Plus Points Program Terms & Conditions

Effective Date: 1/2/2023

About these Terms and Conditions

These Plus Points Program Terms and Conditions (the “Program Terms”) describe the terms on which we, Tools Plus, Inc., provide the Tools Plus Plus Points Program (the “Program”). The Program Terms govern your participation in the Program and are a binding agreement between you and us. By enrolling in the Program, you agree to be bound by these Program Terms.

NOTE: These Program Terms include a waiver of your right to participate in a class action, a waiver of your right to a jury trial and a binding arbitration clause.

We may modify or terminate the Program and these Program Terms as described below.

These Program Terms are in addition to our other terms and policies related to your use of the www.tools-plus.com website (the “Website”), including our privacy policy, terms of use and returns policy.

In these Program Terms of Use, "we", "us" and "our" refer to Tools Plus, Inc., and “you” and “your” refers to members or participants in the Program.

Eligibility

To be eligible to participate in the Program, you must be at least the age of majority where you reside, reside in the United States of America (including its territories), and not be an employee of Tools Plus, Inc. or of any of its affiliates.

Membership

Benefits of the Program are only available to its members. To be a member, you must enroll through the Website at Create an Account page or in other ways provided by Tools Plus, provide all required information, and agree to be bound by these Program Terms. By enrolling in the Program, you certify that you meet the eligibility criteria described above and that all the information you have provided in your enrollment form is accurate.

You may only have a single membership. If we discover duplicate memberships then we may, in our discretion, terminate the duplicate memberships.

Plus Points

You may earn “points” in the Program (“Tools Plus Plus Points”) by making qualifying purchases through the Website. You will receive one point for every dollar spent on qualifying purchases, excluding any discount, coupon, promotion or other price adjustment made at the time of purchase. We may deduct Tools Plus "Plus Points" for returns, refunds, chargebacks, credits or similar transactions.

Qualifying purchases exclude gift cards, service fees, shipping charges, finance charges, late fees, interest charges, extended warranty fees and taxes. We may also, from time to time, exclude specific products as qualifying purchases by indicating on the page for the product that it does not earn Tools Plus "Plus Points".

Plus Points will not be awarded retroactively. You must be logged into the Website with the account associated with their membership at the time of purchase.

Plus Points should appear in your account on or before the date that your order is shipped to you. If you discover that points were not properly credited to your account, please contact our customer service department at cs@toolsplus.com within thirty (30) days of the date on which the points should have been credited to your account. Our determination with respect to whether you have earned Tools Plus "Plus Points", and the number of Tools Plus "Plus Points" earned is final.

Rewards

Tools Plus "Plus Points" may be exchanged for discounts off purchases of eligible merchandise made from the Website, in accordance with the current redemption policies.

We may also offer you the opportunity to use Tools Plus "Plus Points" to purchase eligible free merchandise.

We do not allow for fractional awards. Once you have redeemed Tools Plus "Plus Points" for a discount or used Tools Plus "Plus Points" to acquire free merchandise, the amount of the discount or stated value of the free merchandise will be deducted from your account, with any remaining Tools Plus "Plus Points" available for later purchases. Once you have redeemed Tools Plus "Plus Points" for a discount or any other benefit, that discount or benefit may not be converted back into Tools Plus "Plus Points".

Tools Plus "Plus Points" may only be redeemed for eligible merchandise. The following are not eligible merchandise: (i) extended warranties, (ii) gift cards, (iii) payments on accounts or for any amounts payable to us, (v) previously purchased merchandise, and (vi) taxes. Eligible merchandise also excludes merchandise which is identified on our Website as “Not eligible for Tools Plus Plus Points discount” or similar language. Additional exclusions may apply from time to time and will be noted on the Website.

If, for any reason, a sale of eligible merchandise is not completed, then the discount will be applied back to your account and may be used on a future order.

Additional Benefits

We may, from time to time, offer additional benefits to members of the Program. Those benefits might include (i) double benefits for some purchases, (ii) members-only sales events, and (iii) other offers and discounts made available only to members. We do not promise that any such additional benefits will be available at any time or that, once offered, they will continue for any specific time. We may withdraw these additional benefits without any notice. If, however, a benefit has a specific expiration date, then it will expire no earlier than that date. Notwithstanding the foregoing, we may discontinue any offer if it appears to be the subject of fraud or misuse.

Expiration, Transfer, Value

Tools Plus "Plus Points" will expire two (2) years after your more recent qualifying purchase through the Website. Tools Plus "Plus Points" have no cash value and cannot be exchanged for cash. Neither Tools Plus "Plus Points" nor the discount issued when Tools Plus "Plus Points" are redeemed may be transferred to any other person for any reason whatsoever. Upon the termination of your membership in the Program, all your Tools Plus "Plus Points" and any associated discounts will be cancelled. If a member dies, then (except as otherwise required by law), that member’s membership shall terminate, and any associated Tools Plus "Plus Points" and associated discount(s) shall be cancelled.

No Warranties, Limitation of Liability

WE DO NOT MAKE ANY WARRANTY REGARDING THE PROGRAM, TOOLS PLUS "PLUS POINTS" OR ANY BENEFITS MADE TO PROGRAM MEMBER, ALL OF WHICH ARE PROVIDED “AS-IS” AND “WHERE-IS.” WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT RELATED TO THE PROGRAM.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES AND VENDORS, AND OUR AND THEIR RESPECTIVE AGENTS, EMPLOYEES, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE ARISING IN CONNECTION WITH THE PROGRAM, ANY PROGRAM MEMBER’S PARTICIPATION IN THE PROGRAM OR OUR ADMINISTRATION OF THE PROGRAM, INCLUDING (BUT NOT LIMITED TO) ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES EVEN IF ADVISED OF THE LIKELIHOOD OF POSSIBILITY OF SUCH DAMAGES. FUTHERMORE, NEITHER WE, OUR AFFILIATES AND VENDORS, AND/OR OUR AND THEIR RESPECTIVE AGENTS, EMPLOYEES, OFFICERS AND DIRECTORS SHALL HAVE ANY LIABILITY IN CONNECTION WITH (I) ANY UNAUTHORIZED ACCESS TO OR UNAUTHORIZED USE OF YOUR MEMBERSHIP ACCOUNT OR YOUR PROGRAM BENEFITS, (II) THE TERMINATION OF YOUR MEMBERSHIP OR (III) THE TERMINATION OF THE PROGRAM.

THE LAWS OF SOME STATES MAY NOT ALLOW US TO EXCLUDE OR LIMIT CERTAIN WARRANTIES OR DAMAGES. IF THESE LAWS APPLY TO YOU, THEN PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.

Disputes and Arbitration

ANY DISPUTE THAT ARISES BETWEEN YOU AND US AND WHICH RELATES TO THE PROGRAM WILL BE RESOLVED EXCLUSIVELY AS DESCRIBED IN THIS SECTION.

Any and all claims or disputes that arise in connection with the Program shall be resolved exclusively through arbitration. The arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules, as modified by these Program Terms. The arbitrator’s award will be confidential, final and binding on all parties to the arbitration proceeding. Judgment rendered by the arbitrator may be entered into any court having jurisdiction. The AAA’s rules will govern the payment of fees associated with the arbitration, including (but not limited to) administration fees, filing fees and arbitrator fees.

No Class or Representative Actions

You and we may bring claims against each other only on an individual basis and not as a plaintiff or class member in any purported class action or representative action or any related proceeding. The arbitrator may not join more than one individual’s claims and may not preside over any form of a consolidated, class or representative proceeding. The arbitrator may award relief only in favor of the party seeking relief and only to the extent necessary to give to relief to that party’s individual claims. Any relief ordered to one Program member will not affect any other Program member.

Modifications and Termination

We may modify the Program Terms from time to time by posting a new version to the Website. We will use reasonable efforts to notify you of any material updates to the Program Terms. You agree that your continued use of the Program after any updates to the Program Terms constitute your acceptance of the updated Program Terms.

We may terminate the Program in its entirety in its sole discretion at any time. If the Program is terminated, then you will have three (3) months from the termination date to use any remaining Tools Plus "Plus Points". After three months, any unused Tools Plus "Plus Points" or discounts will be canceled.

Miscellaneous

We shall not be responsible for any taxes or fees imposed on you as a result of your participation in the Program or your receipt of rewards, discounts or benefits in connection with the Program. If we fail to enforce any portion of these Program Terms or delays in enforcing them, then that failure or delay shall not waive any of our rights under these Program Terms or your breach of these Program Terms. If any portion of these Program Terms is found to be invalid or unenforceable, then that invalidity or unenforceability shall not affect any other portion of these Program Terms. Headers used in these Program Terms are for convenience only and form no part of the agreement between you and us. These Program Terms describe the entirety of our agreement with you with respect to the Program. These Program Terms are governed by Connecticut substantive law.