Curacao Club Membership - Terms and Conditions

1. Overview of Terms: These terms ("Terms") outline the conditions of your Curacao Club Membership ("Membership"). This agreement is between you and Curacao, including its affiliates and authorized service providers ("Curacao," "we," or "us"), and it details our mutual rights and responsibilities. The Terms, along with your purchase receipt, any applicable terms for using icuracao.com, Curacao Credit Card Terms and Conditions, and any other services, special pricing, promotional offers, or benefits associated with the Membership, form the complete agreement regarding your Membership. By enrolling in and using the Membership, you agree to these Terms and any updates or modifications. We may revise these Terms or discontinue the Membership program at our discretion.

   Note: as described in Section 6, the Membership automatically renews on an annual basis unless canceled (see Section 6).

2. Membership Benefits: The Curacao Club Membership offers various benefits including special pricing, promotional deals, and other perks ("Membership Benefits") to the registered member ("Member," "you," or "your"). Any benefits delivered to your home will be available only at the primary address linked to your Membership, which must be within the designated DMA areas around Curacao stores. Membership purchases and benefits are restricted to these areas and are not available where prohibited by law. Currently, Membership is not available to individuals outside these specified areas.

   There are three tiers of Membership with varying benefits currently being offered at the prices set forth in the attached Exhibit A:

   2.1. Curacao Club Membership Tier 1 “Essential” includes these benefits:

   • Club Discount Pricing on Specific Products, exclusive Member-priced offers and priority access to limited supply items. As a Member, you will be eligible for exclusive Member-priced offers, sales, events, and have priority access to certain limited supply item events. Quantity limits may apply.
   • Free Shipping on online orders is available with every small parcel purchased from icuracao.com, including, when available, same-day shipping. No minimum purchase is required. This benefit applies to small parcel shipments only and does not apply to large products (e.g., major appliances, large televisions), as defined by Curacao. Large products may be eligible for member-only discounted standard delivery and installation on a promotional basis from time-to-time.
   • 0% APR financing for 4-6 months will be available to members every day on every product and with no minimum purchase required. These transactions will be subject to credit approval as defined by Curacao.
   • A $10 Rewards voucher for every $500 spent will be provided to members via email and SMS. This voucher is valid for 30 days and can be used to purchase any product at Curacao stores or icuracao.com. This benefit is subject to the Rewards program rules available at https://icuracao.com/curacao-rewards
   • Exclusive private sale events and early access to limited availability products: Members will periodically be invited to participate in exclusive private sale events and enjoy early access to select limited availability products as part of their Curacao Club membership benefits. Details regarding product offers, timing, and qualifications will be provided in marketing materials outlining the specific terms for these events. Certain qualifying criteria or prerequisites may apply. Curacao reserves the right to modify or change these offers at its sole discretion without prior notice.

   2.2. Curacao Club Membership Tier 2 “Advanced” includes these benefits:

   • Club Discount Pricing on Specific Products, exclusive Member-priced offers and priority access to limited supply items. As a Member, you will be eligible for exclusive Member-priced offers, sales, events, and have priority access to certain limited supply item events. Quantity limits may apply.
   • Free Shipping on online orders is available with every small parcel purchased from icuracao.com, including, when available, same-day shipping. No minimum purchase is required. This benefit applies to small parcel shipments only and does not apply to large products (e.g., major appliances, large televisions), as defined by Curacao. Large products may be eligible for member-only discounted standard delivery and installation on a promotional basis from time-to-time.
   • 0% APR financing for 4-6 months will be available to members every day on every product and with no minimum purchase required. These transactions will be subject to credit approval as defined by Curacao.
   • A $20 Rewards voucher for every $500 spent will be provided to members via email and SMS. This voucher is valid for 30-days and can be used to purchase any product and Curacao stores or icuracao.com. This benefit is subject to the Rewards program rules available at https://icuracao.com/curacao-rewards
   • Exclusive private sale events and early access to limited availability products: Members will periodically be invited to participate in exclusive private sale events and enjoy early access to select limited availability products as part of their Curacao Club membership benefits. Details regarding product offers, timing, and qualifications will be provided in marketing materials outlining the specific terms for these events. Certain qualifying criteria or prerequisites may apply. Curacao reserves the right to modify or change these offers at its sole discretion without prior notice.
   • Free Curbside delivery on qualifying purchases is available on qualifying purchases made from any Curacao store or icuracao.com. Eligible items can be delivered during available delivery windows, which may be limited based on availability. To qualify, items must be furniture, major appliances, or TV screens larger than 70 inches. Some items may be excluded from this offer. Please note that curbside delivery will place the item in front of the door of your residence. This service does not include the removal of old items, installation, assembly, or placement of the item inside your home.

   2.3. Curacao Club Membership Tier 3 “Elite” includes these benefits:

   • Club Discount Pricing on Specific Products, exclusive Member-priced offers and priority access to limited supply items. As a Member, you will be eligible for exclusive Member-priced offers, sales, events, and have priority access to certain limited supply item events. Quantity limits may apply.
   • Free Shipping on online orders is available with every small parcel purchased from icuracao.com, including, when available, same-day shipping. No minimum purchase is required. This benefit applies to small parcel shipments only and does not apply to large products (e.g., major appliances, large televisions), as defined by Curacao. Large products may be eligible for member-only discounted standard delivery and installation on a promotional basis from time-to-time.
   • 0% APR financing for 4-6 months will be available to members every day on every product and with no minimum purchase required. These transactions will be subject to credit approval as defined by Curacao.
   • A $20 Rewards voucher for every $500 spent will be provided to members via email and SMS. This voucher is valid for 30-days and can be used to purchase any product and Curacao stores or icuracao.com. This benefit is subject to the Rewards program rules available at https://icuracao.com/curacao-rewards.
   • Exclusive private sale events and early access to limited availability products: Members will periodically be invited to participate in exclusive private sale events and enjoy early access to select limited availability products as part of their Curacao Club membership benefits. Details regarding product offers, timing, and qualifications will be provided in marketing materials outlining the specific terms for these events. Certain qualifying criteria or prerequisites may apply. Curacao reserves the right to modify or change these offers at its sole discretion without prior notice.
   • Free Curbside delivery on qualifying purchases is available on qualifying purchases made from any Curacao store or icuracao.com. Eligible items can be delivered during available delivery windows, which may be limited based on availability. To qualify, items must be furniture, major appliances, or TV screens larger than 70 inches. Some items may be excluded from this offer. Please note that curbside delivery will place the item in front of the door of your residence. This service does not include the removal of old items, installation, assembly, or placement of the item inside your home.
   • No Sales Tax on all purchases up to $3,000 per year exclusively available for members and is valid every day, on every transaction, and on every product (except where prohibited by law). The sales tax amount will be reflected on the receipt as a discount proportionally applied to each item purchased.
3. Credit Account Requirement: Although Membership benefits are additional to, and separate from, the benefits, obligations and terms of the Curacao credit card, Membership is only available to Curacao card holders in good standing. Therefore, to maintain Membership in any tier, you must open and maintain your Curacao credit account in good standing throughout the Membership period and verify your Member Address. Membership benefits commence upon payment of the annual fee. The Curacao credit account terms and conditions are detailed at https://icuracao.com/terms. We may link an existing credit account to your Membership.
4. Compliance with Terms:
   • Prior to enrollment, you will receive an email and/or SMS containing the Membership Terms and requesting your acceptance thereof. Acceptance through such electronic means, or enjoyment of the benefits of the Membership, will be deemed to constitute acceptance of the Membership Terms and enrollment. Failure to comply with the Membership Terms (as may be modified from time to time) or to maintain your Curacao credit account in good standing may result in suspension or termination of Membership benefits, or Membership cancellation, without refund or credit for any Membership fees or charges.
   • Membership Benefits are for personal use only and may not be resold, transferred or used for commercial purposes.
5. Eligibility for Benefits: We may request information to verify that you are the Member receiving the benefits. To access Membership Benefits online, log into icuracao.com with your profile. For in-store, phone, or remote chat transactions, identify yourself as a Member. Membership is non-transferable and only available to individuals who are of legal age. Benefits are valid at Curacao locations and on icuracao.com.
6. Renewal and Cancellation:
   • Automatic Renewal: Your Curacao Club Membership starts on the purchase date, is a 12-month program and renews annually until canceled. We will charge your designated Curacao credit account each year for the Membership fee plus applicable taxes, with prior notice of any price changes.
   • Cancellation: You may cancel your auto-renewal (i.e. stop the Membership from renewing) by calling 1-888-287-2226, visiting a Curacao store, or through icuracao.com by logging in to your account:
     • By you: (1) At any time prior to your renewal date, or (2) within 30 days after your renewal date, provided no benefits have been used. Other than as stated above, all membership fees and charges are non-refundable
     • By Us: We may cancel your Membership at any time due to failure to maintain your Curacao credit account in good standing, non-compliance with Terms, or nonpayment.
   • Renewal Notice and Changes: We will notify you at least 30 days before your renewal date via email, SMS, or USPS mail, according to your preference, regarding the then current or proposed Curacao Club Membership terms and conditions, pricing, and instructions on how to continue or cancel your membership. We may discontinue the Membership or offer new, different or changed terms and prices. If the Membership price changes, your credit account will be charged the new rate.
   • Changing Terms During Term: During your Membership term we reserve the right to change Membership pricing, benefits or Terms, including termination of the Membership program, in our sole discretion. We will provide you 30 days’ prior notice of (1) changes in pricing, (2) other changes having a materially negative effect on your benefits or the right to receive such benefits, or (3) termination of the Membership program, via email, SMS, or USPS mail (according to your preference) and by posting updated Terms at icuracao.com. If you disagree with the changes and want to terminate your Membership you may cancel your Membership (using any of the methods set forth above) within 30 days of the date of the notice. At that time, we will credit you with a proportionate share of the Membership price minus the value of any benefits you have received. Continued use of the Membership after changes constitutes acceptance. Tier upgrades are allowed by paying the difference; downgrades are not permitted.
7. Service Limitations: We are not liable for delays or failures beyond our control, system, data and communication failures, strikes, riots, war, terrorism, epidemics or any act of God. We may suspend or limit Membership Benefits if we detect or suspect fraud or abuse.
8. Liability Limitation: TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DATA RECOVERY COSTS; AND (B) OUR LIABILITY IS LIMITED TO THE ORIGINAL PURCHASE PRICE OF THE MEMBERSHIP, INCLUDING TAXES.

9. Agreement to Arbitrate and Class Action Waiver: In consideration of the mutual promises in this agreement, you agree that any claim, dispute or controversy relating in any way to your relationship with us (“Claim”) shall, at the demand of any party, be resolved by arbitration before the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect when the Claim is filed, except that neither party may demand arbitration of any Claim filed in small claims court. This agreement to arbitrate means that you will not be able to have the dispute settled by trial (other than small claims court) or before a jury or to participate in a class action in court, and other rights you would have in court, including your right to appeal, may not be available. Any arbitration will take place in Los Angeles County, California or at any other mutually acceptable location. Where the applicable law allows it, the award may include attorneys’ fees and other expenses. The award, at a minimum, shall be a reasoned award. Either party may appeal the award pursuant to the AAA’s Optional Appellate Arbitration Rules. The award shall not be considered final until the time for filing the notice of appeal pursuant to the Appellate Rules has expired. After the award has become final, any party to the arbitration may enter judgment upon the arbitration award in any court having jurisdiction over the award and may have that judgment enforced by any court having jurisdiction over that judgment.

   NO ARBITRATOR OR COURT MAY ORDER, PERMIT OR CERTIFY A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL LITIGATION OR CONSOLIDATED ARBITRATION IN CONNECTION WITH THIS AGREEMENT. NO ARBITRATOR OR COURT MAY ORDER OR PERMIT A JOINDER OF PARTIES OTHER THAN ANY CO-MEMBER. YOU WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL LITIGATION OR CONSOLIDATED ARBITRATION RELATED TO YOUR MEMBERSHIP.

   This arbitration clause shall not apply to any Claims as to which the limitations herein on class actions or class-action or consolidated arbitration are not permitted by applicable law. If any provision of this arbitration clause should be found invalid or unenforceable, that determination shall not affect the enforceability of the remaining provisions.

   YOU MAY REJECT THIS ARBITRATION CLAUSE, BUT YOU MUST DO SO PROMPTLY. If you do not wish to be bound by this arbitration clause, you must notify us within 60 days from the date of your enrollment by mailing a written rejection notice to: Arbitration Manager, Curacao Legal Department, 1605 W. Olympic Blvd., Ste. 510, Los Angeles, CA 90015. The notice must include your Account number and a clear statement of your intent, such as “I reject the arbitration clause in the Curacao Club Membership Terms and Conditions."

10. Choice of Law, Jurisdiction and Venue: This agreement shall be governed by the substantive law of the State of California without regard to conflicts of laws. You agree to submit to the jurisdiction of the courts located in the state of California. Any action or proceeding not submitted to arbitration pursuant to Paragraph 9 above shall take place in the state or federal courts located in Los Angeles County, California.

11. Integration, Severability, Amendments: This agreement constitutes the sole and entire agreement between us with respect to the subject matter of this agreement and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter. You and we each acknowledge that you and we have not relied on any statement, representation, warranty, or agreement of the other party or any other person on that party’s behalf, including any representations, warranties, or agreements arising from statute or otherwise in law, except for the representations, warranties, or agreements expressly contained in this agreement.

    If any term or provision of this agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

    No amendment to this agreement is effective unless it is in writing, identified as an amendment to this agreement and signed by an authorized representative of each party.

12. Electronic Signatures: Acceptance of the Terms, and any other agreement, notice or documents to be delivered in connection herewith or in connection with the Membership may be executed by electronic signature, and that any electronic signatures appearing on this agreement, or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. The use of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity, and enforceability as a manually executed signature or use of a paper-based record- keeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the California Uniform Electronic Transactions Act, and any other applicable law.