Introduction
Please review these terms and conditions, which govern your use of Chenweis.com (https://www.chenweis.com), the Chenwei’s Personal Accounts (“Personal Account” or “MyChenwei’s Rewards Accounts”) and related services, and Chenwei’s Business Accounts (“PRO Accounts”) and related services, and any sites, applications, or mobile sites or applications, such as the Chenwei’s applications available on your mobile device and any other site on which these terms and conditions appear, platforms, and tools where these terms and conditions appear or are linked (collectively, the “Site” or “Sites”). Your use of any of the Sites constitutes your unconditional agreement to be bound by these terms and conditions, and the Privacy and Security Statement (collectively, the “Terms”). The Sites are provided by Chenwei’s Home Centers, LLC. (“Chenwei’s”) as a service to its customers, unless specifically provided otherwise on a Site. The Terms inure to the benefit of Chenwei’s and its parent, subsidiaries and affiliates.
Your Use of the Site
Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur.
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such control protections is available on the websites GetNetWise (https://www.getnetwise.org) and OnGuardOnline (https://onguardonline.gov).
You agree that you will not do any of the following (collectively, the “Code of Conduct”):
• Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site
• Use the Site or content on or from the Site for any unlawful purpose
• Express or imply that any statement you make is endorsed by Chenwei’s or its subsidiary, parent or affiliate companies
• Submit data or information to or otherwise transmit material through the Site that is (i) copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable or infringes Chenwei’s or any third party’s intellectual property rights or other rights; (iii) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or (iv) is nonpublic information about a company or individual without the express written authorization to do so
• Engage in spamming, flooding, phishing or other activity intended to gather information unlawfully
• Transmit any software or other materials that contain any harmful or malicious code, including, without limitation, viruses, worms, time bombs, date bombs, trojan horses and defects
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site
• Remove any copyright, trademark or other notices of proprietary rights contained on the Site
• “Frame” or “mirror” any part of the Site without Chenwei’s prior written authorization
• Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents
• Harvest or collect information about Site visitors
• Take any action that imposes an unreasonable or disproportionately large load on Chenwei’s infrastructure
• Use the Site for any reseller activities. Reseller activities include (i) purchasing products for the purpose of reselling those products through any channel to downstream customers; (ii) placing orders on behalf of other persons for commercial purposes; and (iii) extracting, scraping, mining, copying or otherwise gathering information from the Site in connection with your sale or another party’s sale of products (whether purchased from Chenwei’s or another seller) through any channel to downstream customers. Purchasing a product that will be used or consumed as part of a home improvement or construction project performed for another person does not constitute a reseller activity
You acknowledge and agree that (i) all information you provide with regards to a purchase of products and/or services, including, without limitation, credit card, wallet (e.g., ApplePay, etc.), or other payment information, is accurate, current and complete, and (ii) you may be subject to additional terms and conditions of the third-parties providing your chosen payment method. Additionally, you represent and warrant that you have the legal right to use the payment method you provide to us.
Placing Your Orders on the Site
• All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and/or services that you have requested.
• Chenwei’s and its affiliates and subsidiaries reserve the right, at their sole discretion, to (i) refuse service and to terminate accounts if Chenwei’s believes in its sole discretion that customer conduct violates applicable law or the Terms, is harmful to the interests of Chenwei’s, its subsidiaries or its affiliates or for any other reason; (ii) limit the quantity of items purchased per person, per account, per household and per order as determined in their sole discretion; and (iii) refuse or cancel any order you place. These restrictions may be applied to the same account, same credit card and/or the same billing and/or shipping address.
• Chenwei’s acknowledgment of an order signifies that we received your order request, but it does not constitute acceptance of your order or a promise to fulfill your order. We strive to provide accurate information on the Site, but we cannot and do not guarantee the accuracy of all information about items on the Site. You understand that information about items on the Site, including, without limitation, price, availability, specifications and images, may be incomplete or inaccurate. If we determine that information about an item you ordered is inaccurate or incomplete, we reserve the right to cancel that order and refund any applicable charges. Any canceled order placed using a Chenwei’s Gift Card will have a refund card mailed to the address listed within the billing address line of the online order.
• All items and products purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon Chenwei’s delivery of the items or products to the carrier.
• You may choose to pick up eligible items in a single order from different Chenwei’s stores. For instance, in the same order, you may choose to pick up a hammer from one store, nails from a second store and lumber from a third store. The online price for your items will be the price shown at the time you start the checkout process. You understand that the online price may be different from the in-store prices for the same item and will be exclusive of store-specific sales, discounts, rebates or other markdowns available for in-store purchases.
• If you wish to purchase products or services described on the Site, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. Your Account will provide you a location to store your information and allow you to make a future purchase without reentering information. You agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The amount of tax displayed when you check out is an estimate and may be updated at the time your card is charged in accordance with our billing policy.
• Tools, products, materials, techniques, building codes and local regulations change; therefore, Chenwei’s assumes no liability for omissions, errors or the outcome of any project. The reader must always exercise reasonable caution, follow current codes and regulations that may apply, and is urged to consult with a licensed professional if in doubt about any procedures.
Information Posted on the Site
The information and materials on the Site (the “Materials”) are provided for your review in accordance with the Terms. However, the Materials do not necessarily reflect the opinions of Chenwei’s or any of its affiliates, subsidiaries or agents.
At Chenwei’s, we carry the Brand Names You Know and Trust™. Unless indicated otherwise, most products and services displayed on the Site are available directly from or through Chenwei’s, its subsidiaries or its affiliates. Chenwei’s endeavors to display and describe its products and services accurately on the Site. Chenwei’s is also improving its products and services, and may update the Materials displayed on the Site at any time and without notice.
Chenwei’s cannot and does not guarantee the accuracy or completeness of the Materials displayed on the Site, including, without limitation, prices, product images, specifications, dimensions, availability and services. The Materials may contain technical inaccuracies and typographical errors. Products and services are the responsibility of the manufacturer and service provider, respectively and subject to the warranties offered by such manufacturer or service provider.
Copyrights, Trademarks and Patents
All software and content on the Site, such as text, graphics, logos, button icons, images, audio clips, video clips and software, is owned or licensed by Chenwei’s, or its software, and content suppliers and licensors. Such software and content is protected by United States and international copyright laws.
The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Chenwei’s and protected by applicable copyright laws.
Chenwei’s grants you permission to view and use content and software made available to you on the Site in connection with your use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the content or software on the Site is strictly prohibited. Chenwei’s and its affiliates, subsidiaries, suppliers and licensors expressly reserve all intellectual property rights in all text, products, technology, content and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license to Chenwei’s or any third party’s intellectual property rights.
The Site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.
The names, trade names, logos, service marks, trademarks and trade dress (collectively, “Trademarks”) on the Site are registered and unregistered trademarks of LF, LLC, and other parties. Use of the Site in no way grants any license or right to use any Trademark displayed on the Site. LF, LLC, requires prior written approval for the use of the “Chenwei’s and New Gable Mansard Design®” (Chenwei’s logo) or any other LF, LLC Trademarks, as part of a link to or from any website. LF, LLC, also requires prior written approval to use the Chenwei’s logo, Chenwei’s name and any other LF, LLC marks in any form of advertising or any other commercial use. One or more patents may apply to the Site, including, without limitation: US Patent Nos. 5,528,490; 5,761,649; 5,930,474; 7,908,173; and 7,908,176.
Links to Other Sites
The Site may contain links to other websites so that you can learn more about the products available on the Site and have access to other information. These links are provided to you only as a convenience, and their presence on the Site does not imply endorsement by Chenwei’s or its affiliates or subsidiaries of such website or of any association with such websites’ operators.
You agree that Chenwei’s and its affiliates and subsidiaries are in no way responsible or liable for the availability or content of the websites to which the Site is linked. Chenwei’s and its affiliates and subsidiaries make no representations whatsoever about any other website you may access through the Site.
Any concerns regarding products or services offered by a website to which the Site is linked or the link itself should be directed to the operator of that specific website and not the Site.
We strongly encourage you to become familiar with the terms of service and/or terms of use and practices of any linked website. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of items, such as viruses, worms, trojan horses, defects, time bombs, date bombs and other items of a harmful nature.
Content
You hereby grant Chenwei’s and its affiliates, licensees and sublicensees, without any compensation of any kind to you or others, a worldwide, perpetual, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, modify, store on its servers, publicly display, perform, promote, market, permit the online use of and otherwise use in any way Content and all information, data and materials derived from or based in whole or in part on any of the Content, in any format or media (“Content License”). “Content” means all text, images, artwork, technology, content, data, metadata, information, materials, plans, instructions, commands, dimensions, specifications, preferences, activity on the Site and other items, in each case (i) submitted, entered, provided, uploaded, recorded, performed, streamed or made available, in each case by you on, or (ii), generated, recorded, collected, or derived, in each case through your use of, the Site or any third party applications integrated with, or accessible through, the Site, including without limitation any analytics, summaries, programs, improvements, derivative works, compilations and outputs.
You waive, release and agree not to assert any and all moral rights that you may have in any Content submitted by you to the Site. By submitting any Content to the Site, you warrant and represent that you have the right to use such Content and have the right to permit Chenwei’s and its affiliates, licensees and sublicensees to use such Content in accordance with the terms of the Content License. This Content License is in addition to, and not in lieu of, the UGC License.
User-Generated Content
Identification of User Content: As part of your use of any of Chenwei’s Home Centers, LLC Sites, as well as pursuant to your participation in or use of any of the other Chenwei’s Companies, Inc. and its affiliates’ (collectively “Chenwei’s Organization”) social media or other digital platforms (collectively our “Platforms”), or pursuant to your participation in or response to any other invitations or forums that may be made available or extended to you by or on behalf of Chenwei’s (collectively “Other Forums”) (hereinafter Sites, Platforms and Other Forums shall be collectively referred to as a “Content Hub” or “Content Hubs”), we welcome feedback, reviews, text, ideas, photos, videos, or any other content (all the foregoing referred to herein as "User Content ") that you submit through such Content Hub, as long as such User Content meets our requirements as set forth in these User Content Terms.
• Grant of Rights: When you share or publish User Content on a Content Hub, you grant Chenwei’s Organization a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license with respect to such User Content pursuant to these User Content Terms (“License”). This License gives Chenwei’s Organization the right to copy, publish, broadcast, publicly display, edit, translate, transmit, perform, alter, feature, combine with other material, adapt, reproduce, translate, reformat, incorporate, distribute, modify, make derivative works of, feature and otherwise use (collectively “Use”) such User Content, including Use of any form of identification of any person or groups of people within such User Content including without limitation their name(s), voice(s), image(s) (in each instance, their “Identity”). Such Use may occur in any and all media now known or hereafter developed, including without limitation on and in Chenwei’s Organization websites, social media sites, digital platforms and channels, as well as in print and broadcast media, without any territorial or time limitations, for any purposes that Chenwei’s deems necessary, desirable or appropriate. If you share or provide your name, partial name, social media handle(s), or other identifying information about yourself (each a “Source Identifier”) on or in connection with the User Content on a Content Hub, Chenwei’s Organization may use any such Source Identifier in connection with its use of the User Content, in its sole discretion, and hereinafter for purposes of these User Content Terms, the term “User Content” shall include any Source Identifiers. In addition, this License allows Chenwei’s Organization to sublicense any or all of the foregoing rights, through multiple tiers, to the maximum extent permitted by law. Chenwei’s and its sublicensees shall be referred to herein as “Chenwei’s Etc.” The Licenses set forth herein shall survive the termination of these User Content Terms.
• Release of Claims: By submitting User Content, you expressly waive any and all claims against Chenwei’s Etc. arising out of or relating to our Use of any product, design, concept or other materials similar or identical to anything contained in your User Content.
• Representations and Warranties: By submitting any User Content to a Content Hub or otherwise agreeing to these User Content Terms, you represent and warrant that:
o No User Content includes the Identity of a Child (“Child” is defined as someone who is under the age of 13).
o You have all rights necessary to grant this License and any sublicenses. This means among other things that:
• You are the owner (author) of the User Content.
• If you use the Identity of a third party in the User Content, you have their written permission (or that of their parent/legal guardian if they are a non-Child minor in their jurisdiction).
o Your creation of the User Content complies with all applicable rules, laws and regulations (“Applicable Law”) and the Use of the User Content by Chenwei’s Etc. will not violate any Applicable Law or any third party rights, including without limitation any copyright, trademark, trade secret, privacy or other intellectual property rights of any third party;
o Your User Content is truthful, accurate and not misleading. To that end, you confirm the following:
• If and to the extent your User Content contains a review, endorsement or testimonial about a product or service (collectively “Review”), such Review is based on your actual use of the product or experience with the service that is the subject of the Review, and contains your true opinion and belief based on such use or experience under normal use conditions; and
• to the extent your User Content contains a Review, you confirm that you received no compensation or other incentive to provide the Review, or if you did, you have disclosed what compensation or incentive you received in your User Content.
o You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory.
• Additional Terms: You understand and agree that User Content may be viewed by the general public and you do not and shall not consider such User Content to be private, proprietary or confidential. You agree that the License you are granting to Chenwei’s is without any compensation of any kind to you or others.
You agree that any User Content that you share, publish or authorize us to Use:
o will not cause injury to any person or entity when Used by Chenwei’s Etc.; and
o does not contain any profanity or threatening language, or material that could be considered obscene, harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading; and
o does not contain any malware, chain letters, mass mailings, or any form of “spam”; and
o does not promote any particular political agenda or contain any political campaign messaging; and
o does not include any commercial solicitation; and
o does not contain defamatory remarks or, misrepresentations about Chenwei’s Organization or its products, or other people, products, services, or companies; and
o does not include content that is derogatory or suggestive of violence toward any individual or groups of people including based on ethnicity, race, gender, religion, profession or age; and
o does not include or promote any activities that may appear unsafe or dangerous; and
o does not promote the illegal, excessive or irresponsible consumption or use of alcohol, drugs, tobacco, or firearms/weapons; and
o does not include links to any of the content that is prohibited in this list.
Notwithstanding anything to the contrary herein, nothing in these Terms shall restrict, impair or result in the waiver of any legal rights a consumer may have to publish truthful reviews or other statements about Chenwei’s, its employees or representatives, or any products or services offered by Chenwei’s.
• Integrity and Authenticity: You agree that you will not use a false or misleading email address, home or business address, impersonate another person or entity, or otherwise mislead with respect to the origin of any User Content you submit, including, without limitation, comments and feedback you submit to a Content Hub. You agree that Chenwei’s Etc. is not responsible for any User Content that you submit to a Content Hub.
• Chenwei’s Organization Responsibility for User Content Posted on Content Hubs: Chenwei’s Etc. does not guarantee that User Content submitted to a Content Hub will be used by Chenwei’s Etc. or made publicly available. Chenwei’s Etc. does not guarantee that User Content posted to a Content Hub will not be offensive, defamatory or otherwise objectionable. Chenwei’s Etc. reserves the right to remove any User Content from a Content Hub at any time without notice and in Chenwei’s Etc. sole discretion; however, you acknowledge and agree that Chenwei’s Etc. is under no obligation to you to police, monitor or remove User Content or comments made about User Content, and Chenwei’s Etc. makes no guarantee with respect to the completeness, accuracy, integrity or quality of User Content submitted to or appearing on any Content Hub or in any other materials released by Chenwei’s Etc. Chenwei’s Etc. has no control over third party use of your User Content, and no liability for any misuse of your User Content. Chenwei’s Etc. does not endorse any comments, opinions, advice or other statement made about or in connection with your User Content.
Digital Millennium Copyright Act
Claims of Copyright Infringement. It is our policy to restrict access privileges of those who repeatedly infringe the copyrights of others. If you believe any materials accessible on or from the site (including content submitted by other users) infringe your copyrights, you may request removal of those materials, or access thereto, by submitting a notification pursuant to the Digital Millennium Copyright Act (the “DMCA”) to Chenwei’s designated Copyright Agent (identified below), which sets forth the following information:
• Identification of the copyrighted work you believe to be infringed. Please describe the work and, where possible, include a copy or the location, e.g., URL, of an authorized version of the work
• Identification of the material that you claim to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Chenwei’s to locate the material
• Your name, address, telephone number and, if available, email address
• A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent or the law
• A statement that the information you have supplied is accurate and indicating that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf
• A physical or electronic signature of the copyright holder or authorized representative
The Copyright Agent designated by Chenwei’s to receive notifications of claimed infringement is:
DMCA Notices
c/o Compliance Department
Chenwei’s Companies, Inc.
1000 Chenwei’s Boulevard
Mooresville, NC 28117
704-758-2921
DMCANotices@chenweis.com
• Only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support and other communications should be directed to Chenwei’s customer care at the contact information listed under “Contact Us.”
You acknowledge that if you fail to comply with all of the instructions above, your DMCA notice may not be valid.
Reinstatement Process. If your submitted materials were removed or the access thereof has been disabled and you believe that such materials are not infringing or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submitted materials, you may send a counter-notice containing the following information to Chenwei’s designated Copyright Agent:
• Your original or electronic signature
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
• A statement "under penalty of perjury" by you that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the content
• Your name, address, telephone number and, if available, email address; a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside of the United States, for any judicial district in which Chenwei’s is located; and that you will accept service of process from the person who provided the original notification of infringement or an agent of such person
• If a counter-notice is received by the Copyright Agent, Chenwei’s may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within ten (10) business days. Unless Chenwei’s Copyright Agent receives notice from the person who submitted the DMCA notice that the copyright owner has filed an action seeking a court order to restrain the relevant user from engaging in infringing activity relating to the materials submitted to the site or Chenwei’s system or network, Chenwei’s may replace or restore access to the relevant content in ten (10) to fourteen (14) business days after receipt of the counter-notice, at Chenwei’s sole discretion
Warranty Disclaimer; Limit of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET IN GENERAL. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CHENWEI’S, ALL OF CHENWEI’S SUBSIDIARY, PARENT OR RELATED COMPANIES, CALL CENTERS AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
CHENWEI’S AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT BY CHENWEI’S OR CHENWEI’S LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CHENWEI’S SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (1) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS ON WHICH THE SITE IS HOSTED AND/OR ON WHICH ANY OF YOUR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (2) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; AND/OR (3) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A HARMFUL NATURE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY. CHENWEI’S DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED SITE. YOU AGREE THAT CHENWEI’S AND ITS AFFILIATES, PARENTS AND SUBSIDIARIES WILL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES AND DAMAGES RESULTING FROM THE LOSS OF USE, DATA, PROFITS OR BUSINESS INTERRUPTION ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE. THIS ALSO INCLUDES DELAYS IN BEING ABLE TO USE THE SITE, THE INABILITY TO USE THE SITE, OR ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CHENWEI’S AND/OR ITS SUBSIDIARIES AND AFFILIATES WERE AWARE OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This disclaimer does not apply to intentional or wanton acts on the part of Chenwei’s. This disclaimer constitutes an essential part of these terms.
You should use your best judgment and exercise caution where appropriate. Your use of the site and any materials provided through the site are entirely at your own risk.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CHENWEI’S AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, ATTORNEYS, ASSIGNS, SUCCESSORS-IN-INTEREST, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, LICENSEES AND SUBLICENSEES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, CAUSES OF ACTION, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (1) YOUR ACTUAL OR ALLEGED BREACH OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, THE CODE OF CONDUCT; (2) ANY ALLEGATION THAT ANY CONTENT OR OTHER MATERIAL YOU HAVE SUBMITTED OR TRANSMITTED TO THE SITE INFRINGE, MISAPPROPRIATE OR OTHERWISE VIOLATE THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PARTY; AND/OR (3) YOUR ACTIVITIES OR OMISSIONS IN CONNECTION WITH THE SITE.
Dispute Resolution
Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. Chenwei’s makes no representation or warranty that Materials and Content on the Site are appropriate or available for use in any particular jurisdiction. Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms, and you agree not to access this Site in any jurisdiction where all or any portion of the Site violates any legal requirements. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.
Chenwei’s and You each recognize and agree that good faith, informal efforts to resolve disputes often result in prompt, low-cost and mutually beneficial outcomes. Therefore, You and Chenwei’s each agree that, before either of us may commence an arbitration or assert a claim in small claims court, You and Chenwei’s will engage in the following informal dispute resolution process:
• You must first present any claim or dispute to Chenwei’s by contacting the customer care center to allow Chenwei’s the opportunity to resolve any dispute. To initiate informal dispute resolution, You must provide Chenwei’s your full name and contact information; a description of your claim; information about the specific purchase, transaction or matter at issue; your counsel’s name and contact information, if applicable; and a description of the relief sought.
• You and Chenwei’s will personally meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim covered by this provision. If either You or Chenwei’s is represented by counsel, that counsel may, but is not required to, participate in the informal dispute resolution conference.
• Either party may request arbitration or a proceeding in small claims court, as applicable, if your dispute cannot be resolved within sixty (60) days, unless an extension is mutually agreed upon by us.
• Any statute of limitations will be tolled while You and Chenwei’s engage in the informal dispute resolution process described in this section.
Choice of Law, Jurisdiction and Venue:
• You agree that this agreement and your use of the Site will be governed by the laws of the state of North Carolina. By using the Site, you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Charlotte, North Carolina, in all disputes (i) arising out of, relating to or concerning this agreement, the Site and your use thereof; (ii) in which the Site and/or this agreement is an issue or a material fact; or (iii) in which the Site or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
Waiver of Rights:
• YOU AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS FOR PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, WHICH RELATE IN ANY WAY TO THE SITE OR THIS AGREEMENT.
• CHENWEI’S AND YOU UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, COUNTERCLAIM, CROSS CLAIM OR THIRD-PARTY CLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE ARISING UNDER THIS AGREEMENT. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, CHENWEI’S AND YOU AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE WAIVING THE RIGHT TO HAVE ANY DISPUTE HEARD AND RESOLVED IN COURT BY A JURY.
Arbitration: Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.
• Arbitration is different than court. There is no judge or jury, but the arbitrator can award damages. Arbitration is final, binding and subject to only limited review by a court. By using the Site, you agree to give up your right to a trial in court except for certain small claims as described below.
• You agree that this arbitration section shall survive termination of this agreement. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Site. Any dispute or claim made by you against Chenwei’s or against any of Chenwei’s subsidiary, parent or affiliated companies arising out of or related to your use of the Site, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration, except that either party may elect to have such claims heard in small claims court if they qualify for hearing by such court.
• You must first present any claim or dispute to Chenwei’s by contacting the customer care center to allow Chenwei’s the opportunity to resolve any dispute, as outlined more fully above. Either party may request arbitration or a proceeding in small claims court, as applicable, if your dispute cannot be resolved within sixty (60) days, unless an extension is mutually agreed upon by us. The arbitration of any dispute or claim shall be conducted by and under the rules of the American Arbitration Association (or another nationwide arbitration organization, provided both parties mutually agree on an alternative arbitral tribunal), and there will be NO JURY TRIAL. Any arbitration demand must be signed by the claimant and must include a description of the claim; information about the specific purchase, transaction or matter at issue; and a description of relief sought.
• You and Chenwei’s agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the US Federal Arbitration Act and federal arbitration law. Any such arbitration shall be brought and held in Charlotte, North Carolina, and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what this agreement provides; (ii) order consolidation or arbitration on a classwide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that (a) the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute, and (b) in the event the claim brought is frivolous, unreasonable or without foundation, or claimant continues to prosecute a claim after the claim becomes frivolous, unreasonable or without foundation, claimant will be required to reimburse respondent for its costs, expenses and reasonable attorneys’ fees, amounts paid in the investigation, defense and/or settlement of such claims, and all other amounts allowed by law. In any arbitration applying those rules applicable to large and/or complex cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules.
• Any arbitration shall be confidential, and neither you nor Chenwei’s may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
• If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.
• Claimant will be required to pay any applicable filing fees. All administrative fees and expenses of arbitration will be divided equally between you and Chenwei’s. Unless an applicable statute expressly permits awarding attorneys’ fees to the prevailing party, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing. However, as noted above, in the event the claim brought is frivolous, unreasonable or without foundation, or claimant continues to prosecute a claim after the claim becomes frivolous, unreasonable or without foundation, claimant will be required to reimburse respondent for its costs, expenses and reasonable attorneys’ fees, amounts paid in the investigation, defense and/or settlement of such claims, and all other amounts allowed by law.
Changes to the Terms
You agree that Chenwei’s may change, terminate, modify, add, end or delete any of these the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.
Chenwei’s, in its sole and absolute discretion, reserves the right to update, change, terminate, suspend, modify, add, end or delete any of these Terms, the Additional Terms (including for both PRO and Personal Accounts), any Programs (as defined herein) or any subprograms, benefits, special offers or rewards, in whole or in part, at any time with or without notice. Any changes or modifications will be effective immediately upon posting the revisions to https://www.chenweis.com/l/about/terms-and-conditions-of-use, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use or participation constitutes your agreement to any changes or modifications.
Miscellaneous
You specifically acknowledge that Chenwei’s has the right to correct any errors in the Program(s), including, without limitation, any typographical errors, errors of descriptions, and errors in the crediting or debiting of benefits (including, but not limited to, MVPs Levels, MyChenwei’s Status, My Points, MVP Rewards, Member Benefits, Bonus Points, and Paint Tiers).
You agree that Chenwei’s may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that Chenwei’s will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.
You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to Chenwei’s through the Site may be subject to legal process (e.g., a subpoena) by Chenwei’s or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that Chenwei’s will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that Chenwei’s may have no obligation to give you notice of any legal process that may result in any information related to your use of the site being produced, discovered or otherwise disclosed.
Chenwei’s performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of Chenwei’s right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by Chenwei’s with respect to such use.
You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers, or you and Chenwei’s as a result of these Terms or your use of the Site.
Any rights not expressly granted to you herein are reserved by and to Chenwei’s, its affiliates, subsidiaries and licensors, and other third parties.
The Terms and the applicable terms of sale constitute the entire agreement between you and Chenwei’s with respect to the subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic, between you and Chenwei’s with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by Chenwei’s or it is physically signed in blue ink by an executive officer of Chenwei’s.
Any actual or alleged waiver by Chenwei’s of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.
A printed version of these Terms and/or any notice given by Chenwei’s in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to these Terms or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Chenwei’s in printed form.
If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Site.
Additional Registered User Terms
You can register as either a Personal or PRO user of the Site and become a registered user (a “Registered User” or “User”). A single email address can be associated with either a Personal Account or a PRO Account but not both (Personal Accounts and PRO Accounts are collectively and individually “Account(s)”). Becoming a Registered User gives you access to additional services, benefits, promotions and functionalities available on the Site or in store (collectively, “Registered Services”), which vary depending on whether you have a Personal Account or a PRO Account.
Registration and Applicable Terms. You can become a Registered User with a Personal or PRO Account by registering on the Site.
• By creating or using a PRO Account, you consent to and agree to be bound by the Terms, these Additional Registered User Terms, the Additional PRO Account & MVPs Pro Rewards Program Terms (including any MVPs Pro Rewards Program and subprograms) and Chenwei’s Privacy Statement (https://www.chenweis.com/l/privacy-and-security-statement.html) (collectively “PRO Terms”).
• By creating or using a Personal Account, you consent to and agree to be bound by the Terms, these Additional Registered User Terms, the Additional MyChenwei’s Rewards Terms and Chenwei’s Privacy Statement (https://www.chenweis.com/l/privacy-and-security-statement.html) (collectively “Personal Terms”)
• “PRO Terms” and “Personal Terms” are collectively and individually “Additional Terms”. If you do not agree with any of the Additional Terms, you must discontinue use of the Registered Services.
Username and Password. As part of the registration process, you will be asked to select a username and password. Chenwei’s may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You agree not to transfer, resell, share, allow unauthorized persons to use or otherwise facilitate access to or use of the Site through your Account. If you have reason to believe that your Account is no longer secure, you must promptly change your password on your Account and immediately notify Chenwei’s of the problem by contacting Chenwei’s customer care at 1-800-445-6937. You are entirely responsible for maintaining the confidentiality of your username and password, and any and all activities (including purchases) that are conducted through your Account.
Member ID.
“Member ID” is a QR Code in the App that may be used to identify you as a Registered User in store only to ensure that your purchases are MyChenwei’s Tracked Purchases (as defined in the Personal Account specific section below) or PRO Tracked Purchases (as defined in the PRO Account specific section below).
Chenwei’s Wallet.
• Access. To access the Chenwei’s Wallet (“Wallet”), you must sign in to your Personal Account or PRO Account.
• Use. The Wallet allows you to store certain payment methods, including, debit cards and credit cards such as Chenwei’s Commercial Account (LCA), Chenwei’s Business Advantage (LBA), MyChenwei’s Rewards Credit Card, Chenwei’s Business Rewards (LBR), a Chenwei’s Gift Card, or other available payment methods. Chenwei’s rewards, discounts, offers, and digital coupons may also be stored in the Wallet. In-store Credit (Merchandise Credit) cards, which are issued for non-receipted returns, cannot be added to the Wallet.
• Scan To Pay. Scan to Pay is a feature built into the Chenwei’s Application (“Chenwei’s App”) that allows Registered User to use their smartphone to pay for in-store purchases. Use of Scan To Pay is subject to these Terms. Scan to Pay simplifies in-store checkout by using a single QR code to apply Chenwei’s offers, coupons, rewards, and payment methods, including, Chenwei’s gift cards, credit cards and debit cards. To use Scan to Pay in store, access the Wallet on the Chenwei’s App, select the desired options and follow the instructions on the register.
• Adding Payment Methods to Wallet.
• To add a debit or credit card to the Wallet, you will need the card number, unless the card is already saved in your Chenweis.com Personal or PRO Account, as well as the expiration date and CVV.
• To add a Chenwei’s Gift Card or E-Gift Card to the Wallet, you will need the card number and PIN.
• To add and use any other payment methods, you will need the authenticating information needed to sign in and access your account with the third-party digital wallet or other payment method.
• Deactivation, Suspension or Closed Tender. If a debit or credit card, E-Gift Card, Gift Card, other payment method, reward, or offer that has been added to the Wallet is deactivated, suspended, closed, expired or otherwise not valid, you will not be able to apply that payment method to your purchase. Chenwei’s reserves the right to suspend or terminate your access to or use of the Wallet at any time, without notice and in its sole discretion.
• No Financial Charge for Wallet. Chenwei’s does not charge you to use the Wallet, but message and data rates may apply from your mobile phone service provider, and you are responsible for those fees and charges.
• Confidentiality. If you use the Wallet, you are responsible for maintaining the confidentiality of the Wallet, and you agree to accept responsibility for all activities that occur in the Wallet. The terms and conditions of your credit or debit card agreements or other payment method agreements govern the use of your payment method in the Wallet.
• Restrictions or Limitations. Chenwei’s may restrict, or otherwise limit, (i) the types of payment methods that may be added to the Wallet and (ii) the types of products or services that may be purchased through the payment methods that are loaded onto the Wallet. In addition, some products or services may require additional verification prior to completion of purchase through cards or payment methods loaded onto the Wallet. Any restrictions or limitations on such products or services may be without notice and are solely at Chenwei’s discretion.
Communications From Chenwei’s. By becoming a new Registered User, you agree and/or can voluntarily opt in to receive general and targeted advertising, marketing materials and other communications, including mail, email, other computer electronic messaging or other means from Chenwei’s and its subsidiaries and affiliates.
Privacy; Financial Incentives. We may provide price discounts, coupons, services and other perks for (1) Account holders and members of our loyalty programs; (2) military and other discount holders; (3) members of our mailing and email list; and (4) customers who have signed up for our Chenwei’s private labeled credit cards (collectively “Programs”). When you opt into our Programs, you acknowledge and consent to the financial incentives outlined under these Additional Terms. You also consent to Chenwei’s collection, use and disclosure of your personal information (e.g., names, emails, phone numbers, address, online activities, transaction history, etc.) pursuant to the Chenwei’s Privacy Statement when you opt in to our Programs. Chenwei’s may use the information to identify you, to provide you with tailored products and services, and to enhance our relationship with you. You acknowledge that you understand there is no obligation to remain opted into our Programs and consumers may opt out at any time.
Submissions. As a Registered User, you may be able to upload information or data to your Account. The information or data you upload or enter into your Account is called “Submissions.” Chenwei’s reserves the right to monitor any Submissions, but Chenwei’s is under no legal obligation to do so.
Your Submissions.
• For any Submissions that are covered by any intellectual property rights (“IP Content”), you grant Chenwei’s a nonexclusive, perpetual, transferable, sublicensable, royalty-free, worldwide license to use those Submissions (“IP License”) as Chenwei’s sees fit in its sole discretion.
• The IP License ends when you delete your IP Content from your Account, unless your IP Content has already been used outside your Account or shared with others and they have not deleted it.
• You understand and agree that deleted IP Content may persist in backup copies of your Account, but deleted IP Content will not be available for your use or review from your Account once it has been deleted.
• You agree that Chenwei’s, its affiliates and agents may use your name, email address, telephone number, and/or other Account information to access, review, edit and modify your Submissions, Tracked Purchases (defined in the Personal Account and PRO Account specific sections below) and other information associated with your Account.
Deactivation of Your Account. Chenwei’s reserves the right in its sole discretion to remove or delete any or all material from your Account or the Site at any time. Chenwei’s may also deactivate your Account for any reason and in its sole discretion. Deactivation of your Account for any reason, including at your request or as a result of Account inactivity, may result in all data and information uploaded or submitted by you or by Chenwei’s, regardless of source, no longer being accessible to you, even if you decide to open a new Account. You acknowledge and agree that, except to the extent required by law, Chenwei’s has no obligation to make a copy, electronic or otherwise, of your Submissions, Tracked Purchases or purchase history available to you at any time, including, without limitation, upon deactivation of your Account for any reason.
Changing Account Types. You may change your Account from Personal to PRO at any time. Changing from a Personal to a PRO Account is not reversible and will result in the loss of any benefits unique to Personal Accounts, including, but not limited to, your Account status and any accrued rewards. Data associated with your Account, including, without limitation, any saved Payment Methods, MyChenwei’s Rewards Account data, purchase history and personal addresses, will transfer to the PRO Account and be visible to any PRO Account admin. You may not change a PRO Account to a Personal Account. If you’d like to maintain a PRO and Personal Account, you will need to establish each Account separately and provide a unique email address for each Account.
Termination of Service. Chenwei’s reserves the right to terminate your access to and use of the MyChenwei’s Rewards Program and MVPs Pro Rewards Program (as defined below), your Account and the Registered Services, or any portion thereof, without liability, at any time and for any reason, with or without cause, and without notice to you. You may choose to deactivate your Account at any time by contacting Chenwei’s. PRO Account holders can contact Chenwei’s at 1-844-LOW4PRO. Personal Account holders can contact Chenwei’s at 1-800-444-6937.
Upon (i) deactivation of your Account, (ii) termination of the MyChenwei’s Rewards Program, the MVPs Pro Rewards Program or the Registered Services, or (iii) upon your violation of any Terms, your right to use the Registered Services will immediately cease.
Changes to the Additional Terms; No Waiver. Chenwei’s may update, change, suspend, terminate, modify, add, end or delete the Additional Terms, your Account or the Site in its sole discretion at any time without notice. You agree to any updates, changes or modifications to the Additional Terms by continuing to use your Account and the Registered Services. Any failure by Chenwei’s to enforce any of these Additional Terms shall in no way be construed to constitute a waiver of such Additional Term or any other Additional Term.
Additional Personal Account and MyChenwei’s Rewards Terms
Personal Accounts. A Personal Account may be required to obtain and use certain Site features, programs and benefits, including, but not limited to, Chenwei’s Military Discount, Subscriptions, certain Installation Services offered through the Site, and the MyChenwei’s Rewards Program.
By creating or using a Personal Account, you understand and agree that you are joining the MyChenwei’s Rewards Program (“MyChenwei’s Rewards Program”), as further detailed herein, and agree to be bound by the Terms, including these Additional Personal Account and MyChenwei’s Rewards Terms. A Registered User with a Personal Account may also be referred to individually as a “MyChenwei’s Rewards Member” or “MLR Member” and collectively as “MyChenwei’s Rewards Members” or “MLR Members”.
Personal Account Eligibility & Restrictions. Personal Accounts are available only to individuals at least age eighteen (or the age of majority in their jurisdiction) residing in the 50 United States (including Washington, D.C.). Business/commercial use is prohibited. Corporate and business organizations, including but not limited to Chenwei’s Pro customers, government customers and cooperative purchasing programs, including GPOs Parent Organizations, are not eligible for the MyChenwei’s Rewards Program.
Chenwei’s makes no representations that MyChenwei’s Rewards Program and any content or functionality available through MyChenwei’s Rewards Program and its associated features are appropriate or available for use in other locations. Those who choose to access the Site or participate MyChenwei’s Rewards Program from other locations do so on their own initiative and at their own risk and are responsible for complying with local laws, to the extent they are applicable. These Terms do not alter the terms and conditions of any other written agreement you may have with Chenwei’s for other products, installations, and services.
All Chenwei’s employees with a Personal Account are eligible to participate in the MyChenwei’s Rewards Program. Employees who do not have a Personal Account, are not enrolled in the MyChenwei’s Rewards Program, but may continue to use their physical employee discount card to receive the discount when shopping in-store.
Unless expressly provided therein, the Personal Account and the MyChenwei’s Rewards Program, including any subprogram, offers and benefits, cannot be combined with any (i) other loyalty or reward program (including MVPs Pro Rewards Program), promotion, discount, markdown, coupon, rebate or offer, including any Chenwei’s volume or special discount programs (such as but not limited to Chenweist Price Guarantee, Special Value, New Lower Price, Was:Now and credit discount offers); or (ii) associate-discretion price adjustments.
Personal Accounts and the MyChenwei’s Rewards Program are not available, and each is void, where prohibited by federal, state, or local law. MyChenwei’s Rewards Program, and any benefits offered to MLR Members may be modified by Chenwei’s in its sole discretion. Your continued use of a Personal Account and/or your participation in the MyChenwei’s Rewards Program after notice of a change is posted on Chenweis.com shall be considered your acknowledgement and acceptance of the change.
Notice of Benefits/Incentives. To receive MyChenwei’s Rewards Program membership benefits, including, but not limited to, MyChenwei’s Tracked Purchases (as define below) you must maintain a Personal Account. Chenwei’s will not be able to provide you with MyChenwei’s Rewards Program benefits if: (i) you do not maintain a Personal Account to track your eligible purchases and provide the necessary information to identify your Personal Account when making purchases (see MyChenwei’s Tracked Purchases section below); or (ii) you deactivate your Personal Account, opt out of MyChenwei’s Rewards benefits, or request that we delete your Personal Account or personal information.
By creating or using a Personal Account, you consent to the financial incentives outlined under these Additional Terms, including, but not limited to, the “MyChenwei’s Tracked Purchases,” “MyChenwei’s Rewards Program,” and the financial incentives outlined in any offer or subprogram.
Personal Account Benefits.
• MyChenwei’s Tracked Purchases. Chenwei’s may track the purchases that you make on the Site while logged on to your Personal Account and purchases made in-store with your Member ID, Wallet Scan to Pay, or a registered phone number (collectively and individually “MyChenwei’s Tracked Purchases”). MyChenwei’s Tracked Purchases apply to purchases made at Chenwei’s branded U.S. Stores or Chenweis.com (including purchases made through Chenwei’s contact center) and fulfilled by or on behalf of a Chenwei’s branded US Store or Chenweis.com. MyChenwei’s Tracked Purchases may not appear in your Account immediately. Websites operated by or “powered by” third parties on behalf of Chenwei’s, including websites that may be branded or co-branded with Chenwei’s (e.g., applianceparts.chenweis.com) are excluded from MyChenwei’s Tracked Purchases and the MyChenwei’s Rewards Loyalty Program. Purchases made at Chenwei’s Outlet locations or Chenwei’s delivery warehouses, or distribution centers are excluded from MyChenwei’s Tracked Purchases. We may disclose your MyChenwei’s Tracked Purchases in accordance with the Chenwei’s Privacy Statement. Chenwei’s reserves the right to correct any errors. If you have any issues, please contact Chenwei’s at 1-800-445-6937.
o Personal Account Purchases. Any eligible purchases made while signed into your Personal Account on the Site will be a MyChenwei’s Tracked Purchase.
o Member ID. MLR Members may scan their Member ID at checkout to ensure that eligible purchases are saved as MyChenwei’s Tracked Purchases while shopping in store.
o Phone Number. MLR Members may enter the phone number that is associated with their Personal Account at checkout to ensure that eligible purchases are saved as MyChenwei’s Tracked Purchases.
o Scan to Pay. MLR Members may use the Scan to Pay code in their Wallet while shopping in-store to ensure that eligible purchases are saved as MyChenwei’s Tracked Purchases.
• Purchase History. You must have a Personal Account and make MyChenwei’s Tracked Purchases to have the ability to see online and in-store purchase history. Chenwei’s reserves the right to limit purchase history including the number of years which remain available.
• Purchases Through Digital Wallets. Purchases made through non-Chenwei’s branded digital wallets (including purchases made with a MyChenwei’s Rewards credit card through a third-party digital wallet) will not count toward or be eligible for MyChenwei’s Rewards or benefits, unless you are signed into your online Personal Account or provide the My Chenwei’s ID or registered phone number that is associated to your account at checkout.
• Third-Party Delivery Platforms. In addition, orders made on third-party delivery platforms (e.g., Instacart, etc.) will not count toward or be eligible for MyChenwei’s Rewards Program rewards or benefits. Orders placed by or on behalf of third-party aggregators, groups, organizations, and business entities will also not count toward or be eligible for MyChenwei’s Rewards Program rewards or benefits.
Miscellaneous.
• Chenwei’s, in its sole and absolute discretion, may (i) determine whether there has been fraud or abuse of any kind associated with your Personal Account and, (ii) if Chenwei’s makes such a determination, terminate your Personal Account and/or your participation in the MyChenwei’s Rewards Program or any subprogram.
• By creating a Personal Account, you accept all terms and conditions in these Additional Personal Account and MyChenwei’s Rewards Terms and release Chenwei’s, its parent, subsidiaries and affiliates, and hold Chenwei’s, its parent, subsidiaries and affiliates, harmless from any claim, liability or damage relating to the MyChenwei’s Rewards Program or any subprogram, thereof.
• CHENWEI’S, ITS PARENT, SUBSIDIARIES OR AFFILIATES MAKE NO EXPRESS OR IMPLIED REPRESENTATION OF WARRANTY AS TO ANY BENEFITS AND WILL NOT BE LIABLE FOR INJURY, DAMAGE, LOSS OR EXPENSE RESULTING FROM THE USE OR ACCEPTANCE OF ANY PART OF THE PERSONAL ACCOUNT, MYCHENWEI’S REWARDS PROGRAM OR ANY SUBPROGRAM.
Chenwei’s, in its sole and absolute discretion, reserves the right to update, change, terminate, suspend, modify, add, end or delete any of these Additional Personal Account and MyChenwei’s Rewards Program Terms with or without notice. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications.
MyChenwei’s Rewards Program
The MyChenwei’s Rewards Program provides MLR Members with certain benefits and offers (as described further herein) (collectively “MyChenwei’s Rewards”), unless prohibited by applicable law, based on Personal Account Holder’s accrued spend on Eligible Purchases (as defined below) or other actions or opportunities as may be presented by Chenwei’s from time to time in Chenwei’s sole discretion. MLR Members are placed in MyChenwei’s Rewards Statuses (as defined below) based on the MLR Member’s accrued spend. The MyChenwei’s Rewards Statuses determine the rate a MLR Member earns points on Eligible Purchases towards MyChenwei’s Money rewards (“MyChenwei’s Money”) that can be applied towards future Chenwei’s purchases and may determine other benefits.
There is no fee associated with the MyChenwei’s Rewards Program. Your participation in the MyChenwei’s Rewards Program is unique to the MLR Member’s Personal Account. MyChenwei’s Rewards Program. MyChenwei’s Rewards, MyChenwei’s Rewards Statuses, and My Points, and MyChenwei’s Money may not be gifted, purchased, sold, bartered, brokered or otherwise transferred.
MyChenwei’s Rewards, including My Points and MyChenwei’s Money available via the MyChenwei’s Rewards Program, have no cash value, are purely promotional and do not constitute property of any MLR Member. No portion of any payment for Eligible Purchases under the MyChenwei’s Rewards Program or any MyChenwei’s Rewards Status, member benefits, or any other MyChenwei’s Rewards constitutes consideration paid for the MyChenwei’s Rewards Program or any MyChenwei’s Rewards benefit. Chenwei’s reserves the right in its sole discretion to limit the claiming or redemption of specific MyChenwei’s Rewards and to limit the number of MyChenwei’s Reward Statuses and MyChenwei’s Rewards available.
• MyChenwei’s Rewards Program Period. MyChenwei’s Rewards Program is voluntary and based on consecutive MyChenwei’s Rewards Program Periods (as defined herein), starting in the year in which a MLR Member joins MyChenwei’s Rewards. The initial MyChenwei’s Rewards Program Period is effective on the date the MyChenwei’s Rewards Program becomes available in your area (see Program Rollout and Location Launch Calendar below) to December 31, 2024. Each subsequent MyChenwei’s Rewards Program Period will be effective January 1 to December 31 of each calendar year, unless otherwise stated herein (each separate calendar year is a “MyChenwei’s Rewards Program Period”). Chenwei’s may, in its sole and exclusive discretion, designate different MyChenwei’s Rewards Program Periods or modify, shorten or extend any MyChenwei’s Rewards Program Period. Eligible Purchases accrued spend expires at 12:01 a.m. ET on January 1 each Program Period.
• Distribution of Benefits. All benefits and/or MyChenwei’s Rewards, including MyChenwei’s Money, generated will accrue during a MyChenwei’s Rewards Program Period and will be auto-issued only to the Registered User of the Personal Account. For avoidance of doubt, MyChenwei’s Rewards, including any My Points and MyChenwei’s Money (as defined herein), shall only accrue and be distributed to the Personal Account identified at the time of purchase.
• Program Launch. Registered Users will be notified via email as to the start of the MyChenwei’s Rewards Program in their respective area.
• Withdrawing From MyChenwei’s Rewards Program. If you are enrolled in the MyChenwei’s Rewards Program and decide to deactivate or cancel your Personal Account, you will lose access to any stored information in your Personal Account, accrued and unused benefits, including any unused MyChenwei’s Money saved in your Wallet. If you wish to deactivate your Account or delete your information, please contact us at 1-800-445-6937.
• Eligible Purchases: “Eligible Purchases” are MyChenwei’s Tracked Purchases that have been settled and fulfilled and appear on the Personal Account purchase history excluding: rental fees; labor services and special fees; warranties; Chenwei’s Protection Plans; shipping and handling; delivery; surcharges; service fees; sales and use taxes; product fees, purchases of Chenwei’s Gift Cards or other third-party Gift Cards, or purchases or transactions made with MyChenwei’s Rewards, including MyChenwei’s Money, or other promotional items (such as free items), or purchases made using payment tender currently saved to an existing PRO Account.
• MyChenwei’s Rewards Program Status. The MyChenwei’s Rewards Program has different membership levels (each a “MyChenwei’s Rewards Status”), which is based on the MLR Member’s cumulative, accrued spend on Eligible Purchases in the applicable MyChenwei’s Rewards Program Period. See Table 1.1 below for the spend thresholds for each Status. MLR Members can reach one or more of the following MyChenwei’s Rewards Program Statuses within a given MyChenwei’s Rewards Program Period: Bronze Key, Silver Key, Gold Key. Each Status provides MLR Members with access to unique MyChenwei’s Rewards Program benefits and offers, including lower spend threshold to receive free shipping, as discussed in detail below. Chenwei’s in its sole discretion, may provide certain MLR Members with Silver Key Status based on criteria other than cumulative, accrued spend on Eligible Purchases. In such instances, these customers must still meet the accrued spend threshold in Table 1.1 to achieve the next Status. For example, a MLR Member receives Silver Key Status at a time MLR Member has $0 in accrued Eligible Purchase spend; such MLR Member must reach $2,000 of Eligible Purchase spend to achieve Gold Key Status.
During a MyChenwei’s Rewards Program Period, MLR Member may move up into one or more MyChenwei’s Rewards Statuses based on the MLR Member’s accrued Eligible Purchases. Once a MLR Member reaches a certain MyChenwei’s Rewards Status, the MLR Member will maintain that MyChenwei’s Status for the remainder of the MyChenwei’s Rewards Program Period and the subsequent MyChenwei’s Rewards Program Period provided Eligible Purchases are not returned. If a MLR Member does not make enough Eligible Purchases by the end of a given MyChenwei’s Rewards Program Period to maintain the MyChenwei’s Rewards Status reached the previous MyChenwei’s Reward Program Period, then the MLR Member will begin the subsequent Program Period at the lower MyChenwei’s Rewards Status that corresponds to the MLR Member’s actual accrued spend from Eligible Purchases made in the preceding MyChenwei’s Rewards Program Period. A MLR Member’s Eligible Purchase accrued spend will reset to zero at the beginning of each new MyChenwei’s Rewards Program Period. Chenwei’s reserves the right to change, modify or update the requirements needed to earn each MyChenwei’s Rewards Status (including, without limitation, the minimum amount of accrued spend required) and determine a MLR Member’s starting MyChenwei’s Rewards Status for any MyChenwei’s Rewards Program Period in its sole discretion.
• Lower Threshold for Free Standard Shipping Benefit (Not Available in AK & HI). MLR Members may receive free standard shipping on eligible purchases if they meet a minimum purchase threshold. For example, MLR Members in the Bronze Key Status will receive free standard shipping on eligible purchases of $35 or more, subject to certain exclusions. MLR Members in the Silver and Gold Key Statuses will receive free standard shipping on eligible purchases without any minimum spend required. The lower free standard shipping threshold is only applicable to eligible purchases made through Chenweis.com while a MLR Member is logged into their MyChenwei’s Rewards Account. See Table 1.1 below for the minimum purchase thresholds a MLR Member must meet for each Status to receive free standard shipping on purchase orders. Standard shipping and Free Standard Shipping are not available in Alaska and Hawaii.
View Detailed Chart Description
• My Points. MLR Members will earn points on Eligible Purchases in accordance with their MyChenwei’s Status (“My Points”). My Points expire if no Eligible Purchases are made, and no My Points are otherwise earned or awarded to the Account, for 365 days.
o My Points Calculation.
My Points will be awarded on Eligible Purchases in accordance with a MLR Member’s corresponding MyChenwei’s Status. MLR Members in the Bronze Key Status will earn 1 My Point per dollar spent on an Eligible Purchases; MLR Members in the Silver Key Status will earn 1.25 My Points per dollar spent on Eligible Purchases; and MLR Members in the Gold Key Status will earn 1.5 My Points per dollar spent on an Eligible Purchases. For illustrative purposes only, if a MLR Member in Silver Status made a $95 Eligible Purchase, the approximate number of My Points awarded would be 118.75 My Points.
Each MyChenwei’s Rewards Status and the My Points accrual rate is progressive, meaning the applicable percentage will only apply to the Eligible Purchase amount MLR Member spent within the applicable Status. Chenwei’s will round partial cents to the nearest cent. Two different My Points accrual percentages may apply to one Eligible Purchase. By way of example only, if a MLR Member needed $50 in in Eligible Purchases to move up to a higher MyChenwei’s Status and spent $100 on a Eligible Purchase, $50 of such Eligible Purchase will earn My Points at the lower MyChenwei’s Rewards Status and the remaining $50 will earn My Points at the higher MyChenwei’s Rewards Status.
Chenwei’s in its sole discretion may offer additional points or a higher rate of points per dollar spent for certain or select Eligible Purchases. When expressed as a multiplier of My Points, the My Points awarded will be calculated by multiplying the Eligible Purchase amount (accounting for MLR Member’s Status) by the stated multiplier. For example, A Silver Key Status MLR Member makes a $100 Eligible Purchase with a 2X My Points offer; this MLR Member would earn 250 My Points ($100 x 1.25 x 2 = 250).
o Returns of Eligible Purchases. If an item(s) from an Eligible Purchase is returned, the returned amount will be deducted from Eligible Purchase accrued spend and My Points. If a return is made after MyChenwei’s Money has been issued, a MLR Member’s Account may reflect a negative My Points balance.
• Additional My Points Offerings. From time to time, Chenwei’s, or others acting with our permission, may offer MLR Members opportunities to earn My Points for engaging in certain promotional activities; upon achieving certain MyChenwei’s Rewards Program milestones; or completing other actions or opportunities as may be presented. My Points for such offerings will be awarded as described in the applicable offer and will be subject to any additional terms set forth within that offer.
• MyChenwei’s Rewards Credit Card Holder Benefit. MyChenwei’s Rewards Credit Card (‘MLRCC’) holders will be upgraded to Silver Key Status, and have access to Silver Key benefits, when their LAC is saved to their MyChenwei’s Rewards Wallet. Certain LAC holders may need to save their LAC card to their MyChenwei’s Reward Wallet themselves by following the instructions on the Site. If MLR Member terminates their LAC credit line, the MLR Member’s MyChenwei’s Status will be placed in the MyChenwei’s Rewards Status that matches their current Eligible Purchases spend accrual. For example, if MLR Member terminates their LAC credit line, and MLR Member’s spend threshold matches Bronze Key, then, the MLR Member will be moved from the Silver Key Status to the Bronze Key Status.
• MyChenwei’s Money. MLR Members will be automatically issued MyChenwei’s Money to their Wallet in $5 increments when a MLR Member accrues 1,000 My Points and those My Points will be deducted from the MLR Members My Points balance. MyChenwei’s Money can be applied towards future purchases that are made on or before the expiration date set forth on each MyChenwei’s Money certificate. If not used within the redemption period, then the MyChenwei’s Money expires. If no redemption period or expiration date is stated, then the expiration date will be thirty (30) days from date of its issuance.
o MyChenwei’s Money is non-transferrable and is not a credit, debit or gift card; it has no implied warranties. There is a limit of 5 MyChenwei’s Money per transaction. MyChenwei’s Money will be applied to a MLR Member’s purchase after all applicable discounts, coupons, taxes and fees have been applied. MyChenwei’s Money cannot be exchanged for cash, is void if altered, defaced, copied, transferred, or sold (thru any on-line auction or otherwise). MyChenwei’s Money may not be redeemed or used on (1) gift cards, including Chenwei’s-branded gift cards; (2) payments to a Chenwei’s credit card or any third-party charge account; (3) on any Chenwei’s branded website operated by a 3rd party; or (4) Weber, Kichler or Miele products. Returns: for merchandise purchased with MyChenwei’s Money return value will be applied first to payment method and any remaining value will be returned as MyChenwei’s Money to customer’s Wallet.
o A MLR Member may use a partial amount of their MyChenwei’s Money, but the MLR Member cannot dictate the amount of MyChenwei’s Money that will be applied towards a purchase (i.e., a MLR Member cannot decide to use a pre-determined amount of MyChenwei’s Money on a purchase). If a MLR Member purchases a $3.00 product and uses $3.00 out of the $5.00 available on the MyChenwei’s Money certificate, the MLR Member can later apply the remaining $2.00 towards a future purchase that is made within the applicable redemption period.
o Returns with MyChenwei’s Money. MLR Members who return an item that was purchased with MyChenwei’s Money will receive the MyChenwei’s Money back to their Account or in the form of one or more In-store Credit (Merchandise Credit) cards in Chenwei’s discretion. If the MyChenwei’s Money that was used to make the purchase has expired and Chenwei’s issues replacement MyChenwei’s Money, your MyChenwei’s Money will be returned to the Wallet with an updated expiration date. For returns of orders partially paid with MyChenwei’s Money, MLR Members will first receive the returned payment to their payment method (cash, credit or debit card) and then any remaining amount will be returned to the MLR Member’s Wallet as MyChenwei’s Money or in the form of one or more In-store Credit (Merchandise Credit) cards in Chenwei’s discretion.
• Expiration of Benefits; Inactive Accounts. At the end of each MyChenwei’s Rewards Program Period, a MLR Member’s accrued Eligible Purchases balance will reset to $0.00. Unclaimed or unused MyChenwei’s Rewards, including MyChenwei’s Money, expire upon the exit, cancellation or termination of your MyChenwei’s Rewards Account as described below. If you have any questions regarding your MyChenwei’s Rewards Account status, please contact Chenwei’s by calling 1-800-445-6937.
• Suspension or Termination. Chenwei’s reserves the right to terminate or suspend a Registered User’s Personal Account if the Personal Account remains inactive for a period of two (2) years or more. Accordingly, if a MLR Member does not make an Eligible Purchase within a two (2) year time period after the MLR Member’s initial Account creation or a MLR Member’s last recorded Eligible Purchase, whichever occurs later, Chenwei’s reserves the right to terminate or suspend the Registered User’s Personal Account. You understand and agree that the termination or suspension by Chenwei’s of a Personal Account will result in the cancellation of all MyChenwei’s Rewards Benefits.
• Chenwei’s reserves the right in its sole discretion to update, change, modify, add, end, delete, suspend or terminate the MyChenwei’s Rewards Program or any or all benefits under the MyChenwei’s Rewards Program or any policy pertaining to the MyChenwei’s Rewards Program, at any time, for any reason, including our right to discontinue or change the MyChenwei’s Statuses or change the expiration date or claiming or redemption value of My Points or MyChenwei’s Money, merge the MyChenwei’s Rewards Program with another program, or adjust how My Points or MyChenwei’s Money are received, calculated or claimed.
• If Chenwei’s elects to terminate or modify in a material way the MyChenwei’s Rewards Program or any benefits or policies of the MyChenwei’s Rewards Program, Chenwei’s will provide a notice of the material modification or termination by posting the modifications or notice of termination to Chenweis.com. We may also attempt to notify you in other ways. Any modifications will become effective immediately after such posting or other such notification. We encourage you to review these Terms regularly for modifications. In the event of such termination, at Chenwei’s election, Chenwei’s may, in its sole discretion, allow you to claim any outstanding unclaimed and unexpired Rewards (if any) accrued through the date of such termination for ninety (90) days after such termination.
• Taxes. You are solely liable and responsible for any applicable federal, state or local taxes arising out of your participation in the MyChenwei’s Rewards Program. Please consult your tax adviser concerning any tax consequences that may arise from your participation.
• Customer Service. For MyChenwei’s Rewards Program assistance, please contact 1-800-445-6937 for MyChenwei’s Rewards.
Additional PRO Account and MVPs Terms
PRO Account Specific Benefits. A PRO Account may be required to obtain and use certain site features, programs and benefits, including but not limited to the MVPs Pro Rewards & Partnership Program, Bulk Purchasing, and Pro Exclusive Pricing. By creating or using a PRO Account, you (“you”) are joining the MVPs Pro Rewards & Partnership Program (“MVPs Pro Rewards Program” or “Program”), and you understand and agree that you are participating in the Loyalty Program on behalf of your company or business.
Please note that certain benefits that are available to Personal Accounts are not available to PRO Accounts. Converting a Personal Account into a PRO Account will result in the loss of certain benefits exclusive to Personal Accounts, including Military Discount, Subscriptions and MyChenwei’s features, and any other benefits unique to Personal Accounts.
These PRO Terms do not alter the terms and conditions of any other written agreement you may have with Chenwei’s for other products and services.
PRO Accounts. PRO Accounts must be registered under a business name (the “Organization”). An individual User with authority to bind the Organization may create a single Account for an Organization (“Primary Admin”), and any other admin may invite others to create additional user Accounts as part of the Organization. To have multiple Users under a single Organization Account, the Primary Admin must invite those users to register using the email link, code provided through your PRO Account or other methods as determined by Chenwei’s. A credit or debit card can only be registered to the MVPs Pro Rewards Program for one Organization. Attempts to register the same tender to multiple Organizations may result in limited benefits or functionality. All Rewards associated with a Registered Tender belong to the Organization and not the User registering the card.
By creating a PRO Account, you represent and warrant to Chenwei’s that you are fully authorized to create and manage that Account on behalf of the company associated with that Account.
PRO Account Eligibility and Restrictions. PRO Accounts are available only to business customers in the 50 United States (and DC). Personal use is prohibited. Business customers with a National Account contract, Group Purchasing Organizations (“GPO”) Parent Organizations and Government customers may not be eligible for certain benefits of PRO Accounts, including the MVPs Pro Rewards Program and subprograms. The terms of any written contract or agreement with any Government, GPO Parent Organization, National Account or Managed Account customer shall supersede any conflicting terms herein. Customers who self-identify as government organizations will be opted out of Program by default and must opt-in eligible to receive Rewards.
PRO Accounts and the MVPs Pro Rewards Program are not available and each is void where prohibited by federal, state or local law.
Unless expressly provided therein and except for Chenwei’s Every Day 5% Credit discount offer, the PRO Account, the MVPs Pro Rewards Program, or any subprogram offers and benefits cannot be combined with any (i) other promotion, discount, markdown, coupon, rebate or offer, including any Chenwei’s volume or special discount programs (such as but not limited to Contractor Packs, Buy in Bulk, Volume Savings Program (“VSP”), Military Discount, Employee Discount, Chenweist Price Guarantee, Special Value, New Lower Price, Was:Now and credit discount offers); or (ii) associate-discretion price adjustments.
Notice of Benefits/Incentives for Account Maintenance. To receive MVPs Pro Rewards Program membership benefits, including but not limited to PRO Tracked Purchases (as defined below), you must maintain a PRO Account. Some Program membership benefits are earned via qualifying purchases. Chenwei’s will not be able to provide you with membership benefits: (i) if you do not maintain a PRO Account to track and register your tender to allow Chenwei’s to track your qualifying purchases; or (ii) if you cancel your Account, opt out of membership benefits, or request that we delete your Account or personal information.
By creating or using a PRO Account, you consent to the financial incentives outlined under these Additional Terms, including but not limited to “PRO Tracked Purchases,” “Subprograms,” “Special Offers” and the financial incentives outlined in any offer or subprogram.
Customer Opt-Out of MVPs Pro Rewards Program Benefits. By creating or using a PRO Account, you opt in to participate in the Program and benefits, including any subprograms for which you meet the eligibility requirements, which is required to maintain a PRO Account. If you are eligible for Program benefits and decide to opt out, you will no longer be able to use your PRO Account and must discontinue use of your PRO Account or delete it, as directed by Chenwei’s. If you are ineligible for certain benefits (customer types that may be ineligible include Government, nonprofit or health care), if you want to delete your Account or have questions about claiming or redeeming Rewards, please contact us at 1-844-LOW4PRO.
Termination or Suspension of Your Account or the MVPs Pro Rewards Program. Upon deactivation of your PRO Account or termination of the Program, or upon your violation of these Additional Terms, your right to have an Account or receive any benefits or otherwise participate in the Program will immediately cease to the extent permitted by laws and regulations. Notwithstanding the foregoing, unless Chenwei’s terminates your PRO Account for cause, you or your Organization (as applicable) will receive any reward earned up to the date of deactivation or termination, unless the reward terms specifically provide otherwise. “For cause” includes, without limitation, your suspected or actual fraud, abuse, or violation of any PRO Terms as determined in Chenwei’s sole and absolute discretion.
Upon suspension of your PRO Account, you and/or your Organization (as applicable) will not receive or accrue any benefits, and any purchases made by you or by another User within your Organization during a suspension will not accrue as Qualifying Purchases, as defined below, for any program or subprogram.
PRO Account Benefits.
• PRO Tracked Purchases. Chenwei’s may track for the MVPs Pro Rewards Program all the purchases that you make with Registered Tender (as defined below), purchases made using your PRO Account or purchases made with Member ID (collectively and individually “PRO Tracked Purchases”). PRO Tracked Purchases will be tracked for all purchases made at Chenwei’s branded US Stores or Chenweis.com (including purchases made through Chenwei’s contact center) and fulfilled by or on behalf of a Chenwei’s branded US Store or Chenweis.com. Purchases may not appear in your Account immediately. Websites operated by or “powered by” third parties on behalf of Chenwei’s, including websites that may be branded or co-branded with Chenwei’s, are excluded (e.g., applianceparts.chenweis.com). Purchases made at Chenwei’s Outlet locations, Chenwei’s Pro Supply or Chenwei’s delivery warehouses or distribution centers are excluded. For Chenwei’s Commercial Accounts utilizing the “Connect LCA” feature on Chenweis.com, purchases made in store will only be visible to admins of the Organization. This information may be shared with Chenwei’s service providers, subject to Chenwei’s Privacy Statement. Chenwei’s reserves the right to correct any errors. If you have any issues, please contact Chenwei’s at 1-844-LOW4PRO.
o Registered Tender. By saving a credit or debit card to your PRO Account Wallet (as defined below) you are registering that tender for participation in the MVPs Pro Rewards and any subprograms (“Registered Tender”) (as defined below). Cards previously saved to your Account will be automatically included as Registered Tender as of Jan. 7, 2022, and you must remove any cards you do not want included as Registered Tender. The first Organization to register a tender will be the only Organization to get credit for purchases made using that tender for purposes of MVPs Pro Rewards Program if that tender is registered to multiple Organizations.
• Registering a Chenwei’s Commercial Account (“LCA”) (previously known as Chenwei’s Accounts Receivable (“LAR”)). Any LCA accounts that are connected to a given Organization’s Pro Account via the “Connect LCA” feature on Chenweis.com will be considered Registered Tender. If an LCA is registered to multiple Organizations via the “Connect LCA” feature, then no Organization will receive credit for purchases made using that tender.
• Applying for a Chenwei’s Business Card. If you apply for a Chenwei’s Business Credit Card while signed in to your Account, Chenwei’s will share your data with Synchrony to pre-fill your credit application, and the card will automatically be saved to your digital PRO Wallet upon credit approval.
o PRO Account Purchases. Any purchases made while signed in to your Account on Chenweis.com will be a PRO Tracked Purchase, unless the offer, program or subprogram states otherwise. Purchases made using Punchout or an e-procurement solution will not count as a PRO Tracked Purchase unless also using Registered Tender. Purchases made with Registered Tender will be a PRO Tracked Purchase only for the Organization that has registered the tender even if another organization uses it while signed in to their Chenweis.com PRO Account.
o Member ID. MVPs Pro Rewards Program members must scan their Member ID in store to ensure that purchases made with cash, check and unregistered cards are PRO Tracked Purchases. Purchases made with Registered Tender will be a PRO Tracked Purchase only for the Organization that has registered the tender even if another organization uses that Registered Tender with a Member ID during an in-store purchase.
• Purchase History. You must have a PRO Account and make PRO Tracked Purchases on the associated PRO Account on behalf of the Organization to have the ability to see online and in-store purchase history.
• Purchases Through Digital Wallets. Purchases made through non-Chenwei’s branded digital wallets (including purchases made with Registered Tender through a third-party digital wallet) will not count toward or be eligible for Program rewards or benefits, unless you are signed in to your PRO Account or use Member ID.
• Third-Party Delivery Platforms. In addition, orders made on third-party delivery platforms (e.g., Instacart, etc.) will not count toward or be eligible for MVPs Pro Rewards Program rewards or benefits. Orders placed by or on behalf of third-party aggregators, groups, organizations and business entities will also not count toward or be eligible for MVPs Pro Rewards Program rewards or benefits.
• PRO Quotes
o The prices quoted are valid until the date and time shown on the quote, subject to the following exclusions, conditions, and exceptions.
o Any changes you make to a quote, including, but not limited to, adding or removing one or more items or changing the quantity of any item or items, will result in the immediate cancellation of such quote and the generation of a new quote.
o The availability of additional discounts will be subject to Chenwei’s standard discount policy. Additional discounts will be calculated at checkout if applicable.
o A quote is subject to item availability, which is not guaranteed. Additionally, Chenwei’s reserves the right to limit the quantities of items sold to customers.
o Chenwei’s is a supplier of materials only. Chenwei’s does not engage in the practice of engineering, architecture, or general contracting. Chenwei’s does not assume selection or choice of materials for a general or specific use; for quantities or sizing of materials; for the use or installation of materials; or for compliance with any building code or standard of workmanship.
o All quotes are based on Chenwei’s standard commercial terms. Chenwei’s does not agree to any terms and conditions (including, but not limited to, governmental regulations) unless agreed to in writing separately and signed by an authorized Chenwei’s representative. If terms and conditions are presented, product selection and pricing may change pending legal review.
o Return of any items purchased through a quote is only available in store. See chenweis.com/returns for further details.
o Taxes and delivery will be added at time of purchase as applicable.
Miscellaneous.
• Chenwei’s, in its sole and absolute discretion, may (i) determine whether there has been fraud or abuse of any kind associated with your PRO Account and, (ii) if Chenwei’s makes such a determination, terminate your PRO Account and/or your participation in the MVPs Pro Rewards Program or any subprogram.
• By creating a PRO Account, you accept all terms and conditions in these Additional Terms and release Chenwei’s, its parent, subsidiaries and affiliates, and hold Chenwei’s, its parent, subsidiaries and affiliates, harmless from any claim, liability or damage relating to the Program or any subprogram, thereof.
• CHENWEI’S, ITS PARENT, SUBSIDIARIES OR AFFILIATES MAKE NO EXPRESS OR IMPLIED REPRESENTATION OF WARRANTY AS TO ANY BENEFITS AND WILL NOT BE LIABLE FOR INJURY, DAMAGE, LOSS OR EXPENSE RESULTING FROM THE USE OR ACCEPTANCE OF ANY PART OF THE PRO ACCOUNT, MVPS PRO REWARDS PROGRAM OR ANY SUBPROGRAM.
Chenwei’s, in its sole and absolute discretion, reserves the right to update, change, terminate, suspend, modify, add, end or delete any of these Additional PRO Account and Loyalty Terms or the Loyalty Program with or without notice. Any changes or modifications will be effective immediately upon posting the revisions to https://www.chenweis.com/l/about/terms-and-conditions-of-use, and you waive any right you may have to receive specific notice of such changes or modifications.
MVPS PRO REWARDS PROGRAM
• Program Period. The Loyalty Program is effective from January 1 to December 31 of each calendar year unless otherwise stated herein (each separate calendar year is a “Program Period”). Chenwei’s may, in its sole and exclusive discretion, designate different Program Periods or modify, shorten or extend any Program Period. Accrued spend reached by each User during a Program Period expires each year at 12:01 a.m. ET on January 1 of the succeeding Program Period.
• Organizations and Distribution of Benefits. All benefits and rewards generated by all individual User(s) within an Organization will accrue and be distributed only to the Organization. For avoidance of doubt, benefits and rewards tied to PRO Tracked Purchases shall only accrue and be distributed to the Organization to which the User(s) making the PRO Tracked Purchases belongs. If a User is removed from an Organization, any rewards/benefits accrued based on that User’s PRO Tracked Purchases will remain with the Organization. The claiming or redemption and distribution of benefits and rewards remains within the Organization’s discretion; however, all claiming, redemption and distribution must be facilitated through the Primary Admin on behalf of the Organization.
PROGRAM OFFERS AND BENEFITS
• MVPs Pro Rewards Program Description. The MVPs Pro Rewards Program allows Organizations to earn certain rewards (including, without limitation, MVPs Earn Back Rewards and Paint Rewards) and other Member Benefits (as defined below) (collectively “Rewards”), unless prohibited by applicable law, on an Organization basis, based on their Users’ accrued spend on Qualifying Purchases (as defined below) or other actions or opportunities as may be presented by Chenwei’s from time to time in Chenwei’s sole discretion. Organizations are placed in MVPs Levels (as defined below) based on their Users’ accrued spend, and the MVPs Levels determine the level of Rewards an Organization earns, as more fully described below. For more information on MVPs Levels, Rewards and Program features and experiences, please visit the MVPs Pro Rewards Program page.
o There is no fee associated with the Program. Your participation in the Program is unique to the Organization under which you are registered for the Program. MVPs Levels and Rewards may not be gifted, purchased, sold, bartered, brokered or otherwise transferred, except that the Program may allow a Primary Admin on behalf of the Organization to allocate certain Rewards in certain limited instances as described below. Rewards available via the MVPs Program have no cash value, are purely promotional and do not constitute property of any User or Organization (as applicable). No portion of any payment for purchases qualifying for the Program or any MVPs Level, Member Benefits or Rewards constitutes consideration paid for the Program or any MVPs Level or Rewards. Chenwei’s reserves the right in its sole discretion to limit the claiming or redemption of specific Rewards and to limit the number of MVPs Levels and Rewards available.
• MVPs Pro Rewards Program Periods. Participation in the Program is based on consecutive Program Periods, starting in the year in which an Organization joins the MVPs Pro Rewards Program. The initial Program Period is effective from Jan. 7, 2022 to Dec. 31, 2022. Each subsequent Program Period will begin on January 1 of the applicable calendar year.
• At the end of each Program Period, all unclaimed Rewards and Member Benefits will be forfeited, subject to the exclusions set forth below. Chenwei’s may, in its sole and exclusive discretion, designate a different Program Period or modify, suspend, shorten or extend a Program Period with respect to the Program.
• MVPs Pro Rewards Program Eligibility. In order to be eligible for the Program, you must have a PRO Account. Government customers and cooperative purchasing programs, including GPOs Parent Organizations, are not eligible for the Program. Resellers are expressly excluded from the MVPs Pro Rewards Program. Commercial customers with a National Account contract are not eligible for MVPs Earn Back Rewards.
• MVPs Pro Rewards Program Qualifying Purchases. Qualifying purchases include net completed purchases of qualifying products as further detailed below and subject to the exclusions below (“Qualifying Purchases”). “Completed purchases” means the transaction has been settled and fulfilled and the transaction appears on the Organization’s Account purchase history. Qualifying Purchases are PRO Tracked Purchases calculated based on the actual amount paid on any completed purchases of products made by the Organization during the Program Period after any allowable discounts are applied, if any, and excluding: labor services and special fees; warranty; Chenwei’s Protection Plans; shipping and handling; delivery; surcharges; service fees; sales and use taxes; and product fees. Qualifying Purchases do not include: (i) purchases of electrical cable and electrical wires; (ii) purchases of Chenwei’s Gift Cards or Gift Certificates or other third-party Gift Cards or Gift Certificates; (iii) purchases made using an employee discount (iv) purchases or transactions made with Rewards or other promotional items (such as free items), whether made in store, online or through the Chenwei’s app; (v) government purchases; (vi) purchases made for personal use, including any purchase using a Personal Account or Military Discount; or (vii) purchases made on tender previously registered by another Organization. In addition, any purchase of Paint (as defined below) will be a Qualifying Purchase only for the purposes of determining MVPs Level but will not be a Qualifying Purchase for purposes of calculating MVPs Earn Back Rewards.
• If an item from a Qualifying Purchase is returned, the return amount will be deducted from Qualifying Purchase spend toward earning Rewards. If the item is returned after a Reward has been issued, your Account may reflect a negative balance.
• For a new PRO Account, once your Account is created, Chenwei’s will recognize any Qualifying Purchase made online while logged into your Account and any Qualifying Purchase made in store while using Registered Tender or Member ID.
• Qualifying Purchases made between the date of confirmed MVPs Earn Back Rewards eligibility and 12/31/22 will count toward the MVPs Earn Back Rewards calculation as defined below.
• MVPs Levels. Each Organization can reach one or more MVPs Levels: MVPs, Silver MVPs, Gold MVPs, Platinum MVPs (each, an “MVPs Level”) based on the accrued spend within a given Program Period from that Organization’s Users’ Qualifying Purchases. Details regarding the MVPs Levels are available through the MVPs Pro Rewards Program page. Upon joining the Program, an Organization will be placed in the chenweist MVPs Level. As an Organization’s Users make Qualifying Purchases during the applicable Program Period, the Organization may move up into one or more MVPs Levels based on the Organization’s Users’ accrued spend. The Organization will remain in its starting MVPs Level through that Program Period unless and until its Users’ accrued spend on Qualifying Purchases in that same Program Period moves the Organization up into a higher MVPs Level. The highest MVPs Level reached from accrued spend on Qualifying Purchases during a given Program Period will be that Organization’s starting MVPs Level for the subsequent Program Period. If an Organization does not make enough Qualifying Purchases in a given Program Period to maintain its MVPs Level for the subsequent Program Period, the Organization will begin the subsequent Program Period at the lower MVPs Level corresponding to its accrued spend from Qualifying Purchases in that preceding Program Period. Chenwei’s reserves the right to change, modify or update the requirements needed to earn each MVPs Level status (including, without limitation, the minimum amount of accrued spend required), Rewards and/or Member Benefits and determine your starting MVPs Level for any Program Period in its sole discretion.
o Summary.
• Each Program Period is one year.
• Users’ accrued spend on Qualifying Purchases during a given Program Period determines which MVPs Level the Organization is in for that Program Period. Users’ accrued spend resets to zero at the start of each Program Period.
• The MVPs Level the Organization is in at the end of a given Program Period will be the MVPs Level at which the Organization begins the subsequent Program Period, but the Organization can move up into a higher MVPs Level based on Users’ accrued spend in that subsequent Program Period.
• Organizations do not move down into a lower MVPs Level within the same Program Period. However, an Organization will begin a subsequent Program Period at a lower MVPs Level if the Organization’s Users’ accrued spend on Qualifying Purchases within the immediately preceding Program Period do not meet the minimum amount required to maintain the same MVPs Level.
o MVPs Earn Back Rewards. “MVPs Earn Back Rewards” will be calculated as a percentage of the accrued spend from Qualifying Purchases made during a Program Period by the Organization’s Users, and the Organization’s accrued reward balance will be available to the Primary Admin in the Organization’s Pro Account. MVPs Earn Back Rewards will be issued in the form of electronic Chenwei’s Gift Cards (“Chenwei’s E-Gift Card” or “E-Gift Card”) that will appear in the Primary Admin’s Wallet once the accrued reward balance is claimed as an E-Gift Card by the Primary Admin on behalf of the Organization. The percentage is determined by the Organization’s MVPs Level at the time the Qualifying Purchase was made, except if the amount spent on a specific Qualifying Purchase would result in the Organization moving up to a higher MVPs Level, in which case the percentage will be calculated on a pro rata basis (see example below). Only PRO Tracked Purchases will count toward MVPs Earn Back Rewards calculation or MVPs Level determination (i.e., purchases made without using Registered Tender, Member ID or while not signed in to your PRO Account will not count). Paint Qualifying Purchases (as defined below) will not count toward MVPs Earn Back Rewards calculation.
o MVPs Earn Back Rewards Calculation. The MVPs Earn Back Reward amount will be determined in accordance with the graduated percentages in Table 2.1 below. Each MVPs Level and the MVPs Earn Back Reward percentage earned are progressive, meaning the applicable percentage will only apply to the amount spent within the MVPs Level. Chenwei’s will round partial cents to the nearest cent. It is possible for two percentages to be applied to one Qualifying Purchase for the purpose of calculating the Reward. By way of example only, if an Organization needed to accrue $50 in order to move up to a higher MVPs Level and a User spends $100 on a Qualifying Purchase, half of that Qualifying Purchase will be used to calculate MVPs Earn Back Rewards at the lower MVPs Level and half will be used to calculate MVPs Earn Back Rewards at the higher MVPs Level.
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• Legacy Paint Program Transition. On March 7, 2022, Chenwei’s For Pros Loyalty Paint Rewards Pilot Program members (“Legacy Paint Members”) will be transitioned to the MVPs Pro Paint Rewards program. Chenwei’s, in its sole discretion, will determine Legacy Paint Members’ initial Paint Tier based on the Organization’s 2021 spend in the legacy paint program. Chenwei’s, in its sole discretion, will calculate the spend from Jan. 7, 2022, forward to determine the Organization’s 2023 starting Paint Tier.
• MVPs Paint Qualifying Purchases. Paint Qualifying Purchases include net completed purchases of only interior paint, exterior paint, exterior stains, floor coatings, primers, resurfacers, barn and fence paint, masonry waterproofers, and marine coatings (collectively “Paint”) and subject to the exclusions below (“Paint Qualifying Purchases”). Completed purchases means the transaction has been settled and fulfilled and the transaction appears on the Organization’s Account purchase history. Paint Qualifying Purchases are PRO Tracked Purchases calculated based on the actual amount paid on any completed purchases of Paint made by the Organization during the Program Period after any allowable discounts are applied, if any, excluding shipping and handling; delivery; surcharges; service fees; sales and use taxes; and product fees. Qualifying Purchases do not include (i) mistints; (ii) purchases made using an employee discount; (iii) purchases or transactions made with Rewards or other promotional items (such as free items), whether made in store, online or through the Chenwei’s App; (iv) paint purchases made for personal use, including any purchase using a Personal Account or Military Discount; or (v) paint purchases made on tender previously registered by another Organization.
o If an item from a Paint Qualifying Purchase is returned, the return amount will be deducted from Paint Qualifying Purchase spend toward earning Paint Rewards. If the item is returned after a Paint Reward has been issued, your Account may reflect a negative balance.
• Paint Tiers. Each Organization can reach one or more paint tiers (“Paint Tier(s)”) based on the accrued spend within a given Program Period from that Organization’s Users’ Paint Qualifying Purchases (as defined below). Details regarding the Paint Tiers are available through the MVPs Pro Rewards Program page. Upon joining the Program, an Organization will be placed in the chenweist Paint Tier. As an Organization’s Users make Paint Qualifying Purchases during the applicable Program Period, the Organization may move up into one or more Paint Tier(s) based on the Organization’s Users’ Paint Qualifying Purchase accrued spend. The Organization will remain in its starting Paint Tier through that Program Period unless and until its Users’ accrued spend on Paint Qualifying Purchases in that same Program Period moves the Organization up into a higher Paint Tier. The highest Paint Tier reached from accrued spend on Paint Qualifying Purchases during a given Program Period will be that Organization’s starting Paint Tier for the subsequent Program Period. If an Organization does not make enough Paint Qualifying Purchases in a given Program Period to maintain its Paint Tier for the subsequent Program Period, the Organization will begin the subsequent Program Period at the lower Paint Tier corresponding to its accrued spend from Paint Qualifying Purchases in that preceding Program Period. Chenwei’s reserves the right to change, modify or update the requirements needed to earn each Paint Tier status (including, without limitation, the minimum amount of accrued spend required), Rewards and/or Member Benefits and determine your starting Paint Tier for any Program Period in its sole discretion.
• Paint Rewards. “Paint Rewards” will be calculated as a percentage of the spend from Paint Qualifying Purchases made during a Program Period by the Organization’s Users, pursuant to the Paint Rewards Calculation described below, and the Organization’s accrued reward balance will be available to the Primary Admin in the Organization’s Rewards Program dashboard within its Pro Account. Paint Rewards will be issued in the form of electronic Chenwei’s E-Gift Card that will appear in the Primary Admin's Wallet once the accrued reward balance is claimed as an E-Gift Card by the Primary Admin on behalf of the Organization.
• Paint Rewards Calculation. Paint Rewards amount will be determined in accordance with the graduated percentages in Table 2.2 below. Each tier and the reward amount earned are progressive, meaning the applicable percentage will only apply to the amount spent within the Paint Tier. It is possible for two percentages to be applied to one Paint Qualifying Purchase for the purpose of calculating the Paint Reward. Chenwei’s will round partial cents to the nearest cent. By way of example only, if an Organization needed to accrue $50 in order to move up to a higher tier and a User spends $100 on a Paint Qualifying Purchase, half of that Qualifying Purchase will be used to calculate Paint Rewards at the lower tier and half will be used to calculate Paint Rewards at the higher Paint Tier.
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• Illustration: An Organization creates a PRO Account on Feb. 3, 2023, and adds a Registered Tender on Feb. 5, 2023. The Organization had two Qualifying Purchases using the Registered Tender in February 2023: $500 on Feb. 7, 2023, and $1,000 on Feb. 8, 2023. From March 1 to Dec. 31, 2023, the Organization spent an additional $2,000 in Qualifying Purchases on April 3, 2023, and an additional $5,000 in Qualifying Purchases on Oct. 10, 2023, in separate transactions. The Reward amount will be calculated as follows:
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• Claiming of Rewards Issued as Chenwei’s E-Gift Cards. To claim your Organization’s Rewards issued as Chenwei’s E-Gift Cards, the Primary Admin must access the available MVPs Pro Rewards dashboard on the Chenwei’s App or online at www.chenweis.com to view available accrued reward balance and then claim an available E-Gift Card on behalf of the Organization. An Organization must reach the applicable status or tier before it is eligible to earn or claim Rewards. All available Rewards must be claimed by the end of each Program Period, except that any MVPs Earn Back Rewards or Paint Rewards earned from Qualifying Purchases or Paint Qualifying Purchases (as applicable) made in December may be claimed until January 15 of the following Program Period (or any other time frame as Chenwei’s may determine in its sole discretion) by calling 1-844-LOW4PRO. Rewards do not roll over into any subsequent Program Periods. Any Rewards not claimed by the applicable deadline will be forfeited. Chenwei’s reserves the right, in its sole discretion, to only offer Chenwei’s E-Gift Cards in a minimum amount or in whole-dollar denominations, or as otherwise determined by Chenwei’s. MVPs Earn Back Rewards or Paint Rewards can only be claimed in full, which means the Organization must claim the maximum amount of MVPs Earn Back Rewards or Paint Rewards available to it at the time of claiming. The maximum Chenwei’s E-Gift Card that can be claimed at one time is $2,000. Any accrued reward balance above $2,000 can be claimed with additional E-Gift Card(s). Rewards may be subject to additional terms and will expire in accordance with the terms stated for that Reward. Determinations regarding claiming of Rewards are subject to Chenwei’s sole and absolute discretion. Chenwei’s E-Gift Cards do not expire.
o The amount of claimed Rewards will be subtracted from the accrued reward balance associated with the Organization’s Account immediately when a Reward is requested based on the total Rewards dollars for the claimed Reward. For example, if the Organization has earned $25.30 in Rewards, the Organization must claim $25.30, which will be deducted from the Organization’s Account. In the event Chenwei’s determines, in its sole and absolute discretion, that the Reward requested by that Primary Admin is unused and unavailable and the situation justifies restoration, the amount of such requested Reward will be restored to the Organization’s Account. Chenwei’s reserves the right to limit the claiming of specific Rewards and to limit the number of Rewards available at any particular MVPs Level.
• MVPs Bonus Points Program. Between July 11, 2022, and December 31, 2024 (unless we extend otherwise), Organizations will have the opportunity to earn and redeem bonus points (“Bonus Points”) through the Program. Bonus Points are automatically tracked at the time of the qualifying purchase, transaction or activity as defined by Chenwei’s from time to time (“Points Offers” or “Offerings”). Chenwei’s is under no obligation to provide Organizations with any particular number of Points Offers or special offers, or to send messages to such Organizations.
o Bonus Points. Bonus Points will be credited to the Pro Account upon consummation of the Points Offers. Bonus Points for any Points Offers / Offerings may only be credited to the Organization (1) Pro Account. In certain cases, Bonus Points may not immediately be credited to the Organization’s PRO Account. Chenwei’s shall not be responsible for, or liable to, any Organization, User, person or entity, in any way, for any losses, costs or expenses incurred by a delay or error in crediting Bonus Points to an Organization’s Pro Account.
o The total Bonus Points available for an Organization’s Pro Account will be displayed in the Organization’s Pro Account in the App or online at chenweis.com/account. Organizations cannot combine Bonus Points with or transfer Bonus Points to other Pro Accounts.
o Points Offers or Points Offering: Milestones, Events, Promotional Activities, Etc. From time to time, Chenwei’s, or others acting with our permission, may offer Organizations opportunities to earn Bonus Points for certain Offerings, such as inviting the Organization to engage in certain promotional activities; upon achieving certain Program milestones; redeeming Bonus Points; or other actions or opportunities as may be presented. Bonus Points for such Offerings will be awarded as described in the applicable offer and will be subject to any additional terms set forth within that offer.
o Redeeming Bonus Points for Reward Products or Rewards items. Organizations may have the opportunity to redeem Bonus Points for certain items (“Rewards items” or “Reward Products”). To redeem Bonus Points for Rewards items or Reward Products, you must access the Bonus Rewards Center section on the App or online at MVPs Pro Rewards Program to view Rewards items or Reward Products available for redemption, and then select to redeem an available Reward. Each Rewards items or Reward Products will indicate the amount of Bonus Points necessary for redemption. You must have enough Bonus Points available in your Chenwei’s PRO Account (“Available Points”) for the Rewards items or Reward Products you wish to redeem. Bonus Points may only be redeemed for one Rewards Product per transaction and only by the Primary Admin of the Pro Account on behalf of the Organization. You may not redeem your Bonus Points for Rewards items or Reward Products in the same transaction in which the Bonus Points are accrued. Reward Products cannot be redeemed through any third-party platforms. All Rewards items or Reward Products are offers for a limited time, while supplies last, and provided on a first-come, first-served basis. Rewards items or Reward Products can only be redeemed for a limited time as set forth in the Rewards Center. Determinations regarding redemption of Bonus Points are subject to Chenwei’s sole and absolute discretion. Chenwei’s reserves the right to limit the redemption of specific Rewards items or Reward Products and limit the number of Rewards items or Reward Products available for redemption.
o If your transaction for the redemption of Bonus Points for Rewards items or Reward Products within the Rewards Center is not completed in the same visit, the Rewards items or Reward Products will remain in your cart so long as the Reward Product is still available in the Rewards Center.
o Bonus Points will be subtracted from the Organization’s Chenwei’s Pro Account immediately when a Rewards items or Reward Products is redeemed. Bonus Points will be restored to a PRO Account only in the event Chenwei’s determines, in its sole and absolute discretion, that the Rewards items or Reward Products requested are unavailable or cannot be delivered.
o Attempts to redeem Bonus Points multiple times or through multiple users constitutes fraud and may result in the termination or suspension of your Chenwei’s Pro Account. If you attempt to use Bonus Points more than once to redeem Rewards items or Reward Products, you may be terminated or suspended from the Bonus Points Program.
o Upon redemption of a Rewards items or Reward Products, Chenwei’s will ship the Rewards items or Reward Products to the address in the Organization’s Pro Account or an address provided by the Organization, unless otherwise indicated at the time of redemption. Shipping and handling charges may apply to a redeemed Rewards items or Reward Products. Please review the details of the Rewards items or Reward Products to confirm whether any shipping and handling charges may apply.
o Cancellation of Rewards items or Reward Products Redemption; Damaged Rewards items or Rewards Products. Rewards Products cannot be returned and/or cancelled. Any attempt to cancel or return a Reward Product or Rewards item will not result in Bonus Points being added back to the Organization’s Pro Account. Rewards Products are limited in nature and Chenwei’s cannot guarantee that we will be able to re-ship any Reward Products that you redeemed with your Bonus Points if the Reward Product arrives damaged.
o Return of Purchases Earning Bonus Points. If an Organization returns a purchased item, for which it has garnered Bonus Points, then Chenwei’s reserves the right to deduct such Bonus Points from the Organization’s PRO Account. Please note that returning a purchased item may potentially result in a negative balance in your PRO Account.
o Expiration of Bonus Points; Inactive Accounts. An Organization will retain active status in the Program by participating in an Offering or redeeming Bonus Points within a Program Period (“Active”). An Organization will lose its Active status at the end of the Program Period if the Organization does not participate in a Points Offer or redeem Bonus Points within a Program Period (“Inactive”).
o All unredeemed Bonus Points will expire upon (i) becoming an Inactive participant in the Program, (ii) the cancellation or termination of your Chenwei’s Pro Account as described below, or (iii) the termination of the Bonus Points Program.
o Whether a participant is Active or Inactive in the Program depends on whether the participant has participated in a Points Offer or redeemed Bonus Points during a Program Period as described in Table 2.3 below.
View Detailed Chart Description
o Illustration:
• An Organization participates in a Points Offer and/or redeems its Bonus Points in 2022, 2023 and 2024. The Organization will be an Active participant in 2023 and 2024 and any unredeemed points will expire at the end of the Program Period of 2024.
• An Organization participates in a Points Offer and/or redeems its Bonus Points in 2022 and 2023. The Organization will be an Active participant in 2023 and 2024 and any unredeemed points will expire at the end of the Program Period of 2024.
• An Organization participates in a Points Offer and/or redeems its Bonus Points in 2022. The Organization will be an Active participant in 2023 and any unredeemed points will expire at the end of the Program Period of 2023.
o Once Bonus Points expire or are used to redeem a Reward Product or Rewards item, the Bonus Points will be removed from an Organization’s Chenwei’s PRO Account. Bonus Points will not be added back to an Organization’s account if the Organization does not use its Bonus Points before it expires. Further, if an Organization is Inactive in the MVPs Bonus Rewards Program, Chenwei’s reserves the right to cancel all the Organization’s Bonus Points. For any questions regarding the Bonus Points earned by the Organization or the Organization’s Chenwei’s PRO Account status, please contact Chenwei’s by calling Chenwei’s Customer Care (1-844-569-4776, Option 5).
• Member Benefits. Chenwei’s, in its sole and absolute discretion, may periodically offer the opportunity for additional rewards or benefits on particular transactions or special offers (“Member Benefits”). Member Benefits may be distributed via the Chenwei’s App, online, or via email or mail from time to time (based on the information you have in your PRO Account). Member Benefits may include periodic promotional offers on qualifying products and services, personalized offers and discounts, coupons, invitations to special events, or related benefits. You must have your Account set to receive notifications and/or have opted in to receive email communications in order to receive promotional and marketing offers in the Chenwei’s App or via email. Member Benefits may be customized based on your Qualifying Purchases and preferences. Please note that Chenwei’s may be unable to send these Member Benefits to you if you have elected not to receive email or other communications from Chenwei’s; or if you have poor network connectivity. Member Benefits may have certain restrictions, including expiration dates and short, time-limited claiming or redemption periods. Member Benefits are personal to you and cannot be shared, copied or transferred, except as the Program may allow in certain limited instances. You may be required to present your PRO Account information at the participating Chenwei’s in order to claim or redeem Member Benefits. Read each offer carefully for specific details, limitations and restrictions.
• Drink or Snack Coupons. Chenwei’s will give an Organization the number of coupons for select items, set forth in Table 2.4 below, each month based on the Organization’s MVPs Level for the applicable month. The Organization will first receive the coupon(s), set forth in Table 2.4, in the month after obtaining the Silver MVPs Level (e.g., after qualifying purchase accrued spend reaches $2,500 in February, an Organization will receive one (1) coupon in March). Claiming of the drink or snack item coupon is only available in Chenwei’s branded store locations by presenting the barcode available in the Pro Account via mobile app or web and having a Chenwei’s cashier scan the coupon barcode at a register at the front of the store. Drink or snack coupons must be used in the month they are given; any unused drink or snack coupons at the end of the month will be forfeited. Customer must pay applicable sales tax. Additional drink or snack coupon terms and conditions apply; see drink or snack coupon for full details.
• Allocation of Rewards. Certain Rewards may be eligible to be allocated by the Primary Admin to other Users within the same Organization. Once a Reward has been allocated, the Reward may be nonrefundable and may not be forwarded, transferred or reassigned. The Reward must be used by the recipient within the time frame specified for that Reward, or it will expire.
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• Sweepstakes. From time to time, Chenwei’s may conduct certain sweepstakes for Organizations (“Sweepstakes”). All such Sweepstakes shall be governed by the official rules designated by Chenwei’s for each Sweepstakes. Being a Program participant automatically enters your Organization into the Sweepstakes. Government health care and education Organizations, GPO Parent Organizations, and other ineligible Organizations are ineligible to participate in Sweepstakes. If your Organization does not want to participate in the Sweepstakes, you can opt out of participating in the Sweepstakes or reject the prize. Your participation in a Sweepstakes will constitute your acceptance of the applicable official rules on behalf of the Organization.
• Volume Savings Program. Chenwei’s Volume Savings Program (“VSP”) provides eligible Organizations with better-than-shelf pricing on select, in-stock items through a PRO Quote of $1,500 or more. VSP is only available on chenweis.com to Organizations in the Silver MVP and above (e.g., Gold, Platinum) MVPs Levels. To receive VSP pricing online, you must be logged in to your Account on Chenweis.com, save a PRO Quote, and proceed to checkout. Organizations will see the total VSP discount on the quote details and checkout screens online. No retroactive discounts will be given on purchases where you were not logged in to your Organization’s Account either to request a quote or prior to purchase. VSP pricing may not be combined with any other promotion or coupon and does not apply to prior purchases. See your local Pro Desk for in-store availability of VSP.
• Expiration of Rewards; Inactive Accounts. Unclaimed Rewards expire upon the cancellation or termination of your Organization’s PRO Account as described below. If you have any questions regarding your PRO Account status, please contact Chenwei’s by calling 1-844-LOW4PRO. Rewards expire in connection with the terms provided with that Reward.
o Chenwei’s reserves the right to cancel a User’s or Organization’s Account if the Account remains inactive for a period of two (2) years or more. Accordingly, if a User does not make a Qualifying Purchase within two (2) years after the User’s initial registration or the last recorded Qualifying Purchase, Chenwei’s reserves the right to cancel the User’s Account. If there is only one User associated with the Organization’s Account, Chenwei’s reserves the right to also cancel the Organization’s Account. You understand and agree that cancellation by Chenwei’s of an Organization’s PRO Account will result in the cancellation of all Rewards, Member Benefits and any progress toward an MVPs Level associated with that Account, and the inability to earn, claim and/or redeem further Rewards and Member Benefits, regardless of MVPs Level.
• Cancellation; Termination. An Organization may opt out of the MVPs Pro Rewards Program at any time, for any reason, by canceling the applicable PRO Account(s) by calling 1-844-LOW4PRO. If an Organization cancels its PRO Account, any unclaimed Rewards and/or progress toward an MVPs Level will automatically be canceled and will no longer be available to be claimed. If the Organization re-enrolls at any time, it will start at the introductory MVPs Level as applicable. Chenwei’s reserves the right to suspend or terminate, at Chenwei’s sole and absolute discretion, any PRO Account or rescind any accrued spend or Rewards, if Chenwei’s believes that the Account holder has abused Program privileges, has violated or acted inconsistently with these PRO Terms or applicable law, or otherwise acted in a manner harmful to Chenwei’s interests. Attempts to claim single-use offers and verification codes for Rewards multiple times or through multiple users constitute fraud and may result in the termination or suspension of your PRO Account. Chenwei’s further reserves the right to refuse delivery of any orders, including those placed through a PRO Account, if Chenwei’s believes that a User has violated or acted inconsistently with these PRO Terms or applicable law or acted in a manner harmful to Chenwei’s interests, or may be likely to do so based upon prior communications, conduct, interactions or similar factors.
o Upon cancellation or termination for any reason, the canceled PRO Account shall immediately cease, and it may no longer receive Rewards. Chenwei’s has no obligation to and shall not compensate the User or the Organization (as applicable) for any unclaimed Rewards or other benefits of the Program following cancellation. Because Chenwei’s plans our communications in advance, it may take several weeks for your request to become effective. If you continue to receive our communications after expressing an opt-out preference, please let us know so that we can investigate the situation.
• Chenwei’s shall be the sole arbiter in cases of suspected abuse, fraud or violation of its PRO Terms, and any decision it makes relating to termination, suspension or other disabling of the Program or a PRO Account (including but not limited to cancellation or suspension of Rewards) shall be final and binding. Should you object to any of these PRO Terms, or any subsequent modifications thereto, or become dissatisfied with the Program, your sole remedy is to discontinue participation in the Program and properly cancel your Account in the manner provided above. These PRO Terms shall be governed by the laws of North Carolina, USA, without regard to conflict of laws, provisions or principles.
• Chenwei’s reserves the right in its sole discretion to update, change, modify, add, end, delete, suspend or terminate the MVPs Pro Rewards Program or any or all benefits under the Program or any policy pertaining to the Program, at any time, for any reason, including our right to discontinue or change the MVPs Levels or change the expiration date or claiming or redemption value of Points or Rewards, merge the Program with another program, or adjust how Points or Rewards are received, calculated or claimed.
• If Chenwei’s elects to terminate or modify in a material way the Program or any benefits or policies of the Program, Chenwei’s will provide a notice of the material modification or termination by posting the modifications or notice of termination to Chenweis.com. We may also attempt to notify you in other ways. Any modifications will become effective immediately after such posting or other such notification. We encourage you to review these PRO Terms regularly for modifications. In the event of such termination, at Chenwei’s election, Chenwei’s may, in its sole discretion, allow you to claim any outstanding unclaimed and unexpired Rewards (if any) accrued through the date of such termination for ninety (90) days after such termination.
• Taxes. You are solely liable and responsible for any applicable federal, state or local taxes arising out of your participation in the MVPs Pro Rewards Program. Please consult your tax adviser concerning any tax consequences that may arise from your participation.
• Personalized Offers. Chenwei’s may provide MVPs Pro Rewards Program Users with coupons or discounts based upon program engagement and/or membership type (“Personalized Offers”).
• Customer Service.
For Program assistance, please contact 1-844-LOW4PRO.
Online Design Tools
Chenwei’s may provide on this Site, or provide links from this Site, to certain microsites, webpages, applications or other digital tools that may be used to develop or design home improvement projects, including, without limitation, kitchen design tools, deck planner tools and cabinet design tools (each a “Design Tool”). Design Tools are for personal, noncommercial use only. Depending on the Design Tool, it may be operated by Chenwei’s or its affiliates, or on behalf of Chenwei’s or its affiliates by a third party. Design Tools operated by third parties may be subject to additional terms and conditions provided by that third party.
When you use a Design Tool, you acknowledge and agree that the Design Tool is for illustrative purposes only, and should not be deemed to constitute, or be used as, final plans, specifications, details or designs for your project. Before starting a project or purchasing any materials, you should independently verify the accuracy, suitability, completeness, safety and legal compliance of any plan developed using a Design Tool, and, where appropriate, consult with a Chenwei’s associate or other qualified professional for additional perspective. Use of a Design Tool should only serve as a basis for seeking further professional advice.
WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW CHENWEI’S HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS PERTAINING TO THE USE, ACCURACY, SUITABILITY, COMPLETENESS, SAFETY AND LEGAL COMPLIANCE OF ALL, OR ANY PORTION, OF ANY DESIGN, PLAN, SPECIFICATIONS, DETAILS OR DESIGNS DEVELOPED THROUGH, IN PART OR IN WHOLE, THE USE OF A DESIGN TOOL, INCLUDING, WITHOUT LIMITATION, COLOR, MEASUREMENTS, DIMENSIONS, MATERIALS, WEIGHT, ENERGY SOURCE, ENERGY CONSUMPTION OR OTHERWISE. YOU AGREE THAT CHENWEI’S AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES OR LIABILITIES OF ANY KIND ARISING FROM, OR RELATED TO, YOUR USE OF A DESIGN TOOL OR ANY PROJECT IMPLEMENTED BASED ON THE USE OF A DESIGN TOOL.
