12Gates Rewards

MEMBERSHIP POLICIES

Members must be 18 years of age or older, legal residents of the United States or Puerto Rico, and have a valid form of identification. The annual membership fee covers a 12-month period from the date of enrollment of the Primary Member (as defined below). Memberships are non-transferable and are valid at all 12Gates locations. 12Gates reserves the right to accept, refuse, or revoke Membership with or without cause at any time at its sole discretion.

The primary or registered Member ("Primary Member") is solely responsible for Membership, including account maintenance. All Primary Members may add one (1) complimentary household Member, which may be the Primary Member’s spouse, domestic partner, or person living in the same household with the Primary Member who is 18 years of age or older. To receive Membership benefits, the applicable purchase must be made by the Primary Member or the Primary Member’s designated complimentary household Member.

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MEMBERSHIP BENEFITS

For information about 12Gates Rewards Membership benefits, please visit our website at www.12Gatesempire.com/12Gates-rewards-benefits.html. All benefits are subject to these Terms and are granted by 12Gates separate and apart from any warranties or other benefits given by the manufacturers of the items purchased in connection with your Membership.

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EARNING AND EXPIRATION OF MATHIS REWARDS POINTS

Members will earn 12Gates Rewards Points ("Points") as a benefit of Membership. Members earn Points based on every whole dollar spent on an eligible purchase (excluding tax, shipping charges and fees) 30 days after the item(s) have been purchased and shipped. Points earned may be used as a form of payment for future eligible purchases. Please note that points are not eligible to be used for future purchases made through leasing companies such as Acceptance Now and/or Progressive Leasing. A Member can confirm his or her earned Points balance by inquiring with a 12Gates in-store representative or over the phone by using the following toll-free number:: (844) 294-3435.

POINTS ACCRUED IN YOUR MEMBERSHIP ACCOUNT EXPIRE 36 MONTHS AFTER THE DATE OF THE QUALIFYING PURCHASE UPON WHICH SUCH POINTS WERE EARNED; PROVIDED, THE MEMBER MAINTAINS HIS OR HER MEMBERSHIP DURING SUCH 36-MONTH PERIOD. POINTS ACCRUED IN A MEMBER’S MEMBERSHIP ACCOUNT WILL EXPIRE UPON CANCELLATION OF THE ASSOCIATED MEMBERSHIP OR THE EXPIRATION OF THE ASSOCIATED MEMBERSHIP, WHICH IS 12 MONTHS FROM THE MEMBERSHIP’S ORIGINAL PURCHASE DATE OR ITS MOST RECENT RENEWAL DATE, AS APPLICABLE. A MEMBER WILL HAVE 45 DAYS TO PURCHASE AND RENEW ITS MEMBERSHIP FOLLOWING THE EXPIRATION OF EACH 12-MONTH MEMBERSHIP PERIOD. IF A MEMBERSHIP IS RENEWED WITHIN THE FOREGOING 45-DAY GRACE PERIOD, THE ACCRUED POINTS ASSOCIATED WITH THE MEMBERSHIP FROM PRIOR MEMBERSHIP PERIODS MAY BE USED DURING THE SUCCEEDING 12-MONTH MEMBERSHIP PERIOD; PROVIDED, AND EXCEPT FOR POINTS EARNED ON OR BEFORE NOVEMBER 30, 2021 (AS DESCRIBED BELOW), IN NO CIRCUMSTANCES MAY POINTS BE USED LATER THAN 36 MONTHS FOLLOWING THE DATE UPON WHICH SUCH POINTS WERE EARNED. THE OLDEST ACCRUED POINTS WILL BE USED FIRST FOR REDEMPTIONS. For example, if you earn Points on December 15, 2021, they will expire on December 15, 2023; provided, such Points did not previously expire due to the Member’s failure to timely renew his or her Membership.

STRICTLY FOR PURPOSES OF THE POINTS EARNED BY MEMBERS ON OR BEFORE NOVEMBER 30, 2021, IF A MEMBER’S MEMBERSHIP EXPIRES OR IS CANCELLED, ANY POINTS EARNED BY SUCH MEMBER ON OR BEFORE NOVEMBER 30, 2021 WILL BE REDEEMABLE ONCE THE MEMBER’S MEMBERSHIP IS REINSTATED OR RENEWED DESPITE SUCH REINSTATEMENT OR RENEWAL OCCURRING MORE THAN 45 DAYS FOLLOWING EXPIRATION OF THE UNDERLYING MEMBERSHIP. For example, assume a Member purchases a membership on July 15, 2021, and during the following 12-month period the Member earns and accrues Points on eligible purchases. However, that Member’s Membership expires on July 15, 2022 and the accrued Points were never used. If that former Member returns and, on January 10, 2023, purchases and renews his or her Membership and satisfies all other Member-obligations under these Terms, then the Member will be permitted to apply any unused Points awarded to that Member on or before November 30, 2022. For more information about the 12Gates Points program, including information on the rate at which Points are earned, please visit our website at www.12Gatesempire.com/12Gates-rewards-benefits.html.

Points are not transferable and may not be sold, resold, exchanged or bartered. Points have no cash value and cannot be exchanged for cash. Points cannot be used to purchase gift cards or third party services. Additional exclusions may apply.

To the extent item(s) purchased with Points are returned in accordance with all applicable return policies, absent a permitted exchange for another item, the Points applied to the original purchase will be credited back to the Member’s 12Gates Rewards account.

In order to earn Points on qualifying purchases, Members must identify themselves at the time of purchase, either in-store, on the phone or online, by providing the same information that was used to enroll for Membership.

Retro-Active Earning: At this time, we are unable to retroactively apply Points for those Members who did not identify themselves with appropriate account information at time of purchase. However, for Members who do identify themselves with appropriate account information, they will receive credit for eligible purchases made on or after January 1, 2021.

Additional Exclusions: International orders, taxes, shipping charges, delivery fees, warranties and items fulfilled by third parties are not eligible to earn Points. Installation services, parts, repairs, gift card purchases, bulk orders, donations, Membership fees or charges, and bag fees are also not eligible to earn Points. Purchases made prior to January 1, 2021 are not eligible. We reserve the right to add additional exclusions at any time, as needed.

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AGREEMENT CHANGES

We reserve the right, in our discretion, to make changes to these Terms, the Membership benefits, or any other aspect of Membership, without notice to you. You are responsible for remaining familiar with the Terms and Membership benefits. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS OR THE BENEFITS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions

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MEMBERSHIP CANCELLATION

You may cancel your Membership any time by contacting our customer service department, which will coordinate the cancellation, by using the following (i) toll free number: (844) 294-3435, (ii) e-mail address:12Gatesrewards@12Gatesempire.com, or (iii) mailing address: PO Box 96852, Oklahoma City, OK 73143, Attn: 12Gates Rewards Membership. Except as otherwise provided in the applicable Terms or as prohibited by applicable law, Membership fees are non-refundable. If a Membership is cancelled, all Membership benefits will end while the Membership is inactive including, but not limited to, eligibility to earn Points.

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MEMBERSHIP FEES

The Membership fee for 12Gates Rewards is stated in the 12Gates Rewards section of our benefits description located on our website at www.12Gatesempire.com/12Gates-rewards-benefits.html. From time to time, we may offer different membership terms, and the fees for such membership may vary. The Membership fee is non-refundable except as expressly set forth in these Terms. Taxes may apply on either or both of the Membership fee and the reduced shipping charges for 12Gates Rewards.

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AUTO RENEW PROGRAM

MEMBERS HAVE THE OPPORTUNITY TO ENROLL IN THE AUTO RENEW PROGRAM. ALL NEW MEMBERS WILL BE AUTOMATICALLY ENROLLED IN THE AUTO RENEW PROGRAM, UNLESS THEY DO NOT PROVIDE INFORMATION REQUIRED FOR ENROLLMENT AT THE TIME OF MEMBERSHIP SIGN-UP OR HAVE SPECIFICALLY OPTED OUT OF THE PROGRAM.

If a Member is enrolled in the Auto Renew Program, 12Gates will charge the Membership fee, plus any applicable taxes, to the Member’s account approximately one day before the end of each Membership term. By enrolling in the Auto Renew Program, a Member authorizes 12Gates to charge the scheduled payments to the account identified for payment, or any other account on file, and represents that the Member is the owner or authorized user of the account(s).

12Gates will send information about the Auto Renew Program and Membership renewal by email only. A valid email address is required for enrollment in the Auto Renew Program. Members may update contact information by contacting our customer service department and providing their current contact information, using the following (i) toll free number: (844) 294-3435, or (ii) e-mail address: 12Gatesrewards@12Gatesempire.com. Members may revoke consent to receive emails about the Auto Renew Program in the manner described above for updating Members contact information. By enrolling in the Auto Renew Program, a Member agrees to receive communication about Membership renewals only by email and to receive marketing and promotional email from 12Gates.

A Member’s authorization under the Auto Renew Program allows 12Gates to adjust the scheduled charge to reflect any changes to the Membership fee or taxes. 12Gates will notify the Member by email, at least 30 days prior to making any charge or change to the annual membership fee. Although payment will usually be withdrawn on the scheduled date, the Member should allow several days for processing. 12Gates will not send a bill before making the charges, and it is the Member’s responsibility to ensure sufficient funds are available at the time of each payment.

ALL AUTHORIZATIONS UNDER THE AUTO RENEW PROGRAM REMAIN IN EFFECT UNTIL THE AUTOMATIC RENEWAL OPTION IS CANCELLED. CONTINUED PARTICIPATION IN THE AUTO RENEW PROGRAM AFTER ANY CHANGES TO THESE TERMS OR CHANGES TO THE MEMBERSHIP FEE CONSTITUTES ACCEPTANCE OF THE CHANGES. IF THE MEMBER DOES NOT AGREE TO ANY CHANGES, THE MEMBER MUST CANCEL THE MEMBERSHIP AND/OR AUTOMATIC RENEWAL.

Members may cancel automatic renewal at any time by contacting our customer service department, which will coordinate cancellation of the automatic renewal feature of that particular Member’s membership, by using the following (i) toll free number: (844) 294-3435 or (ii) e-mail address: 12Gatesrewards@12Gatesempire.com. If a Member cancels automatic renewal, the current Membership remains active unless it is canceled as well. A Member can keep the Membership active and renew it by calling(844) 294-3435. To cancel the Membership, the Member must contact our customer service department by using the following (i) toll free number:(844) 294-3435, (ii) e-mail address: 12Gatesrewards@12Gatesempire.com, or (iii) mailing address: PO Box 96852, Oklahoma City, OK 73143, Attn: 12Gates Rewards Membership.

Primary Members will be automatically billed for Membership renewal unless otherwise specified. Primary Members will not receive a renewal notice, unless enrolled in the Auto Renew Program, and then a renewal notice will be provided only by email. The Primary Member may authorize renewal or cardholder changes. However, 12Gates reserves the right to not allow complimentary household members to make any changes to a Membership at its sole discretion at any time. Members may renew in a 12Gates store or over the phone by using the following toll-free number: (844) 294-3435.

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PAYMENT

We accept checks, cash, American Express®, MasterCard®, Visa®, Discover®, and ATM debit cards (charged as credit cards). Personal checks must be preprinted from Member’s personal checking account with Member’s name, address and phone number written in the exact amount of the purchase. Photo ID (such as a driver’s license or U.S. passport) will be required, in addition to other standard requirements.

If all eligible payment methods we have on file for you are declined for payment of your Membership fee, you must provide us a new eligible payment method promptly or your Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new Membership period will be based on the date of the successful charge.

A tax-exempt organization may purchase tax-free. All items purchased must be used exclusively by the tax-exempt organization for tax-exempt purposes only. To obtain tax-exempt purchasing privileges, Members must present a valid state tax-exempt number or Sales and Use tax license (or photo copy) with a Membership application and with each annual renewal for so long as the Membership is maintained. To continue any tax-exempt purchasing privileges, it is the Member’s sole responsibility to present the applicable licenses upon Membership renewal.

If the Member buys any property for resale and uses that property for any purpose other than retention, demonstration or display while holding it for sale, the law requires the Member to report and pay tax, measured by the purchase price or other authorized amount. Members will hold 12Gates harmless from and will indemnify 12Gates against any claim, loss or expense occurring from any failure to comply with resale permits or tax-exempt requirements, and Membership will be subject to immediate forfeiture.

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TERMINATION BY US

We may terminate your Membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your Membership, however, your Membership account will be closed, and any Membership benefits will end. However, we will not give any refund for termination in the event your Membership ceases to be in Good Standing. A Member in "Good Standing" is a Member: (a) who is current in the payment of all amounts due to 12Gates, (b) who is in compliance with all applicable Terms, (c) whose Membership term has not expired without renewal, (d) who has not asserted or overtly threatened any claim or action against 12Gates, or (e) whose conduct has not violated any applicable law, involves fraud or misuse of the Membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

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OTHER LIMITATIONS

  • We reserve the right to accept or refuse Membership in our discretion.
  • We may send you email, and other communications related to 12Gates Rewards and your Membership (regardless of any preferences related to your Member account).
  • Some Membership benefits may require certain purchase thresholds, have quantity or shipping address limitations, be limited to certain vendors who do not restrict us from discounting their products, or require members to meet specified criteria in order to access them.
  • From time to time, 12Gates may choose in its sole discretion to add or remove Membership benefits.

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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. 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 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.

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LIMITATION OF LIABILITY

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS SET FORTH BY THESE TERMS, YOU AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL 12GATES, OR ITS DIRECTORS, AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO YOUR MEMBERSHIP OR PARTICIPATION IN MATHIS SERVICES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF ALL THE MEMBERSHIP PAYMENTS ACTUALLY MADE BY YOU DURING THE COURSE OF YOUR MEMBERSHIP. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL SURVIVE ANY CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP.

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IF ANY PROVISION HEREOF IS FOUND TO BE INVALID, IN WHOLE OR IN PART, IT WILL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION HEREOF.

YOU REPRESENT THAT YOU HAVE THE REQUIRED LEGAL CAPACITY AND THAT YOU ARE OF THE REQUIRED LEGAL AGE TO ENTER INTO THESE TERMS AND THAT NO ONE ELSE HAS ANY INTEREST IN YOUR ACCOUNT WITH 12GATES.

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INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless 12Gates 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 by you or anyone using your account.

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DISPUTES; ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS

You and Mathis agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and 12Gates hereby waive any right to a jury trial of any Claim (as hereafter defined). All controversies, claims, counterclaims, or other disputes arising between you and 12Gates relating to these Terms, the Membership, or any purchases or services obtained in connection with 12Gates Rewards (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). 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 or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, 12Gates 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..

This arbitration agreement does not preclude you or 12Gates from seeking action by federal, state, or local government agencies. You and 12Gates also have the right to bring qualifying claims in small claims court. In addition, you and 12Gates 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, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor 12Gates 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 12Gates’ 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. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in writing and signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with 12Gates.

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 MATHIS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

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MISCELLANEOUS

Any action relating to the use of the Program and related websites or any transaction with Mathis must be brought in the state or federal courts located in Oklahoma County, Oklahoma. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

These Terms will be governed by and construed in accordance with the laws of the State of Oklahoma, without giving effect to any conflict of laws rules or provisions.

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 causes beyond our reasonable control.

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

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

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

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective as to that provision only and only if made in writing and signed by 12Gates.

The provisions of these Terms that by their nature are intended to survive termination of these Terms shall survive their termination.

01/28/2020