PRO Premier Rewards Program Rules (the “Official Rules”)
Your participation in PRO Premier Rewards (the “Program”) and use of FDProRewards.com (the “Site”) are governed by these Official Rules and accompanying Privacy Policy.
PLEASE REVIEW THE FOLLOWING CAREFULLY, INCLUDING SECTION IX, AS IT AFFECTS YOUR LEGAL RIGHTS. THESE OFFICIAL RULES CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN A JURY OR ANY OTHER COURT PROCEEDING OR CLASS ACTION OF ANY KIND.
I. Eligibility
a. The Program is made available by The Floor and Decor Outlets of America, Inc. (“FND”) exclusively to PRO customers making Qualified Purchases through FND, hereafter referred to as “Participant(s).” Employees of FND are not eligible to participate in the Program. Qualified Purchases are purchases made by Participants and Participants’ customers of designated products, less any taxes, fees, or returns. Qualified Purchases exclude FND gift cards. By participating in this Program, the Participant fully and unconditionally agrees to and accepts these Official Rules and the decisions of FND and Augeo Marketing (“Augeo”), which are final and binding in all matters related to the Program.
b. Participants must be 18 years of age or older to participate in the Program.
c. Only Participants who are in good standing and purchase eligible goods through FND during the Program period will be eligible to redeem Reward Points (“Reward Points”). Qualified Purchases will not be tracked unless and until you have completed the enrollment requirements. For the purpose of this section, “good standing” shall mean a Participant whose customer, trade, credit, purchasing, or other account with FND is in compliance with all of the terms and conditions applicable to the respective account(s). Subject only to the terms and conditions of any agreement governing such account(s), FND reserves the right to determine whether Participant is in good standing and will consider such factors as, including but not limited to, non-payment, payment or other deliverable delinquency, default, breach, disputes, and other claims which might impact Participant’s good standing with FND.
d. All eligible Participants will receive Reward Points for purchases starting the 1st of the month during which enrollment occurred.
e. Participants cease to be eligible to earn Reward Points upon termination of the Program for any reason. Notice will be provided to Participants that they have 60 days to redeem remaining Reward Points balance.
f. FND reserves the right to exclude certain customers and all FND employees, or products, from generating Reward Points under the Program. Only those products designated by FND in its sole discretion will be deemed to be Qualifying Purchases.
II. Reward Points Earning
a. The Program is valid for Qualifying Purchases starting the 1st of the month during which enrollment occurred and is ongoing with Reward Points deposited automatically. FND has the right, in its sole discretion, to modify, add, or delete any of these Official Rules, benefits, or discounts in whole or in part, at any time, with or without notice, except where prohibited by law.
b. Participants will earn Reward Points for their Qualifying Purchases, excluding gift cards, taxes, shipping, and delivery fees, as outlined on the Site. Reward Points earned for Participants’ Qualifying Purchases will automatically be awarded to Participants’ accounts.
c. Participants are also eligible to earn Reward Points for their customers’ Qualifying Purchases, as outlined on the Site. Participants are required to show proof of purchase using either their customers’ original receipts or pictures of their customers’ original receipts. Deadline to earn Reward Points on customers’ Qualifying Purchases is no later than the last day of the month that follows the purchase date listed on their customers’ receipts.
d. FND reserves the right, in its sole discretion, to add, delete, or modify the Reward Points issued for Qualifying Purchases throughout the year. Should such additions or modifications occur, the revised Reward Points and/or Qualifying Purchases will be communicated on the Site.
e. Reward Points are non-transferable by any Participant to any other Participant’s account. The sale or barter of Reward Points is prohibited.
f. Reward Points have no exchangeable or redeemable cash value.
g. Any reduction in Reward Points, as determined by FND, will be noted and posted to the Participant's account and will reduce the total Reward Points available.
h. Participants are responsible for ensuring the accuracy of their account and should check their account regularly. Participants are responsible for ensuring that the mailing address and email address associated with their account is accurate and up to date. FND is not responsible for non-receipt of a reward that was shipped to the mailing address provided during the redemption process. The Participant to whom the account belongs may only make changes to an account or account information. FND is not responsible for any incorrect or inaccurate information supplied by any Participant.
i. The accumulation of Reward Points is subject to these Official Rules. Each Participant is responsible for reading these Official Rules and any newsletters, amendments, modifications, supplements, and other communications, however delivered, in order to understand his or her rights, responsibilities, and status in the Program and structure for earning Reward Points and redeeming for rewards.
j. From time to time, FND may conduct sweepstakes, questionnaires, surveys, contests, and other promotions for Participants. All such sweepstakes, questionnaires, surveys, contests, and other promotions shall be governed by the official rules designed by FND. Your participation in any of these constitutes your acceptance of the applicable official rules.
III. Tracking Your Reward Points
a. Participants can view their available Reward Points by logging into their FND account. Participants’ accounts will be updated daily to reflect any Reward Points earned in connection with Qualifying Purchases, deducted for the return of any Qualifying Purchases, and redeemed for any rewards.
IV. Reward Points Redemption
a. Reward Points may be redeemed by clicking “Rewards” on the Site and following the redemption process.
b. Once Reward Points have been redeemed for a reward, the Reward Points cannot be converted back into Participant’s account.
c. The number of Reward Points required to redeem any reward may be increased, any reward may be withdrawn, and restrictions on any reward or reward redemption may be imposed at any time.
d. FND reserves the right to correct any benefit, value, discount, misprint, or any offer offered in error. In the event FND improperly denies a benefit, FND’s liability is limited to the proper posting of such benefit.
e. The Site, rewards catalog, and reward redemptions are administered by Augeo.
V. Delivery and Return of Rewards
a. Rewards cannot be delivered to any PO Box or other non-registered address. Rewards will be shipped via ground to the address provided during redemption. Special arrangements will be made for shipments outside the contiguous United States and could incur additional costs.
b. All rewards offered are subject to availability. Participant will be notified if the reward ordered is not available and when it will become available. PRO Premier Reward Headquarters reserves the right to substitute a similar reward at its discretion.
c. Please allow up to 4-6 weeks for delivery of rewards. In some cases, delivery may, with or without notice, require additional time.
d. Redeemed Reward Points are not refundable or transferable for cash, other rewards, or Reward Points under any circumstance, except for when the reward received is damaged or is not the correct reward redeemed. Should this exception arise, please contact PRO Premier Reward Headquarters to arrange for return or exchange. Participant must notify PRO Premier Reward Headquarters within 14 days after reward delivery of the intent to return the reward otherwise Participant assumes full responsibility for reward.
e. In the event of a return, any new, unopened, and unused reward is to be shipped in its original packaging with all original labeling attached, together with all items included with the reward such as batteries, cables, remote controls, etc., to the address provided by PRO Premier Reward Headquarters. PRO Premier Reward Headquarters will pay shipping costs for the return of a damaged or incorrect reward. Upon receipt and evaluation of the returned reward, a replacement reward will be shipped to the Participant. Participant is responsible for shipping costs and/or restocking fees on returns for any other reason.
f. Participant assumes full responsibility and waives any claim against FND with respect to late, lost, and/or misdirected mail with the exception of rewards shipped, which will be tracked by PRO Premier Reward Headquarters. Neither FND nor Augeo are responsible for rewards that are lost or stolen following delivery.
g. Digital gift cards are non-returnable and non-refundable. FND, Augeo, and/or Augeo’s affiliates are not responsible for lost or stolen digital gift cards. Digital gift cards cannot be modified or canceled through the Program once the order is placed.
h. Live event tickets are non-refundable and non-transferable. FND, Augeo, and/or Augeo’s affiliates are not responsible for lost or stolen tickets. Event tickets cannot be modified or canceled through the Program once the order is placed.
i. Experiences are explicitly subject to Great American Days’ terms and conditions. FND, Augeo, and/or Augeo’s affiliates are not responsible for lost or stolen experiences that may result in impersonation and/or the fraudulent booking of an experience.
j. Social good donations are non-returnable and non-refundable. Social good donations cannot be modified or canceled through the Program once the order is placed.
k. HomeAdvisor leads credits are non-returnable and non-refundable. HomeAdvisor leads credits cannot be modified or canceled through the Program once the order is placed..
l. In addition to any rules or regulations set forth in these Official Rules, at all times rewards remain subject to the rules, regulations, agreements, restrictions, and other limitations set forth by any third-party provider, vendor, servicer, manufacturer, hospitality management, location, or otherwise.
m. All reward-related inquiries can be submitted to PRO Premier Reward Headquarters via phone, email, or mail at the following:
PRO Premier Reward Headquarters
2561 Territorial Road
St. Paul, MN 55114
Phone: 800-338-5196
Email: support@FDPRORewards.com
VI. PRO Partner Services
a. PRO Partners are third-party affiliates that provide value-added services designed to help Participants grow and manage their businesses.
b. Participants must be logged into the Site in order to access all of the content, offers, and discounts provided by PRO Partners.
c. Submitting an inquiry to, purchasing the services of, or engaging with a PRO Partner in any other manner does not impact or influence a Participant’s eligibility, earnings, or status in the Program.
d. The costs of PRO Partner services are the sole responsibility of the Participant. Reward Points cannot be used as payment for PRO Partner services.
e. PRO Partners are administered by Augeo.
VII. General
a. FND reserves the right to terminate the Program at any time by providing written notice of the conclusion of the Program earnings period. Participants will be notified of the conclusion and will cease to earn Reward Points after six months. Participants will have an additional three months after the conclusion of the earnings period to redeem their Reward Points, after which all Reward Points will expire.
b. FND reserves the right to deactivate or close a Participant’s account under the following circumstances:
· A Participant requests an account closure.
· A Participant is deceased.
· A Participant fails to have any FND sales-related activity or Program points-related activity within 24 consecutive months.
· A Participant resides in or relocates to a country where Program participation is prohibited under applicable law.
· A Participant engages in or his/her account is subject to fraudulent activity.
· A Participant violates these Official Rules.
c. FND reserves the right to discontinue participation privileges and/or void all or a portion of a Participant’s Reward Points balance if the Reward Points have been issued, received, or redeemed through computer error, fraud, mistake, or theft, through illegal means, or in a manner not authorized in these Official Rules.
d. Reward Points earned through the Program may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or redemption of Reward Points is the sole responsibility of the Participant.
e. The Program is made available by FND in its sole discretion. In the event of any dispute relating to the earning of Reward Points, redemption of Reward Points, or other aspects of the Program, the decision of FND and Augeo shall be final with respect to the Program or any Participant.
f. FND’s and Augeo’s waiver of any violation of these Official Rules will not be a waiver of any preceding or subsequent violation hereof. These Official Rules constitute the entire understanding with respect to the subject matter hereof and shall supersede any and all communications, negotiations, correspondence, course of dealings, and other agreements regarding such subject matter.
g. All brand and product names are trademarks of their respective companies.
h. The Site is created and managed by Augeo of St. Paul, Minnesota, United States, whose laws govern the terms and conditions of this Site, without giving effect to any principles of conflicts of laws. The user agrees that any dispute arising in connection with this Site and the Program will be adjudicated in the State of Minnesota, under Minnesota law.
i. THIS SITE IS MADE AVAILABLE TO ANY AND ALL USERS ON AN AS-NEEDED BASIS.
FND AND AUGEO DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER IS EFFECTIVE TO THE FULL EXTENT PERMITTED BY LAW, WHERE APPLICABLE. FND AND AUGEO AND THEIR RESPECTIVE PARENT, AFFILIATE, AND SUBSIDIARY ORGANIZATIONS AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF EACH, SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES INCURRED BY ANY USERS OF THIS SITE UNDER ANY LEGAL THEORY. FND AND AUGEO’S MAXIMUM LIABILITY TO ANY USER OF THIS SITE FOR DIRECT DAMAGES UNDER ANY LEGAL THEORY SHALL BE LIMITED TO TWENTY-FIVE DOLLARS ($25.00).
TO THE FULLEST EXTENT ALLOWABLE BY LAW, FND AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURERS, OFFICERS, DIRECTORS, EMPLOYEES, AND SHAREHOLDERS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY REWARDS PARTNER OR THIRD PARTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
j. Only one Participant may be enrolled per account. Participants may not maintain more than one account.
k. All Participants consent to receive promotion, transaction, and other emails from FND and Augeo.
l. FND and Augeo have the sole discretion to interpret and apply these Official Rules, and all questions or disputes regarding these Official Rules will be resolved by FND and Augeo in their sole discretion.
m. m. If a participant wants to unenroll from the Program they can do so by visiting their nearest store location to speak with PRO services.
VIII. Privacy Policy
These Official Rules expressly incorporate the Floor & Decor Privacy Policy found here. Floor & Decor and Augeo Marketing collect information from you when you enroll in the Program and login to the Site. You may be asked to enter your name, phone number, email address, mailing address, and/or other personal information. Any of the information we collect from you may be used in one of the following ways:
· To personalize your experience.
· To improve customer service. Your information helps us to more effectively respond to customer service requests, process rewards, and support the Program.
· To send periodic Program emails. The email address you provide may be used to send you information, respond to inquiries, and/or facilitate other requests or questions.
· As we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public and government authorities; (d) to enforce the Official Rules and other terms and conditions; (e) to protect our rights, privacy, safety, or property; (f) to detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity, including attempts to manipulate accumulated Reward Points or violate these Official Rules; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. We do not sell, trade, or otherwise transfer to outside parties your personally-identifiable information. We may release your information when we believe release is appropriate to comply with the law, enforce our Site policies, or protect others or ours rights, property, or safety. By using our Site, you consent to the Site’s Privacy Policy. If we decide to change our Privacy Policy, we will post those changes on this page. If there are any questions regarding this Privacy Policy, you may contact us at privacy@flooranddecor.com.
Your California Privacy Rights
California Civil Code 1798.115(c), 1798.130(a)(5)(c), 1798.130(c), and 1798.140 indicate that organizations should disclose whether certain categories of information are “sold” or transferred for an organization’s “business purpose” as those terms are defined under California law. You can find a list of the categories of information that we share here. Please note that because this list is comprehensive it may refer to types of information that we share about people other than yourself. If you would like more information concerning the categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing, please submit a written request to us via email at privacy@flooranddecor.com or via first class or registered mail to 2500 Windy Ridge Parkway SE, Atlanta, GA 30339, Attn: Legal Department. We will respond to these requests within forty-five (45) days.
.
IX. INFORMAL DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
A party asserting a Dispute (as defined below) shall first try to negotiate in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 60 business days from receipt in which to respond. The notice is required to include your name and contact information (including address, telephone number, and email address). It is also required to include sufficient for the FND Parties (as defined below) to identify any transaction at issue and. a detailed description of (1) your Dispute, (2) the nature and basis of claim(s), and (3) the nature and basis of the relief sought. You must personally sign the notice. During this informal process, should the FND Parties request an individualized telephonic conference to further the parties' efforts to resolve the Dispute, you agree to personally participate along with your counsel if you are represented.
.
Notice shall be made by first class or registered mail (1) to FND at 2500 Windy Ridge Parkway SE, Atlanta, GA 30339, Attn: Legal Department, or (2) to you at the postal address on file with FND.
.
Both you and the FND Parties agree that this informal dispute resolution procedure is a condition precedent that must be satisfied before initiating any formal dispute resolution proceeding. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this mandatory informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, either party may elect to have this issue decided by a court and any formal dispute resolution proceeding shall be stayed pending resolution of the issue.
.
Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and FND agree that any legal dispute or claim between you and FND, including its parents, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns (collectively, the "FND Parties"), arising out of, relating to or concerning any aspect of your customer relationship with FND, the Program, the Sites, and any communications between you and the FND Parties, or your participation in any program or service provided by the FND Parties ("Dispute"), shall be resolved through binding individual arbitration unless you are expressly permitted to resolve your legal dispute or claim outside of arbitration pursuant to this Arbitration Agreement. Dispute includes any dispute, action, claim, or other controversy between you and the FND Parties, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. Dispute also includes all legal disputes or claims that arose before the existence of the Program Rules (including, but not limited to advertising claims) and legal disputes or claims that arise after the termination of the Program Rules. The term "Dispute" will be given the broadest possible meaning allowable under law.
.
All arbitration proceedings between you and the FND Parties will be administered by the American Arbitration Association ("AAA") and shall be governed by the applicable rules of the AAA then in effect (the "Rules") as modified by this Arbitration Agreement. If AAA is unable or otherwise unavailable to administer an arbitration consistent with the terms of this Arbitration Agreement, then the parties shall attempt to agree on an alternative administrator. If the parties cannot reach an agreement on an alternative administrator, one shall be selected by a court, which shall administer the arbitration consistent with the terms of this Arbitration Agreement. You or the FND Parties may commence arbitration against the other by delivering a demand for arbitration ("Demand") that is personally verified by you and describes in detail the nature and basis of your claim(s) and request for relief. The Demand shall be sent by first class or registered mail to (1) Floor and Decor Outlets of America, Inc. at 2500 Windy Ridge Parkway SE, Atlanta, GA 30339, Attn: Legal Department, or (2) you at the postal address on file with FND. In your Demand, you shall personally certify to AAA and to FND that you are a party to this Arbitration Agreement and provide a copy or link to it when submitting your Demand. You shall also personally certify that you have fully complied with the Informal Dispute Resolution process detailed above. You agree that you shall personally participate, along with your counsel if represented, in an individualized administrative telephonic conference with AAA prior to the appointment of an arbitrator if requested by the FND Parties.
.
The arbitration will be conducted before a sole neutral arbitrator selected by agreement between you and the FND Parties, who shall be located where the arbitration shall take place. If you and FND cannot agree on the appointment of a single arbitrator, a neutral arbitrator will be selected as provided in the Rules. The arbitration will be conducted at a location reasonably convenient to you.
.
The parties agree that the arbitrator may award relief (including declaratory or injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party's individual claim. The arbitrator may not award relief for or against anyone who is not a party to the proceeding. The award of the arbitrator will be the exclusive remedy of you and the FND Parties for all claims, counterclaims, issues or accountings presented or pleaded to the arbitrator. The award of the arbitrator may require payment of the costs, fees and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. The provisions of Federal Rule of Civil Procedure 68 shall be applied by the arbitrator. The arbitrator shall be bound by the Program Rules as any court would. The arbitrator shall issue a reasoned, detailed decision explaining the essential findings and conclusions on which the award is based. The arbitration award shall be binding only as to the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party provided that the arbitrator may consider rulings in other arbitrations involving different individuals.
.
Judgment upon the award may be entered in a state court presiding over Atlanta, Georgia or, if subject matter jurisdictional requirements can be satisfied, the United States District Court for the Northern District of Georgia, and you irrevocably submit to the jurisdiction and venue of any such courts in any action or proceeding brought to enforce a judgment. Any additional costs, fees or expense incurred in enforcing the award may be charged against the party that resists its enforcement.
.
YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL, TO SUE OR TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS, INCLUDING ANY CLASS-ACTION SUIT. THE PARTIES AGREE THAT THE ARBITRATION SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL AND NOT A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. A DISPUTE MAY NOT BE CONSOLIDATED WITH THE CLAIMS OF ANY OTHER PERSON OR ENTITY. THIS CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS AN ESSENTIAL PART OF THE ARBITRATION AGREEMENT AND IF IT IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF THEN NEITHER PARTY IS ENTITLED TO ARBITRATE SUCH CLAIM OR REQUEST FOR RELIEF. IF A COURT DETERMINES THAT THE CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS NOT ENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (INCLUDING PUBLIC INJUNCTIVE RELIEF) AND ANY APPEALS OF THAT DECISION HAVE BEEN EXHAUSTED OR THE DECISION IS OTHERWISE FINAL THEN THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN COURT, BUT SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.
.
Notwithstanding the foregoing waiver, either you or the FND Parties may elect to have your individual claim heard in small claims court, which shall seek only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This election may be made at any time prior to the appointment of an arbitrator, assuming it is consistent with the jurisdictional and dollar limits that may apply.
.
If your Dispute is asserted or noticed along with 30 or more similar claims or disputes by the same or coordinated counsel or is otherwise coordinated, you understand and agree that the adjudication of your Dispute might be delayed. Specifically, you understand and agree to the following coordinated bellwether process: Counsel for the claimants and counsel for the FND Parties shall each select 15 Demands to proceed first in arbitration in a bellwether process. The remaining Demands shall not be filed or deemed filed in arbitration and no intake shall be processed and no filing or other arbitration fees shall become due and owing for those Demands until they are selected for a bellwether process. If the parties are unable to resolve the remaining Demands after the conclusion of the initial 30 proceedings, then each side shall select another 15 Demands to proceed to arbitration for a second bellwether process. This process shall continue until all of the Demands are adjudicated or otherwise resolved. Only one case may be assigned to each arbitrator as part of this process unless the parties mutually agree otherwise. The statute of limitations shall be tolled for Demands that are coordinated as part of this process until the time the Demands are selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing of arbitration demands against the FND Parties.
.
Except as specifically set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Except as specifically set forth above, only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the lawsuit waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of such waiver. The Informal Dispute Resolution provision and this Arbitration Agreement shall survive any termination of the Program, the Program Rules, and/or your relationship with FND.
.
The Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of the Arbitration Agreement, and with regard to any interpretations of this agreement or any permitted non-arbitrated disputes or claims under this agreement, the law of the State of Georgia will govern without regard to principles of choice or conflicts of law. You agree that any permitted non-arbitrated disputes or claims between you and FND arising from or related to the Program or this agreement shall exclusively be resolved in a state court presiding over Atlanta, Georgia or, if the subject matter jurisdictional requirements can be satisfied, in the United States District Court for the Northern District of Georgia, and you irrevocably consent and submit to the personal jurisdiction and venue of such state and federal courts for any such dispute or claim. You waive any right that you may have to object to the personal jurisdiction or venue of such state and federal courts.
.
You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk.
.
You agree that FND may at any time change the terms, conditions and notices under which the Program and/or the Sites are offered. Such changes will be effective when posted. By continuing to access or use the Program and the Sites, among other things, after we post any such changes, you accept the terms and conditions as modified. If we make any future changes, they shall not apply to any Dispute for which you have previously provided notice to FND. We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Program and the Sites or any portion of the Program of the Sites. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
.
You agree that no joint venture, partnership, employment or agency relationship exists between you and FND as a result of this agreement or your use of and participation in the Program or the Sites. FND's performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of FND's right to comply with law enforcement requests or requirements relating to your use of the Program or the Sites, or information provided to or gathered by FND with respect to such use.
.
The communications between you and us via the Sites, applications or use of other electronic means, whether you visit the Sites or send us an email, or whether we post notices on the Sites or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
.
This Agreement, The Official Rules, the privacy policy (Your Privacy Rights) located on our Site, and any terms of sale constitute the entire agreement between you and FND with respect to the Program and these Sites. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and FND with respect to the Program and the Sites. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by FND in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by FND in printed form.
.
If any provision of these terms and conditions is found to be illegal or unenforceable, the remainder of these terms and conditions shall continue to be fully valid, binding, and enforceable. Except as specifically provided in the Dispute resolution provisions above, these terms and conditions are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these terms and conditions may only be invoked or enforced by you or us.
.
X. PRO PREMIER REWARDS TIERS PILOT TERMS ("PPR TIERS TERMS")
PRO Premier Rewards Tiers ("PPR Tiers") is a pilot subprogram of the existing PRO Premier Rewards Program. By participating in PPR Tiers, PRO customers fully and unconditionally agree to accept these PPR Tiers Terms and the decisions of FND and Augeo, which are final and binding in all matters related to the PRO Premier Tiers Pilot Program. These PPR Tiers Terms are in addition to the Official Rules and are fully incorporated therein. In the event of a conflict between the Official Rules and the PPR Tiers Terms, the PPR Tiers Terms shall control.
.
PPR Tiers is exclusively available in select stores as designated by FND starting 05/16/2022. A complete list of the participating stores ("Pilot Stores") will be provided in the PPR Tiers Eligibility section.
.
Existing members of the main PRO Premier Rewards Program do not have to re-accept new terms and conditions set forth in the PPR Tiers Pilot Terms.
.
a. Eligibility. In order to be a member of PPR Tiers, you must (1) adhere to the eligibility requirements in the main PRO Premier Rewards Program See Section I. Eligibility and (2) have your primary store be one of the FND participating Pilot Stores listed below. The store that receives majority of your purchases in a rolling 90-day window will be the PRO customer's primary store.
Pilot Stores:
108 Pompano, Florida
122 Doral, Florida
133 Boynton Beach, Florida
134 Pembroke Pines, Florida
140 Sarasota, Florida
149 Miami Gardens, Florida
158 Ft Myers, Florida
173 Riviera Beach, Florida
181 Fort Lauderdale, Florida
191 Port St. Lucie, Florida
192 Kendall, Florida
265 Naples, Florida
272 Miami Design Studio, Florida
292 Coral Springs, Florida
111 Glendale, Arizona
115 Tempe, Arizona
147 Camelback, Arizona
180 Mesa, Arizona
223 Tolleson, Arizona
297 Surprise, Arizona
b. Tiers Rewards. Members of PPR Tiers will earn reward points through qualified sale purchases and purchases of selected promotional items determined by FND. Members of PPR Tiers will be placed into one of the following tiers upon enrollment:
· Member
· Silver
· Gold
· Platinum
c. Tiers Calculation. Placement into tiers and the calculation of points will be determined depending on PRO customers' annual net spend (including customer purchases for manual assignments) as well as:
· Returns. When a return is processed the points associated with the original sale will be deducted from the member's point balance. Returns will also count towards each member's net spend and as such may cause members to fall below the tier spend threshold and downgrade their tier level.
· Acquiring points in between tiers. If a member's sale transaction upgrades them into another tier they will earn prorated points based on the multipliers for the respective tiers. For example, if Carla is currently in the Member level tier with a net spend of $1,500 and she makes a $3,000 purchase the first $499 dollars of that purchase will earn 1 point per $1. Then the remaining $2,501 will earn 2 points per dollar since she has moved into the Silver tier level.
d. Conversion. For PROs already enrolled in the existing rewards Program in one of the pilot stores, their placement in tiers will be determined based on the 2022 annual net spend, then using the year to date net spend going forward. Point balances will be carried over from the current PRO Premier Rewards program.
New PRO customers who join PRO Premier Rewards after 05/16/2022 will be placed in the ‘Member' tier when they enroll into the program. Advancement into other tiers will then be based on their year to date net spend.
For newly enrolled Program members after 05/16/2022, placement in tiers will be determined based on the customer's current year to date net spend. This enrollment will generate points for all sales in that current year and apply them to the member's rewards account.
.
e. Tier Placement. PPR Tiers members' placement in tier is set for that current year and following year, unless otherwise moved based on year to date net spend.
f. Special Point Promotions. There will be several additional point promotion opportunities throughout the year. These point promotions can be related to sales incentive challenges or product-based promotions. All eligible promotions will be communicated through program emails and will appear on eligible PROs' profile in the PRO Premier Mobile App and Flooranddecor.com.
Members in tiers will receive point multipliers based on placement in tiers as follows:
Table 1.1
| Tier | Member | Silver | Gold | Platinum |
| Point Multiplier | 1 point per $1 | 2 points per $1 | 3 points per $1 | 4 points per $1 |
| Annual Spend | 0 - $1,999 | $2,000 - $9,999 | $10,000 - $19,999 | $20,000+ |
| Tier | Point Multiplier | Annual Spend |
| Member | 1 point per $1 | 0 - $1,999 |
| Silver | 2 points per $1 | $2,000 - $9,999 |
| Gold | 3 points per $1 | $10,000 - $19,999 |
| Platinum | 4 points per $1 | $20,000+ |
.
Placement examples:
PRO Customer Kevin, owner of Kevin's Construction is an existing PRO customer with FND, but Kevin is not a Program member. His assigned store is one of the pilot locations and as such he is qualified to participate in PPR Tiers. Looking at his PRO account, his year to date net spend is $5,478. Once he is enrolled in PPR Tiers (in 2022), Kevin will be placed into the Silver Tier level and receive a total point balance of 8,956 points.
Joan is the sole proprietor of Joan's Designs, an architecture and design company. Joan enrolled in PRO Premier Rewards in 2021 and Joan's assigned store is one of the pilot locations. Joan's 2022 annual net spend (along with customer spend) is currently $12,996. As a result, Joan will be converted into PPR Tiers and placed in the Gold Tier. However, no points will be created for the previous year's spend as she already earned the points. Going forward Joan's year to date net spend will earn points based on her tier level's point multiplier.
.
Effective Date – 05/16/2022
.