Capital Rewards - Terms & Conditions
Capital Rewards Terms and Conditions
Effective as of 2/01/2021
Please read these terms and conditions (the "Terms") carefully. They may have changed since you last read them. By clicking "I AGREE" or otherwise accessing or using any part of the Capital Loyalty Program, you agree to these Terms.
Notice of Agreement to Arbitrate and Class Action Waiver By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section [11] of these Terms.
1. Membership
The Capital Loyalty Program (the “Program”) is offered exclusively by Capital Custom Clothiers (“Capital," "we,” "us," or "our") to enrolled members. Eligible customers (as defined below) may enroll in the Program in one of three ways:
(1) our retail store location
(2) online at https://www.capitalcustomclothiers.com/CapitalRewards or
(3) by phone by contacting Capital Custom Clothiers at (410) 268-3090.
Once enrolled in the Program, you agree to be bound by these Terms. Capital Custom Clothiers reserves the right to change these Terms or the Program at any time and in any way (including our right to discontinue or change the benefits or change the expiration date of points or rewards certificates received under the Program, or merge the Program with another rewards program at a later date, or to adjust the number of points received for each dollar in net purchases), as we explain further below.
2. Eligibility
Customers who are residents of the United States (and its territories) and are over 18 years of age may enroll to become members ("Members," "you," or "your") in the Program. Capital Custom Clothiers employees and participants in the Corporate Incentive Program are also eligible to participate. Capital Custom Clothiers reserves the right to disqualify any customer from participating or cancel any membership if, in our sole judgment, the Member appears to be violating these Terms, including but not limited to making purchases for a business or for resale, perpetrating a fraud, manipulating the Program, abusing the privileges of membership, making excessive returns or otherwise acting in a manner inconsistent with the Program's intent. The points balance and all outstanding Reward Certificates will be forfeited upon disqualification or cancelation.
To remain eligible for the Program, you must maintain an active account. Account activity means making a qualifying Capital Custom Clothiers purchase or earning Program Points for incentive actions (examples may include mobile check-ins, social media posts, etc.), or redeeming reward certificates (collectively "Account Activity"). If your account is inactive for 24 months, all accumulated points will be forfeited.
3. Accumulating Points
Once enrolled in the Program, you accumulate points based on your net purchases. Points from Capital Custom Clothiers purchases may take up to two weeks to post to your account after the purchase, shipment or pick-up date. If you return an item in a qualifying purchase for which you received Points, we will deduct the corresponding number of points from your account. All activity on an account, no matter who enters into the transaction, will be treated as activity of the Member.
· Membership Levels: Members are considered Bronze Level members by spending under $750 at Capital Custom Clothiers (in Capital Custom Clothiers stores, by phone, within a calendar year. Members become a Silver level member by spending $750 to $1,4999.99 in the Locations within a calendar year; a Gold level member by spending $1500 to $2,999.99 in the Locations within a calendar year; a Platinum level member by spending $3,000 in the Locations within a calendar year; or more annually. Level upgrades will occur 15-20 days after a Member qualifies to ensure all purchases are captured (including those which qualify a Member for a Level upgrade at the end of the calendar year) and will continue through the end of the following calendar year. Only purchases made after the enrollment date count towards Level recognition. In any subsequent year, a member requalifies for the Levels above when the member spends the corresponding amount for that Level on qualifying purchases in the Locations during that calendar year. If a member does not requalify for such status in the second or subsequent year, such status will expire at the end of December in the subsequent calendar year and the member’s Program membership will revert to a standard Capital Custom Clothiers program membership.
Capital Custom Clothiers may choose to confer Preferred Level or VIP Level status upon some members based on certain purchase behaviors or other nondiscriminatory criteria. If you qualify for Preferred Level or VIP Level status or if you are invited to join, we will notify you.
· Capital Custom Clothiers Purchases: To accumulate points when making a purchase at Capital Custom Clothiers, you must self-identify with the email or Loyalty ID Number associated with your account. When shopping online at capitalcustomclothiers.com you must be logged in and checkout with an online account associated with your Loyalty ID Number. The amount of points you accumulate varies based on what Membership Level you are in.
· Points are earned on eligible purchases made at our Location, including merchandise, traditional gift cards purchased at our store, online, or by contacting Customer Service, alterations, monogramming, engraving and gift boxes, less all sales tax, discounts, shipping, and handling, returns, and price adjustments. No points may be earned by purchasing an eGift card. Points are not earned upon redemption of a traditional gift card and eGift card, or Reward Certificate.
· If you made a qualifying purchase and did not provide the email address associated with your account or your Loyalty ID at the time of purchase, you may request points within 180 days of purchase by calling (410) 268-3090. You must have your receipt.
· If we terminate your account for any reason, membership in the Program will terminate immediately and your point balance and any issued Reward Certificates will be forfeited.
· Points earned for items being returned will be deducted from your available point balance. If there are not enough points available in your account, it may result in a negative point balance. Subsequent purchases will work your status back to a positive balance. Negative points do not expire.
4. Issuing Reward Certificates
Capital Rewards will issue reward certificates twice monthly, approximately on the 14th and 28th of each month, regardless of payment type. Once your points balance reaches 1,000 points, a $10.00 reward certificate will be issued and delivered to the email address associated with the account. The Capital Reward certificate(s) can be redeemed at all locations referenced above.
5. Redeeming Reward Certificates
Reward certificates are not transferable. Reward certificates may be used in conjunction with most other discounts or offers toward the purchase of products unless otherwise disclosed on the discount or offer, not to exceed the purchase amount. For online purchases only, a maximum of two Reward certificates may be redeemed during a single transaction. Unless otherwise noted on the Reward certificate, each Reward certificate will expire 6 months from the issuance date. Reward certificates have no cash value, and no change will be given for Reward certificate redemption. Reward certificates may be used only once and cannot be applied to prior purchases, the purchase of traditional Gift Cards, eGift Cards, or charitable donations. Reward certificates expire at 11:59 p.m. ET on the expiration date shown on the Reward certificate. See Reward certificate for additional terms. If you return merchandise, any redeemed Points and Rewards used in your original merchandise transaction will not be reinstated or refunded to you. In addition, the dollar value of Rewards used in the transaction will not be refunded or credited back to your account.
6. Termination of or Change in Program
Capital Custom Clothiers may terminate the Program at any time, with or without notice, which may result in loss of accumulated points and the cancellation of all benefits and privileges associated with the Program. Capital Custom Clothiers reserves the right to limit, delete or change any of the rules, terms, conditions, and benefits of the Program at its sole discretion, with or without notice. Interpretation of these Terms and Conditions shall be at the sole discretion of Capital Custom Clothiers, whose decision will be final. Capital Custom Clothiers has the right to close your account for any reason.
7. Other Terms
Capital Custom Clothiers is not responsible for lost, destroyed, stolen or expired reward certificates. Any tax liability connected with receipt or use of any reward certificate is the Member's responsibility. This Program is void where prohibited by law. A points balance is not transferable in the event of death, as part of a domestic relations matter, or for any other reason. The sale or barter of any points or any reward certificate is prohibited. Events beyond Capital Custom Clothiers’ control, such as computer equipment or electronic data transmission failure, strikes, acts of God, civil disturbance, terrorism, or war, which may materially affect our ability to perform, will allow us to suspend or terminate the Program.
8. Privacy Policy
These Terms and Conditions, together with the Privacy Notice and any other legal notices published on our Site, constitutes the entire agreement between us concerning the collection, use, and disclosure of personal information.
9. Change to Your Account Information
You must advise Capital Custom Clothiers of any change in your name or the address, phone number, and/or email address associated with your account. Address, phone number, and email address changes can be made in-store, online, or via Customer Care. Changes to your birthday information can only be made through Capital Custom Clothiers Customer Care. Please call (410) 268-3090 to update this information. Capital Custom Clothiers is not liable for reward certificates sent to an outdated email address.
10. Governing Law and Venue
These Terms and Conditions are governed by Maryland law, without reference to its conflicts of law doctrine, as such law is applied to agreements entered into and performed entirely within such jurisdiction. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to below, result in court action, shall be resolved exclusively by a state or federal court located in Maryland, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens.
11. ARBITRATION AND CLASS ACTION WAIVER
· Mandatory Binding Arbitration. You and we agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the purchase, our service, or these Terms SHALL BE FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights arising out of or relating to these Terms, unless you opt-out of this provision pursuant to the requirements below, or your dispute or claim is brought only in small claims court. Notwithstanding the foregoing, any dispute or claim relating to patent, copyright, trademark, trade secret, privacy, or publicity rights, shall not be resolved in arbitration and, instead, the parties agree that such dispute shall be resolved exclusively in state or federal court in Maryland, and the parties consent to exclusive jurisdiction and venue in such courts. You and we acknowledge and agree that the Federal Arbitration Act and federal arbitration law govern and apply to arbitrations between you and us (despite any other choice of law provision).
· AAA Rules. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA"). For claims of less than or equal to $75,000 (exclusive of attorney's fees, costs, and alleged punitive damages or penalties), the AAA’s Consumer Arbitration Rules will apply; for claims over $75,000, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at https://www.adr.org.
· Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS.
· Limitation on Aggregating Claims. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. In the event that the CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury and not in arbitration.
· Written Opt-Out Procedure. If you do not want this arbitration and class action waiver provision to apply, you must reject it in writing within 30 days of enrollment in the Program by sending us a written notice containing your full name, email address used to enroll and physical mailing address, along with a statement that you reject the arbitration procedure that is signed by you. The notice must be mailed to us at Capital Custom Clothiers 50 Maryland Avenue
Annapolis, Maryland 21401.
The opt-out notice is only effective if it meets the above requirements and is received by us within 30 days from your enrollment. Any subsequent modification, change, or republication of these Terms will not entitle you to a new right to reject the arbitration provision once enrolled in the Program for more than 30 days. In the event you have properly rejected this arbitration and class action waiver provision, the other provisions of these Terms will still apply to you.
· Waiver of Right to Trial by Jury. WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
12. Disclaimer and Limitations of Liability.
· THIS PROGRAM AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
· CAPITAL CUSTOM CLOTHIERS AGGREGATE LIABILITY TO YOU FOR ANY REASON AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO CAPITAL CUSTOM CLOTHIERS FOR THE SINGLE TRANSACTION YOU COMPLETED DURING SUCH TIME AS YOUR CLAIM AROSE. THE CAPITAL CUSTOM CLOTHIERS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF USE AND LOSS OF PROFITS.
· THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD OF CAPITAL CUSTOM CLOTHIERS ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES.
· IN MARYLAND, THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE NEGLIGENCE OF CAPITAL CUSTOM CLOTHIERS ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES.
· FROM TIME TO TIME, THERE MAY BE INFORMATION ON OUR WEBSITE OR IN OUR BROCHURES THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, AND AVAILABILITY. CAPITAL CUSTOM CLOTHIERS RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER).