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Home Surplus Pro Club Terms and Conditions
ACKNOWLEDGEMENT AND ACCEPTANCE
By participating in the Home Surplus Pro Club Program (“Program”), you (“Member”) consent to these Home Surplus Pro Club Program Rules (the “Program Rules”). You acknowledge and agree that (1) you are responsible for remaining knowledgeable about the Programs Rules; (2) membership expires and is renewable by Home Surplus in its sole discretion; (3) Home Surplus reserves the right to change the Program Rules or terminate the Program at any time, with or without prior written notice; and (4) you have read and accepted these Program Rules.
MEMBERSHIP BENEFITS
Pro Club Program. The Pro Club Program allows Pro Club Program members to track their Qualifying Purchases at Home Surplus.
Pro Rewards. The Pro Rewards Program is only valid for purchases at participating Home Surplus stores. Pro Rewards Qualifying Purchases will be tracked during the Program Period and include select Home Surplus in-store purchases and exclude purchases of Home Surplus gift cards, online purchases. Pro Rewards Qualifying Purchases will not be tracked or accrued unless and until you have completed the registration requirements and you are currently in active status.
Each Pro Rewards Member will receive a Pro Rewards discount based upon the accumulated amount of Pro Rewards Qualifying Purchases by such Pro Rewards Member (“Rewards Discount”). Rewards Discounts will be made available at the point of sale when Pro Rewards Members provide their registered Program Number. In order to receive a Rewards Discount applicable to the current membership level, Pro Rewards Members must present their Program Number to a Home Surplus associate prior to completing a sales transaction. No retroactive Rewards Discounts will be given on purchases where the Pro Rewards Member’s Program Number was not entered prior to completing the sales transaction.
The actual Rewards Discount awarded for each transaction will depend on the Pro Rewards Member’s membership level at that time of making Pro Rewards Qualifying Purchases as set forth in the following chart:
| Membership | Minimum Purchase in a 12-month period | Discount on in-stock items | Discount on special orders |
| Club | $ 2,500 | 8% | 5% |
| Gold | $ 5,000 | 10% | 5% |
| Platinum | $ 25,000 | 12% | 5% |
Pro Rewards Members may improve their Rewards Discount level throughout the Program Period as their Pro Rewards Qualifying Purchases accrue. The applicable amount of accrued spend will be deducted from a Pro Rewards Member’s account for returned Pro Rewards Qualifying Purchases. If there is a zero or insufficient accrued spend total for the Pro Rewards Member at the time of the return the Pro Rewards Member’s account will enter a negative status. In the event a Pro Rewards Member fails to meet the minimum Pro Rewards Qualifying Purchase amount during any Program Period, Home Surplus reserves the right to remove such Pro Rewards Member from the Pro Rewards Program.
Rewards Discounts cannot be combined with other offers or promotions. Discount applies to be list price, not of an already discounted price. Discount does not apply to any kitchen countertops
Pro Club Program Promotions. From time to time, Home Surplus may conduct sweepstakes and other promotions (“Promotions”) for Members. All such Promotions shall be governed by the official rules designated by Home Surplus for each Promotion. Your participation in a Promotion will constitute your acceptance of the applicable official rules.
Pro Club Exclusive Offers. Home Surplus may provide Members with links to third parties that offer discounted services and/or products (“Exclusive Offers”) to you.
REWARD POINTS
During your active membership, you accrue points with every Qualifying Purchase and with every referred customer purchase. To receive points for a purchase made by a customer you must provide them with your account number and the customer must present the account number to a Home Surplus associate before payment of the sales order. Additionally, the customer will receive a 5% discount of his purchase.
| Membership | Points per $1 spent | Points per $1 spent by a referred customer |
| Club | 1 point | 6 points |
| Gold | 1 point | 8 points |
| Platinum | 1 point | 10 points |
Points do not currently hold cash value.1 x point = 0.5 cent in-store credit. You can use your points in-store or exchange them for other reward items as and when they become available. Dollar spend is calculated based upon discounted price, before taxes.
In order to get customer referral points, the customer must be your contracted client.
Points expire, and your account will be closed if your account is inactive for 12 months.
GENERAL INFORMATION
Pro Club Program. Any changes to the Program will be shown in these Program Rules and will be effective immediately upon posting online at www.homesurplus.com/proclubterms unless stated otherwise. Any changes to any printed version of these Program Rules will be contained in the next reprinting of that printed version. Home Surplus may, in its sole and exclusive discretion, terminate the Program or any part of the Program at any time without notice.
Eligibility and Registration. The Program is available to professional customers (contractors, home builders, remodeling professionals, real estate agents and kitchen designers) of Home Surplus who have fully completed the registration process. To register in The Program, visit a Home Surplus store in your area, complete registration, and read and accept these Program Rules. The primary phone number you provide at registration will be your individualized Program identification number (“Program Number”).
Member Inactivation/Suspension. Members may choose to inactivate their membership at any time. Additionally, Home Surplus reserves the right to suspend any Member at any time. Further, such suspended or inactive Members will not receive any membership benefits, including Exclusive Offers and Program coupons, during the period of being inactive or suspension. Members will only begin accruing Qualifying Purchases and receiving applicable Pro Rewards Discounts when subsequently reactivated in the Program by Home Surplus in its sole discretion.
Qualifying Purchases. As used in these Program Rules, “Qualifying Purchases” are purchases made by Members of designated products and/or services, less any taxes, fees and returns. Members have access to review their Qualifying Purchases history. Products and services that are eligible to count towards Qualifying Purchases are subject to change from time to time at Home Surplus’s discretion. The use of registered tender forms allows Qualifying Purchases to be tracked retroactively; provided, however, that discounts shall not be applied to previous purchases made prior to Program registration.
Privacy. When you enroll in the Program, we will collect your name, address, email address and primary phone number/Program Number. A valid email address is required for membership. By participating in the Program and providing us with this information, you agree that we may use your information to administer your participation in the Program; for marketing purposes; and as otherwise described in our Privacy and Security Statement.
By participating in the Program, you agree that we and our affiliates (including service providers, agents, and parties initiating communications on our or their behalf) may contact you for marketing and non-marketing purposes via email, text message, telephone call, fax, and other forms of communication. You also agree that we and our affiliates (including service providers, agents, and parties initiating communications on our or their behalf) may use an automatic telephone dialing system or prerecorded voice to contact you for non-marketing purposes.
Home Surplus’s Privacy and Security Statement is available online at www.homesurplus.com. We want to assure you that Home Surplus respects your privacy and will not sell or rent your personal information.
Taxation and other Fees. All federal, state and local income taxes, insurance, licensing, registration, liabilities, surcharges, title fees and any other fees connected to the Program are the sole responsibility of the Member. Winners of any Promotion may need to complete a Form W-9, and Home Surplus will report the value of the prize on a Form 1099 at the end of the year.
Governing Law and Dispute Resolution. The laws of the State of New Jersey (without regard to its conflict of laws rules) govern these Program Rules. At the sole option of Home Surplus, any claim, dispute or controversy arising out of, relating to or concerning in any way the Program or these Program Rules shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its commercial arbitration rules. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and judgment upon any arbitration award may be entered by any court having competent jurisdiction. IN NO EVENT SHALL HOME SURPLUS, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE PROGRAMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS EXCLUSION MAY NOT APPLY. Each party shall bear its own costs, fees, and expenses associated with any arbitration, except that the parties agree to split equally the costs and expenses of the arbitrator/AAA. Home Surplus may elect not to use arbitration for any individual Claim that you properly file and pursue in a small claims court in your state or municipality. IF ARBITRATION IS CHOSEN BY HOME SURPLUS WITH RESPECT TO A CLAIM, YOU WILL NOT HAVE THE RIGHT TO LITIGATE THE CLAIM IN COURT, HAVE A JURY TRIAL, OR ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN
ARBITRATION. This Section shall survive termination of the Program or your participation in it.
Additional Rules.
- Home Surplus can terminate any account, in its sole discretion, with or without notice.
- Members have no ownership interest in any information, offers, benefits, promotions, coupons, accrued spend, discounts and/or events related to the Program. Accrued spending does not constitute property of Members. Use of the word “accrue” or “earn” in marketing materials in relation to the Program shall mean “collect” and shall not infer that the membership level has any value. Membership levels may not be purchased or sold and are not transferable except as otherwise stated herein.
- This Program is not available and is void where prohibited by federal, state or local law or regulation.
- Despite our best efforts to ensure accuracy, printing errors occasionally occur. Home Surplus reserves the right to correct such errors at any time even if it affects pending program benefits.
- By using your membership number to make purchases at Home Surplus, you accept all terms and conditions in these Program Rules and release Home Surplus and hold Home Surplus harmless from any claim, liability or damage relating to the Program.
- Fraud or abuse relating to Qualifying Purchases will result in termination of your membership. Home Surplus reserves the right to pursue legal action in the event of fraud, misrepresentation, abuse or violation of these Program Rules. Qualifying Purchases history will not begin to be tracked unless and until you have completed the registration requirements set forth herein.
- Other terms and conditions may apply to the Program. This document will be updated from time to time with such terms and conditions and will be available online at www.homesurplus.com/proclubterms
- Home Surplus reserves the right to amend or revise the Program at any time, including without limitation, the eligibility requirements, eligible brands and products, benefits and scope of the Program.
- Neither the Program nor any benefit offered by the Program creates, constitutes or gives rise to any legal or contractual rights by Members against Home Surplus.
- Program Offers cannot be combined with any other offer.
- HOME SURPLUS MAKES NO EXPRESS OR IMPLIED REPRESENTATION OF WARRANTY AS TO ANY PROGRAM BENEFIT AND WILL NOT BE LIABLE FOR INJURY, DAMAGE, LOSS OR EXPENSE RESULTING FROM THE USE OR ACCEPTANCE OF ANY PROGRAM BENEFIT.
Other Questions. Any questions regarding your membership can be directed to [email protected]
