Effective Date: 9/27/22
THE FOLLOWING PROGRAM TERMS GOVERN YOUR ACCESS TO AND USE OF THE Catalog Favorites Rewards WEBSITE (THE “SITE”) AND THE PROGRAM OFFERED THROUGH THE SITE, INCLUDING HOW DISPUTES BETWEEN US SHALL BE HANDLED AS DESCRIBED IN SECTION 9, BELOW, WHICH INCLUDES YOUR AGREEMENT TO INDIVIDUAL ARBITRATION AND A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND TO PURSUE A CLASS ACTION. ACCORDINGLY, PLEASE READ THESE TERMS CAREFULLY.
ALL CONTENT, PRODUCTS, AND THIRD-PARTY PROGRAMS ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED, ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR PROGRAM ACCESSED FROM THE SITE OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL WE OR ANY COVERED PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR PROGRAM OBTAINED FROM THE SITE OR A LINKED SITE.
Notwithstanding the foregoing, to the extent the dispute arises from a violation of your or our intellectual property rights in any manner, both parties agree that the non-infringing party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the subsections below, and both parties consent to exclusive jurisdiction and venue in such courts. Additionally, you or we may take the dispute to small claims court if the dispute qualifies for small claims court.