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 member opts out of automatic renewal. See Section 6.

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 80 miles areas around any Curacao store. 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:

Curacao Club Rewards Program

• Curacao Rewards Program (“Program”): The Program allows members to earn a percentage of qualifying purchases as reward vouchers. As a Member you will earn rewards(“Rewards”) for every $500 in Eligible Purchases or transactions made by you, the person to whom the membership was issued, during any 12-month cycle from the program launch and/or the date the membership was enrolled (“Reward Period”), as set forth below. The amount of Rewards earned is determined by the amount of Eligible Purchases and/or transactions made during any Reward Period and by the type of account, as set forth below. The Program is provided by Curacao and is restricted to individuals with an active Curacao Club membership subscription. The Program and the ability to earn Rewards are only available to Curacao Club Members.
• Eligible Purchases: means net purchases (less credits, returns, and adjustments) of goods and services made using your Curacao membership. Eligible Purchases do not include money transfer, returns, refinance balances, cash loans, taxes, disputed or unauthorized purchases/fraudulent transactions or any other transactions that Curacao may determine in its sole discretion are not eligible to earn Rewards.
• Earning Rewards: Essential Members will earn a $10 digital voucher whenever they accumulate $500 eligible purchases within any Reward Period. Advanced and Elite Members will earn a $20 digital voucher whenever they accumulate $500 eligible purchases within any Reward Period. There is no minimum amount of Eligible Purchases required before earning Rewards and no maximum limit on the amount of Rewards you can earn. However, you will receive the digital voucher every time you accumulate $500 in Eligible Purchases or transactions. Digital vouchers can be used only for purchases and cannot be redeemed for cash, Curacao gift cards, or used as a form of payment on the Curacao account. Curacao will not re-issue any expired digital vouchers, nor will it credit the account with unused Rewards; digital vouchers are only valid within 30 days of issue. Any Rewards balance in your account that did not qualify to earn you a voucher within the Reward Period will be reset to zero for the next Reward Period cycle.
• Using your Curacao Rewards: Rewards earned in any Reward Period will be made available for you via email and text message (registered in the Member’s information) after the Reward is earned during the Reward Period. The email and text message will notify you of a digital voucher you can apply using your Curacao membership within thirty days of the voucher’s issuance. To review your Rewards progress, log into myaccount.icuracao.com or download the Curacao app to view your Rewards. Currently available to redeem in stores only.
• Additional conditions: You may not transfer Rewards earned to anyone else. You acknowledge that the Program is a promotional program as to which no consideration has been paid by or to you and that the Rewards have no cash value. Unless and until you redeem Rewards in accordance with these terms and conditions, no right, title, or interest in the Rewards has been earned. Nothing herein requires Curacao to provide Rewards to any Curacao Club Member or issue any voucher to you if the Program has been canceled, terminated or suspended. The Program, including these terms and conditions, is subject to the Governing Law and Arbitration provisions of the agreement governing your Curacao account. You consent and authorize Curacao and any of its subsidiaries and affiliates or any non-affiliated third parties with whom they contract to manage the Program, as necessary, to effect, administer, enforce, service, or fulfill the terms of the Program. The Program is void where prohibited by federal, state, or local law.

Members with Curacao Credit Accounts: Membership benefits are additional to, and separate from, the benefits, obligations and terms of the Curacao credit card. Membership is 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.

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.

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.

Renewal, Opt-out of Automatic Renewal, and Cancellation:

• Automatic Renewal: Your Curacao Club Membership starts on the purchase date, is a 12-month program and renews annually until you opt out of automatic renewal. We will charge your designated Curacao credit account or credit/debit card on file each year for the Membership fee plus applicable taxes, with prior notice of any price changes.
• Opt-out of Automatic Renewal: You may stop your auto-renewal by calling 1-888-287-2226, visiting a Curacao store, or through myaccount.icuracao.com by logging in to your account at any time during your membership term. To avoid membership renewal fee, you must opt-out of automatic renewal before your renewal date.
• Cancellation of Membership:

  • By You: You may request cancellation of membership and refund of membership fee 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 and downgrades may be requested at any time and will go into effect on your renewal date.

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.

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.

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."

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.

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.

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.