Terms And Conditions - Sam's Club (2024)

Clubs, Site and Membership Terms of Use

I. Introduction

These Terms of Use ("Terms") govern your access to and use of the SamsClub.com site and Sam's Club Mobile Application (collectively, "Site") and Sam's Club Stores ("Clubs"). These Terms apply to both Sam's Club Members and non-Members. Your use of the Site constitutes your agreement to follow and be bound by these Terms. By using the Site, you affirm that you are of legal age to enter into these Terms, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. If you violate or do not agree to these Terms, then your access to and use of the Site is unauthorized.

For Sam's Club Members, these Terms also govern your Membership with Sam's Club as further set forth in the Membership section below ("Membership Terms"). By entering and maintaining your Sam's Club Membership, you agree to be bound by these Terms, including the Membership Terms and the terms and conditions related to related Sam's Club policies and programs cross-referenced in the Additional Terms section below.

IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION X BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND SAM’S CLUB ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

We may update these Terms from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes. By continuing to use or access the Site after we post any changes, you accept the updated Terms.

The "Last Updated" legend above indicates when these Terms were last revised.

II. Intellectual Property; Use of Site

The Site and all materials, including images, illustrations, designs, icons, photographs, video clips, software and written and other materials that are part of this site (collectively, the "Contents") may be subject to copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Sam's Club, one of its affiliates, or by third parties who have licensed their materials to SamsClub.com and may be protected by U.S. and international copyright laws. Subject to your compliance with these Terms, and solely for so long as you are permitted by Sam's Club, you may access, view, download, and print the Contents for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Contents; (2) do not modify or alter the Contents in any way except as expressly permitted; and (3) do not provide or make available the Contents to any third party in a commercial manner.

The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Sam's Club and is also protected by U.S. and international copyright laws. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please follow the procedure outlined below in Section III- DMCA Notice; Procedure for Making and Responding to Claims of Copyright Infringement.

The content and software on this Site may be used only as a shopping resource. You may download or copy the Contents and other downloadable materials displayed on the site for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the site or any related software.

III. DMCA Notice; Procedure for Making and Responding to Claims of Copyright Infringement

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the site in a way that constitutes copyright infringement please see our DMCA Procedure (available at https://help.samsclub.com/app/answers/detail/a_id/250/~/copyright-infringement-policy)for instructions on how to contact us to report possible copyright infringement.

IV. User Account, Comments, and Ideas

Sam's Club does not claim ownership of any comments or reviews submitted or offered by you on or through this Site ("Comment(s)") or ideas, concepts, feedback, or know-how ("Ideas"). By making any Comment, you agree that such Comment is non-confidential, non-proprietary, and may be disseminated or used by Sam's Club. If you make a Comment, you automatically grant—or warrant that the owner of such content has expressly granted--Sam's Club a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display (publicly or otherwise) the Comments and Ideas in any media or medium, or any form, format, or forum now known or hereafter developed.

Sam's Club's policy is to not accept or review unsolicited Ideas. Notwithstanding this policy, any Ideas that are submitted or offered through the Site shall be and remain the exclusive property of Sam's Club and shall be treated as non-confidential information. Sam's Club will be entitled to use and disclose any Ideas you submit for any purpose whatsoever, without restriction and without compensating you or any other party in any way.

Sam's Club may sublicense its rights in Comments and Ideas through multiple tiers of sublicenses. Sam's Club is, and will be, under no obligation (1) to maintain any Comment or Idea in confidence; (2) to pay any compensation for any Comment or Idea; or (3) to respond to any Comment or Idea. You grant to Sam's Club the right to use any name associated with any Comment or Idea that you make available to Sam's Club, although Sam's Club has no obligation to exercise such right, or to otherwise provide any attribution for any Comment or Idea.

You agree that you will not make any Comment that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; p*rnographic; profane; abusive; harassing; invasive of another's privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Comment that is an advertisem*nt or solicitation of business; (b) disrupt the normal flow of dialogue or make a Comment unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collects information about others, including email addresses, without their consent; (g) post the same note more than once or engage in "spamming"; (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the site, or which, in the sole and exclusive judgment of Sam's Club, exposes Sam's Club or any of its licensors, partners, or customers to any liability or detriment of any type; or (i) violates any policy posted on the Site or intended to cause harm, damage, disable or otherwise interfere with Sam's Club or Sam's Club partners.

You are solely responsible for any Comments you make, the consequences of making a Comment, and your reliance on any Comments. Sam's Club is not responsible for the consequences of any Comment. Sam's Club is not responsible for screening or monitoring Comments.

Sam's Club reserves the right (but is not obligated) to: (a) record any Comment you make on the site; (b) investigate an allegation that a Comment does not comply with these Terms; (c) determine in its sole discretion to remove or request the removal of Comments which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user's access to any or all parts of the site upon any breach of these Terms or the law; and (e) monitor, edit, or disclose any Comment, regardless of whether such Comment violates these Terms. Sam's Club will have no liability or responsibility to users for performance or nonperformance of such activities.

V. Merchandise on Site and in Clubs

A. No Representations as to Merchandise

• The Site may make available listings, descriptions, and images of goods and services ("Products"). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
• We try to display colors of Products as accurately as possible on the Site. However, as the actual colors you see will depend on your monitor and various other factors, we cannot guarantee that the actual display of any color will be accurate.

B. Product Availability and Pricing

• Prices and availability for Products are subject to change without notice.
• Sam's Club strives to provide accurate product and pricing information. However, pricing, pictorial or typographical errors may occur, and product descriptions and pricing information are never guaranteed. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or other product information, Sam's Club shall have the right, at its sole discretion, to either refuse or cancel any orders placed for that item, or contact you for notification and instructions on such cancellation, even after your receipt of order confirmation or shipping notice from Sam's Club. Without limitation to the terms above, Sam's Club does not represent that any Product listing on this website is accurate and expressly disclaims any liability relating to accuracy.
• Unless otherwise noted, prices for Products on the Site do not include shipping costs or applicable taxes.
• Sam's Club reserves the right to limit quantities to normal retail purchases or one-per-Member or household, and to exclude resellers.
• We strive to provide you with the lowest costs possible on the site as well as in our warehouses. In our effort to provide you with the lowest costs in your particular geographic region, warehouse prices will sometimes differ from online prices.
• Fuel prices shown online are updated frequently, but may not reflect the price at the pump at the time of purchase. All sales will be made at the price posted on the pumps at each Sam's Club location at the time of purchase.

VI. Sam's Club Membership Terms and Purchases

This section includes terms specific to Sam's Club Members ("Members") and may not apply to non-Members unless specifically noted.

A. General Membership Policies

• Members must be 18 years of age or older, have a valid form of government-issued identification or other Sam's approved identification.
• Sam’s Club reserves the right to require a valid email address, phone number and valid current credit or debit card to be kept on file at all times.
• Sam's Club reserves the right to accept, refuse, or revoke Membership with or without cause at any time at its sole discretion.
• Annual Membership fee covers a 12-month period. If a Member renews during the sixty (60) days following their annual renewal date, the Annual Membership date remains the same and the Member will be charged for a full year membership.
• The annual membership date remains the same for memberships renewed within 60 days following their annual renewal date and members will be charged a full year membership fee.
• Members who do not renew their Sam’s Club membership on or before their annual renewal date will not be able to shop at Sam’s Club, on SamsClub.com or through the Sam’s Club mobile app, and a non-member surcharge fee equal to 10% of the total purchase may apply, at Sam’s Club sole discretion, to all post-expiration purchases.
• Limit one Plus Membership per household or business and one Plus membership cancellation or one membership downgrade refund per year.
• Members are welcome to bring their children or guardians and up to two guests per visit to any Sam's Club location. A Member must accompany their children or guardians and their guests at all times. Members are responsible for any damage or other liability caused by themselves, their children or guardians, and their guests.
• Sam's Club reserves the right to inspect any container, backpack, briefcase or other bag of any person upon entering or leaving any Sam's Club location and to refuse entry to anyone at our discretion.
• Receipts: To ensure that you are charged correctly for the merchandise you have selected, Sam's Club may inspect or electronically scan your merchandise, cart and electronic/phone or paper copy receipt(s) when you exit any Sam's Club location.
• Sam's Club reserves the right to request consumers to show their Sam's Club membership card (physical or digital card) upon entry to a Sam's Club facility. Notwithstanding anything to the contrary, consumers are allowed to shop at Sam's Club without a Sam's Club membership where required by law.

B. Membership Period, Cards and Fees

• Report a lost or stolen card immediately at any Sam's Club Member Services Desk or by calling 888-746-7726.
• The Primary Member and Complimentary Household Cardholder (hereinafter referred to as "Member" unless specifically stated otherwise) are responsible for Membership, including the annual membership fee and account maintenance.
• All Primary Members may add one (1) free Complimentary Household Cardholder for another member of your household. The Complimentary Household Cardholder may be the Primary Member's spouse, domestic partner, or person living in the same household who is 18 years of age or older. Other individuals are not eligible to be Complimentary Household Cardholders.
• Membership cards are non-transferable and are valid at all Sam's Club locations nationwide and to make purchases on the Site.
• Sam's Club reserves the right to require Members to take a photo in order to verify the Member's identity notwithstanding whether photo is on the Membership Card.
• A Membership includes a Complimentary Card in addition to the Primary Member card.
• Sam's Club Members with a Club-level membership may obtain up to eight (8) Add-on Memberships for an additional reduced fee for each Add-on Membership. Each Add-on Membership is eligible to receive one (1) Complimentary card. Visit a Sam's Club store or call 888-746-7726 to learn about the terms and costs of Add-on Memberships. An Add-on Member may also create their own membership. Click here to learn more about the
• Sam's Club Plus Members may obtain up to sixteen (16) additional club-level Add-on Memberships for an additional reduced fee for each Add-on Membership. Each Add-on Membership is eligible to receive one (1) Complimentary card. Add-on members are issued a club-level membership card. Only Primary and Complimentary cardholders are eligible for the Plus benefits. If an Add-on member is interested in upgrading to Plus, they must create a new account. Click here to learn more about the
• Sam's Plus Members with an active membership are eligible for Free Shipping with minimum order value on eligible items subject to the terms available here.
• Add-on Memberships include a card for the Primary Add-on Member and an Add-on Complimentary Household Cardholder.
• The Membership period for an Add-on Member will coincide with the Primary Member's membership period. The Membership fee for an Add-On Member added after the Primary Member may be pro-rated.

C. Membership Renewal and Cancellation

1. Auto-renew Program
   • Members not enrolled in the Auto-renew Program may enroll in the Auto-renew Program at any time under then-current Terms.
   • If the Primary Member or Complimentary Household Cardholder enrolls in the Auto-renew Program, Sam's Club will automatically charge the Membership fee, plus the fee for any existing Add-On Memberships and any applicable taxes, to any card on file or any payment method in the digital wallet or online account approximately one day before the end of the Membership term. By enrolling in the Auto-renew Program, the Primary and Complimentary Member authorizes Sam's Club to charge the scheduled payments (or any adjustment thereof) to any card on file or any payment method in the digital wallet or online account, and represents that they are the owner or authorized user of the account(s) and payment methods to be charged.
   • Sam's Club will send information about the Auto-renew Program and Membership renewal by email and/or mail. A valid current credit or debit card, email address and phone number are required. Members may update payment and other account information online or by calling 1-888-746-7726. 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 Sam's Club.
   • A Member's authorization under the Auto-renew Program allows Sam's Club to adjust the scheduled charge to reflect any changes to the Membership fee, Add-On Membership fee (if applicable), or taxes. Sam's Club will notify the Member by email, prior to making any charge, if there is a change to the fee. Although payment will usually be processed on the scheduled date, the Member should allow several days for processing.
   • ALL AUTHORIZATIONS UNDER THE AUTO-RENEW PROGRAM REMAIN IN EFFECT UNTIL THE AUTOMATIC RENEWAL OPTION OR MEMBERSHIP IS CANCELLED. Sam’s Club may provide Members the option to cancel enrollment in the Auto-renew Program online through the Site, in Clubs, or by calling 1-888-746-7726. Cancellation of enrollment in the Auto-renew Program is distinct from cancellation of your Sam's Club Membership. A Member may be allowed, at Sam’s Club sole discretion, to keep his/her Membership active after unenrolling in the Auto-renew Program by paying the renewal fee in Clubs, online or by calling 1-888-746-7726.
   • Continued participation in the Auto-renew Program after any changes to these Terms or changes to the Membership fee constitutes acceptance of the changes.
2. Automatic Billing for Members with Sam's Club Credit

   Primary Members with a Sam's Club Credit Account will be automatically billed for Membership renewal unless otherwise specified. You will not receive a new card each year. See Sam's Club Credit Terms for additional information.

3. Members Not Enrolled in Auto-renew Program
   • Members will receive a renewal notice and invoice by their specified preferred method of contact unless enrolled in the Auto-renew Program.
   • Only the Primary Member may authorize renewal or cardholder changes (including Add-On Memberships for Members who operate a business).
   • Members may renew their Membership online, by mail, in Clubs, or by calling 888-746-7726.
   • A renewal initiated within sixty (60) days after your expiration date will extend your Membership for twelve (12) months from the expiration date. If your Membership has been expired for more than sixty (60) days, Sam's Club has discretion to extend your Membership for twelve (12) months from the date you initiated the renewal.
4. Cancelling your Membership

   Members may cancel their Membership at any time in Clubs or by calling 1-888-746-7726. If Members cancel their Membership under this section, Members will still have access to their Membership until the end of their Membership Year unless they have received a refund under the 100% Satisfaction Membership Guarantee. Members with a Sam's Club Credit Account who are automatically billed for Membership renewal via that Account are also required to contact the card issuer to unenroll from the automatic billing program.

D. Payment In Clubs and Online

• For in-store purchases, Sam's Club accepts checks as set forth below, cash, Sam's Club Credit, Wal-Mart® Credit, American Express®, MasterCard®, Visa®, Discover®, EBT (electronic benefits transfer), debit cards, prepaid credit cards, and Walmart and Sam's Club Gift/e-Gift Cards.
• For online purchases, Sam's Club accepts Sam's Club Credit, American Express®, MasterCard®, Visa®, Discover®, debit cards, prepaid credit cards, Sam's Club Credit Direct Accounts (if registered the account is registered online), digital wallet service -Visa Checkout, and Walmart and Sam's Club Gift/e-Gift Cards.
• Some Sam's Club fuel station payment options may vary by location and some may not accept cash.
• Checks will be accepted if they are preprinted from a Member's checking account or Member's business checking account with the Member's name and/or Member's Business Name, address and phone number as they appear on the Member account, and provided the amount is written in the exact amount of the purchase.
• Government issued photo identification or other photo identification chosen by Sam's Club (such as a driver's license or passport) may be required.

E. Use of Resale Permit or Transaction of Privilege Tax License (Tax-Exempt) for In-Store Purchases

• Members who own or operate a business must declare to the cashier any merchandise that is being purchased for resale or that is otherwise tax-exempt.
• 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 renew it once every three years at Sam's Club.
• 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 Sam's Club harmless from and will indemnify Sam's Club 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.

F. Use of Resale Permit or Transaction of Privilege Tax License (Tax-Exempt) for Online Purchases

To obtain tax-exempt purchasing privileges for purchases on SamsClub.com, Members must register as Tax Exempt, must follow the tax-exempt registration procedure as described on the Site and be approved for Tax Exempt Status. As part of this process, you may be required to provide additional information to Sam’s Club to confirm your tax-exempt status (for example, a valid state tax-exempt number). You represent and warrant that any information you provide to Sam’s Club as part of the tax-exempt registration process is valid, accurate, and complete. You will promptly notify Sam’s Club of any updates or changes to your tax-exempt status and will promptly provide Sam’s Club with any updated information or documentation. If you purchase any products or services for a tax-exempt purpose and use those products or services for any other purpose, you will report and pay all taxes required under applicable law. If you are a tax-exempt organization, all tax-exempt purchases must be used exclusively by your organization for tax-exempt purposes only. You will comply with all other applicable requirements for tax-exempt purchases under applicable law. You will hold Walmart and Sam’s Club harmless from and will indemnify Walmart and Sam’s Club against any claim, loss or expense occurring from any failure to comply with your resale permits or any other tax-exempt requirements, and your exemption will be subject to immediate cancellation.

You further agree that if you do not use the products or services purchased with your tax-exempt account for the purpose for which your tax exemption applies, you will report and pay sales and use taxes directly to the state relating to the products or services to the extent required by law. In order to qualify for exemption, you may be required by law to pay us using your organization’s payment method (e.g., a company credit card) and not a personal payment method (e.g., a personal credit card). To the extent you have a Business Account, you acknowledge that if you, or any business user accounts associated with your Business Account, make tax exempt purchases with a tax exemption certificate associated with the Business Account, that those purchases are made with the tax-exempt organization’s funds. You will comply with such requirement to the extent required by law.

VII. Privacy

You acknowledge that any personal information that you provide through the Site, online or in Clubs will be used by Sam's Club in accordance with Sam's Club Privacy Policy (available at https://corporate.samsclub.com/sams-club-privacy-policy, which may be updated by Sam's Club from time to time).

VIII. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL SAM'S CLUB, OR ITS DIRECTORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER PERSON, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL LOSSES OR DAMAGES, OR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO YOUR MEMBERSHIP OR PARTICIPATION IN SAM'S CLUB SERVICES OR YOUR USE OF THE SITE, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO SAM'S CLUB ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE AND YOUR MEMBERSHIP DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

IX. Indemnification

You agree to defend (at Sam's Club option), indemnify, and hold Sam's Club harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys' fees and costs, arising from or related to your misuse of the Site or any breach by you of these Terms. Sam's Club reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Sam's Club if and as requested by Sam's Club in the defense and settlement of such matter.

X. Disputes, Arbitration, and Applicable Law

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Sam's Club welcomes and encourages you to reach out to its Customer Service representatives regarding any issues or concerns you may have. This agreement does not in any way alter your ability to bring concerns to the attention of Sam's Club Customer Service at 888-746-7726, or visiting http://help.samsclub.com/app/ask.

A. Arbitration Agreement.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND SAM’S CLUB, INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY SAM’S CLUB, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, YOU AND SAM’S CLUB AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. This paragraph may be referred to as the Arbitration Agreement in these Terms.

B. Class Action and Mass Action Waiver.

YOU AND SAM’S CLUB AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and Sam’s Club each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, collective action, or Mass Action to the maximum extent permitted by law. “Mass Action” means a situation in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than one hundred (100) arbitration Demands with common questions of law or fact against Sam’s Club within 180 days of initiating your arbitration Demand. This paragraph may be referred to as the “Class Action and Mass Action Waiver” in these Terms. Nothing in these Terms precludes you from bringing issues to the attention of federal, state, or local government agencies and, if the applicable law allows, such agencies may seek relief against Sam’s Club for you.

C. Initiating a Demand for Arbitration.

Any arbitration required by the Arbitration Agreement shall be initiated by You or Sam’s Club by sending the other a written demand for arbitration (“Demand”) only via first-class mail, FedEx, or UPS within the statute of limitations period. Your Demand shall be delivered to: Sam’s Club Legal Department, 702 SW 8th Street, Mailstop 0215, Bentonville, AR 72716. The Demand must include (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the original personal signature of the party seeking arbitration; and (v) the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration. For purposes of this paragraph, “original personal signature” does not include any digital, scanned, electronic, copied, or facsimile signature. An original personal signature on the Demand certifies the following: (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The original personal signature by the party seeking arbitration shall verify under penalty of perjury that the factual statements contained in the Demand are true and correct. Compliance with this paragraph tolls any applicable statute of limitations as to any dispute or claim subject to the Arbitration Agreement that is stated in the Demand.

D. Filing a Demand for Arbitration.

A party seeking arbitration of any dispute or claim subject to the Arbitration Agreement shall submit a copy of the Demand to the American Arbitration Association (“AAA”) sixty (60) or more days after the Demand is initiated pursuant to Section X(C) of these Terms. The arbitration will be administered by the AAA pursuant to the current AAA Consumer Arbitration Rules, except to the extent modified by these Terms. The AAA rules and instructions are available on the AAA website at www.adr.org/consumer.

E. Conduct of Arbitration.

In any arbitration of a dispute or claim that is subject to the Arbitration Agreement:

1. You or Sam’s Club may file such dispositive motions as would be permitted by the Federal Rules of Civil Procedure without obtaining permission from the arbitrator. Upon the filing of any dispositive motion, the arbitrator may stay all further action and deadlines in the arbitration until deciding such motion.
2. The parties shall have the right to conduct such discovery from the opposing party or any third party that is proportional to the needs of the claim or dispute, considering the importance of the issues at stake, the amount in controversy, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Proportionality shall be decided by the arbitrator when requested by either party.
3. The arbitrator shall conduct any calls, conferences, or hearings by teleconference or videoconference, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person hearing will be held at a location that is reasonably convenient. You and an employee of Sam’s Club shall attend all arbitrator calls, conferences, and hearings.
4. A party may make a written offer of judgment at least seven (7) days before the date set for the arbitration hearing.
5. If the arbitrator finds that a party’s claim, counterclaim, or appeal was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator shall award the opposing party its attorneys’ fees, costs, and expenses and all amounts charged by AAA for the arbitration.
6. The arbitrator will follow these Terms and the law. The arbitrator shall not have the authority to commit errors of law or legal reasoning. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties.
7. You or Sam’s Club may appeal an arbitration award that manifestly disregards the law by filing a notice of appeal with the AAA within 30 days after an award is rendered and delivered to the parties. The appeal shall be heard by a single arbitrator unless the parties agree to a multi-arbitrator appellate panel. The arbitrator(s) assigned to the appeal shall be selected by agreement of the parties from among those on the AAA Appellate Panel. If the parties are unable to agree, AAA shall appoint the arbitrator(s) from among those on the AAA Appellate Panel. An arbitrator who previously presided over any aspect of a case shall be ineligible from serving as an appellate arbitrator in that same case. The appeal, including briefing, shall be conducted pursuant to the parties’ agreement or the appellate arbitrator(s)’ orders if the parties are unable to agree.

F. Process for Arbitration Bellwether Demands.

If twenty-five (25) or more Demands for arbitration of a dispute or claim subject to the Arbitration Agreement are initiated (i) that involve common questions of law or fact and (ii) where the initiating parties are represented by the same law firm, the same group of coordinated law firms, or the same representative, then such Demands shall be coordinated pursuant to this paragraph. The group of claimants and group of respondents shall each select five (5) Demands, for a total of ten (10), to be filed with AAA (collectively the “Bellwether Demands”). Each of the Bellwether Demands shall be assigned by AAA to a different arbitrator chosen from its national roster. After ninety (90) days from the date all Bellwether Demands have been arbitrated and any appeals exhausted, any remaining Demands subject to this paragraph may be filed with AAA. The AAA Supplementary Rules for Multiple Case Filings shall apply to the extent they are not inconsistent with this paragraph. Notwithstanding any other provision in the Terms, You and Sam’s Club agree that a court of competent jurisdiction shall have authority to enforce the terms of this paragraph with injunctive or other relief.

G. Severability.

If (i) any dispute or claim subject to the Arbitration Agreement is filed as a class arbitration, class action, collective action, representative action, or Mass Action and (ii) if the Class Action and Mass Action Waiver is held invalid or unenforceable as to such dispute or claim, then the Arbitration Agreement does not apply to that dispute or claim and such dispute or claim must be brought in a court of competent jurisdiction. If any provision of Section X other than the Class Action and Mass Action Waiver is held invalid or unenforceable as to a particular dispute or claim, then such provision shall be severed from the Terms, and the remainder of the Terms shall be enforceable to the maximum extent permitted by law.

H. Applicable Law.

The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of Section X of these Terms. If the FAA is found not to apply to any portion of Section X of these Terms, then the applicable laws of the State of Arkansas shall apply without regard to choice-of-law principles

XI. Termination

These Terms are effective unless and until terminated by either you or Sam's Club. You may terminate these Terms at any time, provided that you discontinue any further use of the Site and cancel your membership. We also may terminate these Terms at any time and may do so immediately without notice, and deny you access to the Site, if in our sole discretion you fail to comply with any term or provision of these Terms. Upon any termination of these Terms by either you or Sam's Club, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Site, as well as all copies of such Content, whether made under these Terms or otherwise. The following sections survive termination of these Terms: Intellectual Property, User Ideas, Sam's Club Membership Terms and In-Store Purchases, Limitation of Liability, Indemnification, Disputes, Arbitration, and Applicable Law.

XII. General

These Terms represent the complete agreement and understanding between you and Sam’s Club and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Sam’s Club. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. Except as provided in Section X above, if any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms will remain in full force and effect. Except as provided in Section X above, these Terms shall be interpreted and governed by the applicable laws of the State of Arkansas without regard to choice-of-law principles. The failure of Sam’s Club to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Sam’s Club’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

XIII. Additional Terms

Sam's Club may from time to time and in its discretion incorporate additional terms to these Terms that govern specific benefits and programs related to Members. The following additional terms are incorporated by reference and govern your use of the Site and your Membership, as applicable:

• Sam’s Club Membership Free Trial
• Sam's Cash™ Loyalty Rewards Program
• Curbside Pickup
• Ship To Home
• Sam’s Club Delivery
• Free Tire Repair
• Instant Savings
• Photos and Customization
• Prescription Eyeglasses
• Prescriptions Program
• Satisfaction Guarantee
• Subscription Order Services
• Third-Party Service Subscription
• Scan and Go

XIV. How to Contact Us

If you have any questions or comments, please contact us at http://help.samsclub.com/app/ask, by mail at 2101 SE Simple Savings Drive, Bentonville, AR 72716-0745, or by phone at 888-746-7726.

Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Sam’s Club Refer a Friend Terms of Use

Sam’s Club may, from time to time, offer Sam’s Club members the opportunity to refer friends to try the Sam’s Club membership program ("Sam’s Club Referral Program"). We reserve the right to terminate the Sam’s Club Referral Program at any time for any reason without notice to you. The Sam’s Club Referral Program is administered on our behalf by Friendbuy, Inc., 2516 Via Tejon, Suite 201, Palos Verdes Estates, California, 90274 ("Service Provider"). Participation in the Sam’s Club Referral Program is at all times subject to your compliance with Sam’s Club Membership Terms and Conditions.

Sam’s Club Referral Program Participation, Generally

To participate, Sam’s Club members will receive a ”Refer a Friend” email or text with a unique personal URL and must follow the instructions in the email or text and link to refer up friends, family members or colleagues to the Sam’s Club Referral Program. Sam’s Club who make referrals are called "Referrers." Individuals who receive a referral are called "Referred Customers." Referrers and Referred Customers who are fully-compliant with these terms of use will sometimes each earn Sam’s Club Referral Program incentives (“Incentives”) for every "Qualified Referral" as set forth further below and as set forth in the email.

Eligible Referrer

To be an "Eligible Referrer” you must:

1. be a legal resident of the United States of America;
2. be at least 18 years old;
3. have a valid active Sam’s Club membership; and
4. be in compliance with Sam’s Club Membership Terms and Condition, and comply with all of the terms set forth herein.

Making and Receiving a Referral

To make referrals, you must receive an email or text with a unique referral link ("Personal Link") that you can copy and then send to friends, family members, or colleagues. Individuals to whom you send the Personal Link are Referred Customers. Personal Links may be issued only to individuals who can legally become a Sam’s Club member.

You cannot refer yourself. For example, you may not create multiple or fake accounts with Sam’s Club or participate in the Sam’s Club Referral Program using multiple or fake email addresses or identities.

Referred Customers will receive an email or text containing the Personal Link from their Eligible Referrer. Referred Customers must click the provided Personal Link, which will connect them to the enrollment process for a Sam’s Club membership. In order for the Eligible Referrer and Referred Customer to earn an Incentive, the Referred Customer must be eligible to establish a Sam’s Club membership account and must complete the required enrollment process (provided through the Personal Link), and after the expiration of any relevant trial membership period, their membership must convert to a fully-paid annual Sam’s Club membership.

Qualified Referrals

A Qualified Referral means that all the following conditions are met:

1. The Referred Customer has enrolled in and paid an annual Sam’s Club membership and otherwise completed the registration process for a Sam’s Club membership, using the "Personal Link" provided by an Eligible Referrer as set forth above. If a Referred Customer enrolls in a Sam’s Club membership using any other link or method, the registration will not count as a Qualified Referral, and neither party will earn an Incentive.;
2. Referred Customer has not previously enrolled in a Sam’s Club membership (either trial or paid membership) under any email address or alias;
3. The Referred Customer is a) a legal resident of the United States of America and b) at least 18 years old; and
4. Only one Qualified Referral can be earned for each Referred Customer.

Earning Incentives

Eligible Referrers, may sometimes receive one (1) Incentive valued from $0 up to $20 for your next in-club visit for each verified Qualified Referral generated. If Incentives are available for Eligible Referrers, the incentive will be stated in the email or text to the Eligible Referrer, and is only available for redemption in-club at a cash register or using the Sam’s Club Scan & Go™ Checkout app and is limited to five (5) Incentives. Incentives are not available for redemption on SamsClub.com or Curbside Pickup.

Referred Customers will receive one (1) Incentive valued up to $20 discount on the price of a Club-level Sam’s Club membership once the initial Referral becomes a Qualified Referral according to the terms set forth herein. This incentive may not be combined with other incentives, promotions or discounts.

All earned Incentives are subject to verification. Sam’s Club may delay issuing an Incentive for the purposes of investigation. Sam’s Club may also refuse to verify and process any transaction Sam’s Club deems, in its sole discretion, to be fraudulent, suspicious, in violation of these terms of use, or believes will impose potential liability on Sam’s Club, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives or agents.

Redeeming Incentives by Eligible Referrers

When Incentives are available to Eligible Referrers, they may be redeemed by Eligible Referrer in-club at a cash register or using the Sam’s Club Scan & Go Checkout app and is limited to five (5) Incentives. A minimum purchase in the amount of $20 is required for each $20 incentive used. Incentives are not available for redemption on SamsClub.com or Curbside Pickup. Incentives may not be redeemed for cash. Some products may not be eligible for purchase through the use of an Incentive. Incentives will expire as stated in the email or text.

Redeeming Incentives by Referred Customers

Only one (1) Incentive may be redeemed by a Referred Customer through the Offer Page connected to the personal link sent by an Eligible Referrer, and cannot be combined with any other incentive or promotional offers. Incentives may not be redeemed by Referred Customers in Sam’s Club physical locations. Incentives may not be redeemed for cash.

Bulk Distribution ("Spam")

Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Sam’s Club sole discretion is expressly prohibited and may be grounds for immediate termination of your membership and deactivation of the Personal Link.

Additional Terms, Conditions, Exclusions, and Restrictions ("Spam")

Additional terms, conditions, exclusions, and restrictions may apply to your use of Incentives; Incentives may expire if not used by the date specified in the delivery email (if any). Incentives accumulated under the Sam’s Club Referral Program have no monetary or cash value and are for individual use only and may not be transferred to any individual, group, company, or other entity. Any Incentives you have earned, as well as your membership account under the Sam’s Club Referral Program are personal to you and may not be sold, transferred, or assigned to, or shared with, family, friends, or others. We reserve the right (in our sole discretion) to deduct Incentives that were issued in error or that were not earned legitimately. Once an Incentive has been redeemed, redemption is considered final, and no changes may be made by you. Partial redemption of Incentives are not allowed. Incentives may not be reused. Participation in the Sam’s Club Referral Program and the receipt of or redemption of Incentives may result in tax liability to you. Any tax, liability, or expense arising from participation in the Sam’s Club Referral Program, and accumulation or redemption of Incentives by you or in connection with your membership account is your sole responsibility. We reserve the right to modify, limit, terminate, discontinue, or cancel the Sam’s Club Referral Program, its benefits, and these terms at any time in our sole discretion and without notice to you. At any time, we may change the monetary value of unissued Incentives, or cap the number of Incentives you may earn in any time period. The accumulation of Incentives does not entitle Sam’s Club Referral Program participants to any vested right with respect to the Incentives or the Sam’s Club Referral Program. You agree Sam’s Club or Walmart will not have any liability for any modification or termination of the Sam’s Club Referral Program, even if any modification or termination affects your ability to use any Incentives already accumulated. Upon termination of the Sam’s Club Referral Program, your Incentives may automatically be cancelled, and you will not be permitted to redeem those Incentives. Incentives are void where prohibited by applicable law. We are not responsible for Incentives lost through your own negligence, or due to fraudulent or unauthorized use of your account. You agree not to engage in fraud or abuse in the accumulation of Incentives or use of any Personal Links provided to you. Any fraud or abuse relating to your accumulation of Incentives or submission of Referred Customers may result in the annulment of all Incentives earned under the Sam’s Club Referral Program as well as cancellation of your account. We reserve the right to monitor all Sam’s Club Referral Program account activity and terminate your account and/or your participation in the Sam’s Club Referral Program if Sam’s Club believes (in its sole discretion) that you have violated these Terms of Use, or the Sam’s Club Membership Terms of Use or any other terms applicable to the Sam’s Club Referral Program, provided false or inaccurate information, abused the Sam’s Club Referral Program, or that the use of your account is unauthorized, fraudulent, or otherwise unlawful or in violation of these terms. Sam’s Club will have final decision in any disputes over Incentives, Qualified Referrals, or your participation in the Sam’s Club Referral Program.

Sam's Cash™ Loyalty Rewards Program Terms & Conditions

I. Introduction

The Sam's Cash Loyalty Rewards Program (the "Sam's Cash Program") is a rewards currency program that allows U.S. and Puerto Rico Sam's Club Members to earn and redeem Sam's Cash on qualifying purchases made in the U.S. and in Puerto Rico as set forth below in these Terms ("Sam's Cash Terms and Conditions"). Sam's Cash are rewards which may be earned by Sam's Club Members by making qualifying purchases in accordance with these Sam's Cash Terms and Conditions and in Sam’s Club sole discretion. Sam's Cash has no cash value until such time as the rewards are redeemed at a Sam's Club. The Sam's Cash Terms and Conditions are subject to change and may be revised without notice.

Participation in the Sam's Cash Program is automatic and subject to the Sam's Cash Terms and Conditions, the Sam's Club Membership Terms and Conditions, and other Sam's Club rules and policies that may be applicable.

Sam’s Club reserves the right to audit any and all Sam’s Cash accounts at any time and without notice to the Member to ensure compliance with the Sam’s Cash Program rules. In the event that an audit reveals discrepancies or violations, the processing of Sam’s Cash awards, accrual and summaries may be delayed until the discrepancies or violations are resolved in a manner satisfactory to Sam’s Club. Pending such resolution, Members may be prohibited from redeeming Sam’s Cash as determined in Sam’s Club sole discretion.

If Sam’s Club improperly denies a Member Sam’s Cash, the Member's exclusive remedy shall be the issuance of the improperly denied Sam’s Cash, or such other alternative comparable benefit as determined by Sam’s Club, in its sole discretion. Sam’s Club shall have no additional liability whatsoever. In no event shall Sam’s Club be liable to any Member, or anyone claiming through a Member, for any direct, indirect or consequential damages, or lost revenue or profits, arising out of the acts or omissions of Sam’s Club in connection with the Sam’s Cash Program.

You are responsible for ensuring that your Sam’s Cash earned is properly credited. If you believe that Sam’s Cash has been earned but not properly credited, you may be required to submit documentation or other proof satisfactory to Sam’s Club, which may include copies of receipts. Any claim for uncredited Sam’s Cash must be received by Sam’s Club within 12 months after the Sam’s Cash was earned.

IMPORTANT: SAM'S CLUB MEMBERS HAVE NO OWNERSHIP INTEREST IN SAM'S CASH, AND THESE REWARDS COLLECTED DO NOT CONSTITUTE PROPERTY. THE USE OF THE WORD "EARN" OR “CASH BACK REWARDS” IN THESE SAM'S CASH TERMS AND CONDITIONS OR IN SAM'S CASH PROGRAM MARKETING MATERIALS DOES NOT IMPLY THAT SAM'S CASH HAVE ANY VALUE PRIOR TO REDEMPTION. MARKETING MATERIALS MAY REFER TO “SAM’S CASH,” “CASH BACK REWARDS,” OR SIMILAR VARIATIONS INTERCHANGEABLY TO DESCRIBE THE REWARDS ASSOCIATED WITH THE SAM’S CASH PROGRAM.

II. Earning Sam's Cash™

Sam's Cash can only be redeemed by active Sam's Club Members.

Sam's Cash cannot be earned where application of the Sam's Cash Program would be prohibited by law or regulation.

Sam’s Club reserves the right to limit and/or recoup Sam’s Cash when there’s potential fraud, abuse, or violation of Sam’s Club policies and practices as determined by Sam’s Club in its sole discretion.

A. Earning with Sam's Club Plus Membership

• Notwithstanding anything contrary in this section, Sam’s Club Plus Members must have an active current Plus membership to be eligible to earn Sam’s Cash under this section. Plus memberships that have expired do not earn Sam’s Cash during the time such membership is expired.
• Sam's Club Plus Members may earn 2% in Sam's Cash, after discounts are applied to items purchased, on qualifying pre-tax purchases directly from Sam's Club made in clubs and through Curbside Pickup. Sam's Club Plus Members do not earn 2% in Sam's Cash from third parties nor for online purchases on SamsClub.com (i.e., direct ship to home or elsewhere, ship from club, delivered to home or elsewhere, etc.).
• Sam's Club Plus Members may earn up to $500 annually in Sam's Cash based on Sam's Club qualifying purchases per Member's membership year. If a membership is extended at Sam’s Club sole discretion, the $500 annual earnings cap applies to the initial membership year and the extension period. In addition, if a member successfully renews during a membership extension, the $500 annual earnings cap will not be reset until such extension has ended.
• The $500 Sam’s Cash earnings cap for Plus Members does not reset until one day after a member’s membership year ends, even if that member has already renewed. When qualified purchases are returned for refund, the earned value of Sam's Cash is deducted from accrual of Sam's Cash.
• For online purchases, the earned value of Sam’s Cash is deducted from the accrual of Sam’s Cash when qualified purchases are returned for refund. For in-club and Scan and Go™ purchases, the earned value of Sam’s Cash may be refunded in the form of a gift card or cash. For Plus Members, only qualifying purchases made by the Primary Member or Complimentary Household Cardholder in a Sam's Club store in the United States may qualify to earn Sam's Cash. Sam's Club Add-On Members do not qualify to earn 2% Sam's Cash for themselves or for their Primary Member.
• Sam's Club reserves the right to modify qualifying purchases as determined at Sam's Club discretion.

Sam's Cash from Sam's Club Plus membership is not earned for purchases of the following:

• Alcoholic beverages
• Liquidated Merchandise
• Tobacco
• Fuel
• Milk, certain dairy products and certain dairy alternatives
• Merchandise or services sold or provided on SamsClub.com website including those websites not hosted by Sam's Club, even if accessed through SamsClub.com.
• Auctions
• Gift cards, including third party gift cards and eGift Cards
• Inventory, sales, or services belonging to or offered by third parties (including but not limited to mobile phone contracts, extended warranty programs, travel, identity protection services, subscriptions, auto buying program, insurance, merchant credit card payment processing services, business payment solutions, service plans, delivery, etc.)
• Membership fees
• Prescription-related products including but not limited to:
  • Prescription products such as prescription pet medications, prescription drugs, prescription glasses/contacts and prescription medical supplies
  • Prescription co-pays or deductibles
  • Healthcare services related to prescription products (examples – vision exam)
  • Purchases submitted to any health benefit program, pharmacy benefit program, insurer, or state/federal government health care program
• Postage stamps
• Services and labor offered by Sam's Club (examples – delivery fees, tire installation, Curbside Pickup fees, etc.)
• Taxes and fees (including sales tax, deposits, miscellaneous fees, etc.)

Sam's Club reserves the right to add, modify or delete qualifying restrictions on product categories or products from the above list without notice.

B. Earning with the Sam's Club® Mastercard®

Sam's Club Members may earn up to $5,000 in Sam's Cash per calendar year on qualifying purchases using their Sam's Club Mastercard. The earned value of Sam's Cash is deducted from the accrual of Sam's Cash when qualified purchases are returned for refund. The Sam's Club Mastercard account must be in good standing at the time of the qualifying purchase. Members should consult the Terms and Conditions for the Sam's Club Mastercard for amounts that may be earned through qualifying purchases and related limitations. See "How you Can Earn Sam's Cash with your Sam's Club® Mastercard" program for details.

C. Earning through Other Promotions

Sam's Club may also offer additional promotions or opportunities to earn Sam's Cash from time to time. Such promotions are offered on a limited time basis, have additional terms and conditions as shown with the promotion, and are subject to change without notice.

Notwithstanding anything contrary in this section, Sam’s Club Members must have an active current membership to be eligible to earn Sam’s Cash under this section. Memberships that have expired do not earn Sam’s Cash during the time such membership is expired.

D. Earning Through The Sam’s Cash Bonus Offer Program

The Sam’s Club Bonus Offer Program allows an eligible Sam’s Club Member to designate his or her valid, eligible credit or debit card to earn Sam’s Cash when completing qualifying activities (such as making a purchase or activating an offer) at certain third-party merchants. The earned value of Sam’s Cash is deducted from the accrual of Sam’s Cash when qualified purchases are returned for refund. Sam’s Club Members should consult the Terms and Conditions for the Sam’s Cash Bonus Offer Program for details about the program and the amounts that may be earned through qualifying purchases and related limitations. See The Sam’s Cash Bonus Offer Program terms for more details.

Notwithstanding anything contrary in this section, Sam’s Club Members must have an active current membership to be eligible to earn Sam’s Cash under this section. Memberships that have expired do not earn Sam’s Cash during the time such membership is expired.

III. Redeeming and Using Sam's Cash™

• Notwithstanding anything to the contrary, Sam's Cash can only be redeemed by active Sam's Club Members.
• Sam's Cash may be applied to Sam's Club membership renewal fees and to most direct purchases from Sam's Club online, at any club, or in the Sam’s Club mobile app.
• Sam's Cash cannot be used for purchases from third parties, prescription-related products, gift cards, e-gift cards, software, shopping cards, alcohol and tobacco products where prohibited by law, and any other products prohibited by law.
• Only the Primary Member or Complimentary Household Cardholder on a Membership account may access and redeem Sam's Cash loaded on the Primary Membership account. Add-On Members to the Primary Membership account cannot access or redeem Sam's Cash loaded on the Primary Membership account.
• For Add-On Members, the Primary Add-On Member and any of their complimentary members can access and redeem Sam's Cash loaded on the Add-On Membership account. The Primary Member or Primary Complimentary Household Cardholder cannot access or redeem Sam's Cash loaded on the Add-On Membership account.
• Notwithstanding anything to the contrary, Sam’s Cash earned via the Sam’s Club Mastercard may be redeemed by the credit account holder. Authorized credit users may have access to Sam’s Cash if the Sam’s Cash balance is $50 or less, or other amount as determined by Sam’s Club, for in-club purchases, excluding digital platforms (e.g. the Scan & Go app, Samsclub.com, Curbside Pickup, etc.).
• Sam's Cash balances are non-transferable and non-assignable. Only active Members can redeem Sam's Cash.
• Sam's Club may require photo identification or other information to verify the Member's identity at the time of redemption.
• Sam's Cash may be redeemed for cash in clubs with a maximum amount established by Sam's Club in its sole discretion.
• There may be a maximum amount of Sam’s Cash that can be loaded to your account at any one time and displayed in your Sam’s Cash balance. As you redeem Sam’s Cash and your balance falls below the maximum amount, any additional earnings, up to the maximum amount, will be loaded to your account and available for redemption. The maximum amount is established by Sam’s Club in its sole discretion.
• Unless prohibited by law, Sam's Club reserves the right to require a mandatory cash out of the Sam's Cash account periodically in its sole discretion.

IV. Terminated, Cancelled, Revoked and Lapsed Memberships

• If a Sam's Club membership is terminated, cancelled, or revoked by Sam's Club, the Member's remaining Sam's Cash balance shall be forfeited.
• A Member must have an active current membership to redeem Sam's Cash. If a Member terminates, cancels, or allows their membership to expire or lapse, they must reactivate their membership to redeem Sam's Cash.

V. Expiration of Sam's Cash™, Suspension of Sam's Cash™ Program or Rewards

• Sam's Cash under the Sam’s Cash Program does not expire but a Member must have a current active membership to redeem.
• Sam's Club reserves the right to amend, cancel, or suspend the Sam's Cash Program, in whole or in part, or change any of these Terms and Conditions at any time for any or no reason.
• Sam's Club reserves the right to revoke Sam's Cash, suspend a Member's access to Sam's Cash and the Sam's Cash Program in the event of fraud, abuse of the Sam's Cash Program, or violations of these Terms and Conditions, as determined in Sam's Club's sole discretion without notice to the Member. Such action may result in the forfeiture of Sam's Cash not yet redeemed.

Curbside Pickup Terms & Conditions

I. Introduction

In a continuing effort to provide legendary member service and experience, Sam's Club offers Curbside Pickup services ("Curbside Pickup") for Members shopping on SamsClub.com. Participation is subject to these "Curbside Pickup Terms and Conditions." By participating in Curbside Pickup, you acknowledge that you have read these Curbside Pickup Terms and Conditions, understand them, and agree to be bound by them.

Participation in Curbside Pickup is subject to these Curbside Pickup Terms and Conditions, the Membership Terms and Conditions, the Website Terms and Conditions, and other Sam's Club rules and policies as may be applicable.

All Sam's Club rules, including these Curbside Pickup Terms and Conditions, may be amended from time to time without notice.

II. Curbside Pickup

• Curbside Pickup is a free service for Sam's Club Plus Members that lets Plus Members order eligible items online at SamsClub.com and pick up the goods at any participating Sam's Club in the US or Puerto Rico. For all other members, there may be a minimum order value, which may change from time to time. In addition to the price of goods, a Curbside Pickup charge as shown at checkout, if applicable, may also be payable when the minimum order value is not met. All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order. The final taxes and fees will be calculated on the day your order is picked up.
• Simply place your order online at SamsClub.com, select a day and time that fits your schedule, and then pick up your items from the designated Sam's Club. Sam's Club reserves the right to limit the availability of Curbside Pickup and reserves the right to charge a restocking fee for orders not picked up on time or not picked up.
• We aim to have your goods ready at the Curbside Pickup time you selected when placing your order, but we do not guarantee that the goods will be ready on or by a certain date and time. Sam's Club will not be liable for not having the goods ready outside of the requested Curbside Pickup slot or for failing to provide all or any of the goods in your order.
• Not all items are eligible for Curbside Pickup. Eligible items will be noted online with the option "Pickup"

Merchandise is subject to availability and is limited by the Sam's Club Merchandise Policy. If the item you requested is not available you will not be charged for that item. Select items require proof of age.

III. Pricing and Weighted Items

• All prices on SamsClub.com are shown in US dollars. Prices, unit prices (for weighted items), and available quantities may vary by Club and date.
• Curbside Pickup: Price or unit price will be determined at the time you provide payment information.
  • If you pay in advance on SamsClub.com at the time of order placement, then the price or unit price of each item is determined by the online price at the time you place your order.
  • In either case, the final price of fresh weighted items will be based on the applicable unit price and the quantity actually purchased.
• Weighted Items: For certain items, including fresh meat, home meal solutions, and some bakery and cheese products, your final price is based on the unit price at the time you provide payment information and the actual weight of the item you purchase. At the time of online order placement, you will select the desired quantity of an item and be shown a maximum price that will be charged for the item. In no event will the final price of the weighted item exceed the maximum price that was authorized at the time of order placement.
• See the Instant Savings Terms and Conditions for details about the applicability of Instant Savings to Curbside Pickup orders.

IV. Payment

Members can pay using any form of payment currently accepted for online purchases under the Membership Terms and Conditions.

V. Authorization Process

When you place an order, Sam's Club authorizes your credit or debit card to make sure sufficient funds are available. Also note that all credit/debit card holders are subject to validation checks by third parties and authorization by the card issuer. If the issuer of the card refuses to authorize payment or any other validation checks return adverse results, we will not accept your order. We will not be liable for non-processing of your order. Please contact your card issuer or your bank for the reason of refusal.

VI. Taxes

We are required by law to collect all taxes based on where your order is being processed. When you review your order total during the checkout process, you'll see the estimated sales tax. Actual taxes will be charged based on your delivery or pick up destination or the address from where the order is sourced, depending upon state and local laws. Taxes may be applied to pre-discounted prices depending on state and local laws.

VII. Order Cancellation

For Curbside Pickup, orders that are not picked up at the Club 24 hours after the selected pickup date will automatically be cancelled and items returned to inventory. If the Curbside Pickup order was prepaid, you will not be charged if the order is cancelled. However, Sam's Club reserves the right to charge a restocking fee for cancelled orders.

VIII. Miscellaneous Terms

Sam's Club reserves the right to amend, cancel or temporarily suspend these Curbside Pickup and Delivery Services, in whole or in part, or change any of these Curbside Pickup Terms and Conditions at any time for any or no reason.

Ship To Home Terms & Conditions

• Plus Members: Plus Members with an active membership shipping to the contiguous U.S. receive free ground shipping on eligible items with a certain minimum order value, which value may change from time to time. Sam’s Club, in its sole discretion, may limit free shipping for Plus members to a total of ten (10) addresses on eligible online orders, which number of addresses may change from time to time. In addition to the price of goods, a shipping charge for certain items as shown at checkout, if applicable, may also be payable by you.
• Shipping for Club Members: In addition to the price of goods, Club Members with an active membership shipping to the contiguous U.S. will incur a shipping charge as shown at checkout.
• If we inadvertently fail to charge for shipping and later discover that we should have done so, we will charge the card on file for the missed shipping charges.

Additional Limitations/Exclusions:

• Ship To Home:
  • Not all items are eligible for ship to home.
  • Shipping is not available to Alaska, US territories (i.e. Puerto Rico, Guam, the US Virgin Islands, etc.) and post office boxes.
  • In addition to shipping charges, members may incur a surcharge for orders shipped to Hawaii.
  • Sam’s Club may, in its sole discretion, deliver items from a local club or fulfilment center without notice to members and without a shipping box or packaging.
  • Sam’s Club reserves the right to ship the goods from any node and through any shipping partner.
• Plus Members Free Shipping to Home with Minimum Order Value:
  • Limited to ground shipping.
  • Limited items are available for shipping to Military APO/FPO addresses.
  • Available only to the contiguous U.S. and excludes Alaska and Hawaii.
  • Available for online items only.
  • Does not include delivery from Club locations.
  • Not available on Sam's Club Auctions site.
  • Not available for drop ship resellers. A drop ship reseller is someone who purchases products for the purpose of resale on a third-party site. Drop ship reseller purchases returned to Sam's Club as undeliverable due to an incorrect address will be refunded, less any applicable shipping fees.
• Sam's Club reserves the right to make changes to these terms and conditions at any time. Visit Free Shipping FAQs for additional information.

Sam’s Club Delivery Terms & Conditions

I. Introduction

In a continuing effort to provide legendary member service and experience, Sam's Club offers Delivery ("Delivery") for Members shopping on SamsClub.com or the Sam’s Club mobile app. Participation is subject to these "Delivery Terms and Conditions." By participating in Delivery, you acknowledge that you have read these Delivery Terms and Conditions, understand them, and agree to be bound by them.

Participation in Delivery is subject to these Delivery Terms and Conditions, the Membership Terms and Conditions, the Website Terms and Conditions, and other Sam's Club rules and policies as may be applicable.

All Sam's Club rules, including these Delivery Terms and Conditions, may be amended from time to time with or without notice other than as updated on the Samsclub.com website.

II. Delivery

• Delivery is a service for Sam's Club Members that allows you to order your purchases online at SamsClub.com or the Sam’s Club mobile app and have your eligible goods delivered to you at a time and address you designate at your discretion.
• There may be a minimum order value, which may change from time to time, and a limitation on the number of deliveries within a certain period of time, which may change from time to time. In addition to the price of goods, a delivery charge as shown at checkout, if applicable, may also be payable by you. All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order.
• This service is available for those Sam's Club locations designated by Sam’s Club in the US, excluding Puerto Rico, and which designations may change from time-to-time.
• Simply place your order online at SamsClub.com or the Sam’s Club app, select a day and time that fits your schedule, and we’ll do our best to have your eligible items delivered at your selected day and time at the location you select when you place your order.
• Sam’s Club can only deliver to an address stored in your address book in your account.
• The default address will be the address you have on file for your Sam’s Club membership account. If you do not add and select a new address, the order will be delivered to the default address.
• Sam's Club reserves the right to limit the availability of Delivery for any reason.
• We aim to have your goods delivered at the time you selected when placing your order, but we do not guarantee that the goods will be ready on or by a certain date and time. Sam's Club will not be liable for not having the goods ready outside of the requested Delivery slot or for failing to provide all or any of the goods in your order.
• Eligible delivery items will be identified online, and not all items are eligible for Delivery.
• Merchandise is subject to availability and is limited by the Sam's Club Advertising & Pricing Policy [Advertising & Pricing Policy (samsclub.com)]. If the item you requested is not available you will not be charged for that item. Select items require proof of age.
• If you authorize Sam’s Club during the order process to substitute out of stock items with other substitute in-stock items, Sam’s Club will attempt to secure those in-stock items for you and will charge you the current price for that substitute item based on the instructions you provide during the order process.
• In certain instances, Sam’s may offer a same-day delivery or other expedited delivery options. Not all items are eligible for same-day or expedited delivery. Items that are eligible for same-day delivery or expedited delivery will be indicated on the Sam’s Club website or Sam’s Club mobile app. There may be a minimum order value, which may change from time to time, a limitation on the number of deliveries within a certain period of time, which may change from time to time, and/or delivery charge as shown at checkout, if applicable, in addition to the price of the goods. Order time limits, geographic restrictions and order size and quantity limits apply.
• During the order process, you will have the opportunity to provide your delivery drop off location preferences. Sam’s Club will make reasonable attempts to follow the preferred drop off location preferences that you provide. If for any reason Sam’s Club is unable to complete the delivery using the instructions you provide, Sam’s Club may elect to make an attempt to contact you to arrange for alternate drop off arrangements or may cancel your order, in Sam’s Club sole discretion.
• Sam’s Club, in its sole discretion, may use any alternative method of delivery it chooses, which may or may not be Delivery from a local club or fulfillment center. Sam’s Club reserves the right to deliver the goods from any node and through any delivery partner.

III. Item Pricing and Weighted Items

• All prices on SamsClub.com are shown in US dollars. Prices, unit prices (for weighted items), and available quantities may vary by Club and date.
• Delivery: Price or unit price will be determined at the time you provide payment information.
• Weighted Items: For certain items, including fresh meat, home meal solutions, and some bakery and cheese products, your final price is based on the unit price at the time the item is shopped and the actual weight of the item you purchase.
• When you place your order online or on the mobile app, you will select the desired quantity of an item and be shown a maximum price that will be charged for the desired quantity of the respective item.
• In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered.
• In no event will the final price of the weighted item exceed the maximum price that was authorized when you placed your order.

IV. Fees

• In addition to the price of goods, a delivery charge as shown at checkout, if applicable, may also be payable by you. The delivery charge will be displayed during your checkout process.
• The final taxes and fees will be calculated on the day your order is picked and delivered.
• Sam’s Club delivery special offers may have initial or recurring purchase requirements. See the applicable offer for details and charges associated with those offers.

V. Payment

Members can pay using any form of payment currently accepted for online or in-app purchases under the Membership Terms and Conditions.

VI. Taxes

We are required by law to collect all taxes based on where your order is being processed. All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order. When you review your order total during the checkout process, you'll see the estimated sales tax. Actual taxes will be charged based on your delivery or pick up destination or the address from where the order is sourced, depending upon state and local laws. Taxes may be applied to pre-discounted prices depending on state and local laws.

VII. Restrictions

Delivery is dependent upon product eligibility, inventory availability, available delivery time slots, and delivery location.

Delivery available only on items in inventory at participating Sam’s Club locations located in your specific delivery area, and for which you select a specific delivery time slot when your order is placed. A minimum order amount may apply. Not all items are eligible for delivery. Sam’s Club will indicate which items are available for delivery on the Sam’s Club website or Sam’s Club mobile app.

Restrictions are subject to change and may change at any time for any reason or no reason with or without notice at Sam’s sole discretion.

VIII. Order Cancellation

• Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made.
• For orders scheduled to arrive the same day, you may remove items or cancel your order within 30 minutes of placing the order.
• For orders scheduled to arrive the next day or beyond, you can remove items or cancel your order by 7:00 p.m. local time on the day you placed it.
• Whether the order is scheduled to arrive the same-day or later, you may not add new items or increase the quantity of items in your basket, at any time, once the order has been placed.
• For Delivery orders that are delivered to you, title to the goods purchased by you and the related risk of loss on these items passes to you upon delivery of the items to the carrier.
• For Delivery, orders that are not able to be delivered will automatically be cancelled and items returned to inventory. If the Delivery order was prepaid, you will not be charged if the order is cancelled. However, Sam's Club reserves the right to charge a restocking fee for cancelled orders.

IX. Returns and Refunds

For information related to returns or refunds, please visit: Satisfaction Guarantee.

X. Delivery Special Offers

From time to time, Sam’s Club, in its discretion, may offer some or all Members various delivery offers, including, without limitation, offering a flat price for delivery or certain types of delivery for a specified period of time (e.g. same day delivery for a flat fee per month). In those instances, the terms and conditions of those offers will appear on the Sam’s Club website or mobile app and you must review and agree to those terms in order to accept those offers. These offers may have conditions and restrictions which include, but are not limited to, recurring monthly or annual fees, and restrictions on how and where to cancel the offer in order to avoid continuing charges. Please see the applicable offer terms for details on the specific conditions and restrictions of those offers.

Sam’s Club reserves the right to accept or refuse any delivery request or any offer for any reason at its sole discretion.

X. Miscellaneous Terms

Sam's Club reserves the right to modify, cancel or suspend delivery services, in whole or in part, or any of these Delivery Terms and Conditions at any time for any or no reason, in Sam’s sole discretion.

Sam’s Club aims to deliver your goods within the delivery or pickup window you selected when placing your order, but do not guarantee that goods will be delivered or available for pickup on or by a certain date or at a certain location.

Sam’s Club will not be liable for delivering the goods outside of the requested delivery or pickup slot, failing to deliver or make available for pickup all or any of the goods in your order, or failing to abide by your preferred delivery instructions.

Free Tire Repair Terms & Conditions

Sam's Club offers free tire repair as a member benefit regardless of where the tire was purchased. In order for Sam's Club to provide repair, the tires must meet USTMA (U.S. Tire Manufacturers Association) guidelines for repair.

Instant Savings Terms & Conditions

You can receive a copy of the Instant Savings Book ("ISB") at any club while the ISB is active. The book is also available online at SamsClub.com but only while the ISB is active.

• Instant Savings help you save on items throughout the Club. Offers are automatically redeemed after you scan your Membership card and then scan an Instant Savings item.
• The types of offers you could receive range from dollar-off to percentage-off discounts on a wide variety of products and services available.
• Instant Savings are typically used once, however some offers allow for multiple redemptions. Check for the limit indicator in each Instant Savings description.
• Instant Savings offers may vary by club location and may not be available in all locations, online and/or to Puerto Rico cardholders.

How long do Instant Savings offers last:

• Instant Savings durations may vary.
• The Instant Savings available and expiration dates are listed beside the item on your account summary that can be viewed online, or with the Mobile App.
• Because these are special, limited-time and/or limited quantity offers, Instant Savings cannot be redeemed before the available date or after the expiration date.

Sam’s Club Photos and Customization Terms and Conditions

INTRODUCTION

Welcome to the Sam’s Club Photos and Customization website (the “Site”). Sam’s West, Inc., together with its subsidiaries, affiliates, licensors, and its and their subcontractors and service providers (collectively, “Sam’s”) provide you access and use of the Site, subject to your compliance with these Terms and Conditions (as defined below) and the Sam’s Club Terms and Conditions. This Site is provided as a service to the Sam’s members who (i) accept the Terms and Conditions as provided for below and (ii) are active Sam’s members (“End User”, “You”, or “Your”). Please review the following terms and conditions (the "Terms and Conditions") that govern Your use of the Site and the goods, software and services provided, licensed or sold through or in connection with the Site (the "Products"). Please note that Your use of the Site and Your clicking of the “I Accept” button constitutes Your unconditional agreement to follow and be bound by the Terms and Conditions and the Sam’s Privacy Policy then in effect. Although You may "bookmark" a particular portion of this Site and thereby bypass the display of these Terms and Conditions, Your use of this Site still binds You to these Terms and Conditions then in effect. Sam’s reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Site following any such change constitutes Your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, Sam’s encourages You to review the effective date of the Terms and Conditions (which appears at the very top of this document) each time You access this Site and, if these Terms and Conditions have been revised since Your last visit to the Site, to review the revised Terms and Conditions which will apply to Your visit, Your use of the Site, and the use and purchase (as the case may be) of Products. In the event that You do not agree to these Terms and Conditions, You should cease use of the Site.

KEY TERMS FOR MEMBER USE OF SAM’S CLUB PHOTOS AND CUSTOMIZATION SERVICES

You acknowledge and agree that in order to utilize the Site and order the Products, You must be a Sam’s member with an active Sam’s membership.

If You do not agree to be bound by the Terms and Conditions and applicable law each time you access and use the Site or You do not have sufficient authority to agree to and accept the Terms and Conditions, You may not use the Site.

Sam’s may at any time, in its sole discretion and without prior notice to You delete any Materials (as defined herein). Further, You acknowledge and agree that in the event that You do not order Products from the Site for a period of 2 years or Your Sam’s membership terminates or expires for any reason, Sam’s may delete all of Your Materials on the Site without notice or liability to You or any third party.

OTHER PERSON'S RIGHTS: Your use of the Site, Products, and Content must not infringe, violate or misappropriate the legal rights of any other person (including, but not limited to, privacy and personality rights, moral rights, or other Intellectual Property Rights). You may not use the Site, Products, or Content in any manner that may be indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, p*rnographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, or that may otherwise be objectionable, as determined by Sam’s in its sole discretion. This prohibition extends to the posting or uploading of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct. Your use of the Site must not dilute or depreciate the name and reputation of Sam’s.

In the event that You suspect copyright infringement by another user, please provide notice pursuant to the Digital Millennium Copyright Act (“DMCA”) at: https://help.samsclub.com/app/answers/detail/a_id/250/~/copyright-infringement-policy.

SAM’S INTELLECTUAL PROPERTY OWNERSHIP

Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Content") are subject to intellectual property and other proprietary rights, including without in any way limiting the generality of the foregoing, copyrights, patents, trademarks, service marks, trade secrets and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), held by or licensed to Sam’s, and are protected by U.S. and international copyright, trademark or other applicable laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Site is the exclusive property of Sam’s and is also protected by U.S. and international copyright laws.

Sam’s expressly reserves all Intellectual Property Rights in all Content which appears on or is available through this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license to any of Sam’s or any third party's Intellectual Property Rights.

The Sam’s names and logos and all related product names, design marks and slogans are the trademarks of Sam’s. All other trademarks are the property of their respective owners. No trademark license is granted in connection with the materials or Content contained on or offered through this Site, or the Intellectual Property Rights embodied therein, arising therefrom or represented thereby. Access to this Site does not authorize anyone to use any name, logo or trademark in any manner whatsoever or to reproduce any Content.

References on this Site to any third party names, trademarks or products or any hypertext links to third party sites or information are provided solely as a convenience to You and do not in any way constitute or imply Sam’s approval, endorsem*nt, sponsorship or recommendation of such third party, such sites or such products or any representation or warranty as to the accuracy, adequacy, lawfulness or completeness of any such information. Sam’s is not responsible for the content of any third party sites and does not make any representations regarding the content or the lawfulness, accuracy, adequacy or completeness of material on such sites. If You decide to link to any such third party websites, You do so entirely at Your own risk.

PERMITTED USE OF THE SITE

Acceptable Conduct

All End Users of the Site must use the Site responsibly and with respect for all persons, in compliance with these Terms and Conditions and applicable law. Your use of the Site, including, without limitation, uploading materials on the Site, and Your use of Products and Content must be lawful, ethical, and respectful of the legal rights and interests of all other persons, including without limitation Sam’s.

Without limiting the above, the following rules apply to Your use of the Site:

LAWFUL USE: Your use of the Site, Content, and/or the Products must be lawful and must comply with all applicable domestic and foreign laws, regulations, rules, policies, treaties and tariffs, whether civil, criminal or otherwise. Access to the Site from locations where the Site or the Products may be illegal is prohibited.

SECURITY AND PERFORMANCE: The Site must not be used by You with any action, device, software, or routine which could directly or indirectly interfere (or attempt to interfere) with the proper working of the Site, compromise the security measures for the Site or impose an unreasonable or disproportionately large load or burden on the system on which it is stored and/or hosted or its infrastructure. You may not modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, Content, or the software underlying or offered on the Site, or delete, obscure or modify any proprietary notice contained on the Site or assist others in undertaking any of the foregoing. End Users are prohibited from violating or compromising or attempting to violate or compromise the security of the Site, including, without limitation, (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service or Site to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing," including without limitation any distributed denial of service attack; (iv) sending unsolicited email, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Sam’s may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from samsclub.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, etc.).

NO DATA COLLECTION: Your use of the Site must not involve any data matching or data mining, including without limitation the collection or use of information about other members or other users (including their email addresses).

Sam’s reserves the right, in its sole discretion, to determine whether any use by You of the Site, Products, or Content is in contravention of these Terms and Conditions.

ELIGIBILITY TO USE THE SITE AND ORDER PRODUCTS; ACCOUNT REQUIREMENTS

Eligibility Requirements

The Site can only be used by residents of the United States who are at least 18 years or older (or the age of majority in his or her relevant jurisdiction) and are otherwise in compliance with the Sam’s Club Member Terms and Conditions. End Users who wish to use, acquire and/or purchase Products (as the case may be) or use the Site must be capable of forming legally binding contracts under applicable law. The Site may not be used by persons who have previously had their Site membership or account revoked or by individuals in jurisdictions where the accessing or use of the Site, Content, Products, or materials contained on or accessible through the Site, may be illegal. It is solely Your responsibility to determine whether Your use of the Site is lawful, and You must comply with all laws applicable in Your jurisdiction, including any export restrictions. Sam’s reserves the right to limit the availability of the Site or the Products to any person, geographic area, or jurisdiction it may designate, at any time and in its sole discretion, and to limit the quantities or terms and conditions relating to any service, good, program, or other product that Sam’s provides or may provide. ANY OFFER OF SALE OF ANY GOOD OR SERVICE THROUGH THIS SITE IS VOID WHERE PROHIBITED.

Accounts

If Your Sam’s membership becomes inactive, suspended or terminated for any reason, Sam’s may delete or take down Your Materials (as defined below) without any further notice or obligation to You.

THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING, WITHOUT LIMITATION, ANY PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You must ensure that all use of Your account, whether by You or by any third party, complies with these Terms and Conditions.

All user IDs and passwords remain the property of Sam’s, and Your account may be cancelled or suspended at any time by Sam’s in Sam’s sole discretion without any prior notice or any liability to You or any other person.

You must respond promptly to all email and other correspondence from Sam’s which requests or requires a reply from You, including, without limitation, email and correspondence concerning complaints or concerns regarding Your use of the Site and the use of Your account.

License and Warranties

For all materials You may use or allow others to use in connection with the Site, including materials and photographs posted, uploaded or submitted to the Site (the "Materials"):

You grant to Sam’s a non-exclusive, royalty-free, perpetual, irrevocable, transferable, universal, sub-licensable, unrestricted, world-wide right and license to access, use, copy, reproduce, distribute, transmit, display, perform, communicate to the public, modify, adapt, publish, translate, create derivative works from, postprocess, transform or compress original Materials uploaded by you, in particular by transforming them into data vectors or multidimensional matrices for the purpose of being processed by neural networks, and otherwise use such Materials (in whole or in part) in connection with the Site and/or the Products, using any form, media or technology now known or later developed, without providing compensation to You or any other person, without any liability to You or any other person, and free from any obligation of confidence or other duties on the part of Sam’s;

You represent and warrant to Sam’s and all users of the Site that (i) the Materials and Sam’s and all users of the Site’s use of the Materials do not and will not violate, misappropriate or infringe the rights (including copyright, moral rights, and other Intellectual Property Rights and privacy and personality rights) of any other person or any applicable laws; and (ii) You have all the rights necessary to grant all rights and licenses set forth above; and

You also grant to Sam’s the right to use Your name in connection with the Materials.

Notwithstanding the foregoing, except as otherwise permitted herein, Sam’s will not disclose, use or modify Materials for marketing purposes without obtaining Your express permission unless required to do so by law.

Photos and Customization Services

End Users of the Site may be permitted to submit Materials to the Site for processing and purchase of prints or for the production and purchase of customized merchandise incorporating the Materials. Any such processing by Sam’s is expressly subject to the terms of these Terms and Conditions, including without limitation all disclaimers, limitation of liability, exclusions and indemnities. The acceptance of such Materials by the Site does not create any obligation for Sam’s to preserve or retain such Materials.

FEES, CHARGES AND TAXES, AVAILABILITY, PRICES, MISPRINTS AND ERRORS, ORDERS AND RETURNS

All fees and charges will be at the rates in effect at the time the charges were incurred. Charges incurred under these Terms and Conditions may include charges related to use (or in certain cases acquisition) of the Products, as well as charges related to goods and services provided by third parties but acquired through the Site. You are responsible for paying all fees, charges and applicable taxes associated with Your use (or acquisition) of the Products and any use (or acquisition) of the Products by any person using Your user ID or password. All amounts appearing on the Site are quoted in U.S. dollars.

Sam’s endeavors to provide current and accurate information on the Site. Nevertheless, misprints or other errors may occur. Accordingly, Sam’s reserves the right to change the prices, fees and charges associated with any of the Products, including without limitation any goods and services available through the Site, at any time and from time to time without any notice or any liability to You or any other person. Also, due to the popularity of some goods and services, Sam’s cannot guarantee that Products, goods, or services advertised on the Site will be available when ordered or thereafter. Sam’s also reserves the right at any time and in its sole discretion to reject, correct, cancel or terminate any order made through the Site.

The advertisem*nts on the Site are invitations for purchase orders, and are not offers to sell. Your properly completed and delivered order form constitutes Your offer to purchase the Products, goods, or services referenced in Your order. Your order shall be deemed to be accepted only if and when the Site sends an order acceptance email to Your email address. You may not cancel an order after having submitted Your purchase order unless otherwise specified in the applicable purchase order or email confirmation. The order acceptance may provide You with confirmation of the terms of the transaction and may also provide You with certain information regarding availability and/or delivery of the relevant Product.

All payments by You are due at the time You place an order on the Site. If any payment due is not made by You, Sam’s may, in addition to any other remedies it may have and at its sole discretion and without notice to You, suspend and/or terminate its performance under these Terms and Conditions and revoke Your account and Your access to and use of the Site. If legal action is necessary to collect any amount which You owe, then You will reimburse Sam’s for any and all expenses incurred in collecting such amount, including without limitation all legal fees, all costs and all disbursem*nts.

All transactions initiated and/or conducted through the Site are governed by these Terms and Conditions and the terms of Sam’s payment processor found at https://www.authorize.net/en-us/about-us/terms.html.

All Products in connection with this Site are subject to Sam’s return policy at: https://www.samsclub.com/content/returns.

Sam’s has made reasonable efforts to display as accurately as possible the colors of Products (including without limitation digital images and custom merchandise) that appear on or are displayed on or through the Site. However, as the actual colors You see will depend on Your monitor, Sam’s cannot guarantee that Your monitor's display of any color will be accurate.

INDEMNIFICATION

You agree to defend, indemnify and hold Sam’s and its respective directors, officers, employees and agents harmless from and against any and all allegations, investigation demands, actions, claims, suits and proceedings (“Claims”) and all resulting damages, judgments, losses, assessments, deficiencies, costs and expenses, including legal fees, court costs, and disbursem*nts, arising from or related to (i) Your use of the Site (regardless as to whether or not such use is permitted under these Terms and Conditions), (ii) any Materials You submit or post on the Site, including, but not limited to, any claims that the Materials infringe, violate, or misappropriate the Intellectual Property Rights of a third party, (iii) Your use of the Products, (iv) any breach (or alleged breach) of these Term and Conditions, or (v) any violation of any applicable law. This provision shall survive the termination of these Terms and Conditions and remain in full force and effect after any such termination.

You shall promptly notify Sam’s of the assertion, filing, or service of any Claim that is or may be covered by this indemnity, and shall immediately take such action as may be necessary or appropriate to protect the interests of Sam’s, its officers, directors, employees and agents. Sam’s shall select the legal counsel to defend the interests of Sam’s at Your sole cost and expense. Upon Sam’s request, You will promptly provide reasonable cooperation and assistance to Sam’s with respect to any Claim involving Sam’s that relates to these Terms and Conditions or Your acts or omissions. Sam’s shall at all times have the right to direct the defense of, and to accept or reject any offer to compromise or settle, any lawsuit, claim, demand or liability asserted against Sam’s or any of its officers, directors, employees or agents, and You will not settle or resolve any portion of any such claim or lawsuit without Sam’s prior written approval.

PRIVACY AND PERSONAL INFORMATION

Personal information which may be collected from individuals who access this Site, including without limitation names, postal addresses, telephone numbers, email addresses, age, and any metadata embedded in uploaded photos will only be collected for the purposes of providing the Products and operating the Site. Our collection and use of Your personal information are governed by the Sam’s Privacy Policy, and You consent to all actions we take with respect to your information consistent with our Online Privacy Policy.

TERMINATION OF THESE TERMS AND CONDITIONS

These Terms and Conditions (as same may be amended from time to time by Sam’s in its sole discretion) constitute an agreement between You and Sam’s, effective upon Your initial entry to the Site unless and until terminated by Sam’s.

If You breach any provision of these Terms and Conditions, then Sam’s may (but is not obligated to) revoke Your account and terminate these Terms and Conditions, may prohibit You from using the Site, from using and/or acquiring the Products, and/or terminate Your Sam’s membership.

Sam’s may, in its sole discretion and at any time, change, suspend, discontinue, or terminate, temporarily or permanently, the Site or any part of it or Products, for any reason and for convenience, without any notice to You and without any liability towards You or any other person.

Sam’s may at any time and for any reason, with or without cause, and in its sole discretion, immediately: (i) suspend or terminate (in whole or in part) Your authorization to use the Site and any account You may have; (ii) suspend or terminate and permanently delete and destroy any user ID, password or account information; (iii) remove from the Site and permanently delete and destroy any Materials that You or others may have posted or submitted to the Site (and for purposes of these Terms and Conditions, "posted" and "submitted" includes transmission on or through the Internet and in hardcopy format through facsimile or post) for any reason or for convenience; (iv) restrict access to the Materials posted or submitted to the Site and to any account You may have; and (v) bar You from any future use of the Site; all without any prior notice or liability to You or any other person.

Sam’s is not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that it may receive regarding any Materials that You may use or allow others to use in connection with or via the Site (including Materials posted or submitted to the Site) before Sam’s takes any remedial action that it considers, in its sole discretion, to be appropriate.

If these Terms and Conditions are terminated by Sam’s for any reason, then: (i) these Terms and Conditions will continue to apply and be binding upon You in respect of Your prior use of the Site, including payment of any charges accrued in connection with use of the Site, including without limitation purchases of any Products; (ii) Sam’s may immediately, but does not have the obligation to, remove from the Site and permanently delete and destroy any Materials that You or others may have posted or submitted to the Site without any prior notice or liability to You or any other person; (iii) any fees and charges previously paid by You for unused services will not be refunded; and (iv) You must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms and Conditions or otherwise.

DISCLAIMER OF WARRANTIES

THIS SITE AND THE PRODUCTS PROVIDED THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SAM’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SAM’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, PERFORMANCE OR DURABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SAM’S DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT AVAILABLE THROUGH THIS SITE. YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.

WITHOUT ANY LIMITATION TO THE FOREGOING:

THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND SAM’S CONTROL. THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD PROTECTION MAY NOT PREVENT UNAUTHORIZED ACCESS TO MATERIALS YOU MAY USE OR ALLOW ANY OTHER PERSON TO USE IN CONNECTION WITH THE SITE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SITE;

THIS SITE AND THE PRODUCTS PROVIDED ARE MADE AVAILABLE TO END USERS IN THE UNITED STATES, AND SAM’S MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE OR THE PRODUCTS ARE APPROPRIATE FOR USE IN OTHER LOCATIONS. NO PART OF THIS SITE OR THE PRODUCTS SHOULD BE CONSTRUED AS AN OFFER OR SOLICITATION BY OR TO ANYONE TO WHOM SUCH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE;

SAM’S MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT PASSWORD PROTECTION FOR MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SITE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SITE, WILL PREVENT UNAUTHORIZED ACCESS TO THOSE MATERIALS OR THAT THE MATERIALS YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SITE, INCLUDING MATERIALS POSTED OR SUBMITTED TO THE SITE, WILL NOT BE MISUSED BY ANY OTHER PERSON;

YOU ARE SOLELY RESPONSIBLE FOR PROVISIONING, CONFIGURING AND MAINTAINING ALL EQUIPMENT AND SOFTWARE YOU USE OR ALLOW OTHERS TO USE IN CONNECTION WITH YOUR USE OF THE SITE AND THE ACQUISITION OF PRODUCTS, INCLUDING ALL COMPUTERS, TELEPHONE AND INTERNET SERVICE AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT, AND SOFTWARE;

SAM’S MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE SITE AND/OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT AND SOFTWARE;

SAM’S IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF THE USERS OF THE SITE OR OTHER USERS OF THE PRODUCT;

SAM’S DOES NOT CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE SITE AND DOES NOT MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THESE TERMS AND CONDITIONS;

YOU MAY FIND SOME OF THE MATERIALS POSTED AND MADE AVAILABLE TO YOU TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SITE AND RELATED PRODUCTS;

SAM’S MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;

SAM’S MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE SITE, THE INFORMATION OBTAINED THROUGH THE SITE, OR ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED THROUGH THE USE OF THE SITE WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, OR AUTHENTIC;

SAM’S MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY MATERIALS FROM THE SITE, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS OR BUGS; AND

SAM’S MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE USE OF THE SITE, INCLUDING THE DOWNLOADING AND REPRODUCTION OF MATERIALS POSTED OR SUBMITTED TO THE SITE, WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS OF ANY PERSON.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL SAM'S, OR ITS DIRECTORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER PERSON, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL LOSSES OR DAMAGES, OR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO YOUR MEMBERSHIP OR PARTICIPATION IN SAM'S CLUB SERVICES OR YOUR USE OF THE SITE, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO SAM'S ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE AND YOUR MEMBERSHIP DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO SAM'S ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE SITE.

GENERAL PROVISIONS, DISPUTE RESOLUTION, ARBITRATION, AND APPLICABLE LAW

A. Arbitration Agreement.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND SAM’S CLUB, INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY SAM’S CLUB, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS, YOU AND SAM’S CLUB AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. This paragraph may be referred to as the Arbitration Agreement in these Terms and Conditions.

B. Class Action and Mass Action Waiver.

YOU AND SAM’S CLUB AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and Sam’s Club each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, collective action, or Mass Action to the maximum extent permitted by law. “Mass Action” means a situation in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than one hundred (100) arbitration Demands with common questions of law or fact against Sam’s Club within 180 days of initiating your arbitration Demand. This paragraph may be referred to as the “Class Action and Mass Action Waiver” in these Terms and Conditions. Nothing in these Terms and Conditions precludes you from bringing issues to the attention of federal, state, or local government agencies and, if the applicable law allows, such agencies may seek relief against Sam’s Club for you.

C. Initiating a Demand for Arbitration.

Any arbitration required by the Arbitration Agreement shall be initiated by You or Sam’s Club by sending the other a written demand for arbitration (“Demand”) only via first-class mail, FedEx, or UPS within the statute of limitations period. Your Demand shall be delivered to: Sam’s Club Legal Department, 702 SW 8th Street, Mailstop 0215, Bentonville, AR 72716. The Demand must include (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the original personal signature of the party seeking arbitration; and (v) the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration. For purposes of this paragraph, “original personal signature” does not include any digital, scanned, electronic, copied, or facsimile signature. An original personal signature on the Demand certifies the following: (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The original personal signature by the party seeking arbitration shall verify under penalty of perjury that the factual statements contained in the Demand are true and correct. Compliance with this paragraph tolls any applicable statute of limitations as to any dispute or claim subject to the Arbitration Agreement that is stated in the Demand.

D. Filing a Demand for Arbitration.

A party seeking arbitration of any dispute or claim subject to the Arbitration Agreement shall submit a copy of the Demand to the American Arbitration Association (“AAA”) sixty (60) or more days after the Demand is initiated pursuant these Terms and Conditions. The arbitration will be administered by the AAA pursuant to the current AAA Consumer Arbitration Rules, except to the extent modified by these Terms and Conditions. The AAA rules and instructions are available on the AAA website at www.adr.org/consumer.

E. Conduct of Arbitration.

In any arbitration of a dispute or claim that is subject to the Arbitration Agreement:

1. You or Sam’s Club may file such dispositive motions as would be permitted by the Federal Rules of Civil Procedure without obtaining permission from the arbitrator. Upon the filing of any dispositive motion, the arbitrator may stay all further action and deadlines in the arbitration until deciding such motion.
2. The parties shall have the right to conduct such discovery from the opposing party or any third party that is proportional to the needs of the claim or dispute, considering the importance of the issues at stake, the amount in controversy, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Proportionality shall be decided by the arbitrator when requested by either party.
3. The arbitrator shall conduct any calls, conferences, or hearings by teleconference or videoconference, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person hearing will be held at a location that is reasonably convenient. You and an employee of Sam’s Club shall attend all arbitrator calls, conferences, and hearings.
4. A party may make a written offer of judgment at least seven (7) days before the date set for the arbitration hearing.
5. If the arbitrator finds that a party’s claim, counterclaim, or appeal was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator shall award the opposing party its attorneys’ fees, costs, and expenses and all amounts charged by AAA for the arbitration.
6. The arbitrator will follow these Terms and Conditions and the law. The arbitrator shall not have the authority to commit errors of law or legal reasoning. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties.
7. You or Sam’s Club may appeal an arbitration award that manifestly disregards the law by filing a notice of appeal with the AAA within 30 days after an award is rendered and delivered to the parties. The appeal shall be heard by a single arbitrator unless the parties agree to a multi-arbitrator appellate panel. The arbitrator(s) assigned to the appeal shall be selected by agreement of the parties from among those on the AAA Appellate Panel. If the parties are unable to agree, AAA shall appoint the arbitrator(s) from among those on the AAA Appellate Panel. An arbitrator who previously presided over any aspect of a case shall be ineligible from serving as an appellate arbitrator in that same case. The appeal, including briefing, shall be conducted pursuant to the parties’ agreement or the appellate arbitrator(s)’ orders if the parties are unable to agree.

F. Process for Arbitration Bellwether Demands.

If twenty-five (25) or more Demands for arbitration of a dispute or claim subject to the Arbitration Agreement are initiated (i) that involve common questions of law or fact and (ii) where the initiating parties are represented by the same law firm, the same group of coordinated law firms, or the same representative, then such Demands shall be coordinated pursuant to this paragraph. The group of claimants and group of respondents shall each select five (5) Demands, for a total of ten (10), to be filed with AAA (collectively the “Bellwether Demands”). Each of the Bellwether Demands shall be assigned by AAA to a different arbitrator chosen from its national roster. After ninety (90) days from the date all Bellwether Demands have been arbitrated and any appeals exhausted, any remaining Demands subject to this paragraph may be filed with AAA. The AAA Supplementary Rules for Multiple Case Filings shall apply to the extent they are not inconsistent with this paragraph. Notwithstanding any other provision in the Terms and Conditions, You and Sam’s Club agree that a court of competent jurisdiction shall have authority to enforce the terms of this paragraph with injunctive or other relief.

G. Severability.

If (i) any dispute or claim subject to the Arbitration Agreement is filed as a class arbitration, class action, collective action, representative action, or Mass Action and (ii) if the Class Action and Mass Action Waiver is held invalid or unenforceable as to such dispute or claim, then the Arbitration Agreement does not apply to that dispute or claim and such dispute or claim must be brought in a court of competent jurisdiction. If any provision other than the Class Action and Mass Action Waiver is held invalid or unenforceable as to a particular dispute or claim, then such provision shall be severed from the Terms and Conditions, and the remainder of the Terms and Conditions shall be enforceable to the maximum extent permitted by law.

H. Applicable Law.

The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of these Terms and Conditions. If the FAA is found not to apply to any portion of these Terms and Conditions, then the applicable laws of the State of Arkansas shall apply without regard to choice-of-law principles

Prescription Eyeglasses Terms & Conditions

Buy a complete pair of prescription eyeglasses (frames and lenses) at regular price and Sam's Club Plus Members receive 20% off the purchase. Valid prescription required. Offer applies to prescription eyeglasses and prescription sunglasses. Professional eye exam not included. This offer does not apply to individuals using vision insurance of any kind, including Medicaid or Medicare, for all or part of their purchase. This offer is non-transferable, may not be combined with other offers. Available in club only.

Prescription Program Terms & Conditions

Sam's Club Plus Program: The Sam’s Club Plus Program is not insurance and cannot be combined with any insurance. This program is only available to Sam’s Club Plus Members at participating Sam’s Club Pharmacy locations. Not available on SamClub.com. Visit SamsClub.com/RxSavings to see the drug price, formulation, strength, and quantity available for Plus Members. Covered drugs may vary. Program prices are limited to a 30 day supply. There will be an additional cost for quantities greater than listed quantity. The Plus Member price is not available if a drug is part of a compounded prescription or for purchases submitted to any health benefit program, pharmacy benefit program, insurer, or state/federal government health care program. Program prices are not available to the general public and do not constitute Sam’s Club usual and customary prices. May not combine with other offers. Free drugs are only available at no additional cost to Sam’s Plus Members. The Free drug benefit is not available in AZ, CA, MN. Free drugs available to Sam’s Club Plus Member only at select Sam’s Club Pharmacy locations. In Arizona, California, and Minnesota, drugs listed in the Free drug benefit are available for $2 for a 30 day supply. Discount savings are based on the dispensing Sam’s Club Pharmacy’s regular retail cash price. Program pricing is limited to in stock items by select manufacturers of a covered drug at the dispensing pharmacy. Taxes or other fees may apply. Other restrictions apply. Terms subject to change without notice. See SamsClub.com or your local Sam’s Club Pharmacy for details.

Rx Savings Powered by America's Pharmacy: DISCOUNT ONLY – NOT INSURANCE. The Program as offered by Sam's Club is only available to Sam's Club members. There are no additional fees for Sam's Club members to use the Program. Discounts are available exclusively through participating pharmacies. The range of discounts will vary depending upon the type of prescription and the pharmacy you choose; the program delivers average savings of 65%, with potential savings of up to 80% off of the regular retail prices based upon 2022 national program savings data. The program cannot be used with any insurance plan or government funded program such as Medicare or Medicaid. Program prices are not available to the general public and do not constitute Sam’s Club usual and customary prices. The drug formulary is open. Prescription prices may vary from pharmacy to pharmacy and are subject to change. The pricing estimates given are based on the most recent information available and may change based on when you actually fill your prescription at the pharmacy. Members are required to pay for all health care services. America's Pharmacy is not a pharmacy; we do not engage in the practice of pharmacy, including but not limited to, we do not counsel consumers about prescription medications, and we do not dispense any prescription medications. Discounted prescriptions available through the program are dispensed by licensed pharmacies who have agreed to participate in our prescription discount program offering. You may cancel at any time or file a complaint by calling the toll-free customer care number at 1-844-863-0353. If a Member remains dissatisfied after receiving MedImpact's response to a complaint, the Member may contact the Member's state department of insurance. The program is administered by MedImpact Healthcare Systems, Inc. 10181 Scripps Gateway Ct., San Diego, CA 92131. Please visit samsclub.americaspharmacy.com for program details.

Sam's Club Pharmacy uses technology and services owned by MedImpact Healthcare Systems, Inc. (“MedImpact”) to provide the prescription savings search results on samsclub.com (the “Website”). Sam's Club Pharmacy licenses such technology and services and does not claim to own them. The information, content and materials contained at and within the website is provided for informational and educational purposes only. IT IS NOT MEANT TO BE A SUBSTITUTE FOR PROFESSIONAL COUNSELING AND/OR ADVICE FROM CERTIFIED MEDICAL, LEGAL OR FINANCIAL PROFESSIONALS. FOR SPECIFIC ADVICE REGARDING YOUR PARTICULAR SITUATION, YOU MUST SEEK ADVICE FROM QUALIFIED MEDICAL, LEGAL, TAX OR FINANCIAL ADVISORS.

Satisfaction Guarantee Terms & Conditions

A. Introduction

Sam's Club is committed to offering quality products and services at an exceptional value. Our goal is to ensure that our products and services meet or exceed your expectations on quality and performance and that you're satisfied with your Sam's Club membership. We do this through Sam's Club's 100% Membership Satisfaction Guarantee and 100% Merchandise Satisfaction Guarantee programs ("Guarantee Programs") available exclusively to current active members only. These Terms and Conditions ("Satisfaction Guarantee Terms and Conditions") explain the Guarantee Programs and set forth Sam's Club's return, exchange, and refund policies. No other agreement or guarantee will remove or waive the limitations and conditions for set forth in these Terms and Conditions. Any statements to the contrary are null and void unless agreed to in writing by an authorized officer of Sam's Club. Sam's Club reserves the right to discontinue any guarantee program or to update or modify these Terms and Conditions without notice to you.

Sam's Club shoppers are also subject to Membership Terms and Conditions and the policies and terms of other applicable Sam's Club programs, services, and promotions, all of which may change without notice.

B. General Terms

Sam's Club may limit or refuse requests for exchanges or refunds in the event of a local, regional or national emergency, fraud, abuse of privileges, or violations of these Satisfaction Guarantee Terms and Conditions, as determined in Sam's Club's sole discretion. In the case of fraud or abuse of privileges, Sam's Club may reverse the amount originally refunded or recharge the amount originally refunded.

These Satisfaction Guarantee Terms and Conditions do not affect any manufacturer's warranty or requirements, limitations, or restrictions, which may vary by product or service. They also do not change any Member Services Benefits or Protection Plans. See specific Member Services Benefits information or Protection Plan information for details.

C. 100% Membership Satisfaction Guarantee

If at any time you're unsatisfied with your Membership, let us know and we will cancel your membership and provide a refund of the amount paid for your current year Membership fee. Notwithstanding anything to the contrary, there's a limit of one Plus Membership cancellation per household or business per year.

If you’re unsatisfied with your Plus Membership, let us know and request a refund. We will reimburse the amount you paid for your Plus upgrade either to the original payment method or through an eGift Card sent to your email. There’s a limit of one downgrade refund per household or business per year.

• Downgrade refunds are only available for members in active or expired status. A member must not be in deleted or revoked status to receive a downgrade refund.
• Downgrade refunds are for the current membership year only and not for prior years. In other words, a member is not eligible to receive a downgrade refund for prior years if they are now in a new membership year.

D. 100% Merchandise Satisfaction Guarantee

If you are not satisfied with the merchandise you purchased from Sam's Club, whether in-Club or online, we'll replace it or provide a refund in most cases. Some products have different policies, requirements and restrictions associated with them.

1. General Requirements and Restrictions

• In-Club Purchases. Purchases made at any Sam's Club location in the U.S. may be returned to any Sam's Club location in the U.S.
• Online Purchases. Most purchases made on SamsClub.com may be returned to any Sam's Club location in the U.S., through SamsClub.com or by calling the Member Service Center at 888-746-7726. Exceptions will be noted on the products item page and during the SamsClub.com checkout process. For example, refunds for cakes ordered online must be initiated at the Member Service Desk at any Sam’s Club location in the U.S.
  • SamsClub.com. To request a return through SamsClub.com, login and go to "My Account" then "Order History".
  • Member Service Center. To request a return by calling the Member Service Center at 888.746.7726, follow the prompts for "SamsClub.com" and "returns". Please have your order number available.
• Membership Card or Photo ID. You may be required to present your membership card and/or valid photo identification.
• Receipts. We prefer that you provide your original receipt or printed order, but if it is not available, we will do our best to process your return without it.
• Product/Order Contents. You may be required to return the product with all product/order contents including packaging (boxes, manuals, warranty cards, etc.), parts, accessories, etc. This includes any promotional gifts, gift/shopping cards provided with the purchase. Sam's Club reserves the right to deny the refund in full or provide a partial refund if only part of the purchase is returned. Some products do not need to be returned in order to receive a refund. For example, some fresh products, cakes ordered online and other products as determined in Sam’s Club sole discretion do not need to be returned in order to initiate a refund.
• Number of Returns and Time Period. Sam's Club reserves the right to limit the number of returns and limit returns to items returned within a reasonable time period after purchase, as determined in Sam's Club's sole discretion.
• Refunds/Credits.
  • Tender Type. Certain restrictions and limitations may apply regarding the tender type (cash, credit, etc.) of the refund or credit.
  • Purchases Returned to a Sam's Club Location. You will receive credit to the account that was charged at the time of purchase if at all possible. Otherwise, we may provide your refund on a Sam's Club Gift Card or in the form of Sam’s Cash.
  • Online Purchases Returned via SamsClub.com. You will receive credit to the account that was charged at the time of purchase for merchandise returned through the SamsClub.com process if at all possible and this may take several weeks due to return shipping and processing time. Otherwise, we may provide your refund on a Sam’s Club Gift Card or in the form of Sam’s Cash.
  • Purchases via Government Funded Assistance Programs. Certain limitations and restrictions may apply to purchases using certain government funded assistance programs, including but not limited to, SNAP (Supplemental Nutrition Assistance Program) and WIC (Women, Infants and Children). Returns for items purchased under these programs must follow program requirements set forth by the government regulatory agency and applicable law. You may be required to exchange for the exact item being returned. All EBT (Electronic Benefit Transfer) refunds must be applied to the member's EBT card.
  • Tax. Tax refunds are governed by local laws and may vary by location.
  • Instant Savings/Promotions. If a purchase was made using Instant Savings or other promotions, refunds or credits will be calculated based on the price minus the Instant Savings amount or other promotional savings.
• Shipping/Delivery Charges. Shipping and delivery charges will be refunded or credited only if the return is a result of an error by Sam's Club or damaged during shipping.

2. Specific Products/Purchases

If a Member is not satisfied with the merchandise they purchased from Sam's Club, whether in-club or online, we'll replace it or provide a refund in most cases with the following exceptions:

No Returns accepted on:

• Gift Cards & Prepaid Cards
• Tickets
• Some custom products (personalized gifts, photos, etc.), as determined in Sam’s Club sole discretion
• Purchases made via the Sam's Club Wholesale Trading Program
• Prescriptions may not be eligible for return. Please contact a pharmacist at the Pharmacy where originally purchased for more information.

Some services and products may be offered with their own return policy, product-specific warranties, limitations, restrictions and/or requirements including but not limited to:

• Adult Beverages (Wine, Beer and Spirits). Returns of adult beverages are governed by local laws and may vary by location. Please contact your local club for more information.
• Automotive Tires & Batteries. Return requests for automotive batteries and tires should be made to the Tire and Battery Center in Sam's Club. For more information regarding warranties, refer to the information provided at the time or purchase or contact your club manager.
• Bulk/Volume Purchases in Club and via SamsClub.com. A single order of ten (10) units or more of the same item within a 24-hour period; multiple orders of ten (10) units or more of the same item within a 24-hour period; orders of two or more units that exceed $10,000; or five hundred (500) orders within a rolling twelve (12) month period are considered "Volume Purchases". Volume Purchases cannot be returned, except in the case of manufacturer defects or damage. All damages must be submitted with photos to samsbulk@SamsClub.com within 72 hours after delivery for online purchases. Sam's members who request online orders to ship into a third-party facility or to a freight forwarder are responsible for auditing and ensuring their orders arrive complete and free of damage.
• Cakes. Refunds for cakes ordered online must be initiated at the Member Service Desk in any Sam’s Club location in the U.S.
• Cigarettes and Tobacco. Returns of cigarettes or tobacco may require supplier representative approval due to promotional incentives or previous agreements and must be returned to the Tobacco Center in the location where originally purchased.
• Jewelry & Watches must be returned to the Jewelry Counter.
• Hearing Center Purchases can be returned to any club that has a Hearing Center.
• • Optical Purchases (Prescription glasses, contacts, etc.)– can be returned to any club that has an Optical Department within the first year. Prescription glasses can be remade and contacts can be returned/exchanged within 60 days with proof of prescription change by OD/DR. Open contact lens boxes, vials, bottles (not related to shipping damage) are not eligible for return. Custom made RGP contact lenses and other custom prescription products are not eligible for return. Contact Lenses purchased online are subject to the return requirements detailed at https://www.samsclubcontacts.com/returns.asp
• Protection Plans
• Services (subscriptions, travel, etc.) See specific subscription or service for full details.

Subscription Order Service Terms & Conditions

I. Introduction

These Subscription Order Service Terms and Conditions govern Sam's Club's Subscription Order Service. The Sam's Club Subscription Order Service allows Members to save time by subscribing online to have products shipped regularly on a schedule of the Member's choosing. By participating in the Subscription Order Service, you acknowledge that you have read these terms and conditions, understand them, and agree to be bound by them, and you further understand that you are authorizing an automatic, recurring charge to your chosen method of payment each time a Subscription Order is filled.

Participation in the Subscription Order Service is subject to these Subscription Order Service Terms and Conditions, the Membership Terms and Conditions, the Website Terms and Conditions, and other Sam's Club rules and policies as may be applicable. Participation in the Subscription Order Service constitutes acceptance of these Subscription Order Service Terms and Conditions.

All Sam's Club rules, including these Subscription Order Service Terms and Conditions, may be amended from time to time without notice.

For more information about starting a Subscription Order, or changing, pausing, or canceling a Subscription Order, go to Learn more page.

II. Sam's Club Membership or Guest Membership Required

Only current Sam's Club Members or Guest Members who have an online account, who have a current email address, and who are shipping to addresses in the 48 contiguous United States (excludes Puerto Rico, Guam, the US Virgin Islands, PO Boxes or to Military APO/FPO addresses) may place Subscription Orders.

III. Starting a Subscription

Subscription Orders are limited to items displayed on SamsClub.com that have a "Subscribe" link, which you may use to start a Subscription Order. Participation in the Subscription Orders Service may not be assigned or transferred.

IV. Processing Subscription Orders

If any problems arise with your Subscription Order, or with the shipping address or payment method associated with your order, and Sam's Club is unable to resolve the problem, we may notify you via e-mail using the address associated with your Membership or Guest Membership. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your Subscription Order that Sam's Club cannot resolve, your order may be cancelled, and any future Subscription Orders may not be processed by Sam's Club until the problem has been resolved.

V. Accepted Payment Methods

Payment for Subscription Orders may be made in any form authorized under the Membership Terms and Conditions for online purchases, except that no gift cards, or debit cards are accepted for Subscription Orders.

VI. Subscription Order Billing

The total cost for each item charged to your designated payment method for each recurring Subscription Order will be the cost of the item on the day that the recurring order is filled rather than the day the original subscription order was placed, plus any applicable sales tax.

The charge for each Subscription Order shipment will be billed to the payment method used to create your Subscription Order account or other card on file. If we are unable to complete your Subscription Order, your order will be cancelled unless or until you update your payment method information. Please remember to update your payment method information as necessary to avoid delays or cancellations. Your Subscription Order will remain in effect until it is cancelled by you or Sam's Club, or if the order cannot be fulfilled.

VII. Low Inventory or Item Out of Stock

If Sam's Club no longer has the item you ordered in stock, you will be notified via the email associated with your Membership Account or Guest Membership. If Sam's Club does not have a sufficient number of the items to satisfy your order, it reserves the right to make a partial shipment based on the amounts available.

VIII. Changing, Canceling, or Skipping Subscription Orders

If you choose to enroll in a Subscription Order, you will continue to receive your order until you cancel your Subscription Order. After you have created a Subscription Order, you can change, cancel, or skip your Subscription Order in My Subscription page. From there you can modify your shipping address, change the delivery frequency, update your payment method, or pause or resume an order.

You will receive a Subscription Order reminder email prior to your order being shipped. The email will contain information on how to change or cancel your Subscription Order, or you can make the changes via your Order History page. Any changes made by you to your Subscription Order will take effect with your next scheduled delivery, but these changes made by you to your Subscription Order must be made prior to 5 p.m. EST on the Sunday prior to the date your next order will be placed to be effective for your next order.

IX. Returns

All returns of Subscription Orders are subject to the Sam's Club Return Policy available here.

X. Shipping and Delivery

Shipping and Delivery prices and timelines may vary on shipping location and is subject to the Shipping and Delivery prices and timelines in effect at the time of shipment for each Subscription Order.

XI. Termination and Interruptions

• Sam's Club reserves the right to amend, cancel or temporarily suspend the Subscription Order Service, in whole or in part, or change any of these Subscription Order Service Terms and Conditions at any time for any or no reason. If this occurs, you will only be charged for orders that have been shipped to you.
• Sam's Club will not be liable for any interruptions to the Subscription Order Service. We aim to have your goods ordered, shipped, and delivered per your Subscription Order schedule, but we do not guarantee that Subscription Orders will be processed and delivered on or by any date.

Sam's Club Third-Party Service Subscription Terms and Conditions

I. Introduction

The Sam's Club Third-Party Service Subscription platform allows eligible Members to subscribe to subscription services provided by third parties. By purchasing such service subscription, you acknowledge that you have read these terms and conditions, understand them, and agree to be bound by them, and you further understand that you authorize an automatic, recurring charge to your chosen payment method or other payment method saved to your SamsClub.com account, as set forth in Section IV below.

Your purchase of a third-party service subscription is subject to these Third-Party Service Subscription Terms and Conditions and the SamsClub.com Terms and Conditions, including the SamsClub.com Terms and Conditions, including the Clubs, Site and Membership Terms of Use and other Sam's Club rules and policies as may be applicable.

All Sam's Club rules, including these Third-Party Service Subscription Terms and Conditions, may be amended from time to time without notice.

II. Sam's Club Membership and Other Requirements

To subscribe to a third-party service subscription, you must:

• Have a current Sam's Club membership;
• Have a current SamsClub.com account;
• Have a current email address; and
• Be a current resident of the United States or the District of Columbia.

For residents of Vermont, annual subscriptions are not available for automatic renewal. For residents of the District of Columbia, 30-day or longer free trials with automatic renewal are not available. With respect to each third party that offers a service subscription, there is a limit of one (1) such subscription per Sam's Club member.

III. Accepted Payment Methods

Payment for a third-party service subscription may be made in any form authorized under the Membership Terms and Conditions for online purchases, except that Sam's Club Credit Direct Accounts and digital wallet service-Visa Checkout will not be accepted for third-party service subscriptions. A Walmart or Sam's Club gift/e-gift card may be used for the initial interval of a third-party service subscription (i.e., the first month or year); however, such payment method may not be used for subsequent intervals of the service subscription. Irrespective of the payment method used for initial purchase, a valid preferred card is needed on file to complete checkout of a third-party service subscription.

IV. Third-Party Service Subscription Billing

The price, plus any applicable taxes, for a third-party service subscription is disclosed to you when you place your order. You will be charged when you place your order, regardless of when you activate or start the service subscription with the third party. You will then be automatically charged on a recurring basis at the interval you have selected (e.g., monthly) unless and until you change or cancel your third-party service subscription. Note that the service subscription price may change at any time, and the price will change if your Sam's Club membership tier changes. See the table in Section V, below, for details. You agree to waive the right to receive notice of all variations in price, and instead agree to receive such notice only if the price for the third-party service subscription increases by more than twenty dollars ($20.00). In such a case, and if the payment method you selected, or that Sam's Club will charge, is a debit or prepaid card, Sam's Club will provide you with notice at least ten (10) days in advance of the next recurring charge at the higher price, and you will have the option to cancel your subscription. The notice will be sent to the email associated with your SamsClub.com account.

The price, plus any applicable taxes, for each interval (e.g., each month) will be billed to the payment method selected by you on the subscriptions page of your SamsClub.com account, subject to Section III (Accepted Payment Methods) above. If we are unable to complete payment for your third-party service subscription with the payment method you selected to purchase your third-party service subscription (for example, because that payment method has expired or is otherwise unavailable), you agree that we may charge any other payment method stored in your SamsClub.com account until you select a new designated payment method. If no payment methods in your account can be used, your service subscription will be canceled by Sam's Club unless or until you update your payment method information in your SamsClub.com account. Please remember to update your payment method information as necessary to avoid delays or cancelations. Your third-party service subscription will otherwise remain in effect until it is canceled by you or Sam's Club.

A free-trial period may be offered to first-time subscribers of certain third-party service subscription plans. There is a limit of one (1) free trial period per member across all eligible third-party service subscription plans on each third-party service subscription description page on SamsClub.com. Any free-trial period for a third-party service subscription will begin on the date of purchase on SamsClub.com. You will be automatically charged for the third-party service subscription at the end of the free-trial period unless you cancel at least twenty-four (24) hours before the free-trial ends. See Section V, below, for instructions on how to cancel. If you upgrade your third-party service subscription during the free trial period, you will lose your free trial, and Sam's Club will charge you immediately for the upgraded third-party service subscription plan.

V. Changing and Canceling Third-Party Service Subscriptions

If you choose to purchase a third-party service subscription, you will continue to receive the subscription until you change or cancel the subscription or your Sam's Club membership. You can change or cancel your third-party service subscription on the subscriptions page in your SamsClub.com account. From there, you can also modify or update your payment method. You must cancel at least twenty-four (24) hours before the end of your current interval in order to avoid being charged for the next interval of your third-party service subscription. For example, if your subscription is monthly, you must cancel at least twenty-four (24) hours before the end of the current monthly billing interval in order to avoid a charge for the next monthly interval, and if your subscription is annual, you must cancel at least twenty-four (24) hours before the end of the current annual billing interval in order to avoid a charge for the next annual interval. There are no refunds for third-party service subscriptions. Contact the Sam's Club customer service center at https://help.samsclub.com.

The table below sets out the effects of various changes on monthly, quarterly and annual service subscriptions:

VI. Termination and Interruptions

Sam's Club reserves the right to amend, cancel or temporarily suspend the Third-Party Subscription Service platform, in whole or in part, or change any of these Third-Party Subscription Service Terms and Conditions at any time for any or no reason. If this occurs, you will not incur any new charges in connection with your cancelled third-party service subscription.

Sam's Club will not be liable for any interruptions to a third-party service subscription.

Scan and Go Terms & Conditions

I. Introduction

The Sam's Club Scan & Go App ("SNG App") is designed to allow users to use their smartphones to scan items for purchase in participating Sam's Clubs and skip long checkout lines. Use of the SNG App is subject to these SNG App Terms and Conditions. By using the SNG App, you agree that you have read, understood, and accepted the Terms and Conditions and consent to be bound by them.

In addition to these Terms, use of the SNG App is subject to the Terms and Conditions of SamsClub.com, which are available here. All information provided by users of the SNG App will be controlled by the Sam's Club Privacy Policy, which is available here and incorporated by reference. Additional relevant terms, including but not limited to Membership Terms and Conditions, Instant Savings Terms and Conditions, Cash Rewards Terms and Conditions, also apply and are available here.

All Sam's Club rules, including these SNG App Terms and Conditions, may be amended from time to time without notice. In addition, Sam's Club may alter, suspend, or terminate use of the SNG App at any time at its discretion without notice to the user.

II. Accessing and Using the SNG App

• The SNG App is designed to allow Members to use their smartphones to scan items for purchase in participating Sam's Clubs and skip long checkout lines. To use the SNG App, open the app and scan each item's barcode, or if there is no barcode, the app will use computer vision and AI technology to recognize the products scanned. If the app is unable to automatically determine the item, please look up the item in the SNG App. Please note that images of scanned items may be retained by Sam's Club to improve our software. When shopping is complete, check out and pay for purchases in the SNG App with an accepted form of payment, and show the receipt from your phone on the way out.
• For certain large SNG App purchases, you will be asked to confirm your payment method and identity with a Sam's Club associate located at the Club exit by presenting the credit card used for the transaction and a government-issued photo identification. If you are unable or unwilling to do so, you must pay for your purchase using traditional check-out methods. Please consult your Club for further details.
• Some items such as alcohol, tobacco, non pre-activated gift cards, tires, car batteries, hearing center items, R-rated movies and games, prescriptions and some harsh chemicals cannot be purchased using the SNG App.
• Sam's Club reserves the right to prohibit any individual from using the SNG App for any reason, including for: (1) violating any of these Terms and Conditions, (2) acting in a manner inconsistent with applicable laws, regulations, ordinances or these Terms and Conditions, (3) engaging in any misconduct or wrongdoing in connection with the SNG App, or (4) engaging in any fraudulent or inappropriate acts through the SNG App.
• The SNG App is designed to be used on the user's personal smartphone with internet access. Sam's Club is not responsible for any data usage charges, service plans, fees, taxes or other charges related to your smartphone you may incur in connection with using the SNG App.
• Sam's Club is not responsible for: (a) any inability to use the SNG App; (b) any delay in receiving information from the SNG App; (c) any acts or omissions of third parties; or (d) any errors in relation to the messages provided by the SNG App, including, without limitation, any pricing or typographical errors, errors of description, or errors regarding advertised prices.
• Support requests, as well as questions, complaints, or claims regarding the SNG App, may be directed to Sam's Club Customer Support, at 1 888 746 7726.

III. License Grant and Use Restrictions

IV. Copyright

The SNG App is protected by copyright laws and international treaties. Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the SNG App, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the SNG App or SNG App updates, or any part thereof. Any attempt to do so is a violation of these Terms and Conditions and the rights of Sam's Club and/or its licensors. If you violate this restriction, you may be subject to prosecution and damages.

V. Disclaimer of Warranties

• To the extent authorized by law, Sam's Club makes no representations or warranties, either express or implied, with respect to type, quality, or fitness of goods or services or information provided in conjunction with the SNG App.
• Sam's Club's waiver of any breach of these Terms by any user will not constitute a waiver of any other prior or subsequent breach of these Terms. Sam's Club's failure to insist upon strict compliance with these Terms by any user will not be deemed a waiver of any rights or remedies that Sam's Club may have against that or any other user. Sam's Club may waive compliance with these Terms in its sole discretion.

VI. Limitation of Liability

BY USING THE SNG APP, YOU AGREE THAT UNDER NO CIRc*msTANCES, SHALL SAM'S CLUB OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APP.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SAM'S CLUB HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SNG APP, THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE APP OR ANY CONTENT ON THE APP, OR WITH THESE APP TERMS AND CONDITIONS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SAM'S CLUB UNDER SUCH CIRc*msTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

VII. Terms for iOS Users

• These Terms and Conditions are between you and Sam's Club only, and not with Apple. Sam's Club, and not Apple, is solely responsible for the SNG App.
• Your use of the SNG App must comply with the Usage Rules set forth in the Apple App Store Terms of Use. The license granted to you for the SNG App is a non-transferable license to use the SNG App on any iOS products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the SNG App may be accessed, acquired, and used by other accounts associated with you via Apple's Family Sharing program or volume purchasing.
• Sam's Club, and not Apple, is solely responsible for providing maintenance and support for the SNG App.
• In the event of any failure of the SNG App to comply with any warranty that may exist as a matter of law, you may notify Apple, and Apple will refund the purchase price for the SNG App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the SNG App, and will not be liable for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Sam's Club shall not be required to provide a refund to you under any circ*mstances.
• Apple shall not be responsible for addressing any claims by you or any third party relating to the SNG App or your possession and/or use of the SNG App, including but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
• Apple shall not be responsible for the investigation, defense, settlement or discharge of any claim that the SNG App, or your possession and use of the SNG App, infringes a third party's intellectual property rights.
• You represent and warrant that (i) the SNG App will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a "terrorist-supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Apple and its subsidiaries are third-party beneficiaries of these Terms and Conditions, and have the right (and shall be deemed to have accepted the right) to enforce these Terms and Conditions against you.