The Key Rewards Terms and Conditions

Jump to Gold Terms & Conditions
Jump to Silver Terms & Conditions

Gold Program Terms & Conditions

These Program Terms apply to the Key Rewards Card or Key Rewards Visa (“Card(s)”) issued by Capital One N.A. These Program Terms are in addition to those set forth in your Customer Agreement governing your Key Rewards Visa or Key Rewards Card Account (your “Account”). Your Customer Agreement remains in full force and effect and is unaffected by these Program Terms.

Important note: These Program Terms apply to any disputes you may have with respect to the Williams-Sonoma, Inc. Gold Key Rewards Program (“Program”). Any disputes between you and Capital One related to your Account are governed by your Customer Agreement with Capital One. These Program Terms are subject to the jury trial waiver and arbitration provision included in the Program Terms that limit our liability to you, eliminate your right to a trial by jury, require you to resolve disputes with Williams-Sonoma, Inc. on an individual basis and not as a part of any class or representative action, and through final and binding arbitration. Please read these Program Terms carefully for important information about your rights and obligations in the Program.

The Program is provided by Williams-Sonoma, Inc. Williams-Sonoma, Inc. is solely responsible for Program operation and may withdraw the Program or change the terms of the Program at any time. The purpose of the Program is to reward customers for certain uses of their Card. The Program Terms may be supplemented with additional terms, conditions, and disclosures, including but not limited to applicable terms related to any promotional offers provided to you for use with the Program. For the most up-to-date terms, please visit thekeyrewards.com

General Information
The Program allows you to earn rewards (“Rewards”) on the dollars you spend using your Key Rewards Card or Key Rewards Visa Account.

Your Rewards automatically convert into “Reward Certificates” when your balance reaches a certain threshold; see thekeyrewards.com.

Rewards (also called Rewards Balance or Rewards Progress): Earnings on purchases using your Key Rewards Card or Key Rewards Visa that have not yet reached threshold for conversion into a Rewards Certificate and are not yet redeemable.

Rewards Certificate (also called Available Rewards): Earnings that have reached conversion threshold and have been converted into a certificate and are available to use. Limit 10 certificates per transaction.

In the event of any conflict between these Program Terms and your Customer Agreement, these Program Terms will control any matter relating to the Program.

Offer is exclusive to Williams-Sonoma, Inc. Credit Card holders enrolled in the Williams-Sonoma, Inc. Credit Card Gold Key Rewards program. This Rewards program is provided by Williams-Sonoma, Inc. and its terms may change at any time.

These terms are separate from the Williams-Sonoma, Inc. Key Rewards Terms (“Key Rewards Terms”) for Silver Rewards. The Key Rewards Terms govern your participation in the Williams-Sonoma, Inc. Key Rewards Program. For Key Rewards Program information, please visit: thekeyrewards.com.

All information collected about you in connection with the Program is subject to Williams-Sonoma, Inc.’s privacy policy, which can be obtained at williams-sonomainc.com/privacy/.

ENROLLMENT
Apply now for a Key Rewards Credit Card to enroll in Gold Key Rewards (subject to approval). No purchase is necessary. At this time, applications are available on any participating brand site, such as potterybarn.com/creditcard, Capital One sites, or in our stores.

Williams-Sonoma, Inc. is not responsible for communications, offers, or rewards sent to out-of-date email addresses.

EXCLUSIONS
International orders, taxes, shipping, gift wrap, monogramming, and items/services fulfilled by third parties (including warranties, eGiftcards, mobile Point of Sale and Square purchases) are not eligible to earn rewards. Installation Services, volume gift card purchases, bulk orders, donations and bag fees are also not eligible to earn rewards. The Program excludes purchases and redemptions at Rejuvenation and GreenRow. Williams-Sonoma, Inc. reserves the right to add additional exclusions at any time, as needed.

RETURNS
Gold Key Rewards are refundable if item(s) purchased with Gold Key Rewards are returned within the 180-day Gold Key Reward expiration window. At time of return, the Member will not receive new Gold Key Rewards, but any Key Reward balance will be available the next day through the online Gold Key Rewards Dashboard, at registers in-store at time of purchase, and through our Care Center until they expire. An emailed Gold Key Reward will also be sent with the remaining balance. Same-day cancellations purchased with Gold Key Rewards online or as phone orders may not be reflected in the Gold Key Rewards Dashboard for up to 24 hours.

Returned items may result in a reduction of or elimination of accumulated Gold Key Rewards.

Expiration
• Rewards Balances will expire after 24 months of inactivity on the rewards account.
• Reward Certificates expire 180 days from the date they are issued.

Termination and Forfeiture
• Subject to any requirements or limitations of applicable law, Williams-Sonoma, Inc. may at any time for any reason change or terminate the Program and these Program Terms.
• Williams-Sonoma, Inc. reserves the right to terminate you from the Program and to deny future membership if Williams-Sonoma, Inc. deems your conduct to violate these Terms.
• Resellers are excluded from the program and from receiving Rewards. If Williams-Sonoma, Inc. mistakenly issues Rewards for resale purchases, it reserves the right to deduct those improperly awarded Rewards and/or to invalidate improperly issued Reward Certificates as well as to terminate such accounts. If you are found, in the sole discretion of Williams-Sonoma, Inc. to be a reseller, your account may be terminated.
• If the Program terminates or your Account is closed, all Rewards balances may be forfeited. Additionally, your Rewards balance will be forfeited if you or any authorized user violates the Program Terms or engages in any fraudulent activity, misuse or any activity deemed to be abusive or gaming conduct related to the Program as determined in Williams-Sonoma, Inc.’s sole discretion.

Other Terms
• Credit Card offers are subject to credit approval.
• Rewards and Reward Certificates may not be sold, transferred, or altered in any way by you.
• Rewards you earn may not be combined with Rewards earned on any other credit account or earned by anyone else (other than your Authorized User).
• Purchases will only qualify towards earning rewards after they have shipped.
• Rewards and Reward Certificates have no cash value and are purely for promotional purposes.
• Rewards and Rewards Certificates cannot be redeemed for cash.
• Reward Certificates can be used on multiple purchases, as well as design services, across brands, both in store and on websites or on the phone, until balance is used in full or until expiration date. The brands included are: Pottery Barn, Pottery Barn Kids, Pottery Barn Teen, Williams Sonoma, west elm, Williams Sonoma Home, and Mark and Graham.
• To receive your Reward Certificate, your credit card account must be in good standing, which means the credit card account cannot be suspended, restricted, delinquent, or otherwise in default. Reward Certificates may not be used as payment for any outstanding obligations to Capital One or its affiliates.
• Rewards are not property and customers have no property interest in Rewards or Rewards Balances. You may review your Rewards balance via the Williams-Sonoma, Inc. brand websites, Capital One Account Center, or Capital One billing statement. It may take up to two billing cycles for Rewards to post.

Communications and Customer Service
• Williams-Sonoma, Inc. may send communications regarding the Program by mail, phone, email or other methods, including through an online account center or mobile app. By providing your mobile phone number, Williams-Sonoma, Inc. may contact you about this Program. If you have any questions about the Program or to update your contact information, please call the number on the back of your card or email customerservice@thekeyrewards.com.
• You are responsible for keeping your information current. Williams-Sonoma, Inc. is not responsible for Reward Certificate communications lost or undelivered due to an incorrect or outdated address or email.
• You can review your credit card charge history on your billing statement or on the Capital One Account Center.

Rewards Disputes
If Rewards you believe were earned have not posted to your Rewards balance, you may dispute your Rewards balance (“Rewards Dispute”) by calling the phone number on the back of your card or by emailing Williams-Sonoma, Inc. at customerservice@thekeyrewards.com. Williams-Sonoma, Inc. will use reasonable efforts to investigate your Rewards Dispute if you notify Williams-Sonoma, Inc. within 90 days of the posting date. If you do not notify Williams-Sonoma, Inc. within that period, you waive your right to make a Rewards dispute with respect to that purchase. Williams-Sonoma, Inc. may require you to provide written confirmation of the dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation or a valid receipt. Upon completion of the investigation, Williams-Sonoma, Inc. will have no further responsibilities if you later reassert the same Rewards Dispute.

OPT-IN/PRIVACY

By providing your enrollment information, you are opting in to “Key Rewards” Program communications, including email and social postings, as well as email communications from our family of brands. You are also giving permission to the Program to use your transaction and profile data to send personalized Program communications and special offers.
Your information will be used in accordance with Williams-Sonoma, Inc.’s privacy policy, available at williams-sonomainc.com/privacy/.

TEXT MESSAGING PROGRAM TERMS

Williams-Sonoma, Inc. offers its customers mobile alerts about order and shipping updates, Gold Key Rewards, early access deals, and other marketing messages about events, new products, and other offers by SMS message (the “Service”). By participating in the Service, you are agreeing to these Terms and Conditions and to the Williams-Sonoma online Terms of Use and Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old (except in Alabama and Nebraska, 19 years old). Before the Service will start, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this Service and your agreement to these Terms and Conditions. Williams-Sonoma, Inc. reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:
• authorize Williams-Sonoma, Inc. to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
• acknowledge that you do not have to agree to receive messages as a condition of purchase.
• confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
• consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call 1.877.812.6235. To view and retain an electronic copy of these Program Terms and Conditions or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Messages You May Receive
Once you affirm your choice to opt in to the Service, your message frequency may vary. You may receive an alert when:
• you are welcomed into the Service
• an order has been placed
• an order has been delivered
• an item or items has shipped; an item or items are ready for an in-store pick up
• there are available Key Rewards
• an available Key Reward is about to expire
• there are early access promotions or private sales pertaining to your Key account
• there are general marketing or promotions

Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Williams-Sonoma, Inc. may add or remove any wireless carrier from the Service at any time without notice. Williams-Sonoma, Inc. and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service
To stop receiving text messages from Williams-Sonoma, Inc., text the word STOP to 86724 any time or reply STOP to any of the text messages you have received from Williams-Sonoma, Inc. For Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Williams-Sonoma, Inc. and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Williams- Sonoma, Inc. through any other programs you have joined until you separately unsubscribe from those programs. These Terms and Conditions still will apply if you withdraw the consent mentioned above or opt out of the Service.

Questions
You can text HELP for help at any time. This will provide you a link to the terms and conditions along with a phone number to call for assistance. You can also contact Williams-Sonoma, Inc. at 1.877.812.6235.

Mobile Phone Number Change
In the event that you change or deactivate your mobile phone number, you agree to notify Williams-Sonoma, Inc. by customerservice@williams-sonoma.com or calling 1.877.812.6235.

Limited Liability
• Unless otherwise required by law, neither Williams-Sonoma, Inc. nor Capital One, nor any of our or its affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with the Program or these Program Terms, including but not limited to, use of the Program and any redemption for or purchase of products or services through the Program.
• Important note: Notwithstanding the foregoing, any liability that Williams-Sonoma, Inc. may have to you in connection with the Program shall be limited to the amount of any Rewards you have earned in accordance with these Program Terms.

No Warranties
Williams-Sonoma, Inc. and all subsidiaries and affiliates make no warranty, express or implied, including but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program or any products or services related to such Program.

Taxes
You are responsible for any tax liability that may result from participation in the Program or use of any Rewards or Reward Certificates. Consult your tax advisor concerning such tax consequences.

Cancelling Program Participation
If you want to cancel your participation in the Program, you must close your Account. If you cancel your participation in the Program, you will no longer earn Rewards and you will forfeit your unused and unexpired Rewards. Your cancellation will not affect any previously redeemed Reward Certificates.

Governing Law; Assignment
The Program and these Program Terms are governed by federal law and, to the extent state law applies, the laws of the State of Delaware. You may not assign your rights or obligations under these Program Terms to any other person or entity.

Informal Dispute Resolution
Williams-Sonoma, Inc. tries to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and Williams-Sonoma, Inc. agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and Williams-Sonoma, Inc.. To initiate this good faith effort to informally resolve a dispute you agree to notify Williams-Sonoma, Inc. in writing at 3250 Van Ness Ave. San Francisco, CA 94109 Attention: Legal Department of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that Williams-Sonoma, Inc. can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with Williams-Sonoma, Inc.. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or Williams-Sonoma, Inc. may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and Williams-Sonoma, Inc. agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date Williams-Sonoma, Inc. receives your notice. A court of competent jurisdiction 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.

Arbitration Agreement & Waiver of Certain Rights
You and Williams-Sonoma, Inc. agree that, except as set forth below, Williams-Sonoma, Inc. will resolve any controversies, claims, counterclaims, or other disputes between you and Williams-Sonoma, Inc. or you and a third-party agent of Williams-Sonoma, Inc. (a “Claim”) through final and binding arbitration instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and Williams-Sonoma, Inc. hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. A court of competent jurisdiction will exclusively determine whether the parties have entered into a valid and enforceable agreement to arbitrate their Claims, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied.

To begin an arbitration proceeding, you must send Williams-Sonoma, Inc. an individual letter signed by you requesting arbitration and describing your claim at 3250 Van Ness Ave. San Francisco, CA 94109 Attention: Legal Department. This letter must be sent at least five (5) days before you initiate an arbitration proceeding against Williams-Sonoma, Inc..

Any party to the arbitration, at any time more than ten (10) days before arbitration, may serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Williams-Sonoma, Inc. will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. Notwithstanding the foregoing, if your attorney is paying the administrative costs, filings fees, arbitrator fees, and other associated arbitral costs on your behalf, and your attorneys’ may recover all or a portion of those fees only if you obtain an award in the arbitration, your attorney must evenly split all costs with Williams-Sonoma, Inc. initially.

This arbitration agreement does not preclude you or Williams-Sonoma, Inc. from seeking action by federal, state, or local government agencies. You and Williams-Sonoma, Inc. also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you and Williams-Sonoma, Inc. retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Program Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Program Terms.

Neither you nor Williams-Sonoma, Inc. may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class or representative basis. The arbitrator can decide only your and/or Williams-Sonoma, Inc.’s individual Claims.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a Claim proceeds in court rather than in arbitration you and Williams-Sonoma, Inc. each waive any right to a jury trial. No waiver of any provision of this Section of the Program Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Program Terms. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any 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. This Section of the Program Terms will survive the termination of your relationship with Williams-Sonoma, Inc.

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 OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WILLIAMS-SONOMA, INC. WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Mass Arbitration Process Requirements
If twenty-five (25) or more similar claims are asserted against Williams-Sonoma, Inc. at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such claim), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Williams-Sonoma, Inc. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which Williams-Sonoma, Inc. will pay the mediator’s fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Williams-Sonoma, Inc. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which Williams-Sonoma, Inc. will pay the mediator’s fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. At any time during these proceedings, Williams-Sonoma, Inc. agrees to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claims and filing fee deadlines shall be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against Williams-Sonoma, Inc. Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and Williams-Sonoma, Inc. agree that your and Williams-Sonoma, Inc.’s counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

Complete Agreement; Severability; Conflicts; No Waiver
These Program Terms supersede any previous terms and conditions governing the Program. The Program is not available where and to the extent prohibited by law. If any part of these Program Terms conflict with applicable law, that provision will be deemed severed from these Program Terms and the remainder of the Program Terms will remain in effect. Williams-Sonoma, Inc. will not lose our rights under these Program Terms because Williams-Sonoma, Inc. chooses to delay or not enforce them.

Silver Program Terms & Conditions

Silver Key Rewards is a loyalty program (“Silver Key Rewards” or the “Program”) offered by Williams-Sonoma, Inc. and is separate from the brand credit card programs. If you are enrolled in the brand credit card program (“Cardholders”), you are enrolled into Silver Key Rewards when you enroll for a credit card or when your existing credit card is converted to a Capital One credit card. Members of the Program (“Silver Key Members”) are responsible for remaining familiar with these Program Terms and Conditions. These Terms and Conditions apply to your participation in the Program.

These Terms and Conditions are subject to the jury trial waiver and arbitration provision included in the Terms and Conditions that limit our liability to you, eliminate your right to a trial by jury, require you to resolve disputes with Williams-Sonoma, Inc. on an individual basis and not as a part of any class or representative action, and through final and binding arbitration. Please read these Terms and Conditions carefully for important information about your rights and obligations in the Program.

THESE TERMS AND CONDITIONS MAY CHANGE
Williams-Sonoma, Inc. reserves the right to update or modify these Terms and Conditions at any time without prior notice. Those changes will go into effect on the Last Updated Date shown in the revised Terms and Conditions. For this reason, Williams-Sonoma, Inc. encourages you to review these Terms and Conditions whenever you visit the Program websites.

ENROLLMENT
It is free to enroll in Silver Key Rewards. No purchase is necessary. At this time, enrollment is available on any participating brand site, such as potterybarn.com/thekey/, over the phone or in our stores. Participating brands include: Pottery Barn, Pottery Barn Kids, Pottery Barn Teen, west elm, Williams Sonoma, Williams Sonoma Home and Mark and Graham, including Outlet locations (the “Williams-Sonoma, Inc. Brands”). At this time, Rejuvenation and GreenRow are not included in Silver Key Rewards.

To enroll in Silver Key Rewards in store, online or via phone, simply provide your first and last name, birthday and month, a mailing address, an email address and a unique phone number that you have the right to use. Silver Key Members are responsible for keeping contact information up to date by calling customer service at 1-844-445-7670. Williams-Sonoma, Inc. is not responsible for communications, offers, or rewards sent to out-of-date email addresses.

ELIGIBILITY
Silver Key Members must be at least 13 years old and legal residents of the United States or Puerto Rico to be eligible to enroll in the Program. If you are a minor in your state of residence, your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only participate in the Program with permission from your parent or legal guardian.

Williams-Sonoma, Inc. employees and their families are eligible to participate in the Program. Members of the Williams-Sonoma, Inc. B2B Program are eligible to participate in the Program.

EARNING
In order to earn rewards on each purchase, Silver Key Members must identify themselves at the time of purchase, either in-store, on the phone or online, by entering the same phone number that was used to enroll. Assuming the registered phone number is used, Silver Key Members who are not using their Card will qualify for 2% back in rewards on United States, including Puerto Rico, eligible purchases, before taxes and shipping and Members who are also Cardholders will qualify for the rewards associated with their card.

Rewards cannot be earned on items or portions of items purchased with any rewards, gift cards or merchandise cards. Purchases will only qualify towards earning rewards once they have shipped.

Silver Key Members are eligible to earn rewards every time they shop online, in store or on the phone via our Care Center at any of the Williams-Sonoma, Inc. Brands. Rewards can also be earned on design services, except where exclusions apply (see Exclusions below). At this time, Rejuvenation and GreenRow are not included in Silver Key Rewards at this time. Silver Key Rewards is available only to residents of the United States and Puerto Rico, and is not available at stores or websites in countries outside of the United States or Puerto Rico, either via border-free or Williams-Sonoma, Inc. international affiliates or Canadian-based stores.

There will be a minimum 30-day waiting period from time of transaction or ship date, whichever is later, until rewards “vest.”

Williams-Sonoma, Inc. is unable to retroactively apply rewards for those customers who did not identify themselves with appropriate account information at time of purchase.

While Cardholders are automatically enrolled in the Program, Cardholders are also subject to additional Cardholder terms, which will be provided separately by Capital One when you apply for a credit card. Please visit your Capital One account or contact Capital One at the number on the back of your card for more details. Capital One issues credit cards to the Cardholder and is in no way affiliated with or responsible for the Program. Any disputes concerning rewards under Silver Key Rewards will not affect any payments or other obligations to Capital One.

Silver Key Rewards are issued via email.

Resellers are excluded from the Program and from receiving Silver Key Rewards. If Williams-Sonoma, Inc. mistakenly issues Silver Key Rewards for resale purchases, it reserves the right to deduct those improperly awarded Silver Key Rewards and/or to invalidate improperly issued Silver Key Rewards as well as to terminate such accounts. If you are found, in the sole discretion of Williams-Sonoma, Inc. to be a reseller, your account may be terminated.

EXCLUSIONS
International orders, taxes, shipping, gift wrap, monogramming, and items/services fulfilled by third parties (including warranties, Williams Sonoma Wine, eGiftcards, mobile Point of Sale and Square purchases) are not eligible to earn rewards. Installation Services, volume gift card purchases, bulk orders, donations and bag fees are also not eligible to earn rewards. The Program excludes purchases and redemptions at Rejuvenation and GreenRow. Williams-Sonoma, Inc. reserves the right to add additional exclusions at any time, as needed.

REWARDS
Silver Key Rewards can be used on eligible purchases between the dates of issuance and expiration. Once Silver Key Rewards have vested, Silver Key Rewards are issued in $10 increments via email; therefore, a valid email address is required. Silver Key Rewards are issued electronically with a 90-day expiration date to the Member’s registered email address after a 30-day post-purchase or post-shipment vesting period. Any remaining balance that has not generated a reward will expire after two years of inactivity. If a Member misplaces their emailed rewards, she or he can access their rewards through Silver Key Rewards on any participating brand website, via their Apple or Android digital wallet, at registers at time of purchase in store, or on the phone with our Care Center until it expires. Williams-Sonoma, Inc. is not responsible for lost, stolen, or misdelivered Silver Key Rewards. Limit 10 certificates per transaction.

Rewards can be used on multiple purchases, as well as design services, across brands, both in store and on websites or on the phone, until balance is used in full or until expiration date. The brands included are: Pottery Barn, Pottery Barn Kids, Pottery Barn Teen, Williams Sonoma, west elm, Williams Sonoma Home, and Mark and Graham.

Rewards earned are not transferable and may not be sold, resold, exchanged or bartered. Rewards have no cash value and cannot be exchanged for cash. Rewards cannot be used to purchase gift cards or third-party services. Unused and expired balances will be forfeited. Rewards are not property and customers have no property interest in rewards points. Additional exclusions may apply — see your rewards email for details and specific exclusions.

Bonus Rewards for Special Offers: From time to time, Williams-Sonoma, Inc. may make bonus offers to earn additional rewards (“Bonus Rewards”) for Silver Key Members. Silver Key Members should read each offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus Reward limits, or exclusions. Silver Key Members may have to register to qualify for the offer. Williams-Sonoma, Inc. may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Rewards already earned. Certain offers may only be communicated via email.

CANCELLATION AND CLOSURE OF ACCOUNT
Silver Key Members have the right to cancel memberships at any time by calling the Williams-Sonoma, Inc. Care Center at 1-844-445-7670. By canceling a membership, accounts will be closed and any rewards balance forfeited, and Program benefits will end. Williams-Sonoma, Inc., at its sole discretion, may terminate memberships without notice if continued use would violate any terms of the Program. Williams-Sonoma, Inc. may cancel the program at any time. Williams-Sonoma, Inc. may close your account after 24 months of inactivity on the account.

Cardholders who cancel their cards will still be enrolled in the Program and will still be eligible to earn Silver Key Rewards, unless they cancel.

RETURNS
Silver Key Rewards are refundable if item(s) purchased with Silver Key Rewards are returned within the 90-day Silver Key Reward expiration window. At time of return, the Member will not receive new Silver Key Rewards, but any Key Reward balance will be available the next day through the online Silver Key Rewards Dashboard, at registers in-store at time of purchase, and through our Care Center until they expire. An emailed Silver Key Reward will also be sent with the remaining balance. Same-day cancellations purchased with Silver Key Rewards online or as phone orders may not be reflected in the Silver Key Rewards Dashboard for up to 24 hours.

Returned items may result in a reduction of or elimination of accumulated Silver Key Rewards.

OPT-IN/PRIVACY
By providing your enrollment information, you are opting in to “Silver Key Rewards” Program communications, including email and social postings, as well as email communications from our family of brands. You are also giving permission to the Program to use your transaction and profile data to send personalized Program communications and special offers.

Your information will be used in accordance with Williams-Sonoma, Inc.’s privacy policy, available at williams-sonomainc.com/privacy/.

TEXT MESSAGING PROGRAM TERMS
Williams-Sonoma, Inc. offers its customers mobile alerts about order and shipping updates, Silver Key Rewards, exclusive/early access deals, and other marketing messages about events, new products, and other offers by SMS message (the “Service”). By participating in the Service, you are agreeing to these Terms and Conditions and to the Williams-Sonoma online Terms of Use and Privacy Policy.

Signing Up and Opting-In to the Service: Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old (except in Alabama and Nebraska, 19 years old). Before the Service will start, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this Service and your agreement to these Terms and Conditions. Williams-Sonoma, Inc. reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

authorize Williams-Sonoma, Inc. to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in);
acknowledge that you do not have to agree to receive messages as a condition of purchase;
confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in;
consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call 1.877.812.6235. To view and retain an electronic copy of these Program Terms and Conditions or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Messages You May Receive: Once you affirm your choice to opt in to the Service, your message frequency may vary. You may receive an alert when:

you are welcomed into the Service;
an order has been placed;
an order has been delivered;
an item or items has shipped;
an item or items are ready for an in-store pick up;
there are available Key Rewards;
an available Key Reward is about to expire;
there are early access promotions or private sales pertaining to your Key account;
there are general marketing or promotions.

Charges and Carriers: Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Williams-Sonoma, Inc. may add or remove any wireless carrier from the Service at any time without notice. Williams-Sonoma, Inc. and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service: To stop receiving text messages from Williams-Sonoma, Inc., text the word STOP to 86724 any time or reply STOP to any of the text messages you have received from Williams-Sonoma, Inc. For Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Williams-Sonoma, Inc. and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Williams- Sonoma, Inc. through any other programs you have joined until you separately unsubscribe from those programs. These Terms and Conditions still will apply if you withdraw the consent mentioned above or opt out of the Service.

Questions: You can text HELP for help at any time. This will provide you a link to the terms and conditions along with a phone number to call for assistance. You can also contact Williams-Sonoma, Inc. at 1.877.812.6235. Mobile Phone Number Change: In the event that you change or deactivate your mobile phone number, you agree to notify Williams-Sonoma, Inc. by customerservice@williams-sonoma.com or calling 1.877.812.6235.

DISCLAIMER
THIS PROGRAM, AND ALL CONTENT AVAILABLE ON THE RELATED WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR PARTICIPATION IN THE PROGRAM AND USE OF RELATED WEBSITES, AS APPLICABLE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT WILLIAMS-SONOMA, INC. AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE OR OUR MOBILE APPLICATIONS.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILLIAMS-SONOMA, INC. AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE PROGRAM OR RELATED WEBSITES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE OR MOBILE APPLICATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILLIAMS-SONOMA, INC. AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE PROGRAM OR RELATED WEBSITES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE PROGRAM OR RELATED WEBSITES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE PROGRAM WEBSITES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE PROGRAM WEBSITES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WILLIAMS-SONOMA, INC. OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE PROGRAM OR RELATED WEBSITES, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Williams-Sonoma, Inc. 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.

INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Williams-Sonoma, Inc. and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms and Conditions by you or anyone using your account. If Williams-Sonoma, Inc. assumes the defense of such a matter, you will reasonably cooperate with Williams-Sonoma, Inc. in such defense.

INFORMAL DISPUTE RESOLUTION
Williams-Sonoma, Inc. tries to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and Williams-Sonoma, Inc. agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and Williams-Sonoma, Inc.. To initiate this good faith effort to informally resolve a dispute you agree to notify Williams-Sonoma, Inc. in writing at 3250 Van Ness Ave. San Francisco, CA 94109 Attention: Legal Department of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that Williams-Sonoma, Inc. can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with Williams-Sonoma, Inc.. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or Williams-Sonoma, Inc. may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and Williams-Sonoma, Inc. agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date Williams-Sonoma, Inc. receives your notice. A court of competent jurisdiction 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.

ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS
You and Williams-Sonoma, Inc. agree that, except as set forth below, Williams-Sonoma, Inc. will resolve any controversies, claims, counterclaims, or other disputes between you and Williams-Sonoma, Inc. or you and a third-party agent of Williams-Sonoma, Inc. (a “Claim”) through final and binding arbitration instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and Williams-Sonoma, Inc. hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. A court of competent jurisdiction will exclusively determine whether the parties have entered into a valid and enforceable agreement to arbitrate their Claims, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied.

Any party to the arbitration may, at any time more than ten (10) days before arbitration, serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.

This arbitration agreement does not preclude you or Williams-Sonoma, Inc. from seeking action by federal, state, or local government agencies. You and Williams-Sonoma, Inc. also have the right to bring qualifying claims in small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you and Williams-Sonoma, Inc. retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.

Neither you nor Williams-Sonoma, Inc. may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Williams-Sonoma, Inc.’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a claim proceeds in court rather than in arbitration you and Williams-Sonoma, Inc. each waive any right to a jury trial. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms and Conditions. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any 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. This Section of the Terms and Conditions will survive the termination of your relationship with Williams-Sonoma, Inc.

Mass Arbitration Process Requirements
If twenty-five (25) or more similar claims are asserted against Williams-Sonoma, Inc. at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such claim), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Williams-Sonoma, Inc. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which Williams-Sonoma, Inc. will pay the mediator’s fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Williams-Sonoma, Inc. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which Williams-Sonoma, Inc. will pay the mediator’s fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. At any time during these proceedings, Williams-Sonoma, Inc. agrees to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claims and filing fee deadlines shall be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against Williams-Sonoma, Inc. Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and Williams-Sonoma, Inc. agrees that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

OTHER PROVISIONS
To the extent any action relating to the Program is not required to be arbitrated or filed in small claims court in accordance with the Arbitration Agreement, any action relating to the use of the Program and related websites or any transaction with Williams-Sonoma, Inc. must be brought in the state or federal courts located in the County of San Francisco, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

Except as otherwise described in these Terms and Conditions, these Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.

Under no circumstances will Williams-Sonoma, Inc. be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions.

The failure by Williams-Sonoma, Inc. to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future.

Williams-Sonoma, Inc. may assign our rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law

Last Updated: April 2024