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Terms And Conditions - Sam's Club
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TERMS AND CONDITIONS
Last updated on July 17, 2023
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CLUBS, SITE AND MEMBERSHIP TERMS OF USE
I. INTRODUCTION
These Terms of Use ("Terms") govern your access to and use of the SamsClub.com
site and Sam's Club Mobile Application (collectively, "Site") and Sam's Club
Stores ("Clubs"). These Terms apply to both Sam's Club Members and non-Members.
Your use of the Site constitutes your agreement to follow and be bound by these
Terms. By using the Site, you affirm that you are of legal age to enter into
these Terms, or, if you are not, that you have obtained parental or guardian
consent to enter into these Terms. If you violate or do not agree to these
Terms, then your access to and use of the Site is unauthorized.
For Sam's Club Members, these Terms also govern your Membership with Sam's Club
as further set forth in the Membership section below ("Membership Terms"). By
entering and maintaining your Sam's Club Membership, you agree to be bound by
these Terms, including the Membership Terms and the terms and conditions related
to related Sam's Club policies and programs cross-referenced in the Additional
Terms section below.
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS
FURTHER SET FORTH IN SECTION X BELOW, REQUIRES THE USE OF ARBITRATION ON AN
INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND SAM’S CLUB ARE
EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY
KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND
APPELLATE REVIEW THAN IN COURT.
We may update these Terms from time to time by notifying you of such changes by
any reasonable means, including by posting revised Terms through the Site. Any
such changes will not apply to any dispute between you and us arising prior to
the date on which we posted the revised Terms incorporating such changes or
otherwise notified you of such changes. By continuing to use or access the Site
after we post any changes, you accept the updated Terms.
The "Last Updated" legend above indicates when these Terms were last revised.
II. INTELLECTUAL PROPERTY; USE OF SITE
The Site and all materials, including images, illustrations, designs, icons,
photographs, video clips, software and written and other materials that are part
of this site (collectively, the "Contents") may be subject to copyrights,
trademarks, trade dress and/or other intellectual property owned, controlled or
licensed by Sam's Club, one of its affiliates, or by third parties who have
licensed their materials to SamsClub.com and may be protected by U.S. and
international copyright laws. Subject to your compliance with these Terms, and
solely for so long as you are permitted by Sam's Club, you may access, view,
download, and print the Contents for your personal, non-commercial use only;
provided, however, that you (1) retain all copyright, trademark, or other
proprietary designations contained on all Contents; (2) do not modify or alter
the Contents in any way except as expressly permitted; and (3) do not provide or
make available the Contents to any third party in a commercial manner.
The compilation (meaning the collection, arrangement, and assembly) of all
content on this site is the exclusive property of Sam's Club and is also
protected by U.S. and international copyright laws. If you believe that your
work has been copied and is accessible on the Site in a way that constitutes
copyright infringement, please follow the procedure outlined below in Section
III- DMCA Notice; Procedure for Making and Responding to Claims of Copyright
Infringement.
The content and software on this Site may be used only as a shopping resource.
You may download or copy the Contents and other downloadable materials displayed
on the site for your personal, non-commercial use only. No right, title or
interest in any downloaded materials or software is transferred to you as a
result of any such downloading or copying. You may not reproduce (except as
noted above), publish, transmit, distribute, display, modify, create derivative
works from, sell or participate in any sale of or exploit in any way, in whole
or in part, any of the Contents, the site or any related software.
III. DMCA NOTICE; PROCEDURE FOR MAKING AND RESPONDING TO CLAIMS OF COPYRIGHT
INFRINGEMENT
We respect the intellectual property of others. If you believe that your work
has been copied and is accessible on the site in a way that constitutes
copyright infringement please see our DMCA Procedure (available at
https://help.samsclub.com/app/answers/detail/a_id/250/~/copyright-infringement-policy)for
instructions on how to contact us to report possible copyright infringement.
IV. USER ACCOUNT, COMMENTS, AND IDEAS
You certify that any content you provide on or through the Site and Sam's Club
Communities is accurate and that the information you provide on or through the
Site is complete. You are solely responsible for maintaining the confidentiality
and security of your SamsClub.com account including username and password. Sam's
Club is not responsible for any losses arising out of the unauthorized use of
your account. You agree that Sam's Club does not have any responsibility if you
lose or share access to your device or your account. Any agreement between you
and the issuer of your credit card, debit card, or other form of payment will
continue to govern your use of such payment method on the Site. You agree that
Sam's Club is not a party to any such agreement, nor is it responsible for the
content, accuracy, or unavailability of any method used for payment. Your
account may be restricted or terminated for any reason, at our sole discretion.
Except as otherwise provided by law, at any time without notice to you, we may
(1) change, restrict access to, suspend, or discontinue the Site or any portion
of the Site; or (2) change, modify, or waive any fees required to use any
services, functionality or other content available through the Site or any
portion of the Site.
Sam's Club does not claim ownership of any comments or reviews submitted or
offered by you on or through this Site ("Comment(s)") or ideas, concepts,
feedback, or know-how ("Ideas"). By making any Comment, you agree that such
Comment is non-confidential, non-proprietary, and may be disseminated or used by
Sam's Club. If you make a Comment, you automatically grant—or warrant that the
owner of such content has expressly granted--Sam's Club a royalty-free,
perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use,
reproduce, create derivative works from, modify, publish, edit, translate,
distribute, perform, and display (publicly or otherwise) the Comments and Ideas
in any media or medium, or any form, format, or forum now known or hereafter
developed.
Sam's Club's policy is to not accept or review unsolicited Ideas.
Notwithstanding this policy, any Ideas that are submitted or offered through the
Site shall be and remain the exclusive property of Sam's Club and shall be
treated as non-confidential information. Sam's Club will be entitled to use and
disclose any Ideas you submit for any purpose whatsoever, without restriction
and without compensating you or any other party in any way.
Sam's Club may sublicense its rights in Comments and Ideas through multiple
tiers of sublicenses. Sam's Club is, and will be, under no obligation (1) to
maintain any Comment or Idea in confidence; (2) to pay any compensation for any
Comment or Idea; or (3) to respond to any Comment or Idea. You grant to Sam's
Club the right to use any name associated with any Comment or Idea that you make
available to Sam's Club, although Sam's Club has no obligation to exercise such
right, or to otherwise provide any attribution for any Comment or Idea.
You agree that you will not make any Comment that is, in whole or in part,
libelous; scandalous; inflammatory; discriminatory; defamatory; false;
threatening; vulgar; obscene; pornographic; profane; abusive; harassing;
invasive of another's privacy; hateful or bashing; aimed at gender, race, color,
sexual orientation, national origin, religious views, or disability; in
violation of local, state, national, or international law; or that infringes on,
or violates, any right of any party. Additionally, you agree that you will not:
(a) make any Comment that is an advertisement or solicitation of business; (b)
disrupt the normal flow of dialogue or make a Comment unrelated to the topic
being discussed (unless it is clear the discussion is free-form); (c) post a
chain letter or pyramid scheme; (d) impersonate another person; (e) distribute
viruses or other harmful computer code; (f) harvest or otherwise collects
information about others, including email addresses, without their consent; (g)
post the same note more than once or engage in "spamming"; (h) engage in any
other conduct that restricts or inhibits any other person from using or enjoying
the site, or which, in the sole and exclusive judgment of Sam's Club, exposes
Sam's Club or any of its licensors, partners, or customers to any liability or
detriment of any type; or (i) violates any policy posted on the Site or intended
to cause harm, damage, disable or otherwise interfere with Sam's Club or Sam's
Club partners.
You are solely responsible for any Comments you make, the consequences of making
a Comment, and your reliance on any Comments. Sam's Club is not responsible for
the consequences of any Comment. Sam's Club is not responsible for screening or
monitoring Comments.
Sam's Club reserves the right (but is not obligated) to: (a) record any Comment
you make on the site; (b) investigate an allegation that a Comment does not
comply with these Terms; (c) determine in its sole discretion to remove or
request the removal of Comments which are abusive, illegal, disruptive, or
outdated, or that otherwise fail to comply with these Terms; (d) terminate a
user's access to any or all parts of the site upon any breach of these Terms or
the law; and (e) monitor, edit, or disclose any Comment, regardless of whether
such Comment violates these Terms. Sam's Club will have no liability or
responsibility to users for performance or nonperformance of such activities.
V. MERCHANDISE ON SITE AND IN CLUBS
A. NO REPRESENTATIONS AS TO MERCHANDISE
* The Site may make available listings, descriptions, and images of goods and
services ("Products"). Such Products may be made available by us or by third
parties. We make no representations as to the completeness, accuracy,
reliability, validity, or timeliness of such listings, descriptions, or
images (including any features, specifications, and prices contained on the
Sites). Such information and the availability of any Product are subject to
change at any time without notice.
* We try to display colors of Products as accurately as possible on the Site.
However, as the actual colors you see will depend on your monitor and various
other factors, we cannot guarantee that the actual display of any color will
be accurate.
B. PRODUCT AVAILABILITY AND PRICING
* Prices and availability for Products are subject to change without notice.
* Sam's Club strives to provide accurate product and pricing information.
However, pricing, pictorial or typographical errors may occur, and product
descriptions and pricing information are never guaranteed. In the event that
an item is listed at an incorrect price or with incorrect information due to
an error in pricing or other product information, Sam's Club shall have the
right, at its sole discretion, to either refuse or cancel any orders placed
for that item, or contact you for notification and instructions on such
cancellation, even after your receipt of order confirmation or shipping
notice from Sam's Club. Without limitation to the terms above, Sam's Club
does not represent that any Product listing on this website is accurate and
expressly disclaims any liability relating to accuracy.
* Unless otherwise noted, prices for Products on the Site do not include
shipping costs or applicable taxes.
* Sam's Club reserves the right to limit quantities to normal retail purchases
or one-per-Member or household, and to exclude resellers.
* We strive to provide you with the lowest costs possible on the site as well
as in our warehouses. In our effort to provide you with the lowest costs in
your particular geographic region, warehouse prices will sometimes differ
from online prices.
* Fuel prices shown online are updated frequently, but may not reflect the
price at the pump at the time of purchase. All sales will be made at the
price posted on the pumps at each Sam's Club location at the time of
purchase.
VI. SAM'S CLUB MEMBERSHIP TERMS AND PURCHASES
This section includes terms specific to Sam's Club Members ("Members") and does
not apply to non-Members.
A. GENERAL MEMBERSHIP POLICIES
* Members must be 18 years of age or older and have a valid form of
government-issued identification or other Sam's approved identification.
* Sam's Club reserves the right to accept, refuse, or revoke Membership with or
without cause at any time at its sole discretion.
* Annual Membership fee covers a 12-month period.
* Limit one Plus Membership per household or business and one Plus membership
cancellation or one membership downgrade refund per year.
* Members are welcome to bring their children or guardians and up to two guests
per visit to any Sam's Club location. A Member must accompany their children
or guardians and their guests at all times. Members are responsible for any
damage or other liability caused by themselves, their children or guardians,
and their guests.
* Sam's Club reserves the right to inspect any container, backpack, briefcase
or other bag of any person upon entering or leaving any Sam's Club location
and to refuse entry to anyone at our discretion.
* Receipts: To ensure that you are charged correctly for the merchandise you
have selected, Sam's Club may inspect or electronically scan your merchandise
and electronic/phone or paper copy receipt(s) when you exit any Sam's Club
location.
* Sam's Club reserves the right to request consumers to show their Sam's Club
membership card (physical or digital card) upon entry to a Sam's Club
facility. Notwithstanding anything to the contrary, consumers are allowed to
shop at Sam's Club without a Sam's Club membership where required by law.
B. MEMBERSHIP PERIOD, CARDS AND FEES
* Report a lost or stolen card immediately at any Sam's Club Member Services
Desk or by calling 888-746-7726.
* The Primary Member and Complimentary Household Cardholder (hereinafter
referred to as "Member" unless specifically stated otherwise) are responsible
for Membership, including the annual membership fee and account maintenance.
* All Primary Members may add one Complimentary Household Cardholder. The
Complimentary Household Cardholder may be the Primary Member's spouse,
domestic partner, or person living in the same household who is 18 years of
age or older. Other individuals are not eligible to be Complimentary
Household Cardholders.
* Membership cards are non-transferable and are valid at all Sam's Club
locations nationwide and to make purchases on the Site.
* Sam's Club reserves the right to require Members to take a photo in order to
verify the Member's identity notwithstanding whether photo is on the
Membership Card.
* A Membership includes a Complimentary Card in addition to the Primary Member
card.
* Sam's Club Members may obtain up to eight (8) Add-on Memberships for an
additional fee. Visit a Sam's Club store or call 888-746-7726 to learn about
the terms and costs of Add-on Memberships.
* Sam's Plus Members may obtain up to sixteen (16) additional Add-on
Memberships for an additional fee.
* Sam's Plus Members are eligible for Free Shipping subject to the terms
available here.
* Add-on Memberships include a card for the Primary Add-on Member and an Add-on
Complimentary Household Cardholder.
* The Membership period for an Add-on Member will coincide with the Primary
Member's membership period. The Membership fee for an Add-On Member added
after the Primary Member may be pro-rated.
C. MEMBERSHIP RENEWAL AND CANCELLATION
1. Auto-renew Program
* Members not enrolled in the Auto-renew Program may enroll in the
Auto-renew Program at any time under then-current Terms.
* If the Primary Member or Complimentary Household Cardholder enrolls in the
Auto-renew Program, Sam's Club will automatically charge the Membership
fee, plus the fee for any existing Add-On Memberships and any applicable
taxes, to any card on file or any payment method in the digital wallet
approximately one day before the end of the Membership term. By enrolling
in the Auto-renew Program, the Primary and Complimentary Member authorizes
Sam's Club to charge the scheduled payments (or any adjustment thereof) to
any card on file or any payment method in the digital wallet, and
represents that they are the owner or authorized user of the account(s)
and payment methods to be charged.
* Sam's Club will send information about the Auto-renew Program and
Membership renewal by email and/or mail. A valid email address is required
for enrollment in the Auto-renew Program when Members enroll online.
Members may update payment and other account information online or by
calling 1-888-746-7726. By enrolling in the Auto-renew Program, a Member
agrees to receive communication about Membership renewals only by email
and to receive marketing and promotional email from Sam's Club.
* A Member's authorization under the Auto-renew Program allows Sam's Club to
adjust the scheduled charge to reflect any changes to the Membership fee,
Add-On Membership fee (if applicable), or taxes. Sam's Club will notify
the Member by email, at least 10 days prior to making any charge, if there
is a change to the fee. Although payment will usually be processed on the
scheduled date, the Member should allow several days for processing.
* ALL AUTHORIZATIONS UNDER THE AUTO-RENEW PROGRAM REMAIN IN EFFECT UNTIL THE
AUTOMATIC RENEWAL OPTION IS CANCELLED. Members may cancel enrollment in
the Auto-renew Program at any time online through the Site, in Clubs, or
by calling 1-888-746-7726. Cancellation of enrollment in the Auto-renew
Program is distinct from cancellation of your Sam's Club Membership. A
Member can keep his/her Membership active after unenrolling in the
Auto-renew Program by paying the renewal fee in Clubs, online or by
calling 1-888-746-7726.
* Continued participation in the Auto-renew Program after any changes to
these Terms or changes to the Membership fee constitutes acceptance of the
changes.
2. Automatic Billing for Members with Sam's Club Credit
Primary Members with a Sam's Club Credit Account will be automatically
billed for Membership renewal unless otherwise specified. You will not
receive a new card each year. See Sam's Club Credit Terms for additional
information.
3. Members Not Enrolled in Auto-renew Program
* Members will receive a renewal notice and invoice by their specified
preferred method of contact unless enrolled in the Auto-renew Program.
* Only the Primary Member may authorize renewal or cardholder changes
(including Add-On Memberships for Members who operate a business).
* Members may renew their Membership online, by mail, in Clubs, or by
calling 888-746-7726.
* A renewal initiated within sixty (60) days after your expiration date will
extend your Membership for twelve (12) months from the expiration date. If
your Membership has been expired for more than sixty (60) days, Sam's Club
has discretion to extend your Membership for twelve (12) months from the
date you initiated the renewal.
4. Cancelling your Membership
Members may cancel their Membership at any time in Clubs or by calling
1-888-746-7726. Members may cancel enrollment in the Auto-renew Program at
any time in Clubs, by calling 1-888-746-7726, or online through their
account. Members with a Sam's Club Credit Account who are automatically
billed for Membership renewal via that Account may also be required to
contact the card issuer to unenroll from the automatic billing program.
D. PAYMENT IN CLUBS AND ONLINE
* For in-store purchases, Sam's Club accepts checks as set forth below, cash,
Sam's Club Credit, Wal-Mart® Credit, American Express®, MasterCard®, Visa®,
Discover®, EBT (electronic benefits transfer), debit cards, prepaid credit
cards, and Walmart and Sam's Club Gift/e-Gift Cards.
* For online purchases, Sam's Club accepts Sam's Club Credit, American
Express®, MasterCard®, Visa®, Discover®, debit cards, prepaid credit cards,
Sam's Club Credit Direct Accounts (if registered the account is registered
online), digital wallet service -Visa Checkout, and Walmart and Sam's Club
Gift/e-Gift Cards.
* Some Sam's Club fuel station payment options may vary by location and some
may not accept cash.
* Checks will be accepted if they are preprinted from a Member's checking
account or Member's business checking account with the Member's name and/or
Member's Business Name, address and phone number as they appear on the Member
account, and provided the amount is written in the exact amount of the
purchase.
* Government issued photo identification or other photo identification chosen
by Sam's Club (such as a driver's license or passport) may be required.
E. USE OF RESALE PERMIT OR TRANSACTION OF PRIVILEGE TAX LICENSE (TAX-EXEMPT) FOR
IN-STORE PURCHASES
* Members who own or operate a business must declare to the cashier any
merchandise that is being purchased for resale or that is otherwise
tax-exempt.
* A tax-exempt organization may purchase tax-free. All items purchased must be
used exclusively by the tax-exempt organization for tax-exempt purposes only.
* To obtain tax-exempt purchasing privileges, Members must present a valid
state tax-exempt number or Sales and Use tax license (or photo copy) with a
Membership application and renew it once every three years at Sam's Club.
* If the Member buys any property for resale and uses that property for any
purpose other than retention, demonstration or display while holding it for
sale, the law requires the Member to report and pay tax, measured by the
purchase price or other authorized amount.
* Members will hold Sam's Club harmless from and will indemnify Sam's Club
against any claim, loss or expense occurring from any failure to comply with
resale permits or tax-exempt requirements, and Membership will be subject to
immediate forfeiture.
F. USE OF RESALE PERMIT OR TRANSACTION OF PRIVILEGE TAX LICENSE (TAX-EXEMPT) FOR
ONLINE PURCHASES
To obtain tax-exempt purchasing privileges for online purchases, Members must
register as Tax Exempt and be approved for Tax Exempt Status.
VII. PRIVACY
You acknowledge that any personal information that you provide through the Site,
online or in Clubs will be used by Sam's Club in accordance with Sam's Club
Privacy Policy (available at
https://corporate.samsclub.com/sams-club-privacy-policy, which may be updated by
Sam's Club from time to time).
VIII. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE
LAW, IN NO EVENT WILL SAM'S CLUB, OR ITS DIRECTORS, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER
PERSON, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL
LOSSES OR DAMAGES, OR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, ARISING OUT OF OR
RELATED TO YOUR MEMBERSHIP OR PARTICIPATION IN SAM'S CLUB SERVICES OR YOUR USE
OF THE SITE, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE. TO THE
FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY
DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST
PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS,
COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION,
COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND
ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST
EXTENT PROVIDED BY APPLICABLE LAW, NO SAM'S CLUB ENTITY WILL BE LIABLE FOR ANY
DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE
SITE AND YOUR MEMBERSHIP DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON
WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY
APPLICABLE LAW, NO SAM'S CLUB ENTITY WILL BE LIABLE FOR ANY DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE
RETAILER), SHOPPER, OR OTHER USER OF THE SITE.
IX. INDEMNIFICATION
You agree to defend (at Sam's Club option), indemnify, and hold Sam's Club
harmless from and against any and all liabilities, claims, damages, costs, and
expenses, including attorneys' fees and costs, arising from or related to your
misuse of the Site or any breach by you of these Terms. Sam's Club reserves the
right, at our expense, to assume exclusive defense and control of any matter
otherwise subject to indemnification by you and, in any case, you agree to
cooperate with Sam's Club if and as requested by Sam's Club in the defense and
settlement of such matter.
X. DISPUTES, ARBITRATION, AND APPLICABLE LAW
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL
RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Sam's Club welcomes and
encourages you to reach out to its Customer Service representatives regarding
any issues or concerns you may have. This agreement does not in any way alter
your ability to bring concerns to the attention of Sam's Club Customer Service
at 888-746-7726, or visiting http://help.samsclub.com/app/ask.
A. ARBITRATION AGREEMENT.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL
DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT
OF THE RELATIONSHIP BETWEEN YOU AND SAM’S CLUB, INCLUDING ANY PRODUCTS OR
SERVICES OFFERED OR SOLD BY SAM’S CLUB, WHETHER BASED IN CONTRACT, TORT,
STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED
THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD
OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS,
YOU AND SAM’S CLUB AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO
HAVE A TRIAL BY A JURY. This paragraph may be referred to as the Arbitration
Agreement in these Terms.
B. CLASS ACTION AND MASS ACTION WAIVER.
YOU AND SAM’S CLUB AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION
AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and Sam’s Club each agree
to waive the right to have any dispute or claim subject to the Arbitration
Agreement brought, heard, administered, resolved, or arbitrated as a class
arbitration, class action, collective action, or Mass Action to the maximum
extent permitted by law. “Mass Action” means a situation in which a party is
represented by a law firm or other representative, or a collection of law firms
or other representatives, that has initiated more than one hundred (100)
arbitration Demands with common questions of law or fact against Sam’s Club
within 180 days of initiating your arbitration Demand. This paragraph may be
referred to as the “Class Action and Mass Action Waiver” in these Terms. Nothing
in these Terms precludes you from bringing issues to the attention of federal,
state, or local government agencies and, if the applicable law allows, such
agencies may seek relief against Sam’s Club for you.
C. INITIATING A DEMAND FOR ARBITRATION.
Any arbitration required by the Arbitration Agreement shall be initiated by You
or Sam’s Club by sending the other a written demand for arbitration (“Demand”)
only via first-class mail, FedEx, or UPS within the statute of limitations
period. Your Demand shall be delivered to: Sam’s Club Legal Department, 702 SW
8th Street, Mailstop 0215, Bentonville, AR 72716. The Demand must include (i)
the name, telephone number, mailing address, and email address of the person or
entity seeking arbitration; (ii) a statement of the legal claims asserted and
the factual basis for those claims; (iii) a description of the remedy sought and
an accurate, good-faith calculation of the amount in controversy; (iv) the
original personal signature of the party seeking arbitration; and (v) the
original personal signature of any legal counsel or other representative
purporting to represent the party seeking arbitration. For purposes of this
paragraph, “original personal signature” does not include any digital, scanned,
electronic, copied, or facsimile signature. An original personal signature on
the Demand certifies the following: (i) the Demand is not being presented for
any improper purpose, such as to harass, cause unnecessary delay, or needlessly
increase the cost of litigation; (ii) the claims and other legal contentions are
warranted by existing law or by a non-frivolous argument for extending,
modifying, or reversing existing law or for establishing new law; and (iii) the
factual contentions have evidentiary support or, if specifically so identified,
will likely have evidentiary support after a reasonable opportunity for further
investigation or discovery. The original personal signature by the party seeking
arbitration shall verify under penalty of perjury that the factual statements
contained in the Demand are true and correct. Compliance with this paragraph
tolls any applicable statute of limitations as to any dispute or claim subject
to the Arbitration Agreement that is stated in the Demand.
D. FILING A DEMAND FOR ARBITRATION.
A party seeking arbitration of any dispute or claim subject to the Arbitration
Agreement shall submit a copy of the Demand to the American Arbitration
Association (“AAA”) sixty (60) or more days after the Demand is initiated
pursuant to Section X(C) of these Terms. The arbitration will be administered by
the AAA pursuant to the current AAA Consumer Arbitration Rules, except to the
extent modified by these Terms. The AAA rules and instructions are available on
the AAA website at www.adr.org/consumer.
E. CONDUCT OF ARBITRATION.
In any arbitration of a dispute or claim that is subject to the Arbitration
Agreement:
1. You or Sam’s Club may file such dispositive motions as would be permitted by
the Federal Rules of Civil Procedure without obtaining permission from the
arbitrator. Upon the filing of any dispositive motion, the arbitrator may
stay all further action and deadlines in the arbitration until deciding such
motion.
2. The parties shall have the right to conduct such discovery from the opposing
party or any third party that is proportional to the needs of the claim or
dispute, considering the importance of the issues at stake, the amount in
controversy, the importance of the discovery in resolving the issues, and
whether the burden or expense of the proposed discovery outweighs its likely
benefit. Proportionality shall be decided by the arbitrator when requested
by either party.
3. The arbitrator shall conduct any calls, conferences, or hearings by
teleconference or videoconference, unless the arbitrator determines that an
in-person hearing is appropriate. Any in-person hearing will be held at a
location that is reasonably convenient. You and an employee of Sam’s Club
shall attend all arbitrator calls, conferences, and hearings.
4. A party may make a written offer of judgment at least seven (7) days before
the date set for the arbitration hearing.
5. If the arbitrator finds that a party’s claim, counterclaim, or appeal was
frivolous, asserted in bad faith, or pursued for purposes of harassment, the
arbitrator shall award the opposing party its attorneys’ fees, costs, and
expenses and all amounts charged by AAA for the arbitration.
6. The arbitrator will follow these Terms and the law. The arbitrator shall not
have the authority to commit errors of law or legal reasoning. 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, though the individual relief awarded by the
arbitrator may incidentally affect non-parties.
7. You or Sam’s Club may appeal an arbitration award that manifestly disregards
the law by filing a notice of appeal with the AAA within 30 days after an
award is rendered and delivered to the parties. The appeal shall be heard by
a single arbitrator unless the parties agree to a multi-arbitrator appellate
panel. The arbitrator(s) assigned to the appeal shall be selected by
agreement of the parties from among those on the AAA Appellate Panel. If the
parties are unable to agree, AAA shall appoint the arbitrator(s) from among
those on the AAA Appellate Panel. An arbitrator who previously presided over
any aspect of a case shall be ineligible from serving as an appellate
arbitrator in that same case. The appeal, including briefing, shall be
conducted pursuant to the parties’ agreement or the appellate arbitrator(s)’
orders if the parties are unable to agree.
F. PROCESS FOR ARBITRATION BELLWETHER DEMANDS.
If twenty-five (25) or more Demands for arbitration of a dispute or claim
subject to the Arbitration Agreement are initiated (i) that involve common
questions of law or fact and (ii) where the initiating parties are represented
by the same law firm, the same group of coordinated law firms, or the same
representative, then such Demands shall be coordinated pursuant to this
paragraph. The group of claimants and group of respondents shall each select
five (5) Demands, for a total of ten (10), to be filed with AAA (collectively
the “Bellwether Demands”). Each of the Bellwether Demands shall be assigned by
AAA to a different arbitrator chosen from its national roster. After ninety (90)
days from the date all Bellwether Demands have been arbitrated and any appeals
exhausted, any remaining Demands subject to this paragraph may be filed with
AAA. The AAA Supplementary Rules for Multiple Case Filings shall apply to the
extent they are not inconsistent with this paragraph. Notwithstanding any other
provision in the Terms, You and Sam’s Club agree that a court of competent
jurisdiction shall have authority to enforce the terms of this paragraph with
injunctive or other relief.
G. SEVERABILITY.
If (i) any dispute or claim subject to the Arbitration Agreement is filed as a
class arbitration, class action, collective action, representative action, or
Mass Action and (ii) if the Class Action and Mass Action Waiver is held invalid
or unenforceable as to such dispute or claim, then the Arbitration Agreement
does not apply to that dispute or claim and such dispute or claim must be
brought in a court of competent jurisdiction. If any provision of Section X
other than the Class Action and Mass Action Waiver is held invalid or
unenforceable as to a particular dispute or claim, then such provision shall be
severed from the Terms, and the remainder of the Terms shall be enforceable to
the maximum extent permitted by law.
H. APPLICABLE LAW.
The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement
of Section X of these Terms. If the FAA is found not to apply to any portion of
Section X of these Terms, then the applicable laws of the State of Arkansas
shall apply without regard to choice-of-law principles
XI. TERMINATION
These Terms are effective unless and until terminated by either you or Sam's
Club. You may terminate these Terms at any time, provided that you discontinue
any further use of the Site and cancel your membership. We also may terminate
these Terms at any time and may do so immediately without notice, and deny you
access to the Site, if in our sole discretion you fail to comply with any term
or provision of these Terms. Upon any termination of these Terms by either you
or Sam's Club, you must promptly destroy all Materials and other Content
downloaded or otherwise obtained from the Site, as well as all copies of such
Content, whether made under these Terms or otherwise. The following sections
survive termination of these Terms: Intellectual Property, User Ideas, Sam's
Club Membership Terms and In-Store Purchases, Limitation of Liability,
Indemnification, Disputes, Arbitration, and Applicable Law.
XII. GENERAL
These Terms represent the complete agreement and understanding between you and
Sam’s Club and supersede all prior agreements and representations between the
parties with respect to the subject matter of these Terms. These Terms do not,
and shall not be construed to, create any partnership, joint venture,
employer-employee, agency, or franchisor-franchisee relationship between you and
Sam’s Club. Headings used in these Terms of Use are for reference purposes only
and in no way define or limit the scope of the section. Except as provided in
Section X above, if any provision of these Terms is held to be unenforceable for
any reason, such provision will be reformed only to the extent necessary to make
it enforceable and the other terms of these Terms will remain in full force and
effect. Except as provided in Section X above, these Terms shall be interpreted
and governed by the applicable laws of the State of Arkansas without regard to
choice-of-law principles. The failure of Sam’s Club to act with respect to a
breach of these Terms by you or others does not constitute a waiver and will not
limit Sam’s Club’s rights with respect to such breach or any subsequent
breaches. You may not assign, transfer, or sublicense any or all of your rights
or obligations under these Terms without our express prior written consent. We
may assign, transfer, or sublicense any or all of our rights or obligations
under these Terms without restriction. Any use of the term “including” or
variations thereof in these Terms shall be construed as if followed by the
phrase “without limitation.” Notices to you (including notices of changes to
this these Terms) may be made via posting to the Site or by e-mail (including in
each case via links), or by regular mail. Without limitation, a printed version
of these Terms and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to these Terms to
the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
XIII. ADDITIONAL TERMS
Sam's Club may from time to time and in its discretion incorporate additional
terms to these Terms that govern specific benefits and programs related to
Members. The following additional terms are incorporated by reference and govern
your use of the Site and your Membership, as applicable:
* Clubs, Site & Membership
* Sam’s Club Membership Free Trial
* Sam's Cash™ Loyalty Rewards Program
* Curbside Pickup
* Free Shipping
* Sam’s Club Delivery
* Free Tire Repair
* Instant Savings
* Photos and Customization
* Prescription Eyeglasses
* Prescriptions Program
* Satisfaction Guarantee
* Subscription Order Services
* Third-Party Service Subscription
* Scan and Go
XIV. HOW TO CONTACT US
If you have any questions or comments, please contact us at
http://help.samsclub.com/app/ask, by mail at 2101 SE Simple Savings Drive,
Bentonville, AR 72716-0745, or by phone at 888-746-7726.
Please note that e-mail communications will not necessarily be secure;
accordingly, you should not include credit card information or other sensitive
information in your e-mail correspondence with us. California residents may
reach the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs by mail at 1625 North Market Blvd.,
Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
SAM’S CLUB REFER A FRIEND TERMS OF USE
Sam’s Club may, from time to time, offer Sam’s Club members the opportunity to
refer friends to try the Sam’s Club membership program ("Sam’s Club Referral
Program"). We reserve the right to terminate the Sam’s Club Referral Program at
any time for any reason without notice to you. The Sam’s Club Referral Program
is administered on our behalf by Friendbuy, Inc., 2516 Via Tejon, Suite 201,
Palos Verdes Estates, California, 90274 ("Service Provider"). Participation in
the Sam’s Club Referral Program is at all times subject to your compliance with
Sam’s Club Membership Terms and Conditions.
SAM’S CLUB REFERRAL PROGRAM PARTICIPATION, GENERALLY
To participate, Sam’s Club members will receive a ”Refer a Friend” email or text
with a unique personal URL and must follow the instructions in the email or text
and link to refer up friends, family members or colleagues to the Sam’s Club
Referral Program. Sam’s Club who make referrals are called "Referrers."
Individuals who receive a referral are called "Referred Customers." Referrers
and Referred Customers who are fully-compliant with these terms of use will
sometimes each earn Sam’s Club Referral Program incentives (“Incentives”) for
every "Qualified Referral" as set forth further below and as set forth in the
email.
ELIGIBLE REFERRER
To be an "Eligible Referrer” you must:
1. be a legal resident of the United States of America;
2. be at least 18 years old;
3. have a valid active Sam’s Club membership; and
4. be in compliance with Sam’s Club Membership Terms and Condition, and comply
with all of the terms set forth herein.
MAKING AND RECEIVING A REFERRAL
To make referrals, you must receive an email or text with a unique referral link
("Personal Link") that you can copy and then send to friends, family members, or
colleagues. Individuals to whom you send the Personal Link are Referred
Customers. Personal Links may be issued only to individuals who can legally
become a Sam’s Club member.
You cannot refer yourself. For example, you may not create multiple or fake
accounts with Sam’s Club or participate in the Sam’s Club Referral Program using
multiple or fake email addresses or identities.
Referred Customers will receive an email or text containing the Personal Link
from their Eligible Referrer. Referred Customers must click the provided
Personal Link, which will connect them to the enrollment process for a Sam’s
Club membership. In order for the Eligible Referrer and Referred Customer to
earn an Incentive, the Referred Customer must be eligible to establish a Sam’s
Club membership account and must complete the required enrollment process
(provided through the Personal Link), and after the expiration of any relevant
trial membership period, their membership must convert to a fully-paid annual
Sam’s Club membership.
QUALIFIED REFERRALS
A Qualified Referral means that all the following conditions are met:
1. The Referred Customer has enrolled in and paid an annual Sam’s Club
membership and otherwise completed the registration process for a Sam’s Club
membership, using the "Personal Link" provided by an Eligible Referrer as
set forth above. If a Referred Customer enrolls in a Sam’s Club membership
using any other link or method, the registration will not count as a
Qualified Referral, and neither party will earn an Incentive.;
2. Referred Customer has not previously enrolled in a Sam’s Club membership
(either trial or paid membership) under any email address or alias;
3. The Referred Customer is a) a legal resident of the United States of America
and b) at least 18 years old; and
4. Only one Qualified Referral can be earned for each Referred Customer.
EARNING INCENTIVES
Eligible Referrers, may sometimes receive one (1) Incentive valued from $0 up to
$20 for your next in-club visit for each verified Qualified Referral generated.
If Incentives are available for Eligible Referrers, the incentive will be stated
in the email or text to the Eligible Referrer, and is only available for
redemption in-club at a cash register or using the Sam’s Club Scan & Go™
Checkout app and is limited to five (5) Incentives. Incentives are not available
for redemption on SamsClub.com or Curbside Pickup.
Referred Customers will receive one (1) Incentive valued up to $20 discount on
the price of a Club-level Sam’s Club membership once the initial Referral
becomes a Qualified Referral according to the terms set forth herein. This
incentive may not be combined with other incentives, promotions or discounts.
All earned Incentives are subject to verification. Sam’s Club may delay issuing
an Incentive for the purposes of investigation. Sam’s Club may also refuse to
verify and process any transaction Sam’s Club deems, in its sole discretion, to
be fraudulent, suspicious, in violation of these terms of use, or believes will
impose potential liability on Sam’s Club, its subsidiaries, affiliates or any of
their respective officers, directors, employees, representatives or agents.
REDEEMING INCENTIVES BY ELIGIBLE REFERRERS
When Incentives are available to Eligible Referrers, they may be redeemed by
Eligible Referrer in-club at a cash register or using the Sam’s Club Scan & Go
Checkout app and is limited to five (5) Incentives. A minimum purchase in the
amount of $20 is required for each $20 incentive used. Incentives are not
available for redemption on SamsClub.com or Curbside Pickup. Incentives may not
be redeemed for cash. Some products may not be eligible for purchase through the
use of an Incentive. Incentives will expire as stated in the email or text.
REDEEMING INCENTIVES BY REFERRED CUSTOMERS
Only one (1) Incentive may be redeemed by a Referred Customer through the Offer
Page connected to the personal link sent by an Eligible Referrer, and cannot be
combined with any other incentive or promotional offers. Incentives may not be
redeemed by Referred Customers in Sam’s Club physical locations. Incentives may
not be redeemed for cash.
BULK DISTRIBUTION ("SPAM")
Bulk email distribution, distribution to strangers, or any other promotion of a
Personal Link in a manner that would constitute or appear to constitute
unsolicited commercial email or "spam" in Sam’s Club sole discretion is
expressly prohibited and may be grounds for immediate termination of your
membership and deactivation of the Personal Link.
ADDITIONAL TERMS, CONDITIONS, EXCLUSIONS, AND RESTRICTIONS ("SPAM")
Additional terms, conditions, exclusions, and restrictions may apply to your use
of Incentives; Incentives may expire if not used by the date specified in the
delivery email (if any). Incentives accumulated under the Sam’s Club Referral
Program have no monetary or cash value and are for individual use only and may
not be transferred to any individual, group, company, or other entity. Any
Incentives you have earned, as well as your membership account under the Sam’s
Club Referral Program are personal to you and may not be sold, transferred, or
assigned to, or shared with, family, friends, or others. We reserve the right
(in our sole discretion) to deduct Incentives that were issued in error or that
were not earned legitimately. Once an Incentive has been redeemed, redemption is
considered final, and no changes may be made by you. Partial redemption of
Incentives are not allowed. Incentives may not be reused. Participation in the
Sam’s Club Referral Program and the receipt of or redemption of Incentives may
result in tax liability to you. Any tax, liability, or expense arising from
participation in the Sam’s Club Referral Program, and accumulation or redemption
of Incentives by you or in connection with your membership account is your sole
responsibility. We reserve the right to modify, limit, terminate, discontinue,
or cancel the Sam’s Club Referral Program, its benefits, and these terms at any
time in our sole discretion and without notice to you. At any time, we may
change the monetary value of unissued Incentives, or cap the number of
Incentives you may earn in any time period. The accumulation of Incentives does
not entitle Sam’s Club Referral Program participants to any vested right with
respect to the Incentives or the Sam’s Club Referral Program. You agree Sam’s
Club or Walmart will not have any liability for any modification or termination
of the Sam’s Club Referral Program, even if any modification or termination
affects your ability to use any Incentives already accumulated. Upon termination
of the Sam’s Club Referral Program, your Incentives may automatically be
cancelled, and you will not be permitted to redeem those Incentives. Incentives
are void where prohibited by applicable law. We are not responsible for
Incentives lost through your own negligence, or due to fraudulent or
unauthorized use of your account. You agree not to engage in fraud or abuse in
the accumulation of Incentives or use of any Personal Links provided to you. Any
fraud or abuse relating to your accumulation of Incentives or submission of
Referred Customers may result in the annulment of all Incentives earned under
the Sam’s Club Referral Program as well as cancellation of your account. We
reserve the right to monitor all Sam’s Club Referral Program account activity
and terminate your account and/or your participation in the Sam’s Club Referral
Program if Sam’s Club believes (in its sole discretion) that you have violated
these Terms of Use, or the Sam’s Club Membership Terms of Use or any other terms
applicable to the Sam’s Club Referral Program, provided false or inaccurate
information, abused the Sam’s Club Referral Program, or that the use of your
account is unauthorized, fraudulent, or otherwise unlawful or in violation of
these terms. Sam’s Club will have final decision in any disputes over
Incentives, Qualified Referrals, or your participation in the Sam’s Club
Referral Program.
SAM'S CASH™ LOYALTY REWARDS PROGRAM TERMS & CONDITIONS
I. INTRODUCTION
The Sam's Cash Loyalty Rewards Program (the "Sam's Cash Program") is a rewards
currency program that allows U.S. and Puerto Rico Sam's Club Members to earn and
redeem Sam's Cash on qualifying purchases made in the U.S. and in Puerto Rico as
set forth below in these Terms ("Sam's Cash Terms and Conditions"). Sam's Cash
are rewards which can be earned by Sam's Club Members by making qualifying
purchases in accordance with these Sam's Cash Terms and Conditions. Sam's Cash
has no cash value until such time as the rewards are redeemed at a Sam's Club.
The Sam's Cash Terms and Conditions are subject to change and may be revised
without notice.
Participation in the Sam's Cash Program is automatic and subject to the Sam's
Cash Terms and Conditions, the Sam's Club Membership Terms and Conditions, and
other Sam's Club rules and policies that may be applicable.
IMPORTANT: SAM'S CLUB MEMBERS HAVE NO OWNERSHIP INTEREST IN SAM'S CASH, AND
THESE REWARDS COLLECTED DO NOT CONSTITUTE PROPERTY. THE USE OF THE WORD "EARN"
IN THESE SAM'S CASH TERMS AND CONDITIONS OR IN SAM'S CASH PROGRAM MARKETING
MATERIALS DOES NOT IMPLY THAT SAM'S CASH HAVE ANY VALUE PRIOR TO REDEMPTION.
II. EARNING SAM'S CASH™
Sam's Cash can only be redeemed by active Sam's Club Members.
Sam's Cash cannot be earned where application of the Sam's Cash Program would be
prohibited by law or regulation.
Sam’s Club reserves the right to limit Sam’s Cash when there’s potential fraud,
abuse, or violation of Sam’s Club policies and practices as determined by Sam’s
Club in its sole discretion.
A. EARNING WITH SAM'S CLUB PLUS MEMBERSHIP
* Sam's Club Plus Members earn 2% in Sam's Cash on qualifying pre-tax purchases
directly from Sam's Club made in clubs and through Curbside Pickup. Sam's
Club Plus Members do not earn 2% in Sam's Cash from third parties nor for
online purchases (i.e., direct ship to home or elsewhere, ship from club,
delivered to home or elsewhere, etc.).
* Sam's Club Plus Members may earn up to $500 annually in Sam's Cash based on
Sam's Club qualifying purchases per Member's membership year.
* When qualified purchases are returned for refund, the earned value of Sam's
Cash is deducted from accrual of Sam's Cash.
* For online purchases, the earned value of Sam’s Cash is deducted from the
accrual of Sam’s Cash when qualified purchases are returned for refund. For
in-club and Scan and Go™ purchases, the earned value of Sam’s Cash may be
refunded in the form of a gift card or cash. For Plus Members, only
qualifying purchases made by the Primary Member or Complimentary Household
Cardholder in a Sam's Club store in the United States qualify to earn Sam's
Cash. Sam's Club Add-On Members do not qualify to earn 2% Sam's Cash for
themselves or for their Primary Member.
* Sam's Club reserves the right to modify qualifying purchases as determined at
Sam's Club discretion.
Sam's Cash from Sam's Club Plus membership is not earned for purchases of the
following:
* Alcoholic beverages
* Tobacco
* Fuel
* Milk and certain dairy products
* Merchandise or services sold or provided on SamsClub.com website including
those websites not hosted by Sam's Club, even if accessed through
SamsClub.com.
* Auctions
* Gift cards, including third party gift cards and eGift Cards
* Inventory, sales, or services belonging to or offered by third parties
(including but not limited to mobile phone contracts, extended warranty
programs, travel, identity protection services, subscriptions, auto buying
program, insurance, merchant credit card payment processing services,
business payment solutions, service plans, delivery, etc.)
* Membership fees
* Prescription-related products including but not limited to:
* Prescription products such as prescription pet medications, prescription
drugs, prescription glasses/contacts and prescription medical supplies
* Prescription co-pays or deductibles
* Healthcare services related to prescription products (examples – vision
exam)
* Purchases submitted to any health benefit program, pharmacy benefit
program, insurer, or state/federal government health care program
* Postage stamps
* Services and labor offered by Sam's Club (examples – delivery fees, tire
installation, Curbside Pickup fees, etc.)
* Taxes and fees (including sales tax, deposits, miscellaneous fees, etc.)
Sam's Club reserves the right to add, modify or delete qualifying restrictions
on product categories or products from the above list without notice.
B. EARNING WITH THE SAM'S CLUB® MASTERCARD®
Sam's Club Members may earn up to $5,000 in Sam's Cash per calendar year on
qualifying purchases using their Sam's Club Mastercard. The earned value of
Sam's Cash is deducted from the accrual of Sam's Cash when qualified purchases
are returned for refund. The Sam's Club Mastercard account must be in good
standing at the time of the qualifying purchase. Members should consult the
Terms and Conditions for the Sam's Club Mastercard for amounts that may be
earned through qualifying purchases and related limitations. See "How you Can
Earn Sam's Cash with your Sam's Club® Mastercard" program for details.
C. EARNING THROUGH OTHER PROMOTIONS
Sam's Club may also offer additional promotions or opportunities to earn Sam's
Cash from time to time. Such promotions are offered on a limited time basis and
are subject to change without notice.
D. EARNING THROUGH THE SAM’S CASH BONUS OFFER PROGRAM
The Sam’s Club Bonus Offer Program allows an eligible Sam’s Club Member to
designate his or her valid, eligible credit or debit card to earn Sam’s Cash
when completing qualifying activities (such as making a purchase or activating
an offer) at certain third-party merchants. The earned value of Sam’s Cash is
deducted from the accrual of Sam’s Cash when qualified purchases are returned
for refund. Sam’s Club Members should consult the Terms and Conditions for the
Sam’s Cash Bonus Offer Program for details about the program and the amounts
that may be earned through qualifying purchases and related limitations. See The
Sam’s Cash Bonus Offer Program terms for more details.
III. REDEEMING AND USING SAM'S CASH™
* Sam's Cash can be applied to Sam's Club membership renewal fees and to most
direct purchases from Sam's Club online, at any club, or in our mobile app.
* Sam's Cash cannot be used for purchases from third parties,
prescription-related products, alcohol and tobacco products where prohibited
by law, and any other products prohibited by law.
* Only the Primary Member or Complimentary Household Cardholder on a Membership
account may access and redeem Sam's Cash loaded on the Primary Membership
account. Add-On Members to the Primary Membership account cannot access or
redeem Sam's Cash loaded on the Primary Membership account.
* For Add-On Members, the Primary Add-On Member and any of their complimentary
members can access and redeem Sam's Cash loaded on the Add-On Membership
account. The Primary Member or Primary Complimentary Household Cardholder
cannot access or redeem Sam's Cash loaded on the Add-On Membership account.
* Notwithstanding anything to the contrary, Sam’s Cash earned via the Sam’s
Club Mastercard may be redeemed by the credit account holder. Authorized
credit users may have access to Sam’s Cash if the Sam’s Cash balance is $50
or less, or other amount as determined by Sam’s Club, for in-club purchases,
excluding digital platforms (e.g. the Scan & Go app, Samsclub.com, Curbside
Pickup, etc.).
* Sam's Cash balances are non-transferable and non-assignable. Only active
Members can redeem Sam's Cash.
* Sam's Club may require photo identification or other information to verify
the Member's identity at the time of redemption.
* Sam's Cash may be redeemed for cash in clubs with a maximum amount
established by Sam's Club in its sole discretion.
* There may be a maximum amount of Sam’s Cash that can be loaded to your
account at any one time and displayed in your Sam’s Cash balance. As you
redeem Sam’s Cash and your balance falls below the maximum amount, any
additional earnings, up to the maximum amount, will be loaded to your account
and available for redemption. The maximum amount is established by Sam’s Club
in its sole discretion.
* Unless prohibited by law, Sam's Club reserves the right to require a
mandatory cash out of the Sam's Cash account periodically in its sole
discretion.
IV. TERMINATED, CANCELLED, REVOKED AND LAPSED MEMBERSHIPS
* If a Sam's Club membership is terminated, cancelled, or revoked by Sam's
Club, the Member's remaining Sam's Cash balance shall be forfeited.
* A Member must have an active membership to redeem Sam's Cash. If a Member
terminates, cancels, or allows their membership to lapse, they must
reactivate their membership to redeem Sam's Cash.
V. EXPIRATION OF SAM'S CASH™, SUSPENSION OF SAM'S CASH™ PROGRAM OR REWARDS
* Sam's Cash does not expire but a Member must have an active membership to
redeem.
* Sam's Club reserves the right to amend, cancel, or suspend the Sam's Cash
Program, in whole or in part, or change any of these Terms and Conditions at
any time for any or no reason.
* Sam's Club reserves the right to revoke Sam's Cash, suspend a Member's access
to Sam's Cash and the Sam's Cash Program in the event of fraud, abuse of the
Sam's Cash Program, or violations of these Terms and Conditions, as
determined in Sam's Club's sole discretion without notice to the Member. Such
action may result in the forfeiture of Sam's Cash not yet redeemed.
CURBSIDE PICKUP TERMS & CONDITIONS
I. INTRODUCTION
In a continuing effort to provide legendary member service and experience, Sam's
Club offers Curbside Pickup services ("Curbside Pickup") for certain Members
shopping on SamsClub.com. Participation is subject to these "Curbside Pickup
Terms and Conditions." By participating in Curbside Pickup, you acknowledge that
you have read these Curbside Pickup Terms and Conditions, understand them, and
agree to be bound by them.
Participation in Curbside Pickup is subject to these Curbside Pickup Terms and
Conditions, the Membership Terms and Conditions, the Website Terms and
Conditions, and other Sam's Club rules and policies as may be applicable.
All Sam's Club rules, including these Curbside Pickup Terms and Conditions, may
be amended from time to time without notice.
II. CURBSIDE PICKUP
* Curbside Pickup is a free service for certain Sam's Club Members that lets
you order online at SamsClub.com and pick up your goods at any Sam's Club in
the US or Puerto Rico.
* Simply place your order online at SamsClub.com, select a day and time that
fits your schedule, and then pick up your items from the designated Sam's
Club. Sam's Club reserves the right to limit the availability of Curbside
Pickup and reserves the right to charge a restocking fee for orders not
picked up on time or not picked up.
* We aim to have your goods ready at the Curbside Pickup time you selected when
placing your order, but we do not guarantee that the goods will be ready on
or by a certain date and time. Sam's Club will not be liable for not having
the goods ready outside of the requested Curbside Pickup slot or for failing
to provide all or any of the goods in your order.
* Not all items are eligible for Curbside Pickup. Eligible items will be noted
online with the option "Pickup"
Merchandise is subject to availability and is limited by the Sam's Club
Merchandise Policy. If the item you requested is not available you will not be
charged for that item. Select items require proof of age.
III. PRICING AND WEIGHTED ITEMS
* All prices on SamsClub.com are shown in US dollars. Prices, unit prices (for
weighted items), and available quantities may vary by Club and date.
* Curbside Pickup: Price or unit price will be determined at the time you
provide payment information.
* If you pay in advance on SamsClub.com at the time of order placement, then
the price or unit price of each item is determined by the online price at
the time you place your order.
* In either case, the final price of fresh weighted items will be based on
the applicable unit price and the quantity actually purchased.
* Weighted Items: For certain items, including fresh meat, home meal solutions,
and some bakery and cheese products, your final price is based on the unit
price at the time you provide payment information and the actual weight of
the item you purchase. At the time of online order placement, you will select
the desired quantity of an item and be shown a maximum price that will be
charged for the item. In no event will the final price of the weighted item
exceed the maximum price that was authorized at the time of order placement.
* See the Instant Savings Terms and Conditions for details about the
applicability of Instant Savings to Curbside Pickup orders.
IV. PAYMENT
Members can pay using any form of payment currently accepted for online
purchases under the Membership Terms and Conditions.
V. AUTHORIZATION PROCESS
When you place an order, Sam's Club authorizes your credit or debit card to make
sure sufficient funds are available. Also note that all credit/debit card
holders are subject to validation checks by third parties and authorization by
the card issuer. If the issuer of the card refuses to authorize payment or any
other validation checks return adverse results, we will not accept your order.
We will not be liable for non-processing of your order. Please contact your card
issuer or your bank for the reason of refusal.
VI. TAXES
We are required by law to collect all taxes based on where your order is being
processed. When you review your order total during the checkout process, you'll
see the estimated sales tax. Actual taxes will be charged based on your delivery
or pick up destination or the address from where the order is sourced, depending
upon state and local laws. Taxes may be applied to pre-discounted prices
depending on state and local laws.
VII. ORDER CANCELLATION
For Curbside Pickup, orders that are not picked up at the Club 24 hours after
the selected pickup date will automatically be cancelled and items returned to
inventory. If the Curbside Pickup order was prepaid, you will not be charged if
the order is cancelled. However, Sam's Club reserves the right to charge a
restocking fee for cancelled orders.
VIII. MISCELLANEOUS TERMS
Sam's Club reserves the right to amend, cancel or temporarily suspend these
Curbside Pickup and Delivery Services, in whole or in part, or change any of
these Curbside Pickup Terms and Conditions at any time for any or no reason.
FREE SHIPPING TERMS & CONDITIONS
* Free Shipping for Plus Members: Plus Members with an active membership
receive free shipping up to a total of ten (10) addresses on eligible online
items denoted by a "Free Shipping for Plus" tag.
* Free Shipping for Club Members: Club Members with an active membership
shipping to the contiguous U.S. receive free shipping up to a total of ten
(10) addresses on all eligible online items denoted by a "Free Shipping" tag.
Club Members shipping items to Hawaii may receive discounted shipping costs
on items denoted by a "Free Shipping" tag and those items may also incur a
surcharge.
* If we inadvertently fail to charge for shipping and later discover that we
should have done so, we will charge the card on file for the missed shipping
charges.
ADDITIONAL LIMITATIONS/EXCLUSIONS:
* Items that do not have a "Free Shipping" tag or a "Free Shipping for Plus"
tag are not eligible for free shipping.
* Shipping is not available to Alaska, US territories (i.e. Puerto Rico, Guam,
the US Virgin Islands, etc.) and post office boxes.
* Free shipping is limited to ground shipping.
* Limited items are available for free shipping to Military APO/FPO addresses.
* Free shipping is available for online items only.
* Free shipping does not include delivery from Club locations.
* Free Shipping for Plus Members and Free Shipping for Club Members are not
available on Sam's Club Auctions site.
* Free Shipping is not available for drop ship resellers. A drop ship reseller
is someone who purchases products for the purpose of resale on a third-party
site. Drop ship reseller purchases returned to Sam's Club as undeliverable
due to an incorrect address will be refunded, less any applicable shipping
fees.
* Free shipping does not include delivery from Club locations. However, Sam’s
Club may, in its sole discretion, deliver items from a local club or
fulfillment center without notice to members and without a shipping box or
packaging.
* Sam’s Club reserves the right to ship the goods from any node and through any
shipping partner.
* Sam's Club reserves the right to make changes to these terms and conditions
at any time. Visit Free Shipping FAQs for additional information.
SAM’S CLUB DELIVERY TERMS & CONDITIONS
I. INTRODUCTION
In a continuing effort to provide legendary member service and experience, Sam's
Club offers Delivery ("Delivery") for Members shopping on SamsClub.com or the
Sam’s Club mobile app. Participation is subject to these "Delivery Terms and
Conditions." By participating in Delivery, you acknowledge that you have read
these Delivery Terms and Conditions, understand them, and agree to be bound by
them.
Participation in Delivery is subject to these Delivery Terms and Conditions, the
Membership Terms and Conditions, the Website Terms and Conditions, and other
Sam's Club rules and policies as may be applicable.
All Sam's Club rules, including these Delivery Terms and Conditions, may be
amended from time to time with or without notice other than as updated on the
Samsclub.com website.
II. DELIVERY
* Delivery is a service for Sam's Club Members that allows you to order your
purchases online at SamsClub.com or the Sam’s Club mobile app and have your
goods delivered to you at a time and address you designate at your
discretion.
* This service is available for those Sam's Club locations designated by Sam’s
Club in the US, excluding Puerto Rico, and which designations may change from
time-to-time.
* Simply place your order online at SamsClub.com or the Sam’s Club app, select
a day and time that fits your schedule, and we’ll do our best to have your
items delivered at your selected day and time at the location you select when
you place your order.
* Sam’s Club can only deliver to an address stored in your address book in your
account.
* The default address will be the address you have on file for your Sam’s Club
membership account. If you do not add and select a new address, the order
will be delivered to the default address.
* Sam's Club reserves the right to limit the availability of Delivery for any
reason.
* We aim to have your goods delivered at the time you selected when placing
your order, but we do not guarantee that the goods will be ready on or by a
certain date and time. Sam's Club will not be liable for not having the goods
ready outside of the requested Delivery slot or for failing to provide all or
any of the goods in your order.
* Eligible delivery items will be identified online, and not all items are
eligible for Delivery.
* Merchandise is subject to availability and is limited by the Sam's Club
Advertising & Pricing Policy [Advertising & Pricing Policy (samsclub.com)].
If the item you requested is not available you will not be charged for that
item. Select items require proof of age.
* If you authorize Sam’s Club during the order process to substitute out of
stock items with other substitute in-stock items, Sam’s Club will attempt to
secure those in-stock items for you and will charge you the current price for
that substitute item based on the instructions you provide during the order
process.
* In certain instances, Sam’s may offer a same-day delivery or other expedited
delivery options. Not all items are eligible for same-day or expedited
delivery. Items that are eligible for same-day delivery or expedited delivery
will be indicated on the Sam’s Club website or Sam’s Club mobile app. Order
time limits, geographic restrictions and order size and quantity limits
apply.
* During the order process, you will have the opportunity to provide your
delivery drop off location preferences. Sam’s Club will make reasonable
attempts to follow the preferred drop off location preferences that you
provide. If for any reason Sam’s Club is unable to complete the delivery
using the instructions you provide, Sam’s Club may elect to make an attempt
to contact you to arrange for alternate drop off arrangements or may cancel
your order, in Sam’s Club sole discretion.
* Sam’s Club, in its sole discretion, may use any alternative method of
delivery it chooses, which may or may not be Delivery from a local club or
fulfillment center. Sam’s Club reserves the right to deliver the goods from
any node and through any delivery partner.
III. ITEM PRICING AND WEIGHTED ITEMS
* All prices on SamsClub.com are shown in US dollars. Prices, unit prices (for
weighted items), and available quantities may vary by Club and date.
* Delivery: Price or unit price will be determined at the time you provide
payment information.
* Weighted Items: For certain items, including fresh meat, home meal solutions,
and some bakery and cheese products, your final price is based on the unit
price at the time the item is shopped and the actual weight of the item you
purchase.
* When you place your order online or on the mobile app, you will select the
desired quantity of an item and be shown a maximum price that will be charged
for the desired quantity of the respective item.
* In the event your order must be fulfilled using products of different weight
or volume than what you ordered, you will be charged only for the actual
weight or volume delivered.
* In no event will the final price of the weighted item exceed the maximum
price that was authorized when you placed your order.
IV. FEES
* In addition to the price of goods, a delivery charge as shown at checkout,
will also be payable by you. The delivery charge will be displayed during
your checkout process.
* The final taxes and fees will be calculated on the day your order is picked
and delivered.
* Sam’s Club delivery special offers may have initial or recurring purchase
requirements. See the applicable offer for details and charges associated
with those offers.
V. PAYMENT
Members can pay using any form of payment currently accepted for online or
in-app purchases under the Membership Terms and Conditions.
VI. TAXES
We are required by law to collect all taxes based on where your order is being
processed. All prices quoted are exclusive of tax and you will see estimated
taxes and fees when you place the order. When you review your order total during
the checkout process, you'll see the estimated sales tax. Actual taxes will be
charged based on your delivery or pick up destination or the address from where
the order is sourced, depending upon state and local laws. Taxes may be applied
to pre-discounted prices depending on state and local laws.
VII. RESTRICTIONS
Delivery is dependent upon product eligibility, inventory availability,
available delivery time slots, and delivery location.
Delivery available only on items in inventory at participating Sam’s Club
locations located in your specific delivery area, and for which you select a
specific delivery time slot when your order is placed. A minimum order amount
may apply. Not all items are eligible for delivery. Sam’s Club will indicate
which items are available for delivery on the Sam’s Club website or Sam’s Club
mobile app.
Restrictions are subject to change and may change at any time for any reason or
no reason with or without notice at Sam’s sole discretion.
VIII. ORDER CANCELLATION
* Due to shipment and delivery times, there are limitations on when changes or
cancellations to orders can be made.
* For orders scheduled to arrive the same day, you may remove items or cancel
your order within 30 minutes of placing the order.
* For orders scheduled to arrive the next day or beyond, you can remove items
or cancel your order by 7:00 p.m. local time on the day you placed it.
* Whether the order is scheduled to arrive the same-day or later, you may not
add new items or increase the quantity of items in your basket, at any time,
once the order has been placed.
* For Delivery orders that are delivered to you, title to the goods purchased
by you and the related risk of loss on these items passes to you upon
delivery of the items to the carrier.
* For Delivery, orders that are not able to be delivered will automatically be
cancelled and items returned to inventory. If the Delivery order was prepaid,
you will not be charged if the order is cancelled. However, Sam's Club
reserves the right to charge a restocking fee for cancelled orders.
IX. RETURNS AND REFUNDS
For information related to returns or refunds, please visit: Satisfaction
Guarantee.
X. DELIVERY SPECIAL OFFERS
From time to time, Sam’s Club, in its discretion, may offer some or all Members
various delivery offers, including, without limitation, offering a flat price
for delivery or certain types of delivery for a specified period of time (e.g.
same day delivery for a flat fee per month). In those instances, the terms and
conditions of those offers will appear on the Sam’s Club website or mobile app
and you must review and agree to those terms in order to accept those offers.
These offers may have conditions and restrictions which include, but are not
limited to, recurring monthly or annual fees, and restrictions on how and where
to cancel the offer in order to avoid continuing charges. Please see the
applicable offer terms for details on the specific conditions and restrictions
of those offers.
Sam’s Club reserves the right to accept or refuse any delivery request or any
offer for any reason at its sole discretion.
X. MISCELLANEOUS TERMS
Sam's Club reserves the right to modify, cancel or suspend delivery services, in
whole or in part, or any of these Delivery Terms and Conditions at any time for
any or no reason, in Sam’s sole discretion.
Sam’s Club aims to deliver your goods within the delivery or pickup window you
selected when placing your order, but do not guarantee that goods will be
delivered or available for pickup on or by a certain date or at a certain
location.
Sam’s Club will not be liable for delivering the goods outside of the requested
delivery or pickup slot, failing to deliver or make available for pickup all or
any of the goods in your order, or failing to abide by your preferred delivery
instructions.
FREE TIRE REPAIR TERMS & CONDITIONS
Sam's Club offers free tire repair as a member benefit regardless of where the
tire was purchased. In order for Sam's Club to provide repair, the tires must
meet USTMA (U.S. Tire Manufacturers Association) guidelines for repair.
INSTANT SAVINGS TERMS & CONDITIONS
You can receive a copy of the Instant Savings Book ("ISB") at any club while the
ISB is active. The book is also available online at SamsClub.com but only while
the ISB is active.
* Instant Savings help you save on items throughout the Club. Offers are
automatically redeemed after you scan your Membership card and then scan an
Instant Savings item.
* The types of offers you could receive range from dollar-off to percentage-off
discounts on a wide variety of products and services available.
* Instant Savings are typically used once, however some offers allow for
multiple redemptions. Check for the limit indicator in each Instant Savings
description.
* Instant Savings offers may vary by club location and may not be available in
all locations, online and/or to Puerto Rico cardholders.
How long do Instant Savings offers last:
* Instant Savings durations may vary.
* The Instant Savings available and expiration dates are listed beside the item
on your account summary that can be viewed online, or with the Mobile App.
* Because these are special, limited-time and/or limited quantity offers,
Instant Savings cannot be redeemed before the available date or after the
expiration date.
SAM’S CLUB PHOTOS AND CUSTOMIZATION TERMS AND CONDITIONS
INTRODUCTION
Welcome to the Sam’s Club Photos and Customization website (the “Site”). Sam’s
West, Inc., together with its subsidiaries, affiliates, licensors, and its and
their subcontractors and service providers (collectively, “Sam’s”) provide you
access and use of the Site, subject to your compliance with these Terms and
Conditions (as defined below) and the Sam’s Club Terms and Conditions. This Site
is provided as a service to the Sam’s members who (i) accept the Terms and
Conditions as provided for below and (ii) are active Sam’s members (“End User”,
“You”, or “Your”). Please review the following terms and conditions (the "Terms
and Conditions") that govern Your use of the Site and the goods, software and
services provided, licensed or sold through or in connection with the Site (the
"Products"). Please note that Your use of the Site and Your clicking of the “I
Accept” button constitutes Your unconditional agreement to follow and be bound
by the Terms and Conditions and the Sam’s Privacy Policy then in effect.
Although You may "bookmark" a particular portion of this Site and thereby bypass
the display of these Terms and Conditions, Your use of this Site still binds You
to these Terms and Conditions then in effect. Sam’s reserves the right to update
or modify these Terms and Conditions at any time without prior notice. Your use
of the Site following any such change constitutes Your unconditional agreement
to follow and be bound by these Terms and Conditions as changed. For this
reason, Sam’s encourages You to review the effective date of the Terms and
Conditions (which appears at the very top of this document) each time You access
this Site and, if these Terms and Conditions have been revised since Your last
visit to the Site, to review the revised Terms and Conditions which will apply
to Your visit, Your use of the Site, and the use and purchase (as the case may
be) of Products. In the event that You do not agree to these Terms and
Conditions, You should cease use of the Site.
KEY TERMS FOR MEMBER USE OF SAM’S CLUB PHOTOS AND CUSTOMIZATION SERVICES
You acknowledge and agree that in order to utilize the Site and order the
Products, You must be a Sam’s member with an active Sam’s membership.
If You do not agree to be bound by the Terms and Conditions and applicable law
each time you access and use the Site or You do not have sufficient authority to
agree to and accept the Terms and Conditions, You may not use the Site.
Sam’s may at any time, in its sole discretion and without prior notice to You
delete any Materials (as defined herein). Further, You acknowledge and agree
that in the event that You do not order Products from the Site for a period of 2
years or Your Sam’s membership terminates or expires for any reason, Sam’s may
delete all of Your Materials on the Site without notice or liability to You or
any third party.
OTHER PERSON'S RIGHTS: Your use of the Site, Products, and Content must not
infringe, violate or misappropriate the legal rights of any other person
(including, but not limited to, privacy and personality rights, moral rights, or
other Intellectual Property Rights). You may not use the Site, Products, or
Content in any manner that may be indecent, offensive, defamatory, derogatory,
fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane,
pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive,
harassing, invasive of the privacy rights of others, or that may otherwise be
objectionable, as determined by Sam’s in its sole discretion. This prohibition
extends to the posting or uploading of any materials that depict, encourage,
indicate, advocate or tend to incite any such conduct. Your use of the Site must
not dilute or depreciate the name and reputation of Sam’s.
In the event that You suspect copyright infringement by another user, please
provide notice pursuant to the Digital Millennium Copyright Act (“DMCA”) at:
https://help.samsclub.com/app/answers/detail/a_id/250/~/copyright-infringement-policy.
SAM’S INTELLECTUAL PROPERTY OWNERSHIP
Unless otherwise noted, all materials, including images, text, illustrations,
designs, icons, photographs, programs, video clips and written and other
materials that are part of this Site (collectively, the "Content") are subject
to intellectual property and other proprietary rights, including without in any
way limiting the generality of the foregoing, copyrights, patents, trademarks,
service marks, trade secrets and other intellectual property and proprietary
rights (collectively, “Intellectual Property Rights”), held by or licensed to
Sam’s, and are protected by U.S. and international copyright, trademark or other
applicable laws. The compilation (meaning the collection, arrangement, and
assembly) of all Content on this Site is the exclusive property of Sam’s and is
also protected by U.S. and international copyright laws.
Sam’s expressly reserves all Intellectual Property Rights in all Content which
appears on or is available through this Site. Access to this Site does not
confer and shall not be considered as conferring upon anyone any license to any
of Sam’s or any third party's Intellectual Property Rights.
The Sam’s names and logos and all related product names, design marks and
slogans are the trademarks of Sam’s. All other trademarks are the property of
their respective owners. No trademark license is granted in connection with the
materials or Content contained on or offered through this Site, or the
Intellectual Property Rights embodied therein, arising therefrom or represented
thereby. Access to this Site does not authorize anyone to use any name, logo or
trademark in any manner whatsoever or to reproduce any Content.
References on this Site to any third party names, trademarks or products or any
hypertext links to third party sites or information are provided solely as a
convenience to You and do not in any way constitute or imply Sam’s approval,
endorsement, sponsorship or recommendation of such third party, such sites or
such products or any representation or warranty as to the accuracy, adequacy,
lawfulness or completeness of any such information. Sam’s is not responsible for
the content of any third party sites and does not make any representations
regarding the content or the lawfulness, accuracy, adequacy or completeness of
material on such sites. If You decide to link to any such third party websites,
You do so entirely at Your own risk.
PERMITTED USE OF THE SITE
Acceptable Conduct
All End Users of the Site must use the Site responsibly and with respect for all
persons, in compliance with these Terms and Conditions and applicable law. Your
use of the Site, including, without limitation, uploading materials on the Site,
and Your use of Products and Content must be lawful, ethical, and respectful of
the legal rights and interests of all other persons, including without
limitation Sam’s.
Without limiting the above, the following rules apply to Your use of the Site:
LAWFUL USE: Your use of the Site, Content, and/or the Products must be lawful
and must comply with all applicable domestic and foreign laws, regulations,
rules, policies, treaties and tariffs, whether civil, criminal or otherwise.
Access to the Site from locations where the Site or the Products may be illegal
is prohibited.
SECURITY AND PERFORMANCE: The Site must not be used by You with any action,
device, software, or routine which could directly or indirectly interfere (or
attempt to interfere) with the proper working of the Site, compromise the
security measures for the Site or impose an unreasonable or disproportionately
large load or burden on the system on which it is stored and/or hosted or its
infrastructure. You may not modify, adapt, sub-license, translate, sell, reverse
engineer, decompile or disassemble any portion of the Site, Content, or the
software underlying or offered on the Site, or delete, obscure or modify any
proprietary notice contained on the Site or assist others in undertaking any of
the foregoing. End Users are prohibited from violating or compromising or
attempting to violate or compromise the security of the Site, including, without
limitation, (i) accessing data not intended for such user or logging onto a
server or an account which the user is not authorized to access; (ii) attempting
to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization; (iii)
attempting to interfere with service or Site to any user, host or network,
including, without limitation, via means of submitting a virus to the Site,
overloading, "flooding," "spamming," "mailbombing" or "crashing," including
without limitation any distributed denial of service attack; (iv) sending
unsolicited email, including promotions and/or advertising of products or
services; or (v) forging any TCP/IP packet header or any part of the header
information in any email or newsgroup posting. Violations of system or network
security may result in civil or criminal liability. Sam’s may investigate
occurrences that may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting users who are involved in such
violations. You agree, further, not to use or attempt to use any engine,
software, tool, agent or other device or mechanism (including without limitation
browsers, spiders, robots, avatars or intelligent agents) to navigate or search
this Site other than the search engine and search agents available from
samsclub.com on this Site and other than generally available third party web
browsers (e.g., Netscape Navigator, Microsoft Explorer, etc.).
NO DATA COLLECTION: Your use of the Site must not involve any data matching or
data mining, including without limitation the collection or use of information
about other members or other users (including their email addresses).
Sam’s reserves the right, in its sole discretion, to determine whether any use
by You of the Site, Products, or Content is in contravention of these Terms and
Conditions.
ELIGIBILITY TO USE THE SITE AND ORDER PRODUCTS; ACCOUNT REQUIREMENTS
Eligibility Requirements
The Site can only be used by residents of the United States who are at least 18
years or older (or the age of majority in his or her relevant jurisdiction) and
are otherwise in compliance with the Sam’s Club Member Terms and Conditions. End
Users who wish to use, acquire and/or purchase Products (as the case may be) or
use the Site must be capable of forming legally binding contracts under
applicable law. The Site may not be used by persons who have previously had
their Site membership or account revoked or by individuals in jurisdictions
where the accessing or use of the Site, Content, Products, or materials
contained on or accessible through the Site, may be illegal. It is solely Your
responsibility to determine whether Your use of the Site is lawful, and You must
comply with all laws applicable in Your jurisdiction, including any export
restrictions. Sam’s reserves the right to limit the availability of the Site or
the Products to any person, geographic area, or jurisdiction it may designate,
at any time and in its sole discretion, and to limit the quantities or terms and
conditions relating to any service, good, program, or other product that Sam’s
provides or may provide. ANY OFFER OF SALE OF ANY GOOD OR SERVICE THROUGH THIS
SITE IS VOID WHERE PROHIBITED.
Accounts
If Your Sam’s membership becomes inactive, suspended or terminated for any
reason, Sam’s may delete or take down Your Materials (as defined below) without
any further notice or obligation to You.
THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE
CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK. YOU ARE ENTIRELY
RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD
AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING, WITHOUT
LIMITATION, ANY PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You must
ensure that all use of Your account, whether by You or by any third party,
complies with these Terms and Conditions.
All user IDs and passwords remain the property of Sam’s, and Your account may be
cancelled or suspended at any time by Sam’s in Sam’s sole discretion without any
prior notice or any liability to You or any other person.
You must respond promptly to all email and other correspondence from Sam’s which
requests or requires a reply from You, including, without limitation, email and
correspondence concerning complaints or concerns regarding Your use of the Site
and the use of Your account.
License and Warranties
For all materials You may use or allow others to use in connection with the
Site, including materials and photographs posted, uploaded or submitted to the
Site (the "Materials"):
You grant to Sam’s a non-exclusive, royalty-free, perpetual, irrevocable,
transferable, universal, sub-licensable, unrestricted, world-wide right and
license to access, use, copy, reproduce, distribute, transmit, display, perform,
communicate to the public, modify, adapt, publish, translate, create derivative
works from, postprocess, transform or compress original Materials uploaded by
you, in particular by transforming them into data vectors or multidimensional
matrices for the purpose of being processed by neural networks, and otherwise
use such Materials (in whole or in part) in connection with the Site and/or the
Products, using any form, media or technology now known or later developed,
without providing compensation to You or any other person, without any liability
to You or any other person, and free from any obligation of confidence or other
duties on the part of Sam’s;
You represent and warrant to Sam’s and all users of the Site that (i) the
Materials and Sam’s and all users of the Site’s use of the Materials do not and
will not violate, misappropriate or infringe the rights (including copyright,
moral rights, and other Intellectual Property Rights and privacy and personality
rights) of any other person or any applicable laws; and (ii) You have all the
rights necessary to grant all rights and licenses set forth above; and
You also grant to Sam’s the right to use Your name in connection with the
Materials.
Notwithstanding the foregoing, except as otherwise permitted herein, Sam’s will
not disclose, use or modify Materials for marketing purposes without obtaining
Your express permission unless required to do so by law.
Photos and Customization Services
End Users of the Site may be permitted to submit Materials to the Site for
processing and purchase of prints or for the production and purchase of
customized merchandise incorporating the Materials. Any such processing by Sam’s
is expressly subject to the terms of these Terms and Conditions, including
without limitation all disclaimers, limitation of liability, exclusions and
indemnities. The acceptance of such Materials by the Site does not create any
obligation for Sam’s to preserve or retain such Materials.
FEES, CHARGES AND TAXES, AVAILABILITY, PRICES, MISPRINTS AND ERRORS, ORDERS AND
RETURNS
All fees and charges will be at the rates in effect at the time the charges were
incurred. Charges incurred under these Terms and Conditions may include charges
related to use (or in certain cases acquisition) of the Products, as well as
charges related to goods and services provided by third parties but acquired
through the Site. You are responsible for paying all fees, charges and
applicable taxes associated with Your use (or acquisition) of the Products and
any use (or acquisition) of the Products by any person using Your user ID or
password. All amounts appearing on the Site are quoted in U.S. dollars.
Sam’s endeavors to provide current and accurate information on the Site.
Nevertheless, misprints or other errors may occur. Accordingly, Sam’s reserves
the right to change the prices, fees and charges associated with any of the
Products, including without limitation any goods and services available through
the Site, at any time and from time to time without any notice or any liability
to You or any other person. Also, due to the popularity of some goods and
services, Sam’s cannot guarantee that Products, goods, or services advertised on
the Site will be available when ordered or thereafter. Sam’s also reserves the
right at any time and in its sole discretion to reject, correct, cancel or
terminate any order made through the Site.
The advertisements on the Site are invitations for purchase orders, and are not
offers to sell. Your properly completed and delivered order form constitutes
Your offer to purchase the Products, goods, or services referenced in Your
order. Your order shall be deemed to be accepted only if and when the Site sends
an order acceptance email to Your email address. You may not cancel an order
after having submitted Your purchase order unless otherwise specified in the
applicable purchase order or email confirmation. The order acceptance may
provide You with confirmation of the terms of the transaction and may also
provide You with certain information regarding availability and/or delivery of
the relevant Product.
All payments by You are due at the time You place an order on the Site. If any
payment due is not made by You, Sam’s may, in addition to any other remedies it
may have and at its sole discretion and without notice to You, suspend and/or
terminate its performance under these Terms and Conditions and revoke Your
account and Your access to and use of the Site. If legal action is necessary to
collect any amount which You owe, then You will reimburse Sam’s for any and all
expenses incurred in collecting such amount, including without limitation all
legal fees, all costs and all disbursements.
All transactions initiated and/or conducted through the Site are governed by
these Terms and Conditions and the terms of Sam’s payment processor found at
https://www.authorize.net/en-us/about-us/terms.html.
All Products in connection with this Site are subject to Sam’s return policy at:
https://www.samsclub.com/content/returns.
Sam’s has made reasonable efforts to display as accurately as possible the
colors of Products (including without limitation digital images and custom
merchandise) that appear on or are displayed on or through the Site. However, as
the actual colors You see will depend on Your monitor, Sam’s cannot guarantee
that Your monitor's display of any color will be accurate.
INDEMNIFICATION
You agree to defend, indemnify and hold Sam’s and its respective directors,
officers, employees and agents harmless from and against any and all
allegations, investigation demands, actions, claims, suits and proceedings
(“Claims”) and all resulting damages, judgments, losses, assessments,
deficiencies, costs and expenses, including legal fees, court costs, and
disbursements, arising from or related to (i) Your use of the Site (regardless
as to whether or not such use is permitted under these Terms and Conditions),
(ii) any Materials You submit or post on the Site, including, but not limited
to, any claims that the Materials infringe, violate, or misappropriate the
Intellectual Property Rights of a third party, (iii) Your use of the Products,
(iv) any breach (or alleged breach) of these Term and Conditions, or (v) any
violation of any applicable law. This provision shall survive the termination of
these Terms and Conditions and remain in full force and effect after any such
termination.
You shall promptly notify Sam’s of the assertion, filing, or service of any
Claim that is or may be covered by this indemnity, and shall immediately take
such action as may be necessary or appropriate to protect the interests of
Sam’s, its officers, directors, employees and agents. Sam’s shall select the
legal counsel to defend the interests of Sam’s at Your sole cost and expense.
Upon Sam’s request, You will promptly provide reasonable cooperation and
assistance to Sam’s with respect to any Claim involving Sam’s that relates to
these Terms and Conditions or Your acts or omissions. Sam’s shall at all times
have the right to direct the defense of, and to accept or reject any offer to
compromise or settle, any lawsuit, claim, demand or liability asserted against
Sam’s or any of its officers, directors, employees or agents, and You will not
settle or resolve any portion of any such claim or lawsuit without Sam’s prior
written approval.
PRIVACY AND PERSONAL INFORMATION
Personal information which may be collected from individuals who access this
Site, including without limitation names, postal addresses, telephone numbers,
email addresses, age, and any metadata embedded in uploaded photos will only be
collected for the purposes of providing the Products and operating the Site. Our
collection and use of Your personal information are governed by the Sam’s
Privacy Policy, and You consent to all actions we take with respect to your
information consistent with our Online Privacy Policy.
TERMINATION OF THESE TERMS AND CONDITIONS
These Terms and Conditions (as same may be amended from time to time by Sam’s in
its sole discretion) constitute an agreement between You and Sam’s, effective
upon Your initial entry to the Site unless and until terminated by Sam’s.
If You breach any provision of these Terms and Conditions, then Sam’s may (but
is not obligated to) revoke Your account and terminate these Terms and
Conditions, may prohibit You from using the Site, from using and/or acquiring
the Products, and/or terminate Your Sam’s membership.
Sam’s may, in its sole discretion and at any time, change, suspend, discontinue,
or terminate, temporarily or permanently, the Site or any part of it or
Products, for any reason and for convenience, without any notice to You and
without any liability towards You or any other person.
Sam’s may at any time and for any reason, with or without cause, and in its sole
discretion, immediately: (i) suspend or terminate (in whole or in part) Your
authorization to use the Site and any account You may have; (ii) suspend or
terminate and permanently delete and destroy any user ID, password or account
information; (iii) remove from the Site and permanently delete and destroy any
Materials that You or others may have posted or submitted to the Site (and for
purposes of these Terms and Conditions, "posted" and "submitted" includes
transmission on or through the Internet and in hardcopy format through facsimile
or post) for any reason or for convenience; (iv) restrict access to the
Materials posted or submitted to the Site and to any account You may have; and
(v) bar You from any future use of the Site; all without any prior notice or
liability to You or any other person.
Sam’s is not required to assess or otherwise determine the validity or
legitimacy of any complaints or demands that it may receive regarding any
Materials that You may use or allow others to use in connection with or via the
Site (including Materials posted or submitted to the Site) before Sam’s takes
any remedial action that it considers, in its sole discretion, to be
appropriate.
If these Terms and Conditions are terminated by Sam’s for any reason, then: (i)
these Terms and Conditions will continue to apply and be binding upon You in
respect of Your prior use of the Site, including payment of any charges accrued
in connection with use of the Site, including without limitation purchases of
any Products; (ii) Sam’s may immediately, but does not have the obligation to,
remove from the Site and permanently delete and destroy any Materials that You
or others may have posted or submitted to the Site without any prior notice or
liability to You or any other person; (iii) any fees and charges previously paid
by You for unused services will not be refunded; and (iv) You must promptly
destroy all materials downloaded or otherwise obtained from this Site, as well
as all copies of such materials, whether made under the Terms and Conditions or
otherwise.
DISCLAIMER OF WARRANTIES
THIS SITE AND THE PRODUCTS PROVIDED THEREON ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. SAM’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, SAM’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, PERFORMANCE OR DURABILITY. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, SAM’S DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT AVAILABLE THROUGH THIS SITE. YOU
ACKNOWLEDGE AND AGREE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT
YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND
CONDITIONS.
WITHOUT ANY LIMITATION TO THE FOREGOING:
THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND SAM’S
CONTROL. THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR
SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD PROTECTION MAY
NOT PREVENT UNAUTHORIZED ACCESS TO MATERIALS YOU MAY USE OR ALLOW ANY OTHER
PERSON TO USE IN CONNECTION WITH THE SITE, INCLUDING MATERIALS POSTED OR
SUBMITTED TO THE SITE;
THIS SITE AND THE PRODUCTS PROVIDED ARE MADE AVAILABLE TO END USERS IN THE
UNITED STATES, AND SAM’S MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE OR
THE PRODUCTS ARE APPROPRIATE FOR USE IN OTHER LOCATIONS. NO PART OF THIS SITE OR
THE PRODUCTS SHOULD BE CONSTRUED AS AN OFFER OR SOLICITATION BY OR TO ANYONE TO
WHOM SUCH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE;
SAM’S MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT
PASSWORD PROTECTION FOR MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN
CONNECTION WITH THE SITE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SITE,
WILL PREVENT UNAUTHORIZED ACCESS TO THOSE MATERIALS OR THAT THE MATERIALS YOU
MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SITE, INCLUDING MATERIALS
POSTED OR SUBMITTED TO THE SITE, WILL NOT BE MISUSED BY ANY OTHER PERSON;
YOU ARE SOLELY RESPONSIBLE FOR PROVISIONING, CONFIGURING AND MAINTAINING ALL
EQUIPMENT AND SOFTWARE YOU USE OR ALLOW OTHERS TO USE IN CONNECTION WITH YOUR
USE OF THE SITE AND THE ACQUISITION OF PRODUCTS, INCLUDING ALL COMPUTERS,
TELEPHONE AND INTERNET SERVICE AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT,
AND SOFTWARE;
SAM’S MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE
SITE AND/OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR
COMPUTER AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT AND SOFTWARE;
SAM’S IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF THE USERS OF THE SITE OR
OTHER USERS OF THE PRODUCT;
SAM’S DOES NOT CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE SITE AND DOES
NOT MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH
APPLICABLE LAWS OR THESE TERMS AND CONDITIONS;
YOU MAY FIND SOME OF THE MATERIALS POSTED AND MADE AVAILABLE TO YOU TO BE
OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON
SENSE WHEN USING THE SITE AND RELATED PRODUCTS;
SAM’S MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE
SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF
ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
SAM’S MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE
SITE, THE INFORMATION OBTAINED THROUGH THE SITE, OR ANY RESULTS OR INFORMATION
THAT MAY BE OBTAINED THROUGH THE USE OF THE SITE WILL BE ACCURATE, COMPLETE,
RELIABLE, TIMELY, OR AUTHENTIC;
SAM’S MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE
USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY MATERIALS FROM
THE SITE, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR
DISRUPTIVE COMPONENTS OR BUGS; AND
SAM’S MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE
USE OF THE SITE, INCLUDING THE DOWNLOADING AND REPRODUCTION OF MATERIALS POSTED
OR SUBMITTED TO THE SITE, WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OR
ANY OTHER RIGHTS OF ANY PERSON.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE
LAW, IN NO EVENT WILL SAM'S, OR ITS DIRECTORS, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER PERSON, FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL LOSSES OR
DAMAGES, OR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED
TO YOUR MEMBERSHIP OR PARTICIPATION IN SAM'S CLUB SERVICES OR YOUR USE OF THE
SITE, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE. TO THE FULLEST
EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR
INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF
GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR
MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK
OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF,
LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO
SAM'S ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN
CONNECTION WITH YOUR USE OF THE SITE AND YOUR MEMBERSHIP DURING THE SIX (6)
MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY
APPLICABLE LAW, NO SAM'S ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR
OTHER USER OF THE SITE.
GENERAL PROVISIONS, DISPUTE RESOLUTION, ARBITRATION, AND APPLICABLE LAW
A. ARBITRATION AGREEMENT.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL
DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT
OF THE RELATIONSHIP BETWEEN YOU AND SAM’S CLUB, INCLUDING ANY PRODUCTS OR
SERVICES OFFERED OR SOLD BY SAM’S CLUB, WHETHER BASED IN CONTRACT, TORT,
STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED
THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD
OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS
AND CONDITIONS, YOU AND SAM’S CLUB AGREE THAT EACH IS WAIVING THE RIGHT TO SUE
IN COURT AND TO HAVE A TRIAL BY A JURY. This paragraph may be referred to as the
Arbitration Agreement in these Terms and Conditions.
B. CLASS ACTION AND MASS ACTION WAIVER.
YOU AND SAM’S CLUB AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION
AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and Sam’s Club each agree
to waive the right to have any dispute or claim subject to the Arbitration
Agreement brought, heard, administered, resolved, or arbitrated as a class
arbitration, class action, collective action, or Mass Action to the maximum
extent permitted by law. “Mass Action” means a situation in which a party is
represented by a law firm or other representative, or a collection of law firms
or other representatives, that has initiated more than one hundred (100)
arbitration Demands with common questions of law or fact against Sam’s Club
within 180 days of initiating your arbitration Demand. This paragraph may be
referred to as the “Class Action and Mass Action Waiver” in these Terms and
Conditions. Nothing in these Terms and Conditions precludes you from bringing
issues to the attention of federal, state, or local government agencies and, if
the applicable law allows, such agencies may seek relief against Sam’s Club for
you.
C. INITIATING A DEMAND FOR ARBITRATION.
Any arbitration required by the Arbitration Agreement shall be initiated by You
or Sam’s Club by sending the other a written demand for arbitration (“Demand”)
only via first-class mail, FedEx, or UPS within the statute of limitations
period. Your Demand shall be delivered to: Sam’s Club Legal Department, 702 SW
8th Street, Mailstop 0215, Bentonville, AR 72716. The Demand must include (i)
the name, telephone number, mailing address, and email address of the person or
entity seeking arbitration; (ii) a statement of the legal claims asserted and
the factual basis for those claims; (iii) a description of the remedy sought and
an accurate, good-faith calculation of the amount in controversy; (iv) the
original personal signature of the party seeking arbitration; and (v) the
original personal signature of any legal counsel or other representative
purporting to represent the party seeking arbitration. For purposes of this
paragraph, “original personal signature” does not include any digital, scanned,
electronic, copied, or facsimile signature. An original personal signature on
the Demand certifies the following: (i) the Demand is not being presented for
any improper purpose, such as to harass, cause unnecessary delay, or needlessly
increase the cost of litigation; (ii) the claims and other legal contentions are
warranted by existing law or by a non-frivolous argument for extending,
modifying, or reversing existing law or for establishing new law; and (iii) the
factual contentions have evidentiary support or, if specifically so identified,
will likely have evidentiary support after a reasonable opportunity for further
investigation or discovery. The original personal signature by the party seeking
arbitration shall verify under penalty of perjury that the factual statements
contained in the Demand are true and correct. Compliance with this paragraph
tolls any applicable statute of limitations as to any dispute or claim subject
to the Arbitration Agreement that is stated in the Demand.
D. FILING A DEMAND FOR ARBITRATION.
A party seeking arbitration of any dispute or claim subject to the Arbitration
Agreement shall submit a copy of the Demand to the American Arbitration
Association (“AAA”) sixty (60) or more days after the Demand is initiated
pursuant these Terms and Conditions. The arbitration will be administered by the
AAA pursuant to the current AAA Consumer Arbitration Rules, except to the extent
modified by these Terms and Conditions. The AAA rules and instructions are
available on the AAA website at www.adr.org/consumer.
E. CONDUCT OF ARBITRATION.
In any arbitration of a dispute or claim that is subject to the Arbitration
Agreement:
1. You or Sam’s Club may file such dispositive motions as would be permitted by
the Federal Rules of Civil Procedure without obtaining permission from the
arbitrator. Upon the filing of any dispositive motion, the arbitrator may
stay all further action and deadlines in the arbitration until deciding such
motion.
2. The parties shall have the right to conduct such discovery from the opposing
party or any third party that is proportional to the needs of the claim or
dispute, considering the importance of the issues at stake, the amount in
controversy, the importance of the discovery in resolving the issues, and
whether the burden or expense of the proposed discovery outweighs its likely
benefit. Proportionality shall be decided by the arbitrator when requested
by either party.
3. The arbitrator shall conduct any calls, conferences, or hearings by
teleconference or videoconference, unless the arbitrator determines that an
in-person hearing is appropriate. Any in-person hearing will be held at a
location that is reasonably convenient. You and an employee of Sam’s Club
shall attend all arbitrator calls, conferences, and hearings.
4. A party may make a written offer of judgment at least seven (7) days before
the date set for the arbitration hearing.
5. If the arbitrator finds that a party’s claim, counterclaim, or appeal was
frivolous, asserted in bad faith, or pursued for purposes of harassment, the
arbitrator shall award the opposing party its attorneys’ fees, costs, and
expenses and all amounts charged by AAA for the arbitration.
6. The arbitrator will follow these Terms and Conditions and the law. The
arbitrator shall not have the authority to commit errors of law or legal
reasoning. 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, though the individual
relief awarded by the arbitrator may incidentally affect non-parties.
7. You or Sam’s Club may appeal an arbitration award that manifestly disregards
the law by filing a notice of appeal with the AAA within 30 days after an
award is rendered and delivered to the parties. The appeal shall be heard by
a single arbitrator unless the parties agree to a multi-arbitrator appellate
panel. The arbitrator(s) assigned to the appeal shall be selected by
agreement of the parties from among those on the AAA Appellate Panel. If the
parties are unable to agree, AAA shall appoint the arbitrator(s) from among
those on the AAA Appellate Panel. An arbitrator who previously presided over
any aspect of a case shall be ineligible from serving as an appellate
arbitrator in that same case. The appeal, including briefing, shall be
conducted pursuant to the parties’ agreement or the appellate arbitrator(s)’
orders if the parties are unable to agree.
F. PROCESS FOR ARBITRATION BELLWETHER DEMANDS.
If twenty-five (25) or more Demands for arbitration of a dispute or claim
subject to the Arbitration Agreement are initiated (i) that involve common
questions of law or fact and (ii) where the initiating parties are represented
by the same law firm, the same group of coordinated law firms, or the same
representative, then such Demands shall be coordinated pursuant to this
paragraph. The group of claimants and group of respondents shall each select
five (5) Demands, for a total of ten (10), to be filed with AAA (collectively
the “Bellwether Demands”). Each of the Bellwether Demands shall be assigned by
AAA to a different arbitrator chosen from its national roster. After ninety (90)
days from the date all Bellwether Demands have been arbitrated and any appeals
exhausted, any remaining Demands subject to this paragraph may be filed with
AAA. The AAA Supplementary Rules for Multiple Case Filings shall apply to the
extent they are not inconsistent with this paragraph. Notwithstanding any other
provision in the Terms and Conditions, You and Sam’s Club agree that a court of
competent jurisdiction shall have authority to enforce the terms of this
paragraph with injunctive or other relief.
G. SEVERABILITY.
If (i) any dispute or claim subject to the Arbitration Agreement is filed as a
class arbitration, class action, collective action, representative action, or
Mass Action and (ii) if the Class Action and Mass Action Waiver is held invalid
or unenforceable as to such dispute or claim, then the Arbitration Agreement
does not apply to that dispute or claim and such dispute or claim must be
brought in a court of competent jurisdiction. If any provision other than the
Class Action and Mass Action Waiver is held invalid or unenforceable as to a
particular dispute or claim, then such provision shall be severed from the Terms
and Conditions, and the remainder of the Terms and Conditions shall be
enforceable to the maximum extent permitted by law.
H. APPLICABLE LAW.
The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement
of these Terms and Conditions. If the FAA is found not to apply to any portion
of these Terms and Conditions, then the applicable laws of the State of Arkansas
shall apply without regard to choice-of-law principles
PRESCRIPTION EYEGLASSES TERMS & CONDITIONS
Buy a complete pair of prescription eyeglasses (frames and lenses) at regular
price and Sam's Club Plus Members receive 20% off the purchase. Valid
prescription required. Offer applies to prescription eyeglasses and prescription
sunglasses. Professional eye exam not included. This offer does not apply to
individuals using vision insurance of any kind, including Medicaid or Medicare,
for all or part of their purchase. This offer is non-transferable, may not be
combined with other offers. Available in club only.
PRESCRIPTION PROGRAM TERMS & CONDITIONS
Sam's Club Plus Program:The Sam’s Club Plus Program is not insurance and cannot
be combined with any insurance. This program is only available to Sam’s Club
Plus Members at participating Sam’s Club Pharmacy locations. Not available on
SamClub.com. Visit SamsClub.com/RxSavings to see the drug price, formulation,
strength, and quantity available for Plus Members. Covered drugs may vary.
Program prices are limited to a 30 day supply. There will be an additional cost
for quantities greater than listed quantity. The Plus Member price is not
available if a drug is part of a compounded prescription or for purchases
submitted to any health benefit program, pharmacy benefit program, insurer, or
state/federal government health care program. Program prices are not available
to the general public and do not constitute Sam’s Club usual and customary
prices. May not combine with other offers. Program price not available in Puerto
Rico. Free drugs are only available at no additional cost to Sam’s Plus Members.
The Free drug benefit is not available in AZ, CA, MN, and PR. Free drugs
available to Sam’s Club Plus Member only at select Sam’s Club Pharmacy
locations. In Arizona, California, and Minnesota, drugs listed in the Free drug
benefit are available for $2 for a 30 day supply. Discount savings are based on
the dispensing Sam’s Club Pharmacy’s regular retail cash price. Program pricing
is limited to in stock items by select manufacturers of a covered drug at the
dispensing pharmacy. Taxes or other fees may apply. Other restrictions apply.
Terms subject to change without notice. See SamsClub.com or your local Sam’s
Club Pharmacy for details.
Rx Savings Powered by America's Pharmacy: DISCOUNT ONLY – NOT INSURANCE. The
Program as offered by Sam's Club is only available to Sam's Club members. There
are no additional fees for Sam's Club members to use the Program. Discounts are
available exclusively through participating pharmacies. The range of discounts
will vary depending upon the type of prescription and the pharmacy you choose;
the program delivers average savings of 65%, with potential savings of up to 80%
off of the regular retail prices based upon 2021 national program savings data.
The program cannot be used with any insurance plan or government funded program
such as Medicare or Medicaid. Program prices are not available to the general
public and do not constitute Sam’s Club usual and customary prices. The drug
formulary is open. Prescription prices may vary from pharmacy to pharmacy and
are subject to change. The pricing estimates given are based on the most recent
information available and may change based on when you actually fill your
prescription at the pharmacy. Members are required to pay for all health care
services. America's Pharmacy is not a pharmacy; we do not engage in the practice
of pharmacy, including but not limited to, we do not counsel consumers about
prescription medications, and we do not dispense any prescription medications.
Discounted prescriptions available through the program are dispensed by licensed
pharmacies who have agreed to participate in our prescription discount program
offering. You may cancel at any time or file a complaint by calling the
toll-free customer care number at 1-844-863-0353. If a Member remains
dissatisfied after receiving MedImpact's response to a complaint, the Member may
contact the Member's state department of insurance. The program is administered
by MedImpact Healthcare Systems, Inc. 10181 Scripps Gateway Ct., San Diego, CA
92131. Please visit samsclub.americaspharmacy.com for program details.
Sam's Club Pharmacy uses technology and services owned by MedImpact Healthcare
Systems, Inc. (“MedImpact”) to provide the prescription savings search results
on samsclub.com (the “Website”). Sam's Club Pharmacy licenses such technology
and services and does not claim to own them. The information, content and
materials contained at and within the website is provided for informational and
educational purposes only. IT IS NOT MEANT TO BE A SUBSTITUTE FOR PROFESSIONAL
COUNSELING AND/OR ADVICE FROM CERTIFIED MEDICAL, LEGAL OR FINANCIAL
PROFESSIONALS. FOR SPECIFIC ADVICE REGARDING YOUR PARTICULAR SITUATION, YOU MUST
SEEK ADVICE FROM QUALIFIED MEDICAL, LEGAL, TAX OR FINANCIAL ADVISORS.
SATISFACTION GUARANTEE TERMS & CONDITIONS
A. INTRODUCTION
Sam's Club is committed to offering quality products and services at an
exceptional value. Our goal is to ensure that our products and services meet or
exceed your expectations on quality and performance and that you're satisfied
with your Sam's Club membership. We do this through Sam's Club's 100% Membership
Satisfaction Guarantee and 100% Merchandise Satisfaction Guarantee programs
("Guarantee Programs") available exclusively to current active members only.
These Terms and Conditions ("Satisfaction Guarantee Terms and Conditions")
explain the Guarantee Programs and set forth Sam's Club's return, exchange, and
refund policies. No other agreement or guarantee will remove or waive the
limitations and conditions for set forth in these Terms and Conditions. Any
statements to the contrary are null and void unless agreed to in writing by an
authorized officer of Sam's Club. Sam's Club reserves the right to discontinue
any guarantee program or to update or modify these Terms and Conditions without
notice to you.
Sam's Club shoppers are also subject to Membership Terms and Conditions and the
policies and terms of other applicable Sam's Club programs, services, and
promotions, all of which may change without notice.
B. GENERAL TERMS
Sam's Club may limit or refuse requests for exchanges or refunds in the event of
a local, regional or national emergency, fraud, abuse of privileges, or
violations of these Satisfaction Guarantee Terms and Conditions, as determined
in Sam's Club's sole discretion. In the case of fraud or abuse of privileges,
Sam's Club may reverse the amount originally refunded or recharge the amount
originally refunded.
These Satisfaction Guarantee Terms and Conditions do not affect any
manufacturer's warranty or requirements, limitations, or restrictions, which may
vary by product or service. They also do not change any Member Services Benefits
or Protection Plans. See specific Member Services Benefits information or
Protection Plan information for details.
C. 100% MEMBERSHIP SATISFACTION GUARANTEE
If at any time you're unsatisfied with your Membership, let us know and we will
cancel your membership and provide a refund of the amount paid for your current
year Membership fee. Notwithstanding anything to the contrary, there's a limit
of one Plus Membership cancellation or downgrade refund per household or
business per year.
D. 100% MERCHANDISE SATISFACTION GUARANTEE
If you are not satisfied with the merchandise you purchased from Sam's Club,
whether in-Club or online, we'll replace it or provide a refund in most cases.
Some products have different policies, requirements and restrictions associated
with them.
1. GENERAL REQUIREMENTS AND RESTRICTIONS
* In-Club Purchases. Purchases made at any Sam's Club location in the U.S. may
be returned to any Sam's Club location in the U.S.
* Online Purchases. Most purchases made on SamsClub.com may be returned to any
Sam's Club location in the U.S., through SamsClub.com or by calling the
Member Service Center at 888-746-7726. Exceptions will be noted on the
products item page and during the SamsClub.com checkout process.
* SamsClub.com. To request a return through SamsClub.com, login and go to "My
Account" then "Order History".
* Member Service Center. To request a return by calling the Member Service
Center at 888.746.7726, follow the prompts for "SamsClub.com" and
"returns". Please have your order number available.
* Membership Card or Photo ID. You may be required to present your membership
card and/or valid photo identification.
* Receipts. We prefer that you provide your original receipt or printed order,
but if it is not available, we will do our best to process your return
without it.
* Product/Order Contents. You may be required to return the product with all
product/order contents including packaging (boxes, manuals, warranty cards,
etc.), parts, accessories, etc. This includes any promotional gifts,
gift/shopping cards provided with the purchase. Sam's Club reserves the right
to deny the refund in full or provide a partial refund if only part of the
purchase is returned.
* Number of Returns and Time Period. Sam's Club reserves the right to limit the
number of returns and limit returns to items returned within a reasonable
time period after purchase, as determined in Sam's Club's sole discretion.
* Refunds/Credits.
* Tender Type. Certain restrictions and limitations may apply regarding the
tender type (cash, credit, etc.) of the refund or credit.
* Purchases Returned to a Sam's Club Location. You will receive credit to the
account that was charged at the time of purchase if at all possible.
Otherwise, we may provide your refund on a Sam's Club Gift Card or in the
form of Sam’s Cash.
* Online Purchases Returned via SamsClub.com. You will receive credit to the
account that was charged at the time of purchase for merchandise returned
through the SamsClub.com process if at all possible and this may take
several weeks due to return shipping and processing time. Otherwise, we may
provide your refund on a Sam’s Club Gift Card or in the form of Sam’s Cash.
* Purchases via Government Funded Assistance Programs. Certain limitations
and restrictions may apply to purchases using certain government funded
assistance programs, including but not limited to, SNAP (Supplemental
Nutrition Assistance Program) and WIC (Women, Infants and Children).
Returns for items purchased under these programs must follow program
requirements set forth by the government regulatory agency and applicable
law. You may be required to exchange for the exact item being returned. All
EBT (Electronic Benefit Transfer) refunds must be applied to the member's
EBT card.
* Tax. Tax refunds are governed by local laws and may vary by location.
* Instant Savings/Promotions. If a purchase was made using Instant Savings or
other promotions, refunds or credits will be calculated based on the price
minus the Instant Savings amount or other promotional savings.
* Shipping/Delivery Charges. Shipping and delivery charges will be refunded or
credited only if the return is a result of an error by Sam's Club or damaged
during shipping.
2. SPECIFIC PRODUCTS/PURCHASES
If a Member is not satisfied with the merchandise they purchased from Sam's
Club, whether in-club or online, we'll replace it or provide a refund in most
cases with the following exceptions:
14 Day Returns 30 Day Returns 90 Day Returns
Cell Phones
* Prepaid
* Postpaid
* No Contract
Motorsport Products*
* ATVs
* Go-Karts
* Golf Carts
* Other electric/gas vehicles
Commercial Heavy Equipment
* Vending Machines
* Commercial cooking ranges and hood vents
* Ice machines
* Other commercial equipment
* The Member is responsible for the proper removal and disposal of any gasoline
prior to returning. A gasoline purge certificate may be required.
Electronics
* Televisions
* Computers, Laptops & Monitors
* Tablets & Smart Devices
* Cameras & Drones
* Gaming Consoles & Video Games
* Software, Movies & Music
* Other Electronics
Major Appliances
* Washers & Dryers
* Refrigerators above 9 cubic feet
* Freezers
* Ranges & Cooktops
* Over-the-range Microwaves
* Dishwashers
No Returns accepted on:
* Gift Cards & Prepaid Cards
* Tickets
* Custom products (personalized gifts, photos, etc.)
* Purchases made via the Sam's Club Wholesale Trading Program
* Prescriptions may not be eligible for return. Please contact a pharmacist at
the Pharmacy where originally purchased for more information.
Some services and products may be offered with their own return policy,
product-specific warranties, limitations, restrictions and/or requirements
including but not limited to:
* Adult Beverages (Wine, Beer and Spirits). Returns of adult beverages are
governed by local laws and may vary by location. Please contact your local
club for more information.
* Automotive Tires & Batteries. Return requests for automotive batteries and
tires should be made to the Tire and Battery Center in Sam's Club. For more
information regarding warranties, refer to the information provided at the
time or purchase or contact your club manager.
* Bulk/Volume Purchases in Club and via SamsClub.com. A single order of ten
(10) units or more of the same item within a 24-hour period; multiple orders
of ten (10) units or more of the same item within a 24-hour period; orders of
two or more units that exceed $10,000; or five hundred (500) orders within a
rolling twelve (12) month period are considered "Volume Purchases". Volume
Purchases cannot be returned, except in the case of manufacturer defects or
damage. All damages must be submitted with photos to samsbulk@SamsClub.com
within 72 hours after delivery for online purchases. Sam's members who
request online orders to ship into a third-party facility or to a freight
forwarder are responsible for auditing and ensuring their orders arrive
complete and free of damage.
* Cigarettes and Tobacco. Returns of cigarettes or tobacco may require supplier
representative approval due to promotional incentives or previous agreements
and must be returned to the Tobacco Center in the location where originally
purchased.
* Jewelry & Watches must be returned to the Jewelry Counter.
* Hearing Center Purchases can be returned to any club that has a Hearing
Center.
* • Optical Purchases (Prescription glasses, contacts, etc.)– can be returned
to any club that has an Optical Department within the first year.
Prescription glasses can be remade and contacts can be returned/exchanged
within 60 days with proof of prescription change by OD/DR. Open contact lens
boxes, vials, bottles (not related to shipping damage) are not eligible for
return. Custom made RGP contact lenses and other custom prescription products
are not eligible for return. Contact Lenses purchased online are subject to
the return requirements detailed at
https://www.samsclubcontacts.com/returns.asp
* Protection Plans
* Services (subscriptions, travel, etc.) See specific subscription or service
for full details.
SUBSCRIPTION ORDER SERVICE TERMS & CONDITIONS
I. INTRODUCTION
These Subscription Order Service Terms and Conditions govern Sam's Club's
Subscription Order Service. The Sam's Club Subscription Order Service allows
Members to save time by subscribing online to have products shipped regularly on
a schedule of the Member's choosing. By participating in the Subscription Order
Service, you acknowledge that you have read these terms and conditions,
understand them, and agree to be bound by them, and you further understand that
you are authorizing an automatic, recurring charge to your chosen method of
payment each time a Subscription Order is filled.
Participation in the Subscription Order Service is subject to these Subscription
Order Service Terms and Conditions, the Membership Terms and Conditions, the
Website Terms and Conditions, and other Sam's Club rules and policies as may be
applicable. Participation in the Subscription Order Service constitutes
acceptance of these Subscription Order Service Terms and Conditions.
All Sam's Club rules, including these Subscription Order Service Terms and
Conditions, may be amended from time to time without notice.
For more information about starting a Subscription Order, or changing, pausing,
or canceling a Subscription Order, go to Learn more page.
II. SAM'S CLUB MEMBERSHIP OR GUEST MEMBERSHIP REQUIRED
Only current Sam's Club Members or Guest Members who have an online account, who
have a current email address, and who are shipping to addresses in the 48
contiguous United States (excludes Puerto Rico, Guam, the US Virgin Islands, PO
Boxes or to Military APO/FPO addresses) may place Subscription Orders.
III. STARTING A SUBSCRIPTION
Subscription Orders are limited to items displayed on SamsClub.com that have a
"Subscribe" link, which you may use to start a Subscription Order. Participation
in the Subscription Orders Service may not be assigned or transferred.
IV. PROCESSING SUBSCRIPTION ORDERS
If any problems arise with your Subscription Order, or with the shipping address
or payment method associated with your order, and Sam's Club is unable to
resolve the problem, we may notify you via e-mail using the address associated
with your Membership or Guest Membership. It is important that you keep your
information current with an accurate email address that you regularly check. If
problems arise with your Subscription Order that Sam's Club cannot resolve, your
order may be cancelled, and any future Subscription Orders may not be processed
by Sam's Club until the problem has been resolved.
V. ACCEPTED PAYMENT METHODS
Payment for Subscription Orders may be made in any form authorized under the
Membership Terms and Conditions for online purchases, except that no gift cards,
or debit cards are accepted for Subscription Orders.
VI. SUBSCRIPTION ORDER BILLING
The total cost for each item charged to your designated payment method for each
recurring Subscription Order will be the cost of the item on the day that the
recurring order is filled rather than the day the original subscription order
was placed, plus any applicable sales tax.
The charge for each Subscription Order shipment will be billed to the payment
method used to create your Subscription Order account or other card on file. If
we are unable to complete your Subscription Order, your order will be cancelled
unless or until you update your payment method information. Please remember to
update your payment method information as necessary to avoid delays or
cancellations. Your Subscription Order will remain in effect until it is
cancelled by you or Sam's Club, or if the order cannot be fulfilled.
VII. LOW INVENTORY OR ITEM OUT OF STOCK
If Sam's Club no longer has the item you ordered in stock, you will be notified
via the email associated with your Membership Account or Guest Membership. If
Sam's Club does not have a sufficient number of the items to satisfy your order,
it reserves the right to make a partial shipment based on the amounts available.
VIII. CHANGING, CANCELING, OR SKIPPING SUBSCRIPTION ORDERS
If you choose to enroll in a Subscription Order, you will continue to receive
your order until you cancel your Subscription Order. After you have created a
Subscription Order, you can change, cancel, or skip your Subscription Order in
My Subscription page. From there you can modify your shipping address, change
the delivery frequency, update your payment method, or pause or resume an order.
You will receive a Subscription Order reminder email prior to your order being
shipped. The email will contain information on how to change or cancel your
Subscription Order, or you can make the changes via your Order History page. Any
changes made by you to your Subscription Order will take effect with your next
scheduled delivery, but these changes made by you to your Subscription Order
must be made prior to 5 p.m. EST on the Sunday prior to the date your next order
will be placed to be effective for your next order.
IX. RETURNS
All returns of Subscription Orders are subject to the Sam's Club Return Policy
available here.
X. SHIPPING AND DELIVERY
Shipping and Delivery prices and timelines may vary on shipping location and is
subject to the Shipping and Delivery prices and timelines in effect at the time
of shipment for each Subscription Order.
XI. TERMINATION AND INTERRUPTIONS
* Sam's Club reserves the right to amend, cancel or temporarily suspend the
Subscription Order Service, in whole or in part, or change any of these
Subscription Order Service Terms and Conditions at any time for any or no
reason. If this occurs, you will only be charged for orders that have been
shipped to you.
* Sam's Club will not be liable for any interruptions to the Subscription Order
Service. We aim to have your goods ordered, shipped, and delivered per your
Subscription Order schedule, but we do not guarantee that Subscription Orders
will be processed and delivered on or by any date.
SAM'S CLUB THIRD-PARTY SERVICE SUBSCRIPTION TERMS AND CONDITIONS
I. INTRODUCTION
The Sam's Club Third-Party Service Subscription platform allows eligible Members
to subscribe to subscription services provided by third parties. By purchasing
such service subscription, you acknowledge that you have read these terms and
conditions, understand them, and agree to be bound by them, and you further
understand that you authorize an automatic, recurring charge to your chosen
payment method or other payment method saved to your SamsClub.com account, as
set forth in Section IV below.
Your purchase of a third-party service subscription is subject to these
Third-Party Service Subscription Terms and Conditions and the SamsClub.com Terms
and Conditions, including the SamsClub.com Terms and Conditions, including the
Clubs, Site and Membership Terms of Use and other Sam's Club rules and policies
as may be applicable.
All Sam's Club rules, including these Third-Party Service Subscription Terms and
Conditions, may be amended from time to time without notice.
II. SAM'S CLUB MEMBERSHIP AND OTHER REQUIREMENTS
To subscribe to a third-party service subscription, you must:
* Have a current Sam's Club membership;
* Have a current SamsClub.com account;
* Have a current email address; and
* Be a current resident of the United States or the District of Columbia.
For residents of Vermont, annual subscriptions are not available for automatic
renewal. For residents of the District of Columbia, 30-day or longer free trials
with automatic renewal are not available. With respect to each third party that
offers a service subscription, there is a limit of one (1) such subscription per
Sam's Club member.
III. ACCEPTED PAYMENT METHODS
Payment for a third-party service subscription may be made in any form
authorized under the Membership Terms and Conditions for online purchases,
except that Sam's Club Credit Direct Accounts and digital wallet service-Visa
Checkout will not be accepted for third-party service subscriptions. A Walmart
or Sam's Club gift/e-gift card may be used for the initial interval of a
third-party service subscription (i.e., the first month or year); however, such
payment method may not be used for subsequent intervals of the service
subscription. Irrespective of the payment method used for initial purchase, a
valid preferred card is needed on file to complete checkout of a third-party
service subscription.
IV. THIRD-PARTY SERVICE SUBSCRIPTION BILLING
The price, plus any applicable taxes, for a third-party service subscription is
disclosed to you when you place your order. You will be charged when you place
your order, regardless of when you activate or start the service subscription
with the third party. You will then be automatically charged on a recurring
basis at the interval you have selected (e.g., monthly) unless and until you
change or cancel your third-party service subscription. Note that the service
subscription price may change at any time, and the price will change if your
Sam's Club membership tier changes. See the table in Section V, below, for
details. You agree to waive the right to receive notice of all variations in
price, and instead agree to receive such notice only if the price for the
third-party service subscription increases by more than twenty dollars ($20.00).
In such a case, and if the payment method you selected, or that Sam's Club will
charge, is a debit or prepaid card, Sam's Club will provide you with notice at
least ten (10) days in advance of the next recurring charge at the higher price,
and you will have the option to cancel your subscription. The notice will be
sent to the email associated with your SamsClub.com account.
The price, plus any applicable taxes, for each interval (e.g., each month) will
be billed to the payment method selected by you on the subscriptions page of
your SamsClub.com account, subject to Section III (Accepted Payment Methods)
above. If we are unable to complete payment for your third-party service
subscription with the payment method you selected to purchase your third-party
service subscription (for example, because that payment method has expired or is
otherwise unavailable), you agree that we may charge any other payment method
stored in your SamsClub.com account until you select a new designated payment
method. If no payment methods in your account can be used, your service
subscription will be canceled by Sam's Club unless or until you update your
payment method information in your SamsClub.com account. Please remember to
update your payment method information as necessary to avoid delays or
cancelations. Your third-party service subscription will otherwise remain in
effect until it is canceled by you or Sam's Club.
A free-trial period may be offered to first-time subscribers of certain
third-party service subscription plans. There is a limit of one (1) free trial
period per member across all eligible third-party service subscription plans on
each third-party service subscription description page on SamsClub.com. Any
free-trial period for a third-party service subscription will begin on the date
of purchase on SamsClub.com. You will be automatically charged for the
third-party service subscription at the end of the free-trial period unless you
cancel at least twenty-four (24) hours before the free-trial ends. See Section
V, below, for instructions on how to cancel. If you upgrade your third-party
service subscription during the free trial period, you will lose your free
trial, and Sam's Club will charge you immediately for the upgraded third-party
service subscription plan.
V. CHANGING AND CANCELING THIRD-PARTY SERVICE SUBSCRIPTIONS
If you choose to purchase a third-party service subscription, you will continue
to receive the subscription until you change or cancel the subscription or your
Sam's Club membership. You can change or cancel your third-party service
subscription on the subscriptions page in your SamsClub.com account. From there,
you can also modify or update your payment method. You must cancel at least
twenty-four (24) hours before the end of your current interval in order to avoid
being charged for the next interval of your third-party service subscription.
For example, if your subscription is monthly, you must cancel at least
twenty-four (24) hours before the end of the current monthly billing interval in
order to avoid a charge for the next monthly interval, and if your subscription
is annual, you must cancel at least twenty-four (24) hours before the end of the
current annual billing interval in order to avoid a charge for the next annual
interval. There are no refunds for third-party service subscriptions. Contact
the Sam's Club customer service center at https://help.samsclub.com.
The table below sets out the effects of various changes on monthly, quarterly
and annual service subscriptions:
Monthly and Quarterly Service Subscriptions Annual Service Subscriptions
Cancellation
* Cancelation is effective from the next billing date. For example, for a
monthly plan, if your subscription begins/renews on June 15 and you cancel on
July 10, your cancelation is effective as of July 15. For example, for a
quarterly plan, if your subscription begins on September 1 and you cancel on
October 1, your cancelation is effective as of December 1.
* There are no refunds.
* Cancelation is effective from the next billing date. For example, if your
subscription begins on June 15 and you cancel on September 15, your
cancelation is effective as of June 15 of the next year.
* There are no refunds.
Service Subscription Upgrade
An upgrade to your subscription will take effect immediately, and:
* Your billing date will remain the same.
* You will be charged the new price, plus applicable taxes, on a prorated basis
for the remainder of your current interval, minus a prorated credit for the
remainder of your current interval.
* You will be charged the new price for subsequent intervals.
An upgrade to your subscription will take effect immediately, and:
* Your billing date will remain the same.
* You will be charged the new price, plus applicable taxes, on a prorated basis
for the remainder of your current interval, minus a prorated credit for the
remainder of your current interval.
* You will be charged the new price for subsequent intervals.
Service Subscription Downgrade
If you downgrade your service subscription:
* Your billing date will remain the same.
* You will be charged the new price beginning with the next billing date.
* There are no credits or refunds.
If you downgrade your service subscription:
* Your billing date will remain the same.
* You will be charged the new price beginning with the next billing date.
* There are no credits or refunds.
Change to Billing Interval
If you change your billing interval from monthly to annual:
* The change will take effect immediately.
* You will be charged the full annual price for the service subscription, minus
a prorated credit for the remaining time in your monthly interval.
If you change your billing interval from annual to monthly:
* The change will take effect on your next monthly billing date. You will then
be charged the monthly price on a going-forward basis.
* You will not receive a prorated credit for unused time on your annual service
subscription.
Membership Upgrade
If you change your Sam's Club membership level from Club to Plus:
* The service subscription price change will take effect at your next billing
date.
* Your billing date will remain the same.
* There are no credits or refunds.
If you change your Sam's Club membership level from Club to Plus:
* The service subscription price change will take effect at your next billing
date.
* Your billing date will remain the same.
* There are no credits or refunds.
Membership Downgrade
If you change your Sam's Club membership level from Plus to Club:
* The service subscription price change will take effect at your next billing
date.
* Your billing date will remain the same.
* There are no credits or refunds.
If you change your Sam's Club membership level from Plus to Club:
* The service subscription price change will take effect at your next billing
date.
* Your billing date will remain the same.
* There are no credits or refunds.
Membership Expiration or Cancellation
The service subscription is canceled upon the next scheduled billing date.
The service subscription is canceled upon the next scheduled billing date.
VI. TERMINATION AND INTERRUPTIONS
Sam's Club reserves the right to amend, cancel or temporarily suspend the
Third-Party Subscription Service platform, in whole or in part, or change any of
these Third-Party Subscription Service Terms and Conditions at any time for any
or no reason. If this occurs, you will not incur any new charges in connection
with your cancelled third-party service subscription.
Sam's Club will not be liable for any interruptions to a third-party service
subscription.
SCAN AND GO TERMS & CONDITIONS
I. INTRODUCTION
The Sam's Club Scan & Go App ("SNG App") is designed to allow users to use their
smartphones to scan items for purchase in participating Sam's Clubs and skip
long checkout lines. Use of the SNG App is subject to these SNG App Terms and
Conditions. By using the SNG App, you agree that you have read, understood, and
accepted the Terms and Conditions and consent to be bound by them.
In addition to these Terms, use of the SNG App is subject to the Terms and
Conditions of SamsClub.com, which are available here. All information provided
by users of the SNG App will be controlled by the Sam's Club Privacy Policy,
which is available here and incorporated by reference. Additional relevant
terms, including but not limited to Membership Terms and Conditions, Instant
Savings Terms and Conditions, Cash Rewards Terms and Conditions, also apply and
are available here.
All Sam's Club rules, including these SNG App Terms and Conditions, may be
amended from time to time without notice. In addition, Sam's Club may alter,
suspend, or terminate use of the SNG App at any time at its discretion without
notice to the user.
II. ACCESSING AND USING THE SNG APP
* The SNG App is designed to allow Members to use their smartphones to scan
items for purchase in participating Sam's Clubs and skip long checkout lines.
To use the SNG App, open the app and scan each item's barcode, or if there is
no barcode, the app will use computer vision and AI technology to recognize
the products scanned. If the app is unable to automatically determine the
item, please look up the item in the SNG App. Please note that images of
scanned items may be retained by Sam's Club to improve our software. When
shopping is complete, check out and pay for purchases in the SNG App with an
accepted form of payment, and show the receipt from your phone on the way
out.
* For certain large SNG App purchases, you will be asked to confirm your
payment method and identity with a Sam's Club associate located at the Club
exit by presenting the credit card used for the transaction and a
government-issued photo identification. If you are unable or unwilling to do
so, you must pay for your purchase using traditional check-out methods.
Please consult your Club for further details.
* Some items such as alcohol, tobacco, non pre-activated gift cards, tires, car
batteries, hearing center items, R-rated movies and games, prescriptions and
some harsh chemicals cannot be purchased using the SNG App.
* Sam's Club reserves the right to prohibit any individual from using the SNG
App for any reason, including for: (1) violating any of these Terms and
Conditions, (2) acting in a manner inconsistent with applicable laws,
regulations, ordinances or these Terms and Conditions, (3) engaging in any
misconduct or wrongdoing in connection with the SNG App, or (4) engaging in
any fraudulent or inappropriate acts through the SNG App.
* The SNG App is designed to be used on the user's personal smartphone with
internet access. Sam's Club is not responsible for any data usage charges,
service plans, fees, taxes or other charges related to your smartphone you
may incur in connection with using the SNG App.
* Sam's Club is not responsible for: (a) any inability to use the SNG App; (b)
any delay in receiving information from the SNG App; (c) any acts or
omissions of third parties; or (d) any errors in relation to the messages
provided by the SNG App, including, without limitation, any pricing or
typographical errors, errors of description, or errors regarding advertised
prices.
* Support requests, as well as questions, complaints, or claims regarding the
SNG App, may be directed to Sam's Club Customer Support, at 1 888 746 7726.
III. LICENSE GRANT AND USE RESTRICTIONS
The SNG App, including software embedded in the SNG App, is licensed, not sold,
to you by Sam's Club only under these Terms and Conditions, and Sam's Club
reserves all rights not expressly granted to you. Sam's Club does not own the
media or device on which the SNG App is recorded or stored, but Sam's Club and
its licensors retain ownership of the SNG App itself and any images of items
scanned by the app. The SNG App is available only for supported devices, and is
not available for all devices. Please check Sam's Club to determine whether a
specific device-software combination is supported by the App. You may not use
the SNG App on devices that are not supported. You may not distribute or make
the SNG App available over a network where it could be used by multiple devices
at the same time. You may not sell, resell, rent, lease, lend, redistribute,
sublicense, or otherwise make the SNG App available. With respect to updates to
the App that Sam's Club may make available for download, these Terms and
Conditions allow you to download such SNG App updates to update or restore the
SNG App on any supported device.
IV. COPYRIGHT
The SNG App is protected by copyright laws and international treaties. Except as
and only to the extent permitted by applicable law, or by licensing terms
governing use of open-sourced components included with the SNG App, you may not
copy, decompile, reverse engineer, disassemble, attempt to derive the source
code of, decrypt, modify, or create derivative works of the SNG App or SNG App
updates, or any part thereof. Any attempt to do so is a violation of these Terms
and Conditions and the rights of Sam's Club and/or its licensors. If you violate
this restriction, you may be subject to prosecution and damages.
V. DISCLAIMER OF WARRANTIES
* To the extent authorized by law, Sam's Club makes no representations or
warranties, either express or implied, with respect to type, quality, or
fitness of goods or services or information provided in conjunction with the
SNG App.
* Sam's Club's waiver of any breach of these Terms by any user will not
constitute a waiver of any other prior or subsequent breach of these Terms.
Sam's Club's failure to insist upon strict compliance with these Terms by any
user will not be deemed a waiver of any rights or remedies that Sam's Club
may have against that or any other user. Sam's Club may waive compliance with
these Terms in its sole discretion.
VI. LIMITATION OF LIABILITY
BY USING THE SNG APP, YOU AGREE THAT UNDER NO CIRCUMSTANCES, SHALL SAM'S CLUB OR
ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE
LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE USE OF OR INABILITY TO USE THE APP.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND
DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL,
EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR
PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN
AUTHORIZED REPRESENTATIVE OF SAM'S CLUB HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN
OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SNG APP, THAT YOUR USE OF THE APP IS AT YOUR
SOLE RISK. IF YOU ARE DISSATISFIED WITH THE APP OR ANY CONTENT ON THE APP, OR
WITH THESE APP TERMS AND CONDITIONS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE APP.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR
UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SAM'S CLUB UNDER
SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL
NOT EXCEED ONE HUNDRED DOLLARS ($100).
VII. TERMS FOR IOS USERS
* These Terms and Conditions are between you and Sam's Club only, and not with
Apple. Sam's Club, and not Apple, is solely responsible for the SNG App.
* Your use of the SNG App must comply with the Usage Rules set forth in the
Apple App Store Terms of Use. The license granted to you for the SNG App is a
non-transferable license to use the SNG App on any iOS products that you own
or control and as permitted by the Usage Rules set forth in the App Store
Terms of Service, except that the SNG App may be accessed, acquired, and used
by other accounts associated with you via Apple's Family Sharing program or
volume purchasing.
* Sam's Club, and not Apple, is solely responsible for providing maintenance
and support for the SNG App.
* In the event of any failure of the SNG App to comply with any warranty that
may exist as a matter of law, you may notify Apple, and Apple will refund the
purchase price for the SNG App to you. To the maximum extent permitted by
applicable law, Apple will have no other warranty obligation whatsoever with
respect to the SNG App, and will not be liable for any other claims, losses,
liabilities, damages, costs or expenses attributable to any failure to
conform to any warranty. Sam's Club shall not be required to provide a refund
to you under any circumstances.
* Apple shall not be responsible for addressing any claims by you or any third
party relating to the SNG App or your possession and/or use of the SNG App,
including but not limited to (i) product liability claims, (ii) any claim
that the App fails to conform to any applicable legal or regulatory
requirement, or (iii) claims arising under consumer protection or similar
legislation.
* Apple shall not be responsible for the investigation, defense, settlement or
discharge of any claim that the SNG App, or your possession and use of the
SNG App, infringes a third party's intellectual property rights.
* You represent and warrant that (i) the SNG App will not be downloaded or used
in, or transported to, a country that is subject to a U.S. Government
embargo, or has been designated by the U.S. Government as a
"terrorist-supporting" country, and (ii) you are not listed on any U.S.
Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these Terms and
Conditions, and have the right (and shall be deemed to have accepted the right)
to enforce these Terms and Conditions against you.
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