PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE Daily Baby Deals REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND SUCH OTHER TERMS, CONDITIONS, POLICIES, AND DOCUMENTS THAT MAY BE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE OR SERVICES.
THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, IN ACCORDANCE WITH THE TERMS OF THE “ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER” SECTION BELOW.
CHANGES TO THE AGREEMENT
The Program is intended for personal use only. Any commercial use is prohibited. To participate in the Program, you must be 18 years of age or older and must be a legal resident of the United States or its territories. The Program is not targeted towards, nor intended for use by, anyone under the age of 18. Employees, officers, directors, agents, and representatives of Daily Baby Deals or any registered Daily Baby Deals seller are eligible to participate in the Program when using a personal Member Account (as defined herein) but may be excluded from certain promotions.
To access and participate in the Program, you must establish a Daily Baby Deals.com account by visiting Daily Baby Deals.com or one of Daily Baby Deals’ mobile applications (a “Member Account”) and following the prompts. In creating your account, you will be required to provide your first and last name, email address, and password. Daily Baby Deals reserves the right to refuse membership to any Customer who does not follow all Member Account enrollment procedures. You must ensure that all information you provide to Daily Baby Deals with respect to your Member Account and your participation in the Program is complete and accurate. In the event of any changes to your contact or other provided information, you should promptly advise Daily Baby Deals of such changes by visiting https://Daily Baby Deals.com/myaccount/ and updating the information in your Member Account.
Your Member Account is personal to you, and you may only have one Member Account. If we discover that you have more than one Member Account, we may terminate any or all of your Daily Baby Deals accounts and you will forfeit all points and Daily Baby Deals Rewards (as defined herein). You are prohibited from sharing or transferring your Member Account or using your Member Account to complete purchases for any third party with the intent of earning credit in the Program for a third-party activity or otherwise through fraudulent means. You are responsible for the security of your Member Account and for ensuring that no unauthorized person has access to your Member Account. You are responsible for all activity on your Member Account, including any use of Daily Baby Deals Rewards.
By creating a Member Account, or by holding a Member Account as of the effective date of these Terms, you will automatically be enrolled in the Program. You may opt-out of participating in the Program by sending an email to support@Daily Baby Deals.com and writing ‘Cancel Daily Baby Deals Rewards Membership’ in the subject line.
Enrollment in the Program is free. There are no participation or membership fees associated with the Program or your Member Account, and no purchase is necessary to create a Member Account or enroll in the Program.
Upon enrollment in the Program, you will earn points on Qualifying Purchases (as defined herein), which may be converted to Daily Baby Deals Rewards, as discussed below. Your points balance is viewable through your Member Account at Daily Baby Deals.com/myaccount/rewards. Please note that it may take up to 24 hours for changes to your point balance to be reflected in the balance shown in your Member Account.
You earn points for every net dollar spent (rounded down to the nearest whole dollar) toward the Qualifying Purchase Amount (defined below) on all purchases where each of the following criteria is met, and where the applicable purchase is not otherwise excluded from points eligibility under the provisions of these Terms (each, a “Qualifying Purchase”):
- The purchase is made through Daily Baby Deals.com or through one of Daily Baby Deals’ mobile applications.
- The purchase is made on or after November 13, 2020 (the “Program Launch Date”).
- You are signed in to your Member Account at the time of purchase. You will not receive points or Daily Baby Deals Rewards for purchases made on third-party sites or by using the “Guest Checkout” option.
- The purchase is for personal use, which may include gift-giving. No points will be awarded on the purchase of merchandise where Daily Baby Deals determines, at its reasonable discretion, that the merchandise has been purchased for resale or commercial use. Any points previously awarded with respect to any purchase Daily Baby Deals later determines was made for resale or commercial purposes shall be forfeited.
- The purchase is of merchandise. No points will be awarded on the purchase of a Daily Baby Deals gift card.
Points are based on the total amount paid for your purchase, excluding any amounts paid for sales tax, state fees, packaging fees, shipping & handling or delivery charges, optional charitable donations, or any other service or non-merchandise charge, and excluding any amount paid for using a gift card, credit voucher, gift certificate, Daily Baby Deals Rewards, refund check, or any other type of store credit (the “Qualifying Purchase Amount”). The Qualifying Purchase Amount shall not include, and no points will be earned for, the amount of any coupon or discount or the value for any Daily Baby Deals Reward applied to your purchase.
Points may be earned on current Qualifying Purchases only. The Program does not apply retroactively, and no points will be awarded for prior purchases. Similarly, no points will be awarded retroactively for any purchase that may have otherwise counted as a Qualifying Purchase, but for which you were not signed into your Member Account at the time of purchase. All points are promotional only and carry no cash value. Points may not be redeemed for cash, and may not be sold, transferred, or otherwise assigned. Points and Daily Baby Deals Rewards (defined below) do not constitute property of the member and are not transferable via divorce or inheritance.
A member may lose accumulated points due to inactivity of her Member Account, termination of her Member Account, or termination of the Program, all as described in more detail below. Daily Baby Deals has the right to correct or cancel any points posted in error (including adjusting points posted based on the erroneous calculation of a member’s Membership Tier in connection with any Qualifying Purchase), to revoke or cancel any Daily Baby Deals Reward, or another Program award erroneously issued or acquired through the use of points posted in error, or to otherwise correct any errors related to your membership. Daily Baby Deals further reserves the right to withhold and not to award any points, award, or status that it determines a member was not entitled to receive in accordance with this Agreement.
The number of points to be awarded respect to any Qualifying Purchase will be based on the Qualifying Purchase Amount and on your then-current Membership Tier (as described below) in accordance with the following chart:
|Qualifying Purchase Amount||Membership Tier||Points per Dollar of Qualifying Purchase Amount|
|$0 – $149.99||Select||1 point per $1|
|$150 – $499.99||Insider||1.5 points per $1|
|$500 +||All Access||2 points per $1|
A Customer’s Membership Tier, as determined on any given day, shall be based on the sum of all Qualifying Purchase Amounts incurred by such Customer with respect to Qualifying Purchases made in the immediately preceding one (1) year. Purchases made by a Customer prior to the Program Launch Date are not Qualifying Purchases and will not be considered in determining the Customer’s Membership Tier. For clarity and without limiting the foregoing, the measuring period for calculating a Customer’s Membership Tier does not include the day on which a Qualifying Purchase is made and will not consider any purchases made earlier on that same day. Available Membership Tiers include the “Select Tier,” the “Insider Tier,” and the “All Access Tier,” each as more specifically described below. Membership Tier status is calculated daily and will be adjusted daily, as needed, based on such calculations. You may track your Membership Tier status through your Member Account.
Select Tier. Upon creation of a Member Account (or, if the Customer has an active Member Account as of the Program Launch Date, upon the Program Launch Date), a Customer will automatically be placed in the Select Tier. If (and for so long as) the sum of all Qualified Purchase Amounts incurred by a Customer with respect to Qualifying Purchases made in the preceding one (1) year is less than $150, such Customer shall continue to qualify for the Select Tier.
Insider Tier. If (and for so long as) the sum of all Qualified Purchase Amounts incurred by a Customer with respect to Qualifying Purchases made in the preceding one (1) year is between $150 and $499.99, such Customer shall qualify for the Insider Tier.
All Access Tier. If (and for so long as) the sum of all Qualified Purchase Amounts incurred by a Customer with respect to Qualifying Purchases made in the preceding one (1) year is greater than or equal to $500, such Customer shall qualify for the All Access Tier.
A Customer’s Membership Tier status is at all times subject to the Customer retaining a Member Account in good standing and to compliance with these Program Terms.
Points earned may be converted into a Daily Baby Deals rewards coupon (“Daily Baby Deals Rewards”), which is a digital discount coupon, denominated in $1 increments based on the eligible threshold reached. Any points you choose to convert to Daily Baby Deals Rewards will be deducted from the point balance shown in your Member Account. Points may only be converted in increments of 100 active points. For example:
- 100 points = a $1 Daily Baby Deals Rewards
- 200 points = a $2 Daily Baby Deals Rewards
- 500 points = a $5 Daily Baby Deals Rewards
Once points have been converted to Daily Baby Deals Rewards, they cannot be converted back into points, even if the Daily Baby Deals Rewards expire or are otherwise never redeemed.
Daily Baby Deals Rewards can be redeemed for the purchase of merchandise at Daily Baby Deals.com or through one of Daily Baby Deals’ mobile applications. You must be logged into your Member Account to redeem Daily Baby Deals Rewards. Daily Baby Deals Rewards may not be used on purchases made on third-party sites or using the “Guest Checkout” option. You can choose whether to apply your Daily Baby Deals Rewards (if valid and available) to your current purchases. Once any Daily Baby Deals Reward has been redeemed, it will no longer be valid for future purchases. Daily Baby Deals Rewards may not be applied to prior purchases. There is no minimum merchandise purchase amount required to utilize a Daily Baby Deals Reward, but – if the total value of all Daily Baby Deals Rewards applied to a particular purchase exceeds the merchandise total for that purchase – the excess value of the Daily Baby Deals Reward(s) will be forfeited. Daily Baby Deals Rewards cannot be used for the purchase of gift cards, for sales tax, state fees, packaging fees, shipping & handling, delivery charges, or donations.
Daily Baby Deals Rewards expire at 11:59 pm Mountain Time 90 days from the date of issue. If you do not redeem any Daily Baby Deals Rewards by the applicable expiration date, the Daily Baby Deals Rewards will expire, will no longer be valid, and will be deducted from your Member Account.
The redemption value of each Daily Baby Deals Reward is denominated in U.S. Dollars. All Daily Baby Deals Rewards are promotional in nature and carry no cash value. Daily Baby Deals Rewards may not be redeemed for cash. You have no ownership interest in any points or Daily Baby Deals Rewards hereunder. Each Daily Baby Deals Reward is unique and solely associated with your Member Account and is for your personal use only. Daily Baby Deals rewards may not be used for commercial purposes. Daily Baby Deals Rewards may not be sold, transferred, assigned to, or shared with, any third parties, including family, friends, or others, or combined with the Daily Baby Deals Rewards of any other customer for any reason.
Any alleged discrepancies with respect to the awarding or use of points or Daily Baby Deals Rewards shall be decided by Daily Baby Deals at its sole discretion. You agree to abide by any such decision by Daily Baby Deals. The customer is responsible and liable for any applicable federal, state, or local income, sales, use, or other taxes which may result from the Customer’s access to or participation in the Program, including the Customer’s use of any Daily Baby Deals Rewards.
For information about how Daily Baby Deals handles returns, please review Daily Baby Deals’s Returns Policy.
If you return merchandise purchased as part of a Qualifying Purchase, points previously credited for the returned merchandise at the time of purchase will be deducted from the point balance at the time of return. If your points balance is insufficient to cover the deduction associated with the return, you may have a negative point balance and points earned on future Qualifying Purchases may be used to offset this negative balance. Daily Baby Deals may suspend any Member Account with a negative balance.
If you return or cancel an order for any merchandise purchased with Daily Baby Deals Rewards, the dollar value of the Daily Baby Deals Rewards allocated to the merchandise returned or canceled will be credited back to your Daily Baby Deals Rewards balance in your Member Account. You may only receive a credit of Daily Baby Deals Rewards in accordance with the preceding sentence when you were the original purchaser of the returned or canceled merchandise.
INACTIVE MEMBER ACCOUNTS; LOSS OF POINTS & Daily Baby Deals REWARDS
A Member Account will be deemed inactive if, for a period of one (1) year, no Qualifying Purchases are made with respect to the Member Account, and no points associated with that Member Account are converted to Daily Baby Deals Rewards. When a Member Account is deemed inactive, all points and unredeemed Daily Baby Deals Rewards with respect to such Member Account will be considered expired and void, and the points and Daily Baby Deals Rewards balances for such Member Account will be reset to zero. The customer expressly waives any right to be notified by Daily Baby Deals of such expiration. Under no circumstances will be forfeited or expired points or Daily Baby Deals Rewards be reinstated.
PROGRAM CHANGES & TERMINATION
Daily Baby Deals may, in its sole discretion, suspend, discontinue, cancel, or modify the Program (including the availability of Daily Baby Deals Rewards) at any time and without notice or liability to you. Without limiting the generality of the foregoing, Daily Baby Deals may at any time modify the Program structure, the value or availability of points or Daily Baby Deals Rewards, or the tiers of Program membership or the benefits available at each tier, may impose or revise point or reward expiration schedules or conditions, introduce or remove any Program award, impose or modify additional eligibility requirements, or otherwise modify any other feature of the Program or Daily Baby Deals’s operations, or terminate the Program in it is entirety, in its sole and absolute discretion and without notice to you.
OTHER PROMOTIONAL ACTIVITIES
From time to time Daily Baby Deals may offer you the opportunity to earn bonus points, such as inviting you to engage in special promotions or events. These offers could be selectively available to Daily Baby Deals customers based on purchase activity, geographic location, program participation, or other factors and may not be available to all members (as determined by Daily Baby Deals in its sole discretion). Such special promotions or events may be subject to additional or different terms and conditions.
You may cancel your Member Account and your participation in the Program at any time. To do so, please send an email to support@Daily Baby Deals.com, and (i) if you wish to cancel only your participation in the Program, write ‘Cancel Daily Baby Deals Rewards Membership’ in the subject line, or (ii) if you wish to cancel both your Member Account and your participation in the Program, write ‘Cancel Membership’ in the subject line. This email must come from the address associated with your Member Account. If you no longer have access to this email address, please contact the customer service line by phone at (385) 374-6700, extension 1, during the hours of 8 AM to 4 PM (Mountain Time) and we will verify your status and assist you with the requested cancellation. Upon cancellation of your Member Account, you will no longer be a participant in or have access to the Program, and any unused points or Daily Baby Deals Rewards associated with your Member Account will be forfeited and unredeemable.
RIGHT TO REVOKE
Daily Baby Deals may, in its sole and absolute discretion, terminate, revoke, suspend, or limit your access to your Member Account or your participation in the Program (including any or all associated benefits) for any reason, including, without limitation, if Daily Baby Deals believes, (a) you have breached any term of this Agreement or made any misrepresentation to Daily Baby Deals, (b) you have (or have attempted to) damage, tamper with, or corrupt the operation or function of the Program or any Daily Baby Deals website or application, (c) you have engaged in any abusive, disruptive, fraudulent, potentially fraudulent, unusual, or unlawful behavior or activity with respect to the Program (including the points or Daily Baby Deals Rewards) or any Daily Baby Deals website or application, or have engaged in any conduct that artificially, improperly, or deceptively impacts the accumulation of points, awards, or membership benefits (including, without limitation, use of any “bot,” macro, script, or other automated means to participate in the Program); or (d) you have transferred or attempted to transfer to any third party your Member Account or any points or awards in the Program. Any decision by Daily Baby Deals to so terminate, revoke, suspend, or limit your access to your Member Account or your participation in the Program (including any or all associated benefits) shall be final and binding in all respects. If your Member Account or participation in the Program is terminated, you will lose all points, Daily Baby Deals Rewards (or other awards, if applicable), and Program benefits and will no longer be able to earn or redeem points or awards in the Program. Likewise, your future participation in the Program may be prohibited by Daily Baby Deals at its sole discretion.
NO WARRANTY; LIMITATIONS OF LIABILITY
Neither Daily Baby Deals, its affiliated entities, nor any of its or their respective officers, directors, employees, and agents make any warranty, express or implied, including, without limitation, any warranties of merchantability or fitness for a particular purpose with respect to the Program, your participation therein, or any goods or services related to the Program.
By participating in the Program, you release Daily Baby Deals, its affiliated entities, and its and their respective directors, officers, employees, and agents (a) from all liability with respect to the Program and your participation therein, including, without limitation, any use or misuse of points or Daily Baby Deals Rewards, whether by you or a person other than the Customer to whom the points or Daily Baby Deals Rewards were issued or awarded, and (b) from and against any and all claims, damages, losses, liabilities, or other expenses (including reasonable attorney fees) relating to or arising from the Program, your access to or participation in the Program and its benefits, and/or this Agreement.
Each Customer understands and agrees that all rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of the United States are hereby expressly waived by him/her. Section 1542 reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER
Please read this section carefully. It impacts the rights that you may otherwise have. It provides for the resolution of most disputes through individual arbitration instead of trial courts and class actions. This “Arbitration; Jury Waiver; Class Action Waiver” section survives any expiration or earlier termination of these Terms.
Informal Dispute Resolution. As a condition precedent that must be satisfied prior to initiate any arbitration or other action against the other party, both you and Daily Baby Deals agree to the following dispute resolution procedure: In the event of any controversy, claim, action, or dispute arising out of or related to any transaction conducted on Daily Baby Deals.com or any Daily Baby Deals mobile application, the Program, or the breach, enforcement, interpretation, or validity of this Agreement (“Claim”), the party asserting the Claim must first try in good faith to settle such Claim by providing written notice, by first-class or registered mail, to the other party describing the facts and circumstances (including any supporting documentation) of the Claim. The party asserting the Claim must allow the receiving party 30 days in which to respond to or settle the Claim.
For purposes of this section, notices must be sent as follows:
- If to Daily Baby Deals: to Daily Baby Deals LLC, 14601 North Bybee Lake Court, Suite NZ1631203, Portland, Oregon 97203, USA Email: support@Daily Baby Deals.com.
- If to Customer: to your last-used billing address or the billing and/or shipping address listed in your Member Account
Arbitration. To the extent, that you cannot resolve any Claim through the informal dispute resolution procedure set forth above, and except as otherwise set forth herein, a Claim must be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Claim. You and Daily Baby Deal each express delegates to the arbitrator the authority to determine the arbitrability of any Claim, including the scope, applicability, validity, and enforceability of this arbitration provision.
To begin an arbitration proceeding, you must send a written request to Daily Baby Deals at Daily Baby Deals LLC, Attn: Legal/Compliance, 14601 North Bybee Lake Court, Suite NZ1631203, Portland, Oregon 97203, USA Email: support@Daily Baby Deals.com. You agree that the arbitration will be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In accordance with the AAA Rules, you must also send a copy of your written demand for arbitration to AAA when submitting your request to Daily Baby Deals. In the event that the AAA is unable or unwilling to initiate arbitration within fourteen (14) days of receiving a demand for arbitration, arbitration may be conducted by JAMS, Inc. (in accordance with its Streamlined Arbitration Rules & Procedures) or by any other mutually agreeable arbitration administration service. You and Daily Baby Deals each agree that this Agreement evidences a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not be governed by state law. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed on location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor Daily Baby Deals may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
In lieu of arbitration, and notwithstanding anything in this section to the contrary, either you or Daily Baby Deals may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, but only if it is brought and maintained as an individual claim. Additionally, and notwithstanding anything herein to the contrary, nothing in this section shall prohibit you or Daily Baby Deals from seeking temporary injunctive relief in a court of competent jurisdiction to prevent an imminent or stop an actual breach of this Agreement.
Class Action and Jury Waiver. YOU AND Daily Baby Deal EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN ANY ACTION BETWEEN YOU AND Daily Baby Deals THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THE ARBITRATION AGREEMENT SET FORTH ABOVE WILL BE VOID AS TO YOU. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Any dispute arising from these Terms or your access to or participation in the Program will be governed by and construed and enforced in accordance with the laws of Utah, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Salt Lake County, Utah.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by any arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect. The Agreement constitutes the sole and entire agreement between you and Daily Baby Deals with respect to the Program and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. For more information or other questions, please contact us at Daily Baby Deals Customer Support