance. We further reserve the right to close or otherwise restrict your account or refuse access or entry to the Rewards Program at any time at our sole discretion.
You will be given credit for authorized returns by way of the same method of payment that you used to make your purchase (rewards points, credit card, PayPal and PayPal Credit). By way of example, if you make an authorized return for a purchase you made using rewards points and a credit card in combination, Hayneedle will issue a credit to your customer account of the applicable number of rewards points first, before issuing any additional and applicable credit to a credit card. Where you make a purchase that earns rewards points but the rewards points are not spent, Hayneedle will remove the rewards points from your customer account when the applicable item is returned. Where you make a return of a purchase that earns rewards points and you spend those rewards points on another purchase, Hayneedle will deduct the applicable number of rewards points from the total available points in your customer account. If you do not have the available points, the deduction will come out of the return amount to cover the points balance.
Hayneedle may provide you with the opportunity to give, post or provide review, comments, feedback, ideas or other suggestions, in any form (collectively, "Feedback"), in regard to your use of the Rewards Program. You hereby grant Hayneedle an irrevocable, worldwide, royalty-free, transferable license and right to use your Feedback. Without limiting the generality of the foregoing, you acknowledge and agree that you grant Hayneedle the license and right to use any and all Feedback in any manner whatsoever, in its sole and absolute discretion, including, without limitation, the license and right to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works related to, sell and/or distribute any and all Feedback and/or incorporate any and all Feedback into any form, medium or technology throughout the world without restriction and without compensating you in any way. You grant Hayneedle the right to use the name that you submit in connection with any Feedback. In addition to the other restrictions on your participation in the Rewards Program, you agree not to use false or misleading information, including using a false e-mail address, impersonating any person or entity, or otherwise misleading as to the origin of any Feedback you submit. You are and shall remain solely responsible for the content of any Feedback you make and you agree to indemnify, defend and hold harmless Hayneedle for all claims resulting from or arising out of any Feedback you submit. Hayneedle takes no responsibility and assumes no liability for any Feedback submitted by you or any third party.
VIII. Additional Terms
A. Rewards Program Changes: We reserve the right to change these Rewards Terms and/or the Rewards Program from time to time in our sole and absolute discretion without notice. Such changes will become effective and binding immediately upon posting to these Rewards Terms and you will be deemed to have accepted such changes by your continued use of this Rewards Program and/or the purchase of any products or services through Hayneedle.
C. Prohibited Acts: You represent and agree that you will not use this Rewards Program, or allow anyone to use this Rewards Program, (a) in violation of any law, regulation, ordinance or court order, (b) in any manner that could damage, disable, overburden or otherwise impair the ability of Hayneedle to make this Rewards Program available to other users or to interfere with the use and enjoyment of this Rewards Program by other users, (c) to create, copy, upload, download, store, publish, distribute, broadcast, transmit or otherwise disseminate any content, information or communication that (i) infringes, misappropriates or otherwise violates any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or any other intellectual property right, or (ii) may be deemed libelous or slanderous, (d) to harass, intimidate, threaten or encourage any violence against any person, group or organization, (e) to transmit or otherwise disseminate any spam e-mails, viruses, corrupted files, spyware or malware, or any other software or code that may damage or impair the operation or security of any computer, hardware, software, system or service, (f) to gain or attempt to gain unauthorized access to any computer, hardware, software, system, service, account, communication or information of Hayneedle, any other users or any third party, (g) to engage in any conduct that could expose Hayneedle to civil or criminal liability, (h) to purchase products for the purpose of resale or rental or (i) to do anything else that violates these Rewards Terms or any other terms & policies on hayneedle.com.
D. Copyright and Trademark Notice: This Rewards Program and its contents may be used only for your personal use. Unless otherwise noted, all content for this Rewards Program, including text, graphics, images, logos and software, is the property of Hayneedle or its third party content providers and is protected under United States and international copyright laws. You may display, copy, download and print hard copy portions of content appearing on Hayneedle solely for your own noncommercial use, or to place orders to purchase products or services from Hayneedle. Except for such expressly permitted uses of content appearing on Hayneedle, you may not modify, publish, adapt, transmit, participate in the transfer or sale of, exhibit, distribute, display, reverse engineer, decompile, disassemble, perform, reproduce, create derivative works from, or in any way exploit any content appearing on Hayneedle, in whole or in part. Any unauthorized use of any content appearing on Hayneedle may violate copyright, trademark and other laws and could result in criminal or civil penalties. You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on Hayneedle. You may not use any meta tags or any other hidden text utilizing any trademarks used or owned by Hayneedle without our express written consent.
E. Disclaimer: HAYNEEDLE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING FROM OR RELATED TO THESE REWARDS TERMS, THE REWARDS PROGRAM, INCLUDING YOUR MEMBERSHIP IN THE REWARDS PROGRAM, AND ANY PRODUCTS AND SERVICES RELATED TO THE REWARDS PROGRAM.
F. Limitation of Liability: YOU HEREBY AGREE TO RELEASE HAYNEEDLE AND ITS AFFILIATES, INCLUDING ALL OF THEIR EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR LIABILITIES UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY AND FOR ANY AND ALL DAMAGES, INCLUDING DIRECT OR ACTUAL DAMAGES, LOST PROFITS, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY OTHER RELATED FEES OR EXPENSES (INCLUDING ATTORNEYS' FEES) RELATING TO THESE REWARDS TERMS, YOUR MEMBERSHIP IN THE REWARDS PROGRAM OR YOUR USE OF THE REWARDS PROGRAM.
G. Communications and Compliance: By enrolling in the Rewards Program, you agree to receive communications from Hayneedle electronically. We will communicate with you by e-mail or by telephone. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. These Rewards Terms are subject to all other applicable Hayneedle policies. We may, at any time and for any reason, make changes to the Rewards Terms. The most recent version of the Rewards Terms will be posted on the Site and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Site or via the most recent email address you have provided to us. If you continue to use the services after the changes become effective, then you shall be deemed to have accepted those changes. If you don't agree to these changes, you must cease using the services.
H. Choice of Law and Venue: These Rewards Terms and the relationship between you and Hayneedle shall be governed by, construed, and enforced in accordance with the laws of the State of Nebraska, excluding its conflict of law provisions, and for claims not subject to arbitration, such claims shall be brought exclusively in the courts located within Douglas County, Nebraska. You and Hayneedle agree to submit to the personal and exclusive jurisdiction of the courts located within Douglas County, Nebraska, and to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.