Rewards Program Terms and Conditions
BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO ACCEPT ALL VERSIONS OF THE PROGRAM TERMS AND CONDITIONS AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE PRIVACY POLICY.
THE HOLIDAY HOUSE INTERIORS REWARDS CLUB TERMS AND CONDITIONS
BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO ACCEPT ALL VERSIONS OF THE PROGRAM TERMS AND CONDITIONS AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE PRIVACY POLICY.
The Holiday House Interiors Rewards Club Member Program (the "Program") is offered exclusively by Holiday House Interiors (also referred to as "we," "our," or "us"). Members (also referred to as "you," "your," and inclusive of "Cardmember") participating in the Program agree to be bound by these Holiday House Interiors Rewards Club Terms and Conditions ("Program Rules"), as they may change from time to time.
These Program Rules supersede all previous terms and conditions applicable to the Program. All Program benefits, offers, rewards, and services are subject to availability. Except as otherwise expressly prohibited or limited by applicable laws, Holiday House Interiors may at any time amend, modify, supplement, or terminate the Program, these Program Rules, the structure for earning rewards, or reward levels even though such changes may affect the value of rewards, or the ability to obtain certain rewards. If notice of such action is required by law, it will be provided in accordance with such laws. If the Program is terminated, all unredeemed benefits will be forfeited without any obligation or liability and will not be honored upon termination or after the conclusion of the notice period, if any notice is required by law. In all matters relating to the administration of the Program, the decisions of Holiday House Interiors will be final. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other cases beyond our reasonable control.
We reserve the right to cancel or suspend your participation in the Program in the event of fraud, abuse of rewards privileges, violation of these Program Rules or any applicable laws, or at our discretion. Any rewards points or Holiday House Interiors Points in your account will become void at the time of cancellation. We may revoke some or all of your Holiday House Interiors Points if we determine that you received Holiday House Interiors Points due to an error, through fraud or deception, or in any manner not authorized.
Members are responsible for reading, understanding, and remaining knowledgeable of the Program Rules, any program rule changes, account statements, available benefits and rewards, the Holiday House Interiors Privacy Policy, and other communications from Holiday House Interiors in order to understand your rights, responsibilities, and status in the Program. If a member has questions about the Program or these Program Rules, the member should contact Customer Service at www.holidayhouseinteriors.com at one of our email contacts listed.
Members are responsible for any tax liability related to participation in the Program.
JOINING THE HOLIDAY HOUSE INTERIORS REWARDS CLUB
Eligibility and Enrollment
Your will be issued a unique membership identifier and must be provided to earn points on eligible purchases. Because we use your mobile number and email address to identify you as a member and to notify you of Program benefits, you must ensure that both are accurate and current.
Corporations, groups, and associations are not eligible to participate in the Program.
An individual may enroll in the Program by fully and accurately providing applicable information on the Holiday House Interiors.com website or through other channel(s), if available. Holiday House Interiors may deny membership in the Program to any enrollee in its sole discretion and without written notice. The Program benefits and rewards are nontransferable unless expressly stated otherwise. Any such attempt to transfer or assign shall be null and void. Upon the death of a member, the member’s account will be closed and any benefits or rewards in the account will be forfeited.
Privacy
Any personal information you provide to Holiday House Interiors in connection with the Program will be handled in accordance with the Holiday House Interiors Privacy Policy. When you enroll in the Program and provide us your email address, you are opting in to receiving marketing emails from us. You may update your marketing email preferences at any time. See the Holiday House Interiors Privacy Policy for more information on how to do so. Please Reward that even if you opt out of receiving marketing messages, you will continue to receive transactional and service-related messages from us regarding the Program.
Membership
GENERAL PROGRAM MEMBERSHIP: Membership in the Program is available to any United States resident who is at least eighteen (18) years old and provides valid and accurate personal information when enrolling. Participation in a separate and unique credit or debit card program is not required for a general membership. Once enrolled into the Program, you will enter at the MEMBER status level and are entitled to the rewards and benefits of membership as set out herein or in promotional materials. See below for more details on unlocking status levels.
EMPLOYEES: Holiday House Interiors employees are eligible to participate in the Program with limitations. Employees are not eligible to participate in promotional offers or receive benefits specifically associated with any status level greater than MEMBER status
MEMBERSHIP STATUS LEVELS: This is a proposed future enhancement to the program and is not valid in whole or in part. Upon reaching certain milestones, members will unlock higher membership status levels with additional benefits and rewards based on the net value of purchases ("Net Purchase Balance" or "NPB") made in store and online at Holiday House Interiors, Holiday House Interiors Pop-Ups and Holiday House Interiors Market (collectively referred to as "Holiday House Interiors locations"). Each level is unlocked at a minimum Net Purchase Balance as set out below. The Net Purchase Balance is the purchase amount after returns, discounts, taxes, and any amounts redeemed in Holiday House Interiors Points or Holiday House Interiors Gift Cards have been deducted.
- MEMBER – no minimum NPB
- INFLUENCER – minimum NPB of $500 at Holiday House Interiors locations
- AMBASSADOR – minimum NPB of $5,000 at Holiday House Interiors locations
- ICON – minimum NPB of $15,000 at Holiday House Interiors locations using a Holiday House Interiors card
At the beginning of each calendar year, the NPB will be reset to zero. Members will enter the next year at the previous year-end status level and retain that as the minimum level through the end of the new year even though the NPB was reset. As new milestones are attained, members will unlock higher status levels. If, during a calendar year, the member does not reach the minimum NPB milestone associated with the status at which they entered the new calendar year, at the end of that calendar year, the status level will revert to the status appropriate for the actual NPB maintained.
Benefits of Membership
Members will receive exclusive benefits in the form of rewards, such as Holiday House Interiors Rewards Club points ("points") and Holiday House Interiors Points, services, and event access. Because Program communications are generally sent via email, you are responsible for ensuring we have the most recent and accurate email. Holiday House Interiors is not responsible for communications, offers, or rewards sent to out-of-date email addresses.
Earn Points
To receive points when shopping at Holiday House Interiors locations you must self-identify as a Holiday House Interiors Rewards Club member at checkout by ensuring that you are logged in or by informing us in person at events, stores, pop-up shops etc.
BASE POINTS: A set number of points may be given at sign up, events and other times of the year. You will receive a designated number of points for every $1 of qualifying net spend. Some exclusions apply and certain products and services do not qualify for the benefit. Points are earned on the purchase price of items exclusive of any taxes and applicable shipping.
BONUS POINTS: From time to time, Holiday House Interiors will offer the opportunity to earn bonus points. The promotional materials may identify additional qualifying events, exclusions, and restrictions. Certain designer boutiques, brands, and products may be excluded and/or limit promotional bonus points opportunities. Generally, you will be notified of any bonus point promotions by email.
CALCULATION OF POINTS: For purchases made at Holiday House Interiors locations, points are calculated based on the net purchase amount of qualifying spend rounded to the nearest dollar. The net purchase amount is the spend amount net of returns, discounts and exclude taxes, shipping, tips, and after any amounts redeemed in Holiday House Interiors Points or Holiday House Interiors Gift Cards have been deducted. Points received for items that are returned will be deducted from your points balance.
You will not earn points at Holiday House Interiors locations on charitable donations, purchases of alcoholic beverages, purchases from stand-alone vending machines, and purchases of certain brands and clearance items. No points will be earned on holidayhouseinteriors.com purchases that are shipped to locations outside the U.S. Territories, custom, personalized, and stock clearance. Special promotions or offers may include additional exclusions and will be disclosed within the promotion or offer terms.
EXPIRATION: All points will expire after a Program account has had no activity for twelve (12) consecutive months.
*Purchases made using a third-party payment system will only receive one (1) point per dollar such as PayPal regardless of whether the third-party payment system is linked to a Holiday House Interiors payment system.
Earn Holiday House Interiors Points
This feature is a future enhancement that is proposed and is not currently active or valid. Upon reaching certain point accumulation thresholds, you will be eligible for Holiday House Interiors Points.
STANDARD HOLIDAY HOUSE INTERIORS POINTS: Points may generally be converted to a Holiday House Interiors Reward at 20 points for a $1 Holiday House Interiors Reward or 40 points for a $2 Holiday House Interiors Reward. The maximum number of Holiday House Interiors Rewards that may be used during any one transaction is 1,000 and may change from time to time and without notice. Threshold and timing of the conversion of points to Points may vary from time to time.
BONUS HOLIDAY HOUSE INTERIORS POINTS: From time to time, Holiday House Interiors will offer the opportunity to earn Bonus Holiday House Interiors Points. The promotional materials may identify additional qualifying events, exclusions, and restrictions. Generally, you will be notified of any Bonus Holiday House Interiors Reward promotions or when you have Holiday House Interiors Points available for use via email. Bonus Holiday House Interiors Points are different and distinct from the Standard Holiday House Interiors Points and may have a shorter expiration date, as indicated in the promotion or on the Bonus Holiday House Interiors Reward.
When you redeem a Holiday House Interiors Reward to make a purchase, the value of the Holiday House Interiors Reward will be applied against the total purchase price, including applicable taxes and fees. Restrictions apply as set out herein and in promotional materials.
Holiday House Interiors Points will be denominated in U.S. Dollars. Holiday House Interiors Points have zero cash value and may not be redeemed in any method other than those specifically outlined within this document. All dollar amounts referred to in these Program rules are in U.S. Dollars.
IMPORTANT REWARD: Points and Holiday House Interiors Points have no cash value and cannot be exchanged for cash or credit. You have no ownership interest in points or Holiday House Interiors Points, and these rewards collected do not constitute property. The use of the word "earn" or similar language in marketing materials in relation to the Program does not imply that the points or Holiday House Interiors Points have any value prior to conversion or redemption. Points and Holiday House Interiors Points may not be purchased or sold and are not transferable except as otherwise stated herein.
Unlocking Program Membership Status and Benefits
This is a proposed future enhancement and is not currently active or valid. Members are eligible for certain Program benefits based on membership status. Some benefits may only be available in certain locations. Status level benefits must be used in the year in which they are awarded, and any unused benefits will be forfeited at the end of each calendar year. At the beginning of each calendar year, the available benefits will be renewed based on the status level achieved at the end of the previous year. If a member advances to a higher Program status level during that year, they will only be entitled to the benefit for the achieved new status. If any portion of that benefit was used while in the lower-level status, it will be subtracted from the total allocation of the benefit in the achieved new status.
The annual benefits for each member status are identified in Table B. Restrictions apply as identified herein and as expressed in any promotional materials.
Personal Double Points Days
The Personal Double Points Day benefit allows eligible members to choose a day to earn double points on all qualifying net purchases. Some restrictions apply to the day you may choose. For example, you may not combine your Personal Double Points Day with any other bonus points event.
As you progress through the Program status levels, you are only entitled to the number of Personal Double Points Days for the achieved new status. If you have used any of your available Personal Double Points Days while in the lower-level status, those will count toward your total days available in the achieved new status.
Other restrictions or brand exclusions may apply for special promotions and offers as identified in the promotional materials. Holiday House Interiors employees and qualifying family members are not eligible for the Personal Double Points Days benefit.
Events and Workshops
Eligible members may receive invitations to exclusive shopping and fashion events and/or workshops hosted by Holiday House Interiors, as well as other select benefits (collectively "Event(s)"). These Events are not predetermined, may be limited to selected stores, and are developed at the sole discretion of Holiday House Interiors. An opportunity to participate in these Events is not guaranteed due to limited dates, times, locations, and capacity. Participation in an Event may require a purchase or an additional expense. Generally, you will be notified of any invitations for Events via email.
CANCELING YOUR HOLIDAY HOUSE INTERIORS REWARDS CLUB MEMBERSHIP
You may opt out of the Program at any time by canceling your membership. Please contact our team at info@holidayhouseinteriors.com to cancel.
Additional Terms of Participation
Severability
If any provision of these Program Rules or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Program Rules and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.
No Waiver
Holiday House Interiors's failure to insist upon or enforce strict compliance with any provision of these Program Rules shall not be construed as a waiver of any provision or right and will not prevent us from enforcing such right or provision in the future. Nothing in these Program Rules will limit Holiday House Interiors from exercising any legal rights or remedies that it may have.
Headings
The headings for each of these Program Rules are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Program Rules.
Complete Understanding
These Program Rules and the Privacy Policy referenced herein constitute the entire understanding between you and Holiday House Interiors with respect to the Program.
Errors or Inconsistencies
Despite our best efforts to ensure accuracy, errors occasionally occur. We reserve the right to correct such errors at any time even if it affects pending benefits, rewards, points or Holiday House Interiors Points in your account. In the event of any inconsistency or discrepancy between the Program Rules or other statements contained in any related materials or advertising, the terms of the then-current Program Rules shall prevail, govern, and control.
Limitations of Liability and Damages
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE PROGRAM AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. HOLIDAY HOUSE INTERIORS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. HOLIDAY HOUSE INTERIORS DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.
YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. NEITHER HOLIDAY HOUSE INTERIORS NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROGRAM.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HOLIDAY HOUSE INTERIORS, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE HOLIDAY HOUSE INTERIORS REWARDS CLUB TERMS AND CONDITIONS.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the lesser of (a) the amount paid by you for your participation in the Program during the prior twelve (12) months or (b) ten dollars ($10). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
We may assign our rights and obligations under these Program Rules, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
These Program Rules are governed by the laws of the State of California, without regard to any conflict of law provisions. Any action relating to the Program or any transaction with Holiday House Interiors must be brought in the state or federal courts located in Pasadena, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
Please contact our Service Center at info@holidayhouseinteriors.com if you have a dispute regarding the Program.
If we are unable to resolve to your satisfaction any dispute you might have related to the Program, then you may begin an arbitration proceeding as provided below.
Arbitration
For purposes of this Section 16 (Dispute Resolution), “Holiday House Interiors,” shall include its subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR HOLIDAY HOUSE INTERIORS WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
If you and Holiday House Interiors have a Dispute (defined below) and our customer service team is unable to resolve your concern, you and Holiday House Interiors agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. If you intend to initiate an arbitration proceeding, you must first send a verified Notice to Holiday House Interiors that describes the Dispute. The Notice must include your name and contact information (address, telephone number, and email address), sufficient information to enable Holiday House Interiors to identify any transaction at issue; and a detailed description of (1) the Dispute, (2) the nature and basis of your claims, and (3) the nature and basis of the relief sought, with a detailed calculation. The Notice shall be sent by email to: info@HolidayHouseInteriors.com or by mail to: Holiday House Interiors, Inc., Attn: General Counsel and Corporate Secretary, 145 North Sierra Madre Blvd. Unit 14, Pasadena, CA 91107. You must personally sign the Notice. If requested by Holiday House Interiors, you must personally appear at and participate in a telephone settlement conference (if you are represented by counsel, your counsel may also participate) to discuss the Dispute. If the Dispute is not resolved within sixty (60) days after receipt of the Notice (which period can be extended by agreement of the parties), you or Holiday House Interiors may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
If we are unable to resolve the Dispute through the mandatory informal dispute resolution process, you unconditionally agree that, except as set forth below, all claims, controversies, or disputes between you and Holiday House Interiors will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, such claims, controversies, or disputes arising out of or relating to any aspect of the relationship between you and Holiday House Interiors, your access or Use of our Site or any products or services offered by or purchased from Holiday House Interiors through our Site or stores, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory ("Dispute"). Dispute will be given the broadest possible meaning permitted by law. It includes claims that arose before this or any prior agreement or that arise after the termination of this agreement. The sole exceptions to the foregoing requirement to arbitrate are that: (1) either party may assert individual claims in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis); and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. This Dispute Resolution section evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. This arbitration provision shall survive termination of this agreement. BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO BRING AND PROSECUTE ANY DISPUTES WITH HOLIDAY HOUSE INTERIORS IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.
There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, in favor or against only the parties to the arbitration and only to the extent necessary to provide the relief warranted by the party's individual claim, including injunctive and declaratory relief or statutory damages. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding. The arbitrator must follow these Terms as a court would. The arbitrator may not consider any prior settlement offers in making the decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals.
We agree that the arbitration will be administered by the American Arbitration Association ("AAA"), adr.org. (If the AAA is unavailable or unwilling to administer arbitrations consistent with this Dispute Resolution section, another arbitration provider shall be selected by the parties that will administer arbitrations consistent with this Dispute Resolution section. If the parties cannot agree on a provider, one shall be selected by the court that will administer arbitrations consistent with this Dispute Resolution section.) To begin an arbitration proceeding, after satisfying the condition precedent identified above, you must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation to: Holiday House Interiors, Inc., Attn: General Counsel and Corporate Secretary, 145 N Sierra Madre Blvd, Unit 14, Pasadena, CA 91107, and (2) contact the AAA and follow the appropriate procedures with the AAA to commence the arbitration. The AAA consumer rules for arbitration will apply as modified by this Dispute Resolution section. Except as expressly provided in this Dispute Resolution section, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution section including, but not limited to, a claim that all or any part of it is void or voidable. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable consumer rules. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. The arbitration may be conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location as set forth in the AAA rules. If requested, you shall personally appear (with your counsel if you have one) at an initial telephone conference with a case manager before an arbitrator is appointed. Notwithstanding anything to the contrary, Holiday House Interiors will pay all fees and costs that we are required by law to pay.
AS SET FORTH ABOVE, WE EACH AGREE TO BRING ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE OR PRIVATE ATTORNEY GENERAL BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE FULLEST EXTENT PERMITTED BY LAW. A Dispute may not be consolidated with a claim by any person or entity that is not a party to the arbitration proceeding, and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding. If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Section 16 (Dispute Resolution), the arbitrator may not issue a "public injunction" and any such "public injunction," if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
Special Additional Procedures for Mass Arbitration: If twenty-five (25) or more similar claims are asserted against Holiday House Interiors by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for Holiday House Interiors shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section from the time the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Holiday House Interiors.
Future Changes to Dispute Resolution Section: Notwithstanding any provision to the contrary, we agree that if Holiday House Interiors makes any future changes to this Dispute Resolution section (other than a change to the mailing or email address), you may reject any such change by sending us written notice within thirty (30) days of the change to the address provided above. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution section.
CUSTOMER SERVICE:
For questions or assistance, contact us at info@holidayhouseinteriors.com.
Thanks for being one of our most valued customers.
Effective October 2023