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Terms and Conditions of Credit

Last updated: October 9, 2014

THE QUIDSI CREDIT PROGRAM ("PROGRAM") IS OFFERED ONLY IN THE UNITED STATES AND IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES, WHO ARE 18 YEARS OR OLDER AND HAVE THE REQUIRED LEGAL CAPACITY TO ENTER INTO AN AGREEMENT TO PURCHASE GOODS.

In addition to the terms and conditions set forth herein, the Program is also governed by the "Refer-A-Friend" FAQs on the Website which are incorporated herein by reference.

PROGRAM TERMINATION
Quidsi, Inc. and/or its affiliates (hereinafter the "Company") reserves the right in its sole discretion, for any reason, to terminate all or any portion of the Program by giving notice to this effect by means of a posting on the homepage of www.diapers.com, www.soap.com, www.wag.com, www.yoyo.com, www.casa.com, www.vinemarket.com, www.afterschool.com, www.bookworm.com, www.look.com and www.beautybar.com (these websites, along with any new websites introduced, owned and operated by Quidsi, Inc., the "Websites") and/or via another method of notice, as deemed appropriate by Company in its sole discretion. In such event, unless otherwise stated in the notice, the Program will terminate at 11:59 PM Eastern Time on the 15th calendar day following the day on which such notice of termination was given.
PROGRAM CHANGES
You understand that your continued membership with the Company via the Account Agreement and/or your participation in this Program constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the "Program Terms"). We may at any time revise these terms and conditions by updating the Program Terms. You agree to be bound by subsequent revisions and agree to review the Program Terms periodically for changes to the terms and conditions. The most up to date version of the Program Terms will always be available for your review on the Websites.
HOW TO OBTAIN CREDITS, POINTS AND REWARDS
To participate in the Program, you must first open an account and register with the Company through any of the Websites.
Earning Credits for Performance of Specific Activities:
Persons registered with the Company may obtain Credits, Points and Rewards by performing various activities. Whether or not certain activities result in the issuance of Credits, Points and Rewards, and the amount of Credits, Points and Rewards to be issued for an activity, will be posted on the Websites and is determined by the Company in its sole discretion. Such activities include the "Refer-A-Friend" program (as described below and in the FAQs), purchasing products (as described below and in the FAQs), or possibly in the future, purchasing products and/or services from third party partners and/or completing specified tasks, surveys or providing articles. Within approximately 21 days after you have completed a specified activity (as determined by Company in its sole discretion; the appropriate amount of time depending on the specific activity), your account will be credited with the corresponding number of Credits, Points and Rewards (the appropriate number of Credits, Points and Rewards depending on the specific activity). In the event of a program termination, for all methods of obtaining Credits, Points and Rewards, the action to be taken by (or on behalf of) you must be completed no later than 5 calendar days after Company has given notice that the Program will be terminated; after such time, Company will not issue Credits, Points and Rewards to anyone, notwithstanding whether an action by (or on behalf of) you would otherwise result in the receipt of Credits, Points and Rewards under these Program Terms.
Termination of Familyhood Rewards Program
Company terminated its Familyhood Rewards Program on October 18, 2012. Any existing Familyhood Reward Credits already in Customer accounts prior to 11:59 PM EST on October 17th, 2012 (i.e. Familyhood Rewards Points that were converted by the Customer into Familyhood Rewards Credits prior to 11:59 PM EST on October 17, 2012) will continue to be eligible to be used on future orders, pursuant to the original Terms and Conditions and will retain their original expiration date, which is 24 months after the date of initial issuance.
REFERRAL PROGRAM TERMS AND CONDITIONS
These Referral Program Terms and Conditions are in addition to the Company's Terms of Use, which you also accept by using the Websites. To the extent that the Company's Terms of Use are inconsistent with these Refer-a-Friend Terms and Conditions, the Refer-a-Friend Terms and Conditions will control with respect to the Refer-a-Friend program only.
For you to receive a referral credit, the friend you refer must be new to the Website on which he or she shops as a result of your referral, and may not be an existing or returning shopper to such Website ("New Member"). In addition, your friend must place an order through such Website and not cancel that order (a "Qualifying Purchase").
You will receive a referral credit only if your friend enters your specific referral code or your email address at checkout into the box labeled "Promotional Code or Savings Code/Email". Your referral code was generated when you created an account with the Company and can be found at https://www.diapers.com/myaccount/savingsmanager.qs (the "Referral Manager page").
Each referral credit may take a day (or longer) to appear in your account after your friend's Qualifying Purchase, and the credit will be valid for 3 months from the date it first appears in your account. Once in your account, all referral credits that are then valid and outstanding will be automatically applied to your next Company purchase at checkout in the order in which they expire (i.e., first to expire will be applied first).
Referral credit can be redeemed only on the Websites, is valid for a one-time use only and is non-refundable – if you use a referral credit to purchase a returnable item and you return that item, the amount of the referral credit used by you to pay for the item will be deducted from the total amount of the refund.
You may not use referral credits to buy gift cards or to pay shipping, handling, taxes or any other applicable transaction costs. We may also specify certain products from time to time which are ineligible for payment using referral credits.
Referral credits are issued to a single Company account and cannot be transferred, bartered or sold or used for a purchase where payment is made using payment information (e.g., a credit card number or PayPal account) that is already associated with another Company account.
You may not distribute your personal invite link via email, text message, or in any offline method (e.g.,in any printed material, mailing, or other document, or any oral solicitation).
Referral credits are issued as promotional items, have no intrinsic value and may not be redeemed for cash.
In lieu of redeeming your referral credits, you may opt to have us make a donation to one of our selected charities (which you can designate on our Referral Manager page) when the New Member makes his or her first Qualifying Purchase on a Website (or, if your friend shops on more than one new Website, a donation for each new Website). You may not claim a tax deduction for any of our donations associated with this Refer-a-Friend program.
We reserve the right in our sole discretion to interpret and, at any time and without prior notice to you, to add to, remove or otherwise change these Terms and Conditions, including without limitation: modifying how you may earn and spend referral credits, modifying their duration and expiration, requiring minimum purchase amounts for use of referral credits, instituting maximums on the amount of referral credits that you may earn, and discontinuing this Refer-a-Friend program entirely without any further obligations on our part to you. We also reserve the right in our sole discretion at any time without any prior notice to you to determine whether your friend is a New Member for a particular Website and whether your friend's purchase is a Qualified Purchase. We will post an updated version of these terms on the Website, and you will be deemed to have accepted such changes by continuing to use the Website after the date such changes are posted.
Participation in the referral program may require you to submit personal information about you and your friends, such as name and email address. You agree to receive communications from us with regards to your participation in the referral program, and to allow us to communicate with your friends about your participation (for example, by disclosing to your friends that an invite was sent by you). Any information collected from you or your friends as part of the referral program will be subject to our Privacy Policy. In the event you use our Referral Manager to refer a friend via e-mail, any emails sent to a friend who has opted-out of receiving e-mails from us for that particular web-site will not be received, and as such, you will not be able to receive a referral credit for that invite. We will not notify you (or otherwise share information with you) which of your friends accepted your invitation to shop on a new Website.
Referral Credits are not available to Company customers located in the following states: Arkansas, Colorado, Maine, Missouri and Rhode Island or international destinations. Customers located in the aforementioned areas may still participate in the Company's charity donation referral program mentioned above.
The following activities are prohibited and may result in cancellation of your credits or your donations or termination of your or your friends' accounts:
  1. Using multiple accounts, including with different email addresses, for the same person in order to generate additional referral credits.
  2. Using spam or sending unsolicited emails to persons you don't personally know to collect referrals.
  3. Distributing your personal invite link via email, text message, or in any offline method (e.g., in any printed material, mailing or other document, or any oral solicitation).
  4. Collecting referrals by posting on message boards or other online venues in violation of such venues' terms of use.
  5. Post referral codes on coupon sites, deal sites, paid search, or any other platform designed for commercial use and dissemination of codes.
  6. Inviting fake people to use a Company website, using false names, impersonating another person or otherwise providing false or misleading information to us.
  7. Violating the terms of the referral program or any of our other terms and conditions (including, but not limited to our Terms of Use, Privacy Policy and Account Agreement) in any way.
  8. Participating in the referral program where doing so would be prohibited by any applicable law or regulations.
  9. Creating more than one referral code per household.
Using the referral codes in any way that is commercial in nature (including any form of mass distribution) and not solely for personal use. IMPORTANT: BE SURE TO OBTAIN THE CONSENT OF ANOTHER PERSON BEFORE PROVIDING HIS/HER E-MAIL ADDRESS OR OTHER CONTACT INFORMATION TO THE COMPANY.
ORDERING MERCHANDISE USING CREDITS/REWARDS
Be sure to visit the Websites periodically to review your account and check the Credits/Rewards that have been issued to you.
Acquisition of any merchandise from the Company is also governed by the Company's Account Agreement. You are strongly advised to carefully read the Account Agreement, the Terms of Use and the Privacy Policy Statement, all of which are incorporated herein by reference.
EXPIRATION AND FORFEITURE
For the "5% Back" Program, each Reward obtained will expire 60 days after the Reward is deposited into your account. Expiration of such Rewards will result in their forfeiture, and no compensation will be given. For the Familyhood Program, Familyhood Credits earned prior to 11:59 PM EST on October 17, 2012 will expire 24 months after issuance. All other Familyhood Points and Credits will expire at 11:59 PM EST on December 29, 2012. Upon expiration of Familyhood Credits or Points, Credits/Points are forfeited and no compensation will be given. Each credit obtained via the Refer-A-Friend Program will expire within 6 months. Expiration of such credits will result in their forfeiture, and no compensation will be given.
GENERAL TERMS
Credits, Points and Rewards cannot be sold, transferred for value, redeemed for cash, transferred to another member's account or pooled with Credits, Points and Rewards in another member's account. Credits, Points and Rewards may only be redeemed by or used for orders by the registrant for whom the account was created.
Points have no cash value, and cannot be purchased or redeemed for cash. Credits can only be applied to purchases from the Company through otherwise valid and accepted orders.
The sale, trading, transfer, assignment, combining, or barter of Credits, Points and Rewards or use of Credits, Points and Rewards for any purpose other than as set forth in these Credits, Points and Rewards terms and conditions is prohibited.
While every reasonable effort will be made to maintain and accurately reflect the transactions in your account (including but not limited to your balance of Credits, Points and Rewards), Company is not responsible for technical errors which may cause incorrect information to be reflected.
Company reserves the right to reject any Credits, Points and Rewards redemption, which it determines in its sole discretion, violate these Program Terms, to investigate and verify the legitimacy of any use of Credits, Points and Rewards and to close customer accounts and bill alternative forms of payment if fraudulently obtained Credits, Points and Rewards are redeemed and/or used to make purchases on the Websites. You are advised to print out a copy of your registration information, the order confirmation screens, the conversion request confirmation screens (if applicable), the order status screen and account information screens for your records. In all matters relating to the interpretation and application of these Program Terms, the decisions of Company shall be final and binding in all respects.
Credits, Points and Rewards are issued by Quidsi Solutions LLC, a Washington Limited Liability Company. When you redeem Credits, Points and Rewards, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Program Terms. Quidsi Solutions LLC reserves the right to change these Program Terms from time to time in its sole discretion. All terms and conditions are applicable to the extent permitted by law.
MERCHANDISE OFFERED
Company makes no warranty or representation regarding the merchandise it will offer for which Credits, Points and Rewards can be applied. Company reserves the right to discontinue the offer of any merchandise.
PRIVACY NOTICE
Company collects personal data when you participate in this Program. Participation in the Program, and your acceptance of the Terms of Use and/or Account Agreement, constitutes your permission for the Company to maintain the data. The data is collected to, among other things, maintain a record of those who have participated in the Program, to fulfill orders, to properly issue discounts and Credits, Points and Rewards, and for marketing purposes, in accordance with Company's Privacy Policy Statement.
DISQUALIFICATION
Company reserves the right, in its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the operation of the Program (including but not limited to the submission of an order or the acquisition of Credits, Points and Rewards), or the Websites, or to be in violation of the Account Agreement, the Terms of Use of the Websites or these Program Terms; or to be acting in a non-sportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
Should any participant be disqualified for any reason whatsoever that participant's Credits, Points and Rewards will also be forfeited. Any individual who attempts to defraud Company in any way will also be subject to prosecution to the fullest extent of the law.
DISPUTES
Any dispute relating in any way to Credits, Points and Rewards in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts.
LIMITATIONS OF LIABILITY
QUIDSI INC. AND/OR ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO POINTS OR CREDITS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT POINTS OR CREDITS ARE NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH POINTS OR CREDITS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any attempted participation except as permitted by these Program Terms, is void. Company is not responsible for lost, late, incomplete, damaged, stolen, misdirected, illegible materials, email or mail; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or for garbled or jumbled transmissions, or for service provider/Internet/Website/use net accessibility or availability, traffic congestion, or unauthorized human intervention, or for inaccurate capture of any information, Credits, Points and Rewards, or the failure to capture any such information.
Company is not responsible for any incorrect or inaccurate information, whether caused by printing errors, Website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Program, and is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Websites or any communications means. Company is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Program or downloading materials from or use of the Websites.
Should there be any tax liability for the accumulation and/or use of Credits, Points and Rewards or the receipt of merchandise in the Program, or expenses for the use and enjoyment of any such merchandise, or for any other reason, such taxes and/or expenses are the sole responsibility of the participant. In the event that, during a given calendar year, a U.S. resident acquires or redeems Credits for a total value of $600 or greater, Company may be required by law to advise the Internal Revenue Service to this effect, in the form of a Form 1099; said Form 1099 indicating the total retail value of such award items and total value of Credits.