THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN THE "GOVERNING LAW; ARBITRATION" SECTION BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
By registering, joining or using the Owners' Club, you are consenting for TO to send to you electronic communications about the Owners' Club and your Membership.
Categories of Communications. You consent to receive communications relating to your Membership in electronic form. The communications covered by your consent may include, but are not limited to: (i) any initial disclosure statement or agreement governing your Membership, including these Terms and Conditions; (ii) any disclosure required by federal, state, provincial, territorial or local law, including any disclosure under the federal Electronic Fund Transfer Act, the federal Fair Credit Reporting Act and the financial privacy provisions of the Gramm-Leach-Bliley Act; (iii) any letter, notice or alert regarding your Membership, including, but not limited to, notices regarding expiration and renewal of your Membership, and any change to your Membership; and (iv) any other disclosures, notices or communications in connection with the application for, opening of, and maintenance of your Membership. Such electronic communications may include your name and certain information about your Membership, including the expiration date of your Membership and Membership renewal fee. Electronic communications may be reviewed by any party, including us, with access to your Membership, the email account you have provided to us for delivering these communications, or the hardware or software you use to view your Membership information or your email account.
How to Withdraw Your Consent. You may not apply online for a Membership, and you may not register your Membership for online services (including electronic statements or mobile alerts), additionally, we require you to provide your consent to receive electronic communications. If you have registered for online services (such as electronic statements or mobile alerts) and you subsequently wish to withdraw your consent to receive future electronic communications, you must unsubscribe from each service you have elected to receive in order to completely withdraw your consent to receive electronic communications. Any withdrawal of your consent to electronic communications will be effective only after we have a reasonable period of time to process such withdrawal request.
How to Update Your Records. You agree to promptly update your contact information, including your email address, if it changes, by providing such updated information by calling any TO Gallery or emailing [email protected].
Paper Copies of Communications. Upon your request, we will provide you with a paper copy of any communication that we provide to you electronically. If you would like a paper copy of any such communication, please email us at: [email protected] or speak to a TO Ambassador at any TO Gallery. There will be no charge for any paper copy.
Communications in Writing. All communications in either electronic or paper format from us to you will be considered to be in writing. You should print or download a copy of this consent, these Terms and Conditions and any other electronic communication that is important to you for your records.
US Federal Law. You acknowledge and agree that your consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business and communicate with you by electronic means.
The Owners' Club is a membership Programme that, subject to these Terms and Conditions and applicable law, provides members of the Owners' Club with the following TO Gallery and online benefits:
*1 The benefit of free delivery covers deliveries to ground floor with off-street parking only, and assumes easy accessibility to delivery address. In the event that a delivery is more complex and requires more than the standard truck transport and labour, such as multi-storey hand-carrying, or crane hire for high floor installation, and other such extraneous access matters, including but not limited to, where a single item weighs over 300 pounds, any additional costs shall be borne by you, the member.
Owners' Club benefits are valid only at certain TO Galleries, Noble Souls Galleries and online.
Certain products may be excluded from the Owners' Club benefits.
The Owners' Club benefits cannot be used in conjunction with any coupon or with any corporate or prearranged group discount, unless specifically stated otherwise in the applicable coupon or discount.
This Owners' Club is for individual consumers only and is not available to any company or corporate entity/enterprise. If you are a company or corporate entity/enterprise, please ask a TO Ambassador for details about our TO Trade Programmes. Without limiting the foregoing, the Owners' Club benefits cannot be used in conjunction with employee discounts, preferred friends discount or corporate or institutional discounts. TO may also offer certain existing or new Programmes, promotions, merchandise categories and other offers that are not eligible to be combined with Owners' Club benefits.
Owners' Club discounts cannot be used toward the purchase of gift cards, applicable fees for swatches, gift boxes, personalization/monogramming, shipping and handling or toward applicable taxes.
Certain items are excluded from the free delivery including small accessories. All clearance or outlet products are excluded from free delivery. Orders inclusive of product from other brands in HDB are not eligible for free delivery.
Owners' Club is not applicable in any franchise partner TO Gallery only those wholly owned galleries within the US specified below:
This list may be amended from time to time, if you require an up to date list please request it from your nearest TO Gallery or from [email protected].
You must be at least eighteen (18) years of age or older, depending on the age of majority in the place of your residence, to register for, join or use the Owners' Club.
The Owners' Club is currently free to join. TO may, in its sole and absolute discretion, change the membership fee from year to year.
Your membership will automatically renew each year.
If you wish to cancel your membership, you may do so by calling any to gallery or emailing [email protected].
Each Membership is exclusive to one Member only. Neither a Membership nor its benefits are transferable or assignable to, and may not be used by, any individual not listed on such Membership in accordance with these Terms and Conditions. You may join the Owners' Club at any TO Gallery. For Owners' Club benefits to apply to a particular purchase, your Membership must be active and available at the time of purchase. You may provide the TO Ambassador with your name, email address and phone number to verify your Membership, so that you receive your applicable Owners' Club benefits. Your Membership will become active at the time of joining the Owners' Club and point of purchase; and its benefits may be applied immediately to any purchase made after you become a Member. Enrolment and participation in the Owners' Club are voluntary, optional and not required to complete any transaction or sale, including, but not limited to, any credit or debit card transaction.
TO reserves the right, in its sole and absolute discretion, to exclude any individual(s) from the Owners' Club or to terminate any Membership, for any reason, including, without limitation, abuse of the Owners' Club, failure to follow these Terms and Conditions, or fraud, misrepresentation or other conduct detrimental to the interests of TO. Any such exclusion or termination may affect eligibility for further participation in the Owners' Club and/or any other TO Programme.
The Owners' Club makes available special discounts, savings and/or complimentary access (as applicable) with respect to certain goods and services, as expressly provided in these Terms and Conditions. Notwithstanding anything herein to the contrary, no services are made available pursuant to these Terms and Conditions; and services made available by TO are made available subject to separate terms, and certain goods may be subject to separate terms as well.
If you are a consumer residing in New Jersey, the following provisions of these Terms and Conditions do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in the "Disclaimers; Limitations of Liability" section below, the disclaimer of liability for any indirect, incidental, punitive and consequential damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act; (b) in the "Disclaimers; Limitations of Liability" section below, the limitation on liability for loss, misappropriation and/or theft of data, goodwill, income or profit, loss of or damage to property of any kind, and any other intangible losses (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) in the "Disclaimers; Limitations of Liability" section below, application of the limitations of liability to the recovery of damages that arise under breach or repudiation of contract, tort, civil liability, negligence, gross negligence or strict liability (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act; and (d) in the "Governing Law; Arbitration" section below, the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
TO may, in its sole and absolute discretion, change any provision of these Terms and Conditions, including, without limitation, Owners' Club benefits, exclusions and fees, at any time and without liability. TO may notify you of such changes by any reasonable means, including by posting revised Terms and Conditions on this page or on our websites offering the Owners' Club. Any change to these Terms and Conditions shall take effect immediately, unless otherwise provided by TO or otherwise required or prohibited by law. You may view the current version of the Terms and Conditions at any time at any TO website.
You may also obtain a copy of the current Terms and Conditions from the Timothy Oulton Website www.timothyoulton.com. It is your responsibility to check or review the Terms and Conditions from time to time to keep informed of changes. The "Last Updated" legend above indicates when these Terms and Conditions were last changed.
To the fullest extent permitted by applicable law, if you continue to use your Membership after we change these Term and Conditions, or if you do not cancel your Membership as described above, you will be indicating your acceptance of such changes. If any change to these Terms and Conditions is for any reason found invalid, void or unenforceable, such change is severable and will not affect the validity and enforceability of any remaining change or any other provision of these Terms and Conditions.
We expect Members to submit and maintain accurate and current information in connection with their Membership. Such information includes, without limitation, name, address, email address and phone number. Members are responsible for ensuring that all of their account information is up-to-date and accurate (as account information such as, without limitation, a Member's billing address may affect certain Membership renewal terms and legally mandated notice requirements). Periodically, we may use the U.S. National Change of Address (NCOA) system to update the mailing addresses for Members in our database, through information provided by the United States Postal Service. Members can change their Membership information by: (i) requesting an update from an TO Ambassador at any TO Gallery or (ii) contacting [email protected] We are not responsible or liable for any correspondence (including any physical mail or email) that is lost, delayed or misdirected.
Unless you expressly opt-out, by joining the Owners' Club, you, to the extent permitted by applicable law, automatically subscribe to TO's marketing and e-mail exclusives and will receive, and agree to receive, promotional mail and emails from TO. The foregoing applies to residents of the U.S. only. Unsubscribing from TO's marketing and/or email exclusives will not discontinue your Membership. If you do not wish to receive future marketing and/or email exclusives, you can request that they be discontinued by speaking to a TO Ambassador in a TO Gallery or contacting [email protected] We will seek to implement your request within a reasonable time period. Please note that Members who unsubscribe from TO's marketing and/or email exclusives will continue to receive non-marketing emails, postal mail and other communications from TO relating to the Owners' Club.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) USE OF THE OWNERS' CLUB AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK; (B) THE OWNERS' CLUB AND ITS BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (C) TO AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, "OWNERS' CLUB PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; AND (D) OWNERS' CLUB PROVIDERS MAKE NO WARRANTY THAT: (I) THE OWNERS' CLUB WILL MEET YOUR REQUIREMENTS; (II) THE OWNERS' CLUB WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH YOUR USE OF THE OWNERS' CLUB WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW; (A) OWNERS' CLUB PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR APPLICATION FOR MEMBERSHIP IN, YOUR PARTICIPATION IN, YOUR MEMBERSHIP IN AND/OR THE TERMINATION OF YOUR MEMBERSHIP IN, THE OWNERS' CLUB; AND (B) THE FOREGOING IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOSS, MISAPPROPRIATION AND/OR THEFT OF DATA, GOODWILL, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OF ANY KIND, ANY OTHER INTANGIBLE LOSSES AND CLAIMS OF THIRD PARTIES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE OWNERS' CLUB OR ANY BENEFITS THEREOF; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO IN CONNECTION WITH THE OWNERS' CLUB; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR OWNERS' CLUB DATA; OR (IV) ANY OTHER MATTER RELATING TO THE OWNERS' CLUB OR YOUR MEMBERSHIP.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABE LAW: THE MAXIMUM COLLECTIVE LIABILITY OF THE OWNERS' CLUB PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, HOWEVER ARISING, SHALL BE EQUAL TO THE GREATER OF (1) THE MEMBERSHIP FEES ACTUALLY PAID BY YOU TO THE OWNERS' CLUB PROVIDERS IN EXCHANGE SOLELY FOR THE RIGHT TO USE THE OWNERS' CLUB IN THE PREVIOUS TWELVE (12) MONTHS; AND (2) ONE HUNDRED U.S. DOLLARS ($100.00). EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, THE LIMITATIONS SET FORTH HEREIN SHALL APPLY WITH RESPECT TO ANY THEORY OF LEGAL LIABILITY, INCLUDING BREACH OR REPUDIATION OF CONTRACT, TORT, CIVIL LIABILITY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABE LAW, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK DAMAGES FROM THE OWNERS' CLUB PROVIDERS AS SET FORTH HEREIN, AND THAT SUCH LIMITATION REFLECTS A REASONABLE ALLOCATION OF RISK.
SOME JURISDICTIONS (AND THE LAWS OF CERTAIN JURISDICTIONS) OTHER THAN NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
We may terminate or decline to renew your Membership at our reasonable discretion, including if we suspect that you have breached any provision of these Terms and Conditions, and as otherwise provided herein. No failure to insist upon or enforce strict compliance with these Terms and Conditions will constitute a waiver of any provision hereof or any of our rights.
Subject to applicable law, these Terms and Conditions are governed by the laws of the United States (including the Federal Arbitration Act and other federal arbitration law) and the State of Delaware, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND TO, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT TO AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. If the AAA is unable or declines to administer the arbitration, the arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures, as amended by this Agreement. The Streamlined Arbitration Rules and Procedures are available online at http://www.jamsadr.com/rules-streamlined-arbitration/. If both the AAA and JAMS are unable or decline to administer the arbitration, a court of competent jurisdiction may appoint the arbitrator. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, or as otherwise required by the AAA or JAMS, as applicable. If the parties are unable to agree on a location, such determination should be made by the AAA or JAMS, as applicable, or by the arbitrator. The arbitrator's decision will follow these Terms and Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude you from bringing issues to the attention of federal, state, provincial, territorial or local agencies and, if the law allows, they can seek relief against us for you.
As between you and TO, all Owners' Club materials, including all designs, texts, graphics, logos, button icons, images, audio clips, software, and the compilation thereof (including the selection, arrangement and assembly thereof) is the exclusive property of TO, and is protected by United States and international copyright and other intellectual property laws. Unless otherwise indicated on a particular part of the Owners' Club materials, you are granted permission solely to electronically copy and print portions of the Owners' Club materials for the sole purpose of using the Owners' Club materials for your personal, non-commercial use, subject to these Terms and Conditions. Any other use of any Owners' Club materials (including any reproduction, modification, distribution, republishing, transmission, display or performance) without the prior written permission of TO is strictly prohibited.
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