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Unread 02-09-2006, 14:02
Jack Jones Jack Jones is offline
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Location: Waterford, MI
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Re: Beware of Comp USA

The following is one reason why I've learned to just say no. Not just to CompUSA, but to all of those stores with their shystering come-ons.

Quote:
Originally Posted by COmpUSA Network
Terms & Conditions
By participating in CompUSA Network Rewards Program ("The Program"), the individual (the program "Member" or "you") agrees to the terms and conditions, rules, regulations, policies, and procedures of the program as modified from time to time. Each Member is responsible for remaining knowledgeable as to the current terms and conditions, which are subject to change at any time without notice. (The current Terms and Conditions are available at www.compusanetwork.com). A Member's continued participation in The Program constitutes the Member's acceptance of any changes to the terms and conditions.


CompUSA Inc. ("CompUSA" or "we") reserves the right to disqualify Members who violate any of the terms and conditions of The Program or any applicable law. CompUSA shall have the right, as it deems appropriate in its sole discretion, to terminate The Program, terminate a Member's participation in The Program (the Member's "Membership"), or take appropriate administrative and/or legal action.


Membership, The Program, and its benefits are offered at the discretion of CompUSA. CompUSA has the right to change, limit, modify or cancel The Program and Membership rules, regulations, fees, benefits, caps, rewards, and reward redemption levels at any time, with or without notice, even though such changes may affect the value of points already accumulated, the ability to use accumulated points or the ability to obtain certain rewards. CompUSA may, among other things: (a) increase or decrease the number of points received for purchases or required for a reward; (b) withdraw, limit, modify, or cancel any reward redemption option; (c) restrict the continued availability of rewards; (d) change Membership fees, program benefits, conditions of participation, rules for earning, eligibility of purchases for earning points, redeeming, retaining, expiring or forfeiting points or rules governing the use of rewards.


Member participation in the Program may be subject to tax liability. Any federal, state or local tax liability, including the determination thereof, connected with the receipt or use of The Program points or rewards is the sole responsibility of the Member.


CompUSA shall make all interpretations of program terms and conditions in its sole discretion.

All offers are void where prohibited by law.


The Program and these terms and conditions will be governed in accordance with the laws (excluding conflicts of law provisions) of the State of Texas.
Membership Enrollment & Eligibility
Membership is limited to United States residents ages 18 and over throughout the 48 contiguous United States, Alaska, Hawaii and Puerto Rico. Membership rules and eligibility in The Program are subject to change at any time without notice.


Memberships are only valid at participating CompUSA retail store locations and at www.compusa.com and www.compusabusiness.com.


CompUSA Related Resellers, as defined by CompUSA, are not eligible to become Members in the program.


At the time of enrollment, a Membership fee may be required from an individual in order to participate in The Program. Payment of the current Membership fee and any applicable taxes will entitle the individual Member to participate within The Program, commencing on the date of enrollment, but subject to termination under these terms and conditions. No additional membership fee will be required thereafter for participation in the Program, provided the Member remains active by demonstrating activity within the Member account.


Members may cancel their Membership in The Program at any time by notifying Member Care (*see Member Name and Address Change). Membership fees and associated taxes, as applicable, will be refunded to the Member only if the Member cancels the Membership and returns the Membership card to a participating CompUSA retail store location within 21 days from the date of enrollment.


Membership may be terminated at CompUSA's sole discretion if there is no activity or if no points have accrued within a Member's account during any consecutive 12-month period. All points in the account will be forfeited at that time and will no longer be available for reward redemption.


Membership in The Program may be revoked or suspended at CompUSA's sole discretion if a Member fails to pay any amounts when due.


A Member's participation in The Program and the Member's Membership card are non-transferable.


CompUSA cannot be held liable by any customer for their employee's participation in The Program under any circumstances.


Fraud or abuse relating to the accrual of points or redemption of rewards may result in forfeiture of accrued points as well as cancellation of Membership at CompUSA's discretion.
Member Communications
Respecting a Member's privacy is a priority for CompUSA. However, the Member acknowledges that in order to keep Members apprised of their Membership status within The Program, CompUSA may send Members certain program information that may include printed periodic statements of their account and other information necessary for administration, printed or e-mail marketing materials from CompUSA which will inform Members of exclusive Member offers and products we believe would be of interest to Members, and marketing materials from third parties that have a strategic marketing relationship with The Program. As a Member and participant in The Program, the Member hereby consents to receive all of the kinds of information described above. However, Members may opt-out of mailings from such third parties and/or from e-mails from CompUSA by contacting Member Care.


Members in The Program will receive a Member account statement and a program newsletter only if the Member has earned points or redeemed for a reward during the previous statement period. Members shall be responsible for advising CompUSA of any change of address (*see Member Name and Address Change), and CompUSA shall have no responsibility for misdirected, lost or stolen mail, or any consequences thereof.


Member Service Benefits
Free Online Shipping: qualifying purchase may be any amount. Free shipping offer is limited to "In Stock" items only. Applies to ground delivery only. Not available to Alaska, Hawaii, Puerto Rico, or on international orders. Not available on TVs. Not available at CompUSAAuctions.com, CompUSA eBay Auctions, or purchases from any of our affiliate companies. Not valid on bundle offers or clearance items. Excludes Configure-to-Order purchases.
Member Name and Address Change
Member name and address changes must be made online at www.compusanetwork.com or by contacting Member Care: The CompUSA Network Member Care: 1-877-977-7710 Hours of operation:
Mon. – Fri. from 9:00 am to 6:00 pm CST
Sat. – Sun. from 12:00 pm to 6:00 pm CST
Program Points
A Member in The Program will earn ConnectPointsSM ("points"), subject to the current terms and conditions of The Program, for every eligible purchase at CompUSA retail store locations, www.compusa.com and www.compusabusiness.com. The number of points earned is subject to change at any time without notice.


No purchases associated with the CompUSA Employee Purchase Program or any government or education Net30 account are eligible for points in connection with The Program.


ConnectPointsSM have no fixed value, have no value outside of The Program, may not be redeemed or exchanged for cash, may not be applied to outstanding balances on any account, and are not transferable. Points may be revoked by CompUSA at any time and may not be assigned, sold, or bartered, except as set forth herein.


Members can earn and accumulate points in The Program, where available, at all participating CompUSA retail store locations throughout the contiguous United States, Alaska, Hawaii and Puerto Rico and eligible online purchases at www.compusa.com and www.compusabusiness.com.


To earn ConnectPointsSM Members must provide their Member number at time of purchase.


Points are calculated based upon purchase amount at checkout on eligible purchases. Products, services, fees and other miscellaneous categories which are ineligible for points include, but are not limited to sales tax, state fees, delivery charges, restocking fees, rebates applied at the time of purchase, the dollar amount of available mail-in rebates at the time of purchase of any product or service, instant discounts or savings, the dollar amount of any promotional Gift Card offer with purchase, or other excluded charges. Points will not be earned on Membership fees collected at the time of enrollment into The Program.


Only one Member number and/or account may be eligible for point earning per purchase.


Points will not be earned for any part of a purchase that is settled with a CompUSA Gift Card.


Points will not be earned for any purchases made prior to the date the Member's enrollment was processed. No retroactive Member benefits or points credit will be awarded.


Points will be posted to a Member's account generally within 7 business days of an eligible purchase.


Points earned generally will be eligible toward reward redemption 30 days after the in-store purchase, date of delivery or date of shipment.


When the Member returns a product or service to a CompUSA retail store locations, or returns a purchase by mail for which points were earned when the product or service was purchased, all points (regular points and bonus points) associated with that purchase will be deducted from the Member's account.


Program Members can earn a maximum of 500,000 ConnectPointsSM per Member per calendar year starting at the date of enrollment.


A maximum of 500,000 points can be earned by any corporate entity or Net 30 account, regardless of individual members associated with that account.


Accrued points do not constitute property of the Member. Points accrued by Members and program benefits to which Members may be entitled within The Program are for the sole benefit of the Member, except as specified herein, and may not be transferred by operation of law or otherwise, for any reason, to another Member or to any other individual or entity with the exception that points are transferable to a legal spouse only in the case of documented death of the Member.


Combinations of Members' accounts within the same household may be available at CompUSA's sole discretion upon request to Member Care. Members for all combined accounts must consent in writing to combinations. All combinations are one-time only and are irreversible.


If there is no activity or if no points have accrued within a Member's account during any consecutive 12-month period, such membership may be terminated at CompUSA's sole discretion and all accrued points in the Member's account will be forfeited at that time and will no longer be available for reward redemption. In addition, points expire 36 months after date of issue, regardless of Membership activity within The Program. (Points will be redeemed and expire on a "first in, first out" basis.) Expired points are forfeited and will be removed from a Member's account and will no longer be available for reward redemption.


The accumulation of points does not entitle Members to any vested rights with respect to points, rewards, or program benefits. In accumulating points, Members may not rely upon the continued availability of any reward or reward redemption level.


Members are responsible for ensuring that points are properly credited to Member's accounts. If proper credit does not appear on the Member's account statement, the Member should call or e-mail The CompUSA Network Member Care. Requests to add or modify purchases made at CompUSA must be received within 30 days of the transaction.


CompUSA reserves the right to auto redeem any ConnectPoints associated with an account that has been inactive for more than 30 days.


CompUSA reserves the right to set the expiration date of any ConnectPoints that are auto redeemed.
Rewards
The Program's rewards structure is subject to modification, cancellation, or limitation at CompUSA's discretion, with or without notice. The number of points required to redeem any reward may be increased or decreased, any reward may be withdrawn as an available redemption option, and restrictions on any reward or the process of redemption may be imposed at any time.


If the Member has earned sufficient points to redeem for a program reward, he/she must contact The Program Member Care or redeem online at www.compusanetwork.com. Points cannot be redeemed in any participating store and cannot be redeemed online at www.compusa.com or www.compusabusiness.com.


CompUSA is not responsible for any typographical errors and/or photographic errors and/or omissions online or in its printed materials concerning The Program, including but not limited to any rewards available.


Rewards redeemed by the Member may only be shipped to the address noted on The Program Member's record. Rewards will not be delivered to P.O., A.P.O. or F.P.O. boxes and can be shipped only to addresses in the 48 contiguous United States, Alaska, Hawaii and Puerto Rico. The Member's shipping address will be verified at time of redemption and cannot be changed after the redemption has been made.


All rewards are subject to product availability. In the event a specific program reward item is not available at the time of the requested redemption, CompUSA reserves the right to substitute an item of equal or greater value. CompUSA reserves the right to modify or cancel any reward at any time.


Rewards will be shipped to the Member generally within 2 to 3 weeks of the redemption.


Rewards may not be returned or exchanged for any reason and no refunds will be given. In the event the reward item is defective, broken, or damaged, the reward may be returned for replacement with the same or similar item by contacting Member Care. Under no circumstances will points be credited back to the Members account once they have been redeemed for a reward.
Limitation of Liability
Participation in The Program, including but not limited to the acceptance of points and/or rewards, shall be deemed consent that CompUSA, Inc., its officers, directors, shareholders, agents, employees, parent companies, affiliates, subsidiaries and successors (the "Released Parties") shall not be, or become, responsible or liable in any way whatsoever in connection with any loss, death, injury, and/or damage howsoever caused or arising.


By participating in The Program, each Member accepts all responsibility for, and hereby indemnifies and holds harmless the Released Parties from and against any claims that may arise from actions taken by such Member or for any unauthorized use of the Member's Membership.


UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE PROGRAM, EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES SUBJECT TO APPLICABLE LAW. IF A MEMBER PROVES THAT COMPUSA HAS IMPROPERLY DENIED THAT MEMBER ANY POINTS OR REWARDS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS.
Arbitration
CompUSA and any participant in the Program hereby agree to the terms and conditions of this Arbitration provision.


Any dispute arising out of, relating to, involving, or having any connection with the Program, including any question regarding the validity, interpretation, scope, performance, or enforceability of this Arbitration provision, shall be exclusively and finally settled by arbitration before a sole arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA").


The place of arbitration shall be Dallas, Texas. The place of arbitration shall be a city other than the preceding only upon mutual agreement of the parties.


This Arbitration provision and any arbitration hereunder shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.


Consistent with the expedited nature of arbitration, discovery shall be limited to the exchange of non-privileged documents relevant to the issues raised by any claim or counterclaim. Any discovery shall be completed within 45 days following the appointment of the arbitrator.


Subject to applicable law, the arbitrator shall have no power to award, and the parties hereby waive any claim to, damages of any nature whatsoever (including punitive or exemplary damages) in excess of actual compensatory damages.


Subject to applicable law, an arbitration pursuant to this Arbitration provision shall not be conducted as a class action.


Judgment upon an award rendered by the arbitrator may be entered by any court having jurisdiction thereof.


Unless otherwise agreed by the parties and subject to applicable law, the parties (including their affiliates, agents, and consultants), the arbitrator, and AAA shall maintain the confidentiality of all documents, communications, proceedings, and awards provided, produced, or exchanged in an arbitration pursuant to this Arbitration provision.


This Arbitration provision shall survive termination of the Program and of any Member's participation in the Program. If any portion of this Arbitration provision is deemed invalid or unenforceable by any court, such ruling shall not invalidate or render unenforceable the remaining portions of this Arbitration provision.
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