MG+BW COMFORT CLUB™ MEMBERSHIP PROGRAM TERMS AND CONDITIONS
The Terms and Conditions stated below (the “Terms and Conditions” and/or this “Agreement”) are between you as a Member of MG+BW Comfort Club™ (hereinafter, “Member”, “you”, or “your”, as applicable) and The Mitchell Gold Co. d/b/a Mitchell Gold + Bob Williams (hereinafter “MG+BW”, “we”, or “us”, “our”, as applicable). Membership in MG+BW Comfort Club™ is hereinafter referenced as “Membership”.
PLEASE NOTE: IN ADDITION TO ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT, THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION REQUIREMENT, WHICH, AS DESCRIBED FURTHER IN THE “ARBITRATION, GOVERNING LAW, WAIVER OF CLASS ACTIONS” SECTION BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, AND BY PARTICIPATING IN THE MG+BW COMFORT CLUB MEMBERSHIP PROGRAM, YOU AGREE TO FOREGO JURY TRIALS AND ALL OTHER TYPES OF COURT PROCEEDINGS AS WELL AS CLASS ACTIONS OF ANY AND EVERY KIND.
The Benefits of the MG+BW Comfort Club™ Membership
MG+BW Comfort Club, which is subject to all Terms and Conditions stated, referenced, and/or linked in this Agreement, offers the following benefits:
- Complimentary Membership (provided the requirements to join have been met— see below)
- MG+BW Comfort Club Pricing (which is 20% less than the Regular Price for merchandise)
- Complimentary in-home design services
- Early access to sales and promotions
- Invitations to exclusive in-store events
- Concierge service to assist with your orders
- After-hours appointments can be coordinated for your convenience
The MG+BW Comfort Club Pricing and other benefits offered by MG+BW Comfort Club are only available for residents and delivery locations within the 48 contiguous United States and the District of Columbia and only for merchandise purchased at and/or through a Mitchell Gold + Bob Williams Signature Store in the contiguous United States and the District of Columbia or on MG+BW’s e-commerce website: www.mgbwhome.com. (For a list and the contact information of all Mitchell Gold + Bob Williams Signature Stores within the 48 contiguous United States and the District of Columbia, please see the “Stores” tab in the upper right-hand portion of the www.mgbwhome.com home page to obtain a list and the contact information for all Mitchell Gold + Bob Williams Signature Stores). None of the foregoing benefits offered in connection with a MG+BW Comfort Club Membership can be applied to purchases that occurred prior to July 31, 2017 or to purchases that predated your Membership in MG+BW Comfort Club.
For the aforementioned benefits to apply, you must be an active Member and your current contact information must have been provided to MG+BW or updated, as applicable, and be accurate and of record at the time of purchase. Only individual residents of the 48 contiguous United States and the District of Columbia (not legal entities) can be members of MG+BW Comfort Club. You understand that it is your sole responsibility to update and ensure the accuracy of your contact information provided to MG+BW, as applicable. Subject to the other provisions of these Terms and Conditions, your Membership will become active after joining MG+BW Comfort Club, and, provided you comply with these Terms and Conditions, the foregoing benefits will be available to purchases of merchandise made after you become a Member.
Where MG+BW Comfort Club™ is Available, How to Register and Update Contact Information
The MG+BW Comfort Club Pricing and the other benefits of the MG+BW Comfort Club Membership Program are strictly limited to and are valid and applicable only to merchandise purchased and shipped to locations within the 48 contiguous United States and the District of Columbia (“D.C.”). You understand and agree that as a MG+BW Member, you are required to update your name and/or contact information when it changes and to keep MG+BW apprised of your current and accurate name and/or contact information at all times while you are a Member. In order to register for MG+BW Comfort Club, you must do so by utilizing one of the following methods:
(1) Register at and/or through a Mitchell Gold + Bob Williams Signature Store within the 48 contiguous United States and D.C. (but not in any Signature Stores in Puerto Rico or Canada). To locate the Mitchell Gold + Bob Williams Signature Stores within the 48 contiguous United States and D.C., please click on the “Stores” tab in the upper right-hand portion of the www.mgbwhome.com. home page.
• To register in store and receive the benefits of your Membership at the time of purchase, please visit or call a Mitchell Gold + Bob Williams Signature Store within the contiguous 48 United States or D.C. and speak with a Design Associate or a Manager to advise that you would like to join MG+BW Comfort Club. The Design Associate or Manager with whom you speak will obtain and enter your name and contact information (street address, email address, and telephone number) into our system and register you as a Member.
• You can update your name and/or contact information thereafter by calling or visiting at a Mitchell Gold + Bob Williams Signature Store within the contiguous 48 United States or D.C. and speaking with a Design Associate or Manager to advise that you would like to update your information.
Note: If you would like to make a purchase through MG+BW’s website and obtain the benefits of MG+BW Comfort Club, you will need to follow the instructions for registering on MG+BW’s e-commerce website (below), even if you have already registered at one of MG+BW’s Signature Stores.
(2) Register on MG+BW’s e-commerce website: www.mgbwhome.com.
• To register on MG+BW’s e-commerce website, please click on MG+BW Comfort Club in the footer (bottom) of the www.mgbwhome.com. home page. After clicking on MG+BW Comfort Club, you will be routed to the MG+BW Comfort Club Member Sign Up Page, where you will enter your full name, contact information (street address, email address, and telephone number), and a password in the fields provided. Also, in order to be a Member of MG+BW Comfort Club, you will need to keep the check in the box beside of: “JOIN OUR EMAIL LIST” (but you can thereafter unsubscribe by selecting “Unsubscribe” in our email marketing or by utilizing the other cancellation/opt-out/unsubscribe procedures stated in these Terms and Conditions; however, if you elect to do so, you will no longer be a Member of MG+BW Comfort Club). Further, when you register, you also have the option to select: “SUBSCRIBE TO OUR CATALOG!”
• In order to make a purchase and receive your MG+BW Comfort Club Membership Pricing, you will need to “Login” prior to a making a purchase. You can Login by selecting “Menu” in the top left-hand portion of the www.mgbwhome.com. home page and scrolling down and selecting “Login”. You will be routed to the “My Account Login” page, and you should enter your Email Address and your Password and then select “LOGIN”. Thereafter, you will be able to receive the benefit of the MG+BW Comfort Club Pricing while you are logged into your Account.
• If you elect registration through MG+BW’s website, and you would like to partake of the other benefits (other than the Pricing benefit) of MG+BW Comfort Club (such as complimentary in-home design services, concierge service, after hours appointments, etc.), please call 855.730.9999 during the hours of 9am through 5pm Eastern time or send an email message to: email@example.com and specify the other MG+BW Comfort Club benefits that you would like to receive.
• You can update your name and/or contact information by following the LOGIN instructions above and signing onto your Account.
Note: As stated above, even if you have already registered for MG+BW Comfort Club at a Mitchell Gold + Bob Williams Signature Store, you will still need to register through MG+BW’s website (www.mgbwhome.com.) before your MG+BW Comfort Club Pricing will apply to your e-commerce purchases. If you register on MG+BW’s website, please know that there may be some delay before your information can be located at a MG+BW Signature Store (therefore, if you visit a MG+BW Signature Store within the 48 contiguous United States or D.C. and try to make a purchase within a short period of time after you have signed up on the website, you may need to register again in the store).
Exclusions and Limitations Pertaining to MG+BW Comfort Club
Notwithstanding the foregoing or anything else in these Terms and Conditions, MG+BW Comfort Club Prices and the other benefits afforded by the MG+BW Comfort Club do not apply to, will not be applied to, cannot be combined with, and are invalid for:
- Clearance and “Final Sale” merchandise,
- Merchandise sold at an employee sale,
- Merchandise sold at a warehouse sale
- Corporate or prearranged group discounts,
- Employee transactions,
- Special accommodations,
- Any other type of sale not expressly permitted herein or for any merchandise not having a “Club Price”.
- Any other shopping or other e-commerce websites or any other type of website,
- At any Mitchell Gold + Bob Williams Factory Outlet store,
- At any Mitchell Gold + Bob Williams Outlet Store (or other similar discount venues).
- Gift cards
- Fabric swatches and/or any other type of swatches,
- Rug tails,
- Delivery charges,
- Or to anything else that does not constitute a finished home furnishing product.
In addition to the foregoing, other: offers, benefits, rewards, programs, and/or promotions are invalid for, cannot be combined with, do not apply to, and will not be applied to further reduce or discount the MG+BW Comfort Club Pricing or expand the other benefits related thereto unless such other offer, benefit, reward, and/or promotion specifically and expressly states in writing that it can be combined with or applied to further reduce the MG+BW Comfort Club Price or expand specific benefits and only to the extent expressly stated in such other written offer. The discounts, offers, programs, and/or promotions afforded to builders, developers, and real estate agents cannot be combined or applied to further reduce the MG+BW Comfort Club Prices.
Requirements to Become a Member of MG+BW Comfort Club™ and Consent to Receive Marketing, Promotional Materials, and Other Communications from MG+BW
In order to apply and/or register for, join, maintain, use, participate in, and/or receive the benefits of the MG+BW Comfort Club Membership Program, you must agree to provide to MG+BW all of the following types of your current personal contact information: (1) your street address, (2) your email address, and (3) your telephone number (cell or home telephone).
Your agreement to each and every of these Terms and Conditions and this Agreement is a prerequisite to applying or registering for, joining, maintaining, using, participating in, and/or receiving the benefits of MG+BW Comfort Club. By applying/registering for, joining, using, and/or participating in MG+BW Comfort Club in any manner or to any extent, you hereby and thereby give your consent and shall be deemed to have consented to enter into this electronic agreement with MG+BW consisting of these Terms and Conditions. To the extent prohibited by law, and only to that extent, this section shall not apply to you.
You specifically and expressly agree that MG+BW shall be entitled to send electronic communications and/or printed materials (including, but not limited to email marketing, catalogues, and other marketing materials in whatever form) to you (the content and manner of transmission and delivery of which shall be at MG+BW’s sole discretion in each and every instance): (i) about the MG+BW Comfort Club Membership Program, benefits, Membership information, and/or any notice, update, alert, or other communication regarding the Membership Program including, but not limited to, communications regarding applying for, registering for, maintaining, using, participating in, renewing, changing, cancellation, termination, and/or expiration of your Membership in MG+BW Comfort Club; (ii) about MG+BW and our home furnishings products, accessories, sales, events, special events, marketing, promotions, social media, orders, order status, shipping information, and any other aspect of MG+BW and its business, culture, and ethos; (iii) consisting of disclosure statements and/or agreements pertaining to the Membership Program; (iv) consisting of disclosures (of any type) required by federal state, territorial, provincial, local, or other applicable laws, rules, and regulations, and (v) about MG+BW and our home furnishings products, sales, events, marketing, promotions, social media, and any other aspect of MG+BW and its business, founders, personalities, culture, and ethos, and you agree that MG+BW shall be entitled to send all such electronic and/or printed materials to you in MG+BW’s sole and absolute discretion. You further agree that under no circumstances shall MG+BW be required to send any of the foregoing to you, unless and only to the extent required by law. If and to the extent that the laws of any applicable jurisdiction limits or prohibits our ability to send marketing, promotional, or other materials or information permitted under these Terms and Conditions to you without additional steps having been taken, the foregoing shall not be deemed to apply to you until such additional legally required steps have been taken.
Any and/or all of the foregoing communications may (or may not, in MG+BW’s sole and absolute discretion) include your name, contact information, information about your Membership in MG+BW Comfort Club, other information that you entered upon registration, and other information including personally identifiable information. Any and/or all such communications (any and/or all of which may include your personally identifiable information) may be reviewed by any party with access to your Membership records. Any and all communications and your Membership and contact information may be provided to, shared with, and reviewed by MG+BW and any other individual or entity with which MG+BW has a business relationship to carry out and facilitate MG+BW’s marketing, customer information, and promotional efforts, as more fully described below.
MG+BW May Provide Your Personally Identifiable Information to Facilitate Marketing and Other Services
You agree that MG+BW may provide, transmit, deliver, and/or share your name, contact information, and other personally identifiable information with individuals and/or entities which provide services to MG+BW including, but not limited to: email management service provider(s), catalogue and address management and service provider(s) (e.g., a third party mails MG+BW’s catalogues to MG+BW’s customer and/or Member lists), promotional service providers, etc., and such information that is personal to you (your name, address, and other personally identifiable information) may be included within the software and/or hardware of the foregoing individuals and entities and/or may reside on a “cloud” designed to store such information electronically. MG+BW also maintains your name, contact information, and other personally identifiable information on its internal corporate systems and databases. Further, MG+BW utilizes (either directly or through another entity) the National Change of Address system to update Members’ mailing addresses.
You Must Be at Least the Age of Majority to Become a Member of MG+BW Comfort Club™
Residents of the United States must be at least eighteen (18) years of age or older to apply or register for, join, maintain, use, participate in, and/or receive the benefits of MG+BW Comfort Club and to agree to these Terms and Conditions. If, for whatever other reason, you cannot legally or do not agree to all of the Terms and Conditions stated in this Agreement, you cannot and should not apply or register for, join, maintain, use, participate in, or receive the benefits of MG+BW Comfort Club.
Cancelling Your Membership in MG+BW Comfort Club™
You may cancel your Membership in MG+BW Comfort Club by either: (1) calling 855.730.9999 during the hours of 9am through 5pm Eastern time and explaining that you would like to cancel your Membership or unsubscribe/opt-out of MG+BW’s email marketing and/or catalogues, or (2) by sending an email message to: firstname.lastname@example.org, and stating in your email that you would like to cancel your Membership or unsubscribe/opt-out of MG+BW’s email marketing and/or catalogues. Please note that if you unsubscribe and/or opt out of email marketing, you will also be deemed to have cancelled your Membership in MG+BW Comfort Club.
Additionally, if, and only if, you registered for MG+BW Comfort Club at or through a Mitchell Gold + Bob Williams Signature Store, you may also cancel your Membership in MG+BW Comfort Club by calling or visiting a MG+BW Signature Store within the 48 contiguous United States or D.C. and speaking with a Design Associate or a Manager to advise that you would like to cancel your Membership in MG+BW Comfort Club. (In order to locate a MG+BW Signature Store within the 48 contiguous United States and D.C., please see the “Stores” tab in the upper right-hand portion of the www.mgbwhome.com. home page).
MG+BW May Update the Terms and Conditions and/or Terminate MG+BW Comfort Club or Any Benefits
You agree that MG+BW has the right and shall be entitled, in MG+BW’s sole and absolute discretion, at any time and for any reason and without liability, to add-to, amend, change, revise, and/or modify the Terms and Conditions and/or to post an entirely new version thereof (collectively, the “updated” Terms and Conditions). You agree that MG+BW has the right to notify you of the updated Terms and Conditions by posting such current version on this page or on MG+BW’s other pages or websites, and such posting shall constitute notice to you of the applicable current version of these Terms and Conditions, and the updated version that is posted by MG+BW shall be deemed to govern, control, and replace the prior version, and you agree that you will have received notice of the updated version of the Terms and Conditions by virtue of such posting, and you agree to be bound by any posted updated version of the Terms and Conditions. Any such updated version shall take effect immediately upon posting, unless otherwise stated or unless applicable law requires otherwise. You may view the updated and current version of the Terms and Conditions that govern MG+BW Comfort Club and all applicable benefits on this page or on any other applicable portion of MG+BW’s website: www.mgbwhome.com. on which it is posted, in MG+BW’s sole and absolute discretion. You will be deemed to have agreed to the updated version of these Terms and Conditions as a condition of your Membership and/or acceptance of any of the benefits thereof unless prohibited by law. Further, to the extent permitted by applicable law, to the extent you continue to use your Membership after any updated version of the Terms and Conditions has been posted (and/or the posting of an entirely new version) or if you do not cancel your Membership, consistent with the procedures set forth in this Agreement, you will be deemed to have accepted and agreed to all such updated Terms and Conditions posted. If any Term or Condition (or portion thereof) or updated version thereof is found to be invalid, void, or unenforceable, for whatever reason, such portion of the subject Terms and Conditions (or any updated version thereof) shall be severed and shall not affect the validity and enforceability of the remaining portions or any other provision of the applicable version of the Terms and Conditions. You agree that it is solely your responsibility to check and review the Terms and Conditions periodically to keep yourself informed of the current Terms and Conditions and all updates applicable to the MG+BW Comfort Club Membership Program and its benefits (the date of creation, posting, and/or last update of the Terms and Conditions will be stated in this Agreement). You understand that, to the extent permitted by law, the posted version of the Terms and Conditions will not specify which provisions have been added to, amended, changed, revised, and/or modified from any prior version.
If, and only to the extent, required by applicable law, MG+BW will notify you of any updates to these Terms and Conditions within the minimum number of days required by law before the updated version goes into effect and will set out the updates that have been made to the prior version (but only if and to the extent legally required). To the extent this paragraph is applicable, if you do not agree to such updated version of these Terms and Conditions, you may stop using your Membership and forego partaking of the benefits thereof and cancel your Membership without cost or penalty, as you cannot be a Member of MG+BW Comfort Club without agreeing to these Terms and Conditions.
In addition to the foregoing, you understand and agree that MG+BW, in its sole and absolute discretion, shall be entitled to terminate the MG+BW Comfort Club Membership Program in its entirety (or any portion thereof) and/or to terminate any of the benefits at any time and for any reason. No benefits of MG+BW Comfort Club shall be available after the date MG+BW designates for such termination.
Obtaining a Printed Copy of these Terms and Conditions
You may obtain a printed copy of the current Terms and Conditions by visiting or calling a Mitchell Gold + Bob Williams Signature Store (see the “Stores” tab in the upper right-hand portion of the www.mgbwhome.com home page to obtain the address and telephone contact information for each Mitchell Gold + Bob Williams Signature Store) and speak with a Design Associate or a Manager to request a printed copy of such Terms and Conditions. Any such printed copy shall be maintained and kept by you in accordance with and consistent with the limitations stated within these Terms and Conditions.
The United States Electronic Signatures in Global and National Commerce Act
You acknowledge and agree that your consent to these Terms and Conditions and all other representations, acknowledgements, and agreements stated herein, are being provided in connection with transaction(s) that may or will affect interstate commerce, and, as such, you agree that such are subject to and shall be deemed to be in compliance with the U.S. Electronic Signatures in Global and National Commerce Act (the “Act”). You and MG+BW each intend for the Act to apply to the fullest extent possible to validate MG+BW’s ability to conduct business with, communicate with, and send offers, and promotional materials, and other information and content permitted by these Terms and Conditions to you by electronic means and otherwise, and you grant consent for all such electronic transmissions.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT: (1) MG+BW COMFORT CLUB AND MG+BW AND ITS AFFILIATES, PARENT COMPANY, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, “THE MG+BW PARTIES”) MAKE NO WARRANTY THAT: (A) MG+BW COMFORT CLUB WILL BE OPERATIONAL, UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR WORK OPTIMALLY, (B) MG+BW OR MG+BW COMFORT CLUB WILL MEET YOUR EXPECTATIONS AND/OR REQUIREMENTS, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, WEBSITE, INFORMATION, INSTRUCTIONS, AND/OR TERMS OR CONDITIONS WILL SATISFY YOUR EXPECTATIONS OR BE ERROR FREE; (2) MG+BW AND THE MG+BW PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY AND EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, AMONG ALL OTHERS, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND MERCHANTABILITY; (3) YOUR USE OF MG+BW COMFORT CLUB AND ANY AND ALL OF THE BENEFITS PROVIDED THEREUNDER SHALL BE, AT ALL TIMES, AT YOUR SOLE RISK; AND (4) THE BENEFITS AFFORDED BY MG+BW COMFORT CLUB ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND THERE IS NO ASSURANCE THAT ANY SUCH BENEFITS WILL BE AVAILABLE AT A PARTICULAR TIME, TIME-FRAME, OR OTHERWISE, AND YOU RECOGNIZE AND AGREE THAT MG+BW IS ENTITLED TO CHANGE AND/OR MODIFY THE BENEFITS AND TERMS AND CONDITIONS OF MG+BW COMFORT CLUB AT ANY TIME IN MG+BW’S SOLE AND ABSOLUTE DISCRETION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) NEITHER MG+BW NOR ANY OF THE MG+BW PARTIES SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR APPLICATION FOR, REGISTRATION FOR, JOINDER IN, MAINTENANCE OF, USE, PARTICIPATION IN, RECEIPT OF THE BENEFITS OF, CANCELLATION, AND/OR TERMINATION OF YOUR MEMBERSHIP IN MG+BW COMFORT CLUB; AND (2) THE FOREGOING IS A COMPREHENSIVE LIMITATION OF LIABILITY AND DAMAGES THAT SHALL APPLY TO ALL DAMAGES OF EVERY KIND AND NATURE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, LOSSES, MISAPPROPRIATION, AND/OR THEFT OF DATA, GOODWILL, INCOME, OR PROFIT, LOSSES RELATED TO PROPERTY DAMAGE OF WHATEVER TYPE, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSSES OR CLAIMS OF THIRD PARTIES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE MG+BW COMFORT CLUB OR TO USE OR RECEIVE ANY OF THE BENEFITS THEREOF, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR THE INABILITY TO PURCHASE OR OBTAIN, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO IN CONNECTION WITH MG+BW COMFORT CLUB, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR NAME, CONTACT INFORMATION, OR OTHER MEMBERSHIP INFORMATION, OR (D) ANY OTHER MATTER, ISSUE, OR DISPUTE PERTAINING TO YOUR MEMBERSHIP IN MG+BW COMFORT CLUB, OR YOUR ATTEMPT TO BECOME A MEMBER, AND ANY ACTIONS ON THE PART OF MG+BW PERTAINING TO ANY OF THE FOREGOING.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM COLLECTIVE LIABILITY OF MG+BW AND THE MG+BW PARTIES FOR ALL CLAIMS, CAUSES OF ACTION, LOSSES, OR DAMAGES, HOWEVER ARISING AND BY WAY OF WHATEVER TYPE OF PROCEEDING, SHALL BE NO GREATER THAN ONE HUNDRED DOLLARS ($100). EXCEPT AS IS OTHERWISE PROHIBITED BY APPLICABLE LAW, THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO ANY THEORY OF LEGAL LIABILITY, INCLUDING, AMONG ALL OTHERS, BREACH OR REPUDIATION OF CONTRACT, VIOLATION OF STATUTE, VIOLATION OF COMMON LAW, TORT, NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, INTENTIONAL MISCONDUCT, STRICT LIABILITY, OR ANY OTHER CLAIM OR DAMAGE FOR ANY TYPE OF CIVIL LIABILITY, OR BASED UPON ANY OTHER LEGAL THEORY AND IRRESPECTIVE OF WHETHER DAMAGES, ACTUAL OR OTHERWISE, ARE DEEMED TO EXIST.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BY APPLYING/REGISTERING FOR, JOINING, MAINTAINING, USING, PARTICIPATING IN, OR PARTAKING OF THE BENEFITS OF MG+BW COMFORT CLUB AND AGREEING TO THESE TERMS AND CONDITIONS, YOU VOLUNTARILY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK DAMAGES FROM MG+BW AND THE MG+BW PARTIES AS AND TO THE EXTENT STATED HEREIN AND THAT THE AGREEMENT TO ACCEPT SUCH LIMITATIONS REFLECTS A REASONABLE ALLOCATION OF RISK.
CERTAIN OF THE FOREGOING EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, BUT ONLY IF AND TO THE EXTENT THAT THE LAWS IN THE GOVERNING JURISDICTION (E.G., NEW JERSEY, TO THE EXTENT THE LAWS IN THAT STATE REQUIRE), DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR ANOTHER TYPE OF DAMAGES.
ARBITRATION, GOVERNING LAW, WAIVER OF CLASS ACTIONS
Subject to applicable law, these Terms and Conditions are governed by the laws of the United States (including, without limitation, the Federal Arbitration Act and other applicable federal arbitration laws) and the State of North Carolina, without regard to principles of conflicts of law and irrespective of your location, residence, or other considerations. To the extent prohibited by applicable law, the foregoing and this section shall not apply to residents of any other jurisdiction in which such the foregoing provision is prohibited.
EXCEPT FOR DISPUTES THAT MEET THE REQUIREMENTS OF SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATING TO MG+BW COMFORT CLUB, THESE TERMS AND CONDITIONS, AND/OR ANY OTHER ASPECT OR ISSUE CONCERNING THE RELATIONSHIP BETWEEN YOU AND MG+BW, WHETHER PERTAINING TO CONTRACT, TORT, STATUTE, COMMON LAW, FRAUD, MISREPRESENTATION, CIVIL LIABILITY, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR ANY OTHER FORUM, AND YOU AGREE THAT MG+BW AND YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU AGREE THAT THERE SHALL BE NO CLASS ACTIONS, CLASS ARBITRATIONS, OR OTHER RESOLUTION VIA ANY CLASS MEMBERSHIP, AND YOU ARE AGREEING TO FOREGO ANY RIGHT, INVITATION, PERMISSION, OR ABILITY TO PARTICIPATE IN ANY TYPE OF CLASS ACTION, CLASS ARBITRATION, AND ANY OTHER PROCEEDING INVOLVING CLASS MEMBERSHIP. Arbitrations shall be administered by the American Arbitration Association (the “AAA”) under its then-applicable Consumer Arbitration Rules (and shall be subject to all of the Terms and Conditions of this Agreement, which take precedence over any such Consumer Arbitration Rules to the extent permitted by applicable law). The Consumer Arbitration Rules can be found at: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf (or at www.adr.org/consumer) to the extent of any updated version and/or if you cannot access or locate the most current version otherwise). To the extent that the AAA cannot or declines to administer the arbitration, the arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures (and shall be subject to all of the Terms and Conditions of this Agreement, which take precedence over any such Streamlined Arbitration Rules and Procedures to the extent permitted by applicable law). The Streamlined Arbitration Rules and Procedures are available online at http://www.jamsadr.com/rules-streamlined-arbitration/ (or at www.jamsadr.com to the extent of any updated version and/or if you cannot access or locate the most current version otherwise). If both AAA and JAMS cannot or decline to administer the arbitration, a court of competent jurisdiction may appoint a neutral arbitrator. The arbitrator shall conduct hearings, if any, by teleconference and/or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or MG+BW that personal appearances are needed for any hearing and are otherwise advisable and appropriate. Any personal appearances will be held at a location which is reasonably convenient to you and MG+BW with appropriate consideration of the ability to travel and attend such hearings, or as is otherwise required by the arbitrator, AAA, or JAMS. The arbitrator’s decision, which shall be consistent with these Terms and Conditions, will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief and/or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by individual claims before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced by any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude you from bringing issues to the attention of federal, state, territorial, provincial, or local governments or agencies and, if and to the extent applicable law permits, such entities having jurisdiction may seek relief.
Provisions Inapplicable to the Extent Prohibited by Law
If, and only to the extent that, the State of your residence or other applicable and governing jurisdiction prohibits such provisions of these Terms and Conditions from being enforced, the following shall not be deemed to apply: (1) the “DISCLAIMERS AND LIMITATIONS ON LIABILITY” provisions, (2) the “ARBITRATION, GOVERNING LAW, WAIVER OF CLASS ACTIONS” provisions, and/or (3) any other provisions or portion of these Terms and Conditions.
You hereby agree that as between you and MG+BW, all content included within, referenced, and/or linked within these Terms and Conditions and including all logos, trademarks, tradenames, designs, text, graphics, icons, imagines, audio and digital content, software, licensing and other rights, and all other content possessed or owned by MG+BW, in whatever form (including the positioning, proportion, or arrangement thereof), shall be deemed to be the exclusive property of MG+BW, and, to the extent legally permitted, such content/property shall be entitled to all protections afforded by the trademark, copyright, and other applicable laws of the United States and/or any other governing jurisdiction. For your personal use only (to the exclusion of all other uses), you are permitted to electronically copy and print these Terms and Conditions for the sole purposes of personally reviewing and maintaining a record of the MG+BW Comfort Club Membership Program Terms and Conditions pertaining to the time-frame of your Membership. You may not, and agree that you will not, use or copy these Terms and Conditions for any commercial or other purpose not expressly authorized herein. Any use of these Terms and Conditions for any reason or in any method not specifically authorized herein (including any duplication, reproduction, transformation, rearrangement, adaptation, republication, modification, distribution, transmission, performance, or display whatsoever) without the express prior written consent of MG+BW (which consent shall only be deemed to exist if it is specified and granted in a writing signed by either MG+BW”s Chief Executive Officer or Chief Financial Officer) is strictly prohibited.
Communications Considered to Be in Writing
All communications in either printed or electronic/digital format from MG+BW to you will be considered to be in writing. You may print or download a copy of these Terms and Conditions and the consents stated within this Agreement and any other electronic/digital marketing, disclosure, or other type of communication from MG+BW to you for your records and ease of reference. However, to the extent that any Terms and Conditions contained within this Agreement state that a signature is required, even if such writing is deemed to exist, the requirements for such writing shall not be deemed to have been met until the requisite signature has been affixed to the written permission/consent/waiver, as applicable, and all other preconditions satisfied as well.
The headings and/or captions contained in these Terms and Conditions are for convenience and ease of reference only. The words contained in the headings/captions shall not be deemed to explain, modify, amplify, or aid in the interpretation, construction, or meaning of these Terms and Conditions.
MG+BW’S Right to Terminate Your Membership
MG+BW shall have the right, in MG+BW’s sole and absolute discretion, to reject your application or attempt to register for MG+BW Comfort Club and also to decline to renew and terminate your Membership, including, without limitation, in circumstances where MG+BW believes that you have disclaimed, repudiated, and/or breached any of the Terms and Conditions contained in this Agreement or engaged in any dishonest conduct or other impropriety. Further, you understand and agree that MG+BW, in its sole and absolute discretion, has the right to terminate the MG+BW Comfort Club Membership Program in its entirety (or any portion thereof) at any time and for any reason. No benefits of MG+BW Comfort Club shall be available after the date MG+BW designates for such termination.
MG+BW’s failure to insist upon strict performance or to enforce any of these Terms and Conditions shall not constitute a waiver of any such Terms or Conditions. A waiver on the part of MG+BW shall only be deemed to exist if it is specified and granted in a writing bearing the signature of either MG+BW’s Chief Executive Officer or Chief Financial Officer.
The Terms and Conditions contained, referenced, and/or linked within this Agreement constitute the entire understanding and agreement between you and MG+BW regarding the MG+BW Comfort Club Membership Program, and these Terms and Conditions supersede any other understandings, representations, and/or agreements with respect to the MG+BW Comfort Club Membership Program. Members of MG+BW Comfort Club are deemed to have accepted and agreed to all Terms and Conditions stated in this Agreement to the fullest extent permitted by applicable law.
© 2017 Mitchell Gold + Bob Williams
Corporate Headquarters for Mitchell Gold + Bob Williams:
135 One Comfortable Place
Taylorsville, NC 28681
Last Updated: August 22, 2017