You may register on the Site to receive e-mail notifications or to participate in Insider Perks by completing the online form at www.athome.com or otherwise opting in or signing up. To unsubscribe from any e-mail service, you can click on any “Unsubscribe” link in a message from At Home. For more information about our Insider Perks Program, please see the section Insider Perks below.
Intellectual Property Rights
All trademarks, logos, trade names, and service marks displayed on our Site are our registered or unregistered trademarks, or those of third parties who have authorized their use (the “Marks”). You may download and/or print one copy of individual pages of the Site or documents available for download for your personal use and records. Otherwise, you may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way. The use of our Marks on any other website is strictly prohibited. All of the materials contained on our Site are copyrighted except where explicitly noted otherwise. The absence of a trademark, trade name, or service mark does not constitute a waiver of our intellectual property rights concerning the trademark, trade name, or service mark. We will aggressively enforce our intellectual property rights to the fullest extent of the law including criminal prosecution. We do not warrant or represent that your use of materials displayed on our Site will not infringe rights of third parties not owned by or affiliated with us. Use of any materials on our Site is at your own risk.
No Unlawful or Prohibited Use
Materials from our Site may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. Unless otherwise specified, all materials on our Site are made available only to provide information and are for personal and non-commercial use. You agree not to use or access the Site in a manner that could damage, disable, overburden, or impair our servers or the networks connected to our servers; interfere with any third party's use and enjoyment of our Site; or attempt to gain unauthorized access to accounts, computer systems or networks connected to any of our servers through hacking, password mining, or any other means.
User Suspension and/or Termination of Access
Links to Third Party Sites
Any links to other websites not owned or operated by At Home are provided solely as a convenience for you. At Home’s listing of any third party does not create a partnership or affiliation with the third party. At Home’s listing of any third parties does not constitute sponsorship or endorsement of these professionals or service providers. You shall make a competent consumer decision before employing the services of any listed third party professional or service provider. You bear all risk associated with the employing of any third party and obtaining their goods or services. We encourage you to read and understand the terms and conditions of use of any linked sites that you visit.
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, THE PRODUCTS OR SERVICES OFFERED, AND/OR LISTED PRICES THAT ARE DESCRIBED OR OBTAINED THROUGH THE SITE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED AS TO THE OPERATION OF OUR SITE OR THE INFORMATION INCLUDED ON OUR SITES, INCLUDING THAT THEY WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. AT HOME MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
THIS DISCLAIMER INCLUDES ANY LISTING OF ANY THIRD PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AT HOME AND ITS PARTNERS, THIRD PARTY SERVICE PROVIDERS, AND SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH REGARD TO ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH YOUR USE OF THE SITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, SYSTEM INTEGRATION OR FREEDOM FROM COMPUTER VIRUS, OR QUIET ENJOYMENT. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE.
Limitation of Liability
IN NO EVENT SHALL AT HOME AND/OR ANY OF ITS PARTNERS, THIRD PARTY SERVICE PROVIDERS, AND SUPPLIERS, AND/OR ANY OF THE RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS AND EMPLOYEES OF ANY OF THE FOREGOING BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OR INJURY WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR ONLINE FAILURE, OR FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AT HOME OR ANY OF ITS PARTNERS, THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND/OR THE RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS AND EMPLOYEES OF ANY OF THE FOREGOING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, AT HOME’S TOTAL LIABILITY TO YOU (FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SITES OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER. WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS, BROWSING ON, OR USE OF OUR SITES OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OUR SITES.
By submitting any content to At Home (including photos), via this Site or otherwise, you represent and warrant that:
You further agree and warrant that you shall not submit any content:
For any content that you submit, you grant At Home a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
At Home respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide At Home’s copyright agent with the following information.
At Home’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: CustomerCare@athome.com.
We are an equal opportunity employer committed to a diverse workforce. To be considered for a posted job opportunity, you must submit an application. Applications are active for 30 days, after which you must reapply.
We maintain our Site from our corporate offices in State of Texas and we make no representation that these materials are appropriate or available for use in other locations. If you access our Site from locations outside of the United States of America, you are responsible for compliance with applicable local laws. The information on our Site is intended only for use and access by persons residing in the United States and its territories. You may not use our Site in violation of U.S. export laws and regulations.
Insider Perks Program
Insider Perks members receive members-only offers such as a “Welcome Offer” and yearly “Birthday Bonus” offer, receiptless returns on all purchases, insider access to new items and markdowns, and special communications. At Home credit cardholders have access to additional benefits as cardholders, as laid out in the credit card terms and conditions found at www.athome.com.
A “Welcome Offer” for Insider Perks members will be emailed to you after your member profile is completed and/or updated with your first and last name, phone number, and email address. Members who have a completed profile with their last and first name, phone number, email address, and birth month and day will receive a “Birthday Bonus” offer each year during their birth month. The offer will be emailed to you. The offer is valid at an At Home store and is subject to any terms and conditions set forth on the offer. In order to be eligible to receive your Insider Perks Birthday Bonus offer you must provide your birth month and day at least thirty (30) days prior to your birth month.
Insider Perks members have access to make returns on purchases without presenting a receipt or the payment card used for purchase. In order to have access to the Receiptless Returns benefit, your account must be identified at the time of purchase. You will be required to provide your telephone number at the point of checkout. If you do not know your telephone number, we can look up your account using your email. Providing your email or phone number at the time of checkout for purposes of either checking to see if you have an account, identifying your account, or setting up a new account is voluntary, and it is not being recorded as part of a credit card transaction. Returns must still comply with the At Home Return Policy, found at www.athome.com.
You may cancel your membership at any time by notifying Customer Service by email, phone, or in writing. Cancellation may take up to 6-8 weeks to process. Upon cancellation, all membership offers and benefits will be cancelled and deactivated.
You are responsible for any personal tax liability related to participating in the Program. The Program is void where prohibited by federal, state or local law.
At Home SMS and MMS Program
Message and Data Rates May Apply. Purchase is not a requirement of the SMS program. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. Texts may be sent using an automatic telephone dialing system. Please contact your wireless carrier for more information.
At Home is not liable for delayed or undelivered messages.
Although the Company’s messages are a free service, the text messages are a standard rated, non-premium service. As such, your mobile carrier’s standard message and data rates may apply. Please contact your wireless carrier for more information.
ELIGIBILITYTo participate in the Program, you must have a wireless cellular device of your own that is capable of two-way messaging using a participating wireless carrier. Further, you must be a resident of the United States and 18 years of age or older. The Company reserves the right to require you to prove that you are at least 18 years of age.
USER OPT-IN & TEXT-4-INFO
You may opt-in to the Program by texting START to your participating medical practice’s assigned telephone number from the mobile device registered with your participating medical practice’s electronic health record system. You may also text HELP in order to receive Customer Support information.
By submitting materials such as photos, you give the Company permission to edit, publish, promote or otherwise use such materials without additional permission, notice or compensation, and with no obligation of any kind to you, while waiving any rights or claims against the Company arising from the submission. You warrant that your entry is your original work and does not infringe upon or violate the rights of any third party.
To opt out of future messages at any time, text STOP to your participating medical practice’s assigned telephone number or reply STOP to any message received from the Company or your participating medical practice.
CARRIERS SUPPORTED (U.S. ONLY)
AT&T, Sprint, Boost, Virgin Mobile USA, T-Mobile®, Metro PCS, Verizon Wireless, US Cellular, Tier 2 & Tier 3 wireless.
Note: T-Mobile is not liable for delayed or undelivered messages
Delivery of information and content to your mobile device may fail due to a variety of circumstances and conditions. Delivery of text messages is subject to effective transmission from your wireless service provider/network operator, which is beyond the control of the Company. Accordingly, the Company is not liable for any delays or failures in the receipt of any text messages connected with this program or issues arising from the.
You agree to indemnify the Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify the Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
GOVERNING LAW & DISPUTE RESOLUTION
These Terms and Conditions are governed by the laws of the United States (including federal arbitration law) and the State of Utah, without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to these terms or any aspect of the relationship between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that you are waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by the Company that an in-person hearing is appropriate. The arbitrator’s decision will follow these terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
You warrant and represent to the Company that you have all necessary rights, power, and authority to agree to these terms and perform your obligations hereunder, and nothing contained in this agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these terms unless explicitly stated otherwise in writing.
CHANGES TO TERMS AND CONDITIONS
The Company reserves the right to change these terms from time to time. Any updates to these terms shall be communicated to you. You acknowledge your responsibility to review these terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these terms, as modified.
### TERMINATION OF TEXT MESSAGING
The Company may suspend or terminate your receipt of Company text messages if the Company believes you are in breach of these SMS and MMS Terms and Conditions. Your receipt of Company text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of Company text messages, with or without notice.
If you have additional questions you can email us at CustomerCare@athome.com. You can write to us at:
At Home Stores LLC
1600 E Plano Pkwy
Plano, TX 75074
Effective Date: August 28, 2017