The Ethan Allen Member Program™ Terms and Conditions
The Terms and Conditions set forth below (the "Terms and Conditions") are between you as a customer and/or Member of THE ETHAN ALLEN MEMBER PROGRAM™ ("Member" or "you") and Ethan Allen Retail, Inc. d/b/a Ethan Allen (hereinafter "Ethan Allen", "we", or "us"). You and Ethan Allen may also be collectively referenced herein as "Parties". By applying for membership in, and upon acceptance of your application by Ethan Allen in its discretion, and thereafter using the Member Program (“Membership”), you are entering into an agreement with Ethan Allen governing your relationship with Ethan Allen (“Agreement”). The Agreement shall govern The Ethan Allen Member Program™ ("The Ethan Allen Member Program™" or "Member Program"), as well as all purchases made from Ethan Allen, and all transactions of every nature with Ethan Allen. The Member Program is a paid membership program that, subject to these Terms and Conditions and applicable law, provides Members with the following valuable benefits:
- Member-only pricing on all full-priced merchandise from Ethan Allen (subject to certain limitations)
- Free standard shipping and Premier In-Home Delivery
These benefits and other benefits that may be offered from time to time are available only to active Members and for purchases made and delivery locations within the contiguous United States and Canada.
Please note, that by participating in the Ethan Allen Member Program™, you agree to accept and be bound by the terms and conditions stated in this agreement, including
NOTE: Each of the policies set forth above is incorporated herein by reference and may be added to, amended, changed, revised, and/or modified by Ethan Allen, from time to time, at Ethan Allen’s sole and absolute discretion, and Ethan Allen will provide notice of such changes if and as required by law.
You also consent to
- Mandatory arbitration (on an individual basis) to resolve all issues and disputes
- Waiver of all class actions of any and every type
- Waiver of all jury trials and all other types of court proceedings
Ethan Allen retains the discretion to amend or terminate the Member Program at any time (collectively, an “Amendment”). An Amendment, once posted on Ethan Allen’s website, shall be deemed to be effective upon the date set forth therein, which, in no event shall be less than two weeks, and shall control the Parties’ relationship as of the effective date. In the event that you do not agree to the Amendment, you may cancel your Membership at any time without question. However, you shall continue to receive each benefit that was in effect as of the beginning of the applicable Membership Year (defined below) through the expiration thereof. Your cancellation will also serve to cancel any auto renewal option then in effect.
Membership Eligibility and Fees
Membership in the Member Program is limited to residents of the United States and Canada who are at least eighteen years of age. The annual membership fee for The Ethan Allen Member Program is $100 (the "Membership Fee") plus applicable tax and currency conversion fee, if any, which provides a one-year Membership in the Member Program from the day you join (the "Membership Year"). You may cancel your Membership at any time by following one of the cancellation methods described below. Your cancellation will be effective as of the end of the then-existing Membership Year. No refunds of any Membership Fee (or applicable tax and currency conversion fee, if any) will be given, even if you did not utilize the benefits of Member Program. Ethan Allen reserves the right, in the exercise of its discretion, to reject your application for Membership, or to decline to renew and terminate your Membership. To cancel your Membership before the expiration date, please contact Ethan Allen Client Services at 877.386.9741.
Auto-Renewal Option
Ethan Allen may offer Members the opportunity to auto-renew Memberships annually. For United States and Canadian residents (except for Quebec), if you elect auto-renewal when you join The Ethan Allen Member Program™, you agree that your credit or debit card used to purchase the Membership will be automatically charged $100 annually (plus applicable tax and currency conversion fee, if any) on or about the anniversary of your initial membership without further notice to you, subject to Ethan Allen’s right, in the exercise of its discretion to change the Membership Fee from year to year, or to decline to renew and terminate your Membership. The annual renewal fee may be refunded within 60 days following the renewal date, provided that you have not used Member benefits during the 60-day grace period. If you elect to auto-renew, but the automatic renewal of your Membership Fee cannot be processed for any reason, your Membership Program will expire at the end of the Membership Year for which you previously paid without further notice. For residents of Quebec, your Membership will not renew automatically. To cancel your auto-renewal, if applicable, please contact Ethan Allen Client Services at 877.386.9741.
Exclusions and Limitations
The following items and services are excluded from the Member Program:
- Clearance items
- Corporate or prearranged group discounts
- Employee transactions
- Any other type of sale not expressly permitted herein or any merchandise not having a Member Price
- Prior purchases, pending deliveries, sales tax, gift certificates, and furniture protection plans
- Member pricing cannot be combined with any other savings offers, sales, discounts, coupons, or promotions except applicable financing offers
- Anything else that does not constitute a finished home furnishing product
Other Ethan Allen promotions, if any, cannot be combined with and/or applied to further reduce Member Price or to expand other benefits unless such other promotion specifically and expressly states otherwise in writing.
Free shipping and delivery for Members excludes expedited shipping options and may exclude delivery to certain locations, including Alaska and Hawaii.
Your Consent to Receive Marketing, Promotional Materials, and Other Communications from Ethan Allen
By becoming a Member of the Membership Program, you agree to provide to Ethan Allen all of your Contact Information (including your name, mailing address, email address and telephone number), and agree to receive electronic and print marketing and promotional materials and other communications from Ethan Allen, including by means of social media (“Communications”). If you elect to pay Membership Fee by means of the auto-renewal option, then, in addition to the foregoing, you also agree to provide to Ethan Allen current and valid credit or debit card information, including the account number, expiration date, security code, and the billing address associated with the card.
Our Privacy Policy describes in greater detail the categories of personal information we collect about you, how we use that personal information, and your rights with respect to it. Your acceptance of the Privacy Policy, together with your agreement to each and every one of these Terms and Conditions and this Agreement is a prerequisite to becoming a Member and obtaining the benefits of the Membership Program.
To the extent that the laws of any applicable jurisdiction limit or prohibit our ability to send Communications 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.
Facilitation of Marketing and Email Services
Unless you expressly opt out, by joining the Membership Program, to the extent permitted by applicable law, you agree that Ethan Allen may, in accord with our Privacy Policy, provide, transmit, deliver, and/or share Communications, Contact Information, credit or debit card information, and other personally identifiable information with individuals and/or entities which provide services to Ethan Allen including, business services such as email management, catalog and address management, and promotional service. Personally identifiable information may be accessed/processed by the software and/or hardware of the foregoing service providers and/or may be kept on a remote server, belonging to a third-party service provider, that is designated to store such information electronically. Ethan Allen also maintains your name, contact information, and other personally identifiable information on its internal corporate systems and databases. Further, Ethan Allen utilizes (either directly or through another entity) the NCOA Mover Data Service to update Members' mailing addresses.
Obtaining a Printed Copy of These Terms and Conditions
You may obtain a printed copy of the current Terms and Conditions by sending an email to CanadaCS@ethanallen.com and requesting a copy to be sent to you by mail and providing your Contact Information in the email. Alternatively, if you would like an emailed copy of these Terms and Conditions, please provide your name and the email address to which you would like for the Terms and Conditions to be sent.
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 Ethan Allen each intend for the Act to apply to the fullest extent possible to validate Ethan Allen’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
To the fullest extent permitted by applicable law, you agree that
- your use of the Ethan Allen Member Program™ and any and all of the benefits provided thereunder shall be, at all times, at your sole risk;
- the benefits afforded by the Ethan Allen Member Program™ 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 Ethan Allen is entitled to change and/or modify the benefits and terms and conditions of the Member Program at any time at Ethan Allen's discretion;
- Ethan Allen retains the discretion to accept or reject your application for membership in the Member Program and/or to decline to renew and terminate your membership;
- Ethan Allen makes no warranty that
- the Ethan Allen Member Program™ will be operational, uninterrupted, timely, secure, error free, or work optimally;
- Ethan Allen will meet your expectations and/or requirements;
- the quality of any products, services, website, information, instructions, and/or terms or conditions will satisfy your expectations or be error free; and
- with the exception of the express warranties set forth in Ethan Allen’s terms of sales and written warranty policies, Ethan Allen expressly disclaims 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.
To the fullest extent permitted by applicable law,
- Ethan Allen shall not 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 the Ethan Allen Member Program™, and
- 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
- the use or the inability to use the Ethan Allen Member Program™ or to use or receive any of the benefits thereof;
- 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 messages received or transactions entered into in connection with Member Program;
- unauthorized access to or alteration of your name, contact information, or other membership information; or
- any other matter, issue, or dispute pertaining to your membership in the Member Program, or your attempt to become a Member, and any actions on the part of Ethan Allen pertaining to any of the foregoing.
Limitations of Liability
To the fullest extent permitted under applicable law, you agree that the maximum collective liability of Ethan Allen 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, accepting Membership in, joining, maintaining, using, participating in, or partaking of the benefits of the Ethan Allen Member Program™ and agreeing to these terms and conditions, you voluntarily agree that you have relinquished your right to seek damages from Ethan Allen as and to the extent stated herein and that the agreement to accept such limitations reflects a reasonable allocation of risk.
The provisions of the foregoing paragraphs that impose a damages limitation of one hundred dollars ($100) or otherwise prohibit damages to be multiplied or increased, do not apply in those states, including without limitation to consumers within the state of New Jersey, and the provinces in Canada which do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential, or another type of damages.
Dispute Resolution
Please read this section carefully, as these provisions provide for the resolution of disputes through the use of binding arbitration on an individual basis, and also include certain waivers, including waivers of all class actions, class arbitrations, jury trials, and the right to proceed in court (other than arbitration).
You and Ethan Allen agree that any dispute or claim relating to any transaction or interaction with Ethan Allen (including, but not limited to every purchase), The Ethan Allen Member Program™, these Terms and Conditions, and/or any other aspect or issue concerning the relationship and transactions between you and Ethan Allen, whether pertaining to contract, tort, statute, common law, fraud, misrepresentation, civil liability or any other legal theory (each, a "Dispute") will be resolved in accordance with the provisions in this Legal Disputes section and any other applicable Terms and Conditions.
Subject to applicable law, these Terms and Conditions and any Dispute arising from or in connection thereto shall be governed by the laws of the United States, including the Federal Arbitration Act, and the laws of the State of Connecticut, without regard to principles of conflicts of law. These provisions shall not apply to individuals who reside in Quebec, Ontario, or Saskatchewan. To the extent prohibited by applicable law, non-U.S. citizens agree to an alternative procedure for dispute resolution if the arbitrator rules that arbitration is prohibited by law.
Except for disputes that qualify for small claims courts, all disputes arising out of or related to these terms and conditions or any aspect of the relationship between you and Ethan Allen, whether based in contract, tort, statute fraud, misrepresentation 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, and you agree that Ethan Allen and you are each voluntarily surrendering and waiving the right to trial by a judge or a jury. You agree that any arbitration under these terms and conditions will take place on an individual basis. Class arbitration and class actions are not permitted and you are expressly agreeing to give up the ability to participate in a class action.
The arbitration 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 are available on line, and can be found at: https://www.adr.org/aaa//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 (formerly, the Judicial Arbitration and Mediation Services) 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 https://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. Notwithstanding the foregoing, you may assert individual claims in small claims court if your claims otherwise qualify.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's or JAMS' applicable rules, except as set forth herein. To the extent you prevail on the Dispute(s) that are subject to the arbitration, we agree to pay up to, and you agree that you will not seek recovery from Ethan Allen of more than, the total sum of $5,000 for attorney's fees, costs, and expenses associated with the Dispute and the arbitration thereof; provided, however, that in the event you prevail, we also agree that we will pay the costs of the arbitrator's fees and the other costs associated with the arbitration itself. Likewise, even if we prevail, we will not seek attorneys' fees, costs, and expenses associated with the Dispute exceeding $5,000. You agree that if the amount involved in the Dispute is less than $10,000, the arbitration will be conducted, at your election, by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
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.
Intellectual Property
Unless otherwise approved in writing by Ethan Allen, 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 Membership Program Terms and Conditions pertaining to the time frame of your Membership for your personal use only, and for no other purpose of any sort whatsoever.
General Conditions
This Agreement contains the entire agreement and understanding by and between Parties with respect to the subject matter hereof, and no representations, promises, agreements or understandings, written or oral, not herein contained shall be of any force or effect. No change or modification hereof shall be valid or binding unless the same is in writing and signed by the party intended to be bound. This Agreement shall be binding upon, and shall inure to the benefit of, Ethan Allen and you, and their respective successors and/or assigns. However, you may not assign this agreement or any duties hereunder without the prior express written authorization of Ethan Allen. The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity and enforceability of the other provisions hereof. The headings and other captions in this Agreement are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of this Agreement. Neither party shall be liable for the failure to perform its obligations under this Agreement due to events beyond such party’s reasonable control including, but not limited to, strikes, riots, wars, fire, acts of God, or acts in compliance with any applicable law, regulation, or order (whether valid or invalid) of any court or governmental body. No waiver of any provision of this Agreement shall be valid unless the same is in writing and signed by the party against whom such waiver is sought to be enforced; moreover, no valid waiver of any provision of this Agreement at any time shall be deemed a waiver of any other provision of this Agreement at such time or shall be deemed a valid waiver of such provision at any other time.
