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Customer Rewards Program Terms and Conditions

GREENWAY AUCTION CUSTOMER REWARDS PROGRAM TERMS AND CONDITIONS

By enrolling in the Greenway Auction Customer Rewards Program, you agree to these Terms and Conditions and any amendments or modifications thereto, and you agree to Greenway Auction’s Website Terms of Use which are incorporated into these Terms and Conditions. For purposes of this agreement, “Greenway Auction,” “us,” or “we” shall mean Evergreen Wholesale Inc. and any of its predecessors, successors, assigns, parents, subsidiaries, affiliates, and each their respective officers, directors, shareholders, employees, and agents. These Terms and Conditions do not alter the terms or conditions of any other agreement you may have with Greenway Auction for other products or services.

Note: THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS. THE ARBITRATION PROVISION REQUIRES THAT ALL DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Greenway Auction reserves the right to change the terms and conditions of the Customer Rewards at any time without notice, including the right to discontinue or change the benefits of the Customer Rewards. If we make any material changes to these terms and conditions or terminate the Customer Rewards, we will post the new terms at Greenway Auction Customer Terms & Conditions and we may notify you by email. All Points and subsequent Rewards must be earned and used according to the terms and conditions of the Customer Rewards as of the date the Points are earned.

For more details on what information Greenway Auction collects from its website visitors and children, please visit Greenway Auction’s Privacy Policy , which is incorporated by reference.

Earning Points and Benefits as a VIP Rewards Member (“Member”)

The Greenway Auction Customer Rewards Program (“Customer Rewards”) is a free customer loyalty program that allows participants (“Members”) to earn points (“Points”) for every dollar spent on Eligible Product Purchases (as defined below). Points accrue when a Member’s unique Customer Rewards Member Number is provided at the time of purchase for both in-store and online Eligible Product Purchases. Under the Customer Rewards, “Eligible Product Purchases” means purchases of Greenway Auction products such as homegoods, electronics and accessories, subject to any exclusions applicable at the time of sale or as stated herein. Gift card purchases are excluded. Members also have the ability to periodically earn bonus Points. Bonus Points help a Member earn Rewards faster, but do not contribute to a Member’s overall tier status. Greenway Auction has the sole right to make the final decision on whether a purchase qualifies for Points (or an action qualifies for bonus Points) under the Customer Rewards program.

The Customer Rewards program is free to enroll. Points will typically post to Member’s Account within 48 hours from in-store purchase or date of shipment for online orders. No adjustments to Member’s Account will be made after 90 days from the actual purchase date.

Point calculations are based upon dollars spent at checkout on Eligible Product Purchases less any dollars spent on sales tax, shipping charges, delivery charges, restocking fees, rebates applied at the time of purchase, the dollar amount of available mail-in rebates at the time of purchase of any product or service, the dollar amount of the purchase of Gift Cards and eGift Cards, and the dollar amount of any Gift Card offer with purchase or other excluded charges.

Members do not earn Points for the amount of any Reward redeemed or discounts applied to an Eligible Product Purchase. When Members return products to the store or by mail, Points previously posted to Member’s Account for that purchase will be deducted from Member’s Account. Other exclusions may apply. Points apply only to the first Customer Rewards Member Number scanned in connection with any purchase. Points and Rewards have no cash value, are non transferable, except as specifically permitted in connection with certain promotions. Points may not be combined among Members or conveyed by any means to anyone, including through a Member’s estate and may not pass to Members’ successors and assigns. Points do not constitute property of the Member. Greenway Auction may revoke some or all Points and Rewards if it is determined, in Greenway Auction’s sole discretion, that a Member received Points and Rewards due to an error, through fraud, abuse, or deception, or in any manner not authorized or intended by Greenway Auction.

Greenway Auction is not responsible for communications, including Rewards, lost due to communication issues including change of address or other contact information or technical issues or malfunctions. Points that remain on Member’s account two (2) years from the date earned will be forfeited. If the Customer Rewards is terminated or the Member’s account is closed, any remaining earned Points will be forfeited. Rewards are for one-time use only. In the event that a Member returns merchandise that was partially or wholly paid for with a Reward(s), the Reward(s) used in connection with such a purchase shall not be reissued and no Points representing such Reward(s) shall be reissued to such Member’s Account. In these cases, the Member forfeits the Rewards(s).

Membership Eligibility

The Customer Rewards program is available to individuals who are at least 18 years of age. The Customer Rewards program is intended for personal, non-commercial use only and is limited to one account per individual. Greenway Auction may refuse to create a Customer Rewards Member account for any reason. Greenway Auction reserves the right to exclude any individual from or discontinue any individual’s participation in the Customer Rewards program. Greenway Auction reserves the right to cancel or suspend participation in the Customer Rewards program in the event of fraud, abuse of Points or Rewards privileges, violation of these Terms or Greenway Auction’s Terms of Use or any applicable law, or at Greenway Auction’s sole discretion. Any Points and Rewards in the account will become void at the time of cancellation or suspension.

Redeeming Points Earned Under the Customer Rewards

The default earning ratio per US dollar is 1%. For every 10,000 Points Members earn in the Customer Rewards Program, Members will be eligible to receive a Reward redeemable for $1.00 off the purchase of any eligible products or services at participating Greenway Auction retail store locations or online at GreenwayAuction.com. Rewards are automatically added to Member’s account once earned and 10,000 Points are automatically deducted for every $1.00 Reward issued to Member’s account. Multiple Rewards earned at the same time are automatically combined in a Member's account.

Greenway Auction may choose to change the earnings ratio at any time without prior notice to Members. Members will be able to participate in various specials and promotions where the earnings ratio will double to 2% or tripple to 3%.

Rewards are valid for 365 days from the date of issue. Members in good standing may earn up to a maximum of 500,000 Points per year. Points may be used toward the purchase of products in conjunction with other Rewards and most other discounts or offers, not to exceed purchase amount. Some exclusions may apply and there is a limit of three (3) Rewards, discounts, and/or offers per transaction. No photocopies or facsimiles accepted.

Rewards are not valid toward prior purchases, certain products and services, the purchase of Greenway Auction Gift Cards and eGift Cards, tax or state fees. Rewards are not redeemable for cash and no change or currency will be given for Reward redemption. Members may be notified of additional ineligible products and services. Other restrictions may apply. Lost, stolen, or expired Rewards will not be replaced.

Except as provided for in the Customer Rewards program, Rewards are not transferable and may not be combined among Members or conveyed by any means to anyone. Rewards are not transferable through a Member’s estate and may not pass to Members’ successors and assigns. Rewards do not constitute property of the Member.

Customer Rewards Members will have the option to donate their unexpired Rewards accrued as of August 1, 2022 to one or more charitable causes designated by Greenway Auction. To donate, log on to your member profile at GreenwayAuction.com and follow the prompts to donate. Full value of Reward amount issued must be donated. Greenway Auction will donate to the charity selected by Member in an amount equal to 50% of the face value of the Reward. Rewards are not redeemable for cash and are not tax deductible by the Member.

BINDING ARBITRATION WITH CLASS ACTION WAIVER

  • Mandatory Informal Dispute Resolution Process.

  • There might be an occasion in which a Dispute (as defined below) arises between you and Greenway Auction. Should such a situation arise, Greenway Auction is committed to working with you to resolve the Dispute. Therefore, for any Dispute that arises between you and Greenway Auction, both parties agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding as set forth below.

  • This informal dispute resolution process is a condition precedent and prerequisite to commencing arbitration or a proceeding in small claims court.

  • This process requires that one party send a written description of the Dispute, including the nature of the claim and the nature and basis of the specific relief sought, to the other party. For any Dispute you initiate, you agree to send this written information about the Dispute along with your contact information sufficient for Greenway Auction to identify your transaction, account, or other relevant information with Greenway Auction to the attention of our Legal Department at support@greenwayauction.com or via certified mail to 5840 W Greenway Rd. Glendale, AZ 85306, Attention: Legal Department. The time period referenced below begins to run upon receipt of this written description.

  • You and Greenway Auction then agree to negotiate in good faith about the Dispute, including through an informal and individualized telephonic dispute resolution conference between you and Greenway Auction. If either party to the Dispute is represented by counsel, that party’s counsel may participate, but the party also must personally appear at and participate in the conference. This process should lead to resolution of the Dispute, but if it is not resolved within sixty (60) days after receipt of the written description detailed above, you and Greenway Auction agree to the further dispute resolution provisions below.

  • The parties agree that any relevant limitations period and filing fee or other deadlines shall be tolled while the parties engage in this informal dispute resolution process.

  • Arbitration. Any Dispute between you and Greenway Auction that cannot be resolved informally as detailed above shall be resolved through individual arbitration or in small claims court.

  • The term “Dispute” shall be interpreted as broadly as permitted under the law and shall cover any claim or controversy, related to us or our relationship including but not limited to, any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, misrepresentation, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these or any prior Terms and Conditions; (3) claims that arise after the termination of these Terms and Conditions; and (4) claims that are the subject of purported class action litigation. Notwithstanding the forgoing, either you or Greenway Auction may elect to have a Dispute heard (1) in small claims court on an individual basis if the amount in controversy is properly within the jurisdiction of an appropriate small claims court or (2) in a court of competent jurisdiction to seek to enjoin infringement or other misuse of intellectual property rights.

  • The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). You may deliver any required or desired notice to us by mail to Evergreen Wholesale Inc. Deputy General Counsel, 5840 W Greenway Rd. Glendale, AZ 85306.

  • This arbitration provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify us about your Dispute. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this arbitration provision and the AAA rules, this arbitration provision shall govern. If the AAA is unable to administer a proceeding under this arbitration provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this arbitration provision as written applying the AAA Consumer Arbitration Rules. A single arbitrator will resolve the Dispute. Unless you and we agree otherwise, any arbitration hearing will take place at a location convenient to you. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court. You agree to appear in an initial conference with the arbitrator and at any hearing, along with your counsel if you are represented.

  • Payment of filing and other fees shall be governed by the AAA’s Consumer Arbitration Rules. For purposes of determining whether a claim or counterclaim was filed for purposes of harassment or is patently frivolous, the arbitrator may consider, without limitation, whether a party had previously offered full relief to the other party, including, but not limited to, a full refund of the sum paid for items purchased or whether the proceeding is part of multiple case filings.

  • THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER Greenway Auction CUSTOMERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED, THEN THE PARTIES AGREE THAT THIS ARBITRATION PROVISION SHALL SURVIVE AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.

  • If for any reason a claim may proceed in court rather than in arbitration, the parties waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.

  • This arbitration provision shall survive any termination of these Terms and Conditions or the Customer Rewards. Any amendments to this arbitration provision shall be prospective only and shall not affect any pending claim or arbitration proceeding.

Applicable Law

The law applicable to the interpretation and construction of these Terms and Conditions in any arbitration shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Arizona, USA, without regard to principles of conflict of laws. If any Dispute is found not to be arbitrable, then ordinary choice of law rules will apply in any court proceeding in which the matter is adjudicated.