BURLINGTON LOYALTY PROGRAM TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS ("AGREEMENT") REQUIRE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW. IN THE EVENT OF A DISPUTE, YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT. THIS AGREEMENT INCLUDES A DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THAT MAY APPLY TO YOU IN THE EVENT OF A DISPUTE.
By signing up for the Burlington Loyalty Program (the "Program") or continuing to use any of its benefits you are indicating your acceptance of the following terms and conditions and all future Program rules (this "Agreement") as a Burlington Loyalty Program member ("Member", "you" or "your"). Burlington reserves the right to modify the Program or eliminate benefits at any time without prior notice. The sponsor of the Program is Burlington Stores, Inc. ("Burlington", or "our", "we", "us").
How to Join
The Burlington Loyalty Program is only open to U.S. residents, including Puerto Rico, with a valid email address and phone number. You must be 13 years of age or older to participate in the Program. There is no fee to join or maintain membership in the program. Burlington reserves the right in its sole discretion to accept, deny, suspend or discontinue any Membership for the Program. You may sign up for the Program at any participating Burlington store ("Participating Location") by providing your name, a valid email address and phone number.
Members are responsible for maintaining accurate and updated personal information with Burlington which can be done in any Participating Location. Burlington is not responsible for Benefits that are not received as a result of loss or if you don't maintain accurate personal information with us and such Benefits will not be reissued.
Each Member is permitted one Burlington Loyalty Program membership only. Membership is not transferable and may only be used by an individual Member for the Member's personal benefit. Burlington may request proper identification with regard to Program transactions. Other exclusions may apply.
Employees of Burlington, subsidiaries and affiliated companies (collectively, "Affiliates"), and their immediate families, and others who are eligible for employee-based discounts, or members of any corporate or wholesale account of Burlington (or its Affiliates) are eligible for Membership in the Program and Program Benefits may be applied towards transactions by such individuals or entities.
When you join the Burlington Loyalty Program, you will automatically be eligible for the following benefits (collectively referred to as "Benefits"):
Extended Returns: Extended returns are only available at select stores, see associate for details. Returns will be accepted within 45 days of purchase. All returns are subject to a third party verification process and system approval. Burlington reserves the right to limit or refuse any refund. For full return information, see store associate or burlington.com/helpcenter/return-policy/
Early Notification: Early Notification of New Arrivals and Markdowns will be provided via email updates from Burlington.
E-receipts: As a loyalty member you will automatically receive an e-receipt and a printed copy on any sale or return transaction, except on layaway transactions.
Layaway Bonus: Completed layaway transactions by Members are eligible to receive a $5.00 bonus merchandise credit for use towards a future in-store merchandise purchase, excluding gift cards, service fees and taxes. Exclusions apply see receipt for details. If you use your Burlington Credit Card for a Layaway purchase, credit card rates and fees will apply. See your Burlington Credit Card Agreement for details. This benefit will only be available at select stores.
Members who enroll in the Burlington Loyalty Program agree to receive Program specific marketing, as well as other promotional emails and marketing from Burlington. We will also communicate with you regarding your Program status and transactions.
In order to receive the full Program benefits you must remain opted-in to our general marketing and Program marketing communications and our Program-specific marketing communications via e-mail at all times.
To stop receiving promotional emails from Burlington, you may use the unsubscribe option in any such email. To opt out of all marketing communications, please call customer service. By unsubscribing, you are only opting out of marketing communications.
Benefits may not be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Member account. Benefits have no cash value and are not redeemable for cash. Member agrees that the Program and any Benefits related thereto do not create any property rights whatsoever in favor of Member.
DISPUTE RESOLUTION & ARBITRATION AGREEMENT ("ARBITRATION AGREEMENT").
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH BURLINGTON ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Our Customer Service Specialists are ready to assist you and address your concerns by calling 1.888.355.2875, Monday through Friday 8:00am to 8:00pm EST. In the event that our customer service team is unable to resolve your concern, by participating in the Program you unconditionally agree that any dispute or claim or controversy arising out of or relating in any way to these Terms or the existence, beach, termination, enforcement, interpretation or validity therefore, or your access to or use of the Program, or to any products or services sold or distributed by Burlington at any time, will be resolved by binding individual arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT. This arbitration agreement covers any dispute arising out of or relating to any aspect of the relationship with us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. This agreement evidences a transaction in interstate commerce and the Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.
Please take note, in an arbitration proceeding there is no judge or jury and no class actions. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these conditions of use as a court would.
YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION if your claim qualifies for small claims court in a location where jurisdiction and venue over you and Burlington is proper, in which case you may initiate proceedings in small claims court.
How Arbitration Works. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Delaware and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules. Burlington will reimburse fees for claims totaling less than $10,000 unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing in the county you reside, as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Waiver of Right to Bring Class Action and Representative Claims. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS OF ANY NATURE OR IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. LIKEWISE, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
GOVERNING LAW AND OTHER TERMS. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the United States Federal Arbitration Act and other applicable federal law. Burlington will provide notice of any material changes to this Arbitration Agreement. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury. We also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.
BURLINGTON AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS 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 THERETO AND EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES. The No Warranty section of this Agreement does not apply to NJ Residents.
RELEASE OF LIABILITY.
MEMBER HEREBY RELEASES, TO THE FULLEST EXTENT PERMITTED BY LAW, BURLINGTON AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY (KNOWN OR UNKNOWN) ARISING FROM OR RELATING TO THE PROGRAM, MEMBER'S MEMBERSHIP IN THE PROGRAM OR THIS AGREEMENT. The Release of Liability section of this Agreement does not apply to New Jersey residents.
MEMBERSHIP TERMINATION; CANCELLING YOUR MEMBERSHIP.
Burlington reserves the right to terminate your Membership at any time in its sole discretion for any reason. Without limiting the foregoing, any violation or suspected violation of this Agreement, any Benefits or offer terms or any suspected abuse of the Program, as determined in Burlington's sole discretion, may result in termination of your Membership. Examples include, but are not limited to: your failure to follow the Program policies and procedures, transferring your benefits or offers to another, using multiple Memberships. If your Membership is cancelled for any of these reasons, you will be ineligible to enroll or participate in the Program in the future and will forfeit all benefits and offers. Burlington reserves the right to take legal action to recover any damages, attorneys' fees, or court costs from you for your breach of this Agreement.
To cancel your Membership, please call our Customer Service department at 1.888.355.2875, Monday through Friday 8:00am to 8:00pm EST. Please note, all Benefits and offers shall be forfeited at such time. It may take from 4 to 6 weeks before you stop receiving Program communications; however you are not eligible to redeem any offers you receive after your Membership is cancelled; in the event you receive any Program Benefits after you cancel your Membership, such Benefits are subject to this Agreement. Terms and conditions of this Agreement that by their nature survive the termination of your Membership, shall survive in perpetuity.
INTERPRETATION OF TERMS; CHANGES TO TERMS; PROGRAM TERMINATION; MISCELLANEOUS.
This Agreement shall be interpreted and applied to give Burlington maximum control of the administration of the Program. All decisions by Burlington are final and binding.
Burlington reserves the right to change or modify the Program, its Benefits or this Agreement from time to time in its sole discretion and without any further obligation to our Members. Updates shall be effective on the date they are posted on Burlington.com, and you agree that such posting constitutes valid and effective notification method and no further notice methods are required; continued use of your Membership after such date constitutes acceptance of all such changes. We may also, as a courtesy only, send updates via e-mail or notify you that there are updates the next time you make a purchase at a Participating Location; doing so does not create any obligation on our part to do so again in the future. If you disagree with any changes, your sole remedy is to cancel your Membership. Burlington may terminate this Program or limit participation, each in whole, or in part, in our sole discretion, at any time without notice.
Membership rules are void where and to the extent prohibited by law.