Terms and Conditions

STORE SUPPLY WAREHOUSE, LLC

TERMS AND CONDITIONS

 Last Modified: May 2, 2024

Acceptance of Terms and Conditions

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.

Disputes between you and the Company will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.  See “Arbitration and Waiver of Certain Rights” section below in this document.  Claims must be commenced within one year after the cause of action accrues or the claim will be barred.  See “Limitation on Time to File Claims” below in this document.

These Terms and Conditions (the "Terms") are a legally binding contract entered into by and between you and Store Supply Warehouse, LLC ("Company", "we" or "us").  The Terms govern your access to and use of our websites (including www.storesupply.com, the “Site”), and all content, functionality, goods and services offered through the Site.

The Terms include the following (each of which is incorporated into these Terms by reference):

The term “you” means any person that accesses or uses this Site, whether as a guest or a registered user. If you are accessing or using the Site or any of its features on behalf of a company or other legal entity, then “you” also means that company or legal entity, and the company or legal entity agrees to be bound by these Terms.

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY EACH TIME YOU ACCESS OR USE THE SITE. ACCESSING OR USING THE SITE CONSTITUTES YOUR LEGALLY BINDING AGREEMENT TO ALL PROVISIONS OF THESE TERMS, AS THEY MAY BE CHANGED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE EXIT AND DO NOT ACCESS OR USE ANY PORTION OF THE SITE.

Information about our policy regarding copyright infringement and notices under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act is available at: Digital Millennium Copyright Act Notice

Changes to the Terms and Conditions

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them as indicated by the “Last Modified” date above, and apply to all access to and use of the Site thereafter. Your continued access or use of the Site after we post revised Terms means that you accept and agree to the changes. You should check these Terms each time you access this Site so you are aware of any changes.

Accessing the Website and Account Security

Provided you strictly comply with these Terms, we grant you a personal, non-exclusive, non-transferable, revocable, and limited privilege to access and use the Site only for purposes of viewing the Site and its publicly available contents, submitting inquiries and questions, ordering goods and services, and viewing offers and opportunities we make available. This is the scope of authorized use of this Site and you agree not to access or use the Site for any purpose or in any manner that is not consistent with these Terms.

You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

If you have a user name, password or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person. You must protect the security and confidentiality of the password and identification assigned to you, and immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security of which you are aware.

We may assume without investigation that any person using your password and account identification has the authority to do so. We have the right to disable any user name, password or other identifier, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms.

When you use the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.

The Site is not targeted towards or intended for use by anyone under the age of 18. By using the Site‚ you represent that you are 18 years of age or older.

Intellectual Property Rights

The Site and its entire contents, features and functionality (including all information, computer code, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The Company name, the terms "Store Supply Warehouse", among other trademarked terms, the SSW Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the Company’s prior written permission. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners. 

These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution. 
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features, you may take actions enabled by such features. 
  • You are not permitted to use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.

If you access or use the Site in breach of these Terms, your privilege to use the Site will cease immediately and automatically, and you must, at our option, return or destroy any copies of the materials you have made.

No right, title or interest in or to the Site or its content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Prohibited Uses

You may use this Site only in accordance with these Terms. Your authorized use excludes any act to:

  • probe, scan or test the vulnerability of the Site or any network connected to the Site 
  • commit, facilitate or encourage a criminal act or any other violation of law
  • download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ adapt, publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of the Site
  • redistribute, retransmit, publish, or transfer any portion of the Site (including as part of a services bureau, time-sharing or other similar arrangement)
  • upload, download, copy or redistribute the any portion of this Site in its entirety or lengthy sequence (including creating an archive of such content)
  • “mirror” any material contained on this Site on any other server
  • remove any copyright‚ trademark or other proprietary rights notice contained in or on the Site
  • use any scraper, robot, spider, or other automated mechanism to access the Site or to extract data or download content
  • reformat or frame any portion of any web pages that are part of the Site
  • create user accounts by automated means or under false or fraudulent pretenses
  • create or transmit to other users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other users’ enjoyment of the Site
  • transmit or upload to the Site any item containing or embodying any virus, Trojan horse, worm, logic bomb, or any other material or feature that is malicious, that corrupts data, or damages or degrades the performance of the Site or its use by any user
  • use the Site to violate the security of or gain unauthorized access to any computer, network or other device or system (including unauthorized attempts to discover passwords or security encryption codes)
  • infringe on, misappropriate or violate any person’s intellectual property, privacy or other rights
  • “flame” any person (e.g., send repeated messages related to another user and/or make derogatory or offensive comments about another individual), or repeat prior postings of the same message under multiple threads or subjects
  • take any action that may impose‚ in our judgment‚ an unreasonable or disproportionately large data or traffic load on the Site or the infrastructure used to operate and make the Site available
  • send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards [See “User Contributions” section of this document]
  • transmit, or procure the sending of, any advertising or promotional material (including any "junk mail", "chain letter," "spam" or any other similar solicitation)
  • impersonate or attempt to impersonate the Company or any other person (including by using e-mail addresses or other identifying features associated with any of the foregoing)
  • use any device, software or routine that interferes with the proper working of the Site
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored or hosted, or any device or database connected to the Site
  • exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information (including personal identification or information) other than your own information
  • attack the Site via a denial-of-service attack or a distributed denial-of-service attack
  • otherwise attempt to interfere with the proper working of the Site

User Contributions 

This Site may contain interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any User Contributions for any purpose. You represent and warrant that you own or control all rights in and to the User Contributions you submit or post, and you have the unrestricted right to grant the license granted in this paragraph. 

All User Contributions must comply with these Terms and applicable law. In particular, your User Contributions must not:

  • contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable
  • promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  • infringe or violate any patent, trademark, trade secret, copyright or other intellectual property rights, any rights of privacy or publicity, or any other rights, of any person
  • contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy
  • be likely to deceive any person
  • promote or assist any unlawful act
  • cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person
  • impersonate any person, or misrepresent your identity or affiliation with any person or organization
  • involve commercial activities or sales (including as contests, sweepstakes and other sales promotions, barter or advertising)
  • give the impression that they emanate from or are endorsed by us or any other person if this is not accurate 

You understand and agree that you are responsible for any User Contributions you post; and you, not the Company, have full responsibility for such User Contributions, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to any person for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, infringes any intellectual property, privacy or other rights of any person, threatens the safety of users of the Site or the public, or could create liability for the Company. 
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights.
  • Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Site, and to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
  • Terminate or suspend your access to all or part of the Site for any reason, including any violation of these Terms.

However, we do not undertake to review material before it is posted on the Site or to ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reliance on Information Posted

We make the information presented on or through this Site available solely for general information purposes. We have no obligation to make sure that information on this Site is complete or current, and we undertake no obligation to update such information.

We do not warrant the accuracy, completeness or usefulness of information on or available through this Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Online Purchases and Other Terms and Conditions

All purchases through our Site or other transactions for the sale of goods or services through the Site or as a result of visits made by you are governed by our Terms of Sale.

Links from the Site

This Site may contain links to other sites and resources provided by third parties. This includes links contained in advertisements, including banner advertisements and sponsored links. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and policies for such websites.

Geographic Restrictions

The owner of the Site is based in the state of Missouri in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties; Limitation of Liability

You understand and agree that we do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, THAT YOUR ACCESS OR USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT THE COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELATED PERSONS”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR ACCESS OR USE OF THIS SITE. 

THIS SITE AND ALL CONTENT AVAILABLE ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS RELATED PERSONS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THIS SITE OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THIS SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS RELATED PERSONS WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THIS SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THIS SITE OR MOBILE APPLICATIONS; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THIS SITE; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THIS SITE.

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

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Indemnification

You agree to defend, indemnify and hold harmless the Company and its Related Persons from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your actual or alleged violation of these Terms or your use of the Site, including your User Contributions, any use of the Site’s content, services and products or your use of any information obtained from the Site.

Governing Law

All matters relating to this Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule of Missouri or any other jurisdiction. The Federal Arbitration Act governs the agreement to arbitrate set forth below.

Arbitration and Class Action Waiver

PLEASE READ THIS PARAGRAPH CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. It affects your rights. This paragraph requires the use of binding arbitration to resolve disputes.

Company and you agree to arbitrate any dispute or claim relating in any way to your use of Company’s services, including its Site, the Service, and any marketing of Company’s products and/or services that you have received from Company.

THIS PARAGRAPH MEMORIALIZES A TRANSACTION IN INTERSTATE COMMERCE. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.

You and Company hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). The arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, scope, or enforceability of these arbitration provisions and these Terms of Service. However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award are final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU AND COMPANY AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND COMPANY AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and Company are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Company, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

If the provisions of this paragraph requiring arbitration of any dispute or claim are deemed unenforceable by an arbitrator or any court of competent jurisdiction, then instead of arbitration you and the Company shall litigate their dispute exclusively in the United States District Court for the Eastern District of Missouri or the Circuit Court for St. Louis County, Missouri (and their respective appellate courts), and you and the Company consent to the personal jurisdiction of such courts and waive any defense that the forum is inconvenient, the venue is improper, or such courts lack personal jurisdiction.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

Digital Millennium Copyright Act Notice

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent designated below. Pursuant to the DMCA, the Counter-Notice must include substantially the following: 

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers

Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:

By mail, courier or fax:

Store Supply Warehouse, LLC

12955 Enterprise Way

Bridgeton, MO  63044

Attention:  Copyright Agent

Fax:  1-800-823-0004

Via email:

[dcma@storesupply.com]

 

General Provisions

These Terms and Conditions (which include the items incorporated by reference) contain all of the representations, warranties, terms and agreements (whether written or oral) governing the subject matter covered by them, and supersede all prior understandings, statements, or agreements about that subject (none of which are binding or may be relied on). These Terms and Conditions prevail over any terms or conditions in any of your documentation including your purchase order, general terms and conditions or any other document you issue in connection with any purchase of merchandise, regardless of whether or when submitted. Our fulfillment of your order does not constitute our acceptance of your terms and conditions (all of which are hereby rejected) and does not modify or amend these Terms and Conditions. We have not authorized any person to make any representations, statements or promises in addition to or in any way different than those in these Terms and Conditions concerning the subjects covered in them.

If any provision of these Terms is held to be illegal, invalid or unenforceable to any extent in any context, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

Any waiver of our rights must be in writing and manually signed by us, and no waiver affects any matter not expressly identified by such written waiver. Our failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms will not operate as a waiver thereof; nor will any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

A printed version of these Terms and of any notices given to you in electronic form shall be admissible in legal proceedings based to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

None of the rights or remedies conferred by these Terms and Conditions are exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time to time.

Access to or use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.

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

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

In these Terms: the word “person” means natural persons and all forms of legal entities; the word “including” (or its variants) will be deemed to be followed by “without limitation;” and the word “law” means and includes all statutes, regulations, ordinances, orders, rulings, or other federal, state, local or international legal requirement. These Terms will be construed in accordance with their plain meaning and not against the Company as the drafting party.

Mobile Terms & Conditions

Store Supply Warehouse offers its customers marketing and promotional mobile alerts (e.g., cart reminders) by SMS message (the "Service") on 53251. Customers may also sign up to receive order, shipping, and delivery notifications by SMS message (the "Service") on 79124. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Store Supply Warehouse reserves the right to stop offering the Service at any time with or without notice. Store Supply Warehouse also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. 

By opting into the Service, you:

A. Authorize Store Supply Warehouse to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).

B. Acknowledge that you do not have to agree to receive messages as a condition of purchase.

  1. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.

II. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call 1-800-823-8887 or email contactus@storesupply.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the Service on 53251, your message frequency may vary based on your interactions and initiated texts. You may receive alerts about:

  1. Sale promotions
  2. Event information
  3. Product launch announcements
  4. Cart reminders
  5. Back in stock alerts
  6. Price drop alerts
  7. Low inventory alerts

Once you affirm your choice to opt-in to the Service on 79124, your message frequency may vary. You may receive alerts about: 

  1. An order has been placed
  2. An order has been shipped
  3. An order has been delivered

Charges and Carriers

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

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

To Stop the Service

To stop receiving text messages from Store Supply Warehouse, text the word STOP to 53251 or 79124 any time or reply STOP to any of the text messages you have received from Store Supply Warehouse. This is the exclusive method for opting out. After texting STOP to 53251 or 79124, you will receive one additional message confirming that your request has been processed.

Questions

You can text HELP for help at any time to 53251 or 79124. This will provide you with a phone number and email address to customer service (1-800-372-2557 and contactus@storesupply.com). You can also contact us at Store Supply Warehouse, 12955 Enterprise Way, Bridgeton, MO 63044.

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

 

Your Comments and Concerns

You may direct all other feedback, comments, requests for technical support and other communications relating to the Site to:

Store Supply Warehouse, LLC

12955 Enterprise Way

Bridgeton, MO  63044

Attention:  [_______________]

Phone:  1-800-823-8887

Fax:  1-800-823-0004

Email:  contactus@storesupply.com

SSW Smart Rewards Program Member Agreement Terms and Conditions

Effective Date: 08/13/2026 Last Updated: 08/13/2026

PLEASE READ THESE TERMS AND CONDITIONS (THESE “TERMS”) CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT THE PARTICIPANT’S RIGHTS AND OBLIGATIONS, INCLUDING A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, AND DISPUTE RESOLUTION PROVISIONS. BY PARTICIPATING IN THE PROGRAM, THE PARTICIPANT ACKNOWLEDGES THAT THE PARTICIPANT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THESE TERMS.

THESE TERMS (I) CONTAIN A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES AND (II) REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. Definitions

The following capitalized terms shall have the meanings set forth below when used in these Terms:

“Account”
means a Participant’s business account with SSW in good standing through which the Participant purchases Products and participates in the Program.
“Participant” or “Member”
means an eligible customer who participates in the Program in accordance with these Terms.
“Points”
means the promotional credits earned by a Participant on Qualifying Purchases in accordance with Section 6 of these Terms.
“Products”
means merchandise, goods and services offered for sale by SSW.
“Program”
means the SSW Smart Rewards Program operated by SSW as described in these Terms.
“Qualifying Purchase”
means the purchase of designated Products from SSW.
“Qualifying Purchase Value”
means the net merchandise value of Products purchased from SSW, calculated after all discounts and promotions are applied, excluding Shipping Charges, taxes, gift cards, Store Certificates, returned or cancelled merchandise, and any other items excluded pursuant to Section 6.
“Shipping Charges”
means all shipping, freight, handling, and delivery charges associated with an order of a Product.
“SSW”
means Store Supply Warehouse, a DE LLC, with its principal place of business at 12955 Enterprise Way, Bridgeton, MO, 63044 together with its affiliates, subsidiaries, successors, and assigns (also referred to as “we,” “us,” or “our”).
“Store Certificate”
means a promotional discount certificate issued to a Participant upon redemption of accumulated Points in accordance with Section 7 of these Terms.
“Terms”
means these Terms, as amended from time to time, together with all policies, terms, and conditions referenced and incorporated herein for the Program.
“Tier”
means the membership level (Essential, Select, or Signature) assigned to a Participant based on purchase activity as described in Section 5 of these Terms.

2. The Program

The Program is a customer loyalty and recognition program operated by SSW in the United States.

Participation in the Program is free. There is no fee to join, no membership charge, and no purchase is required to become a Participant beyond maintaining an active Account with SSW.

By enrolling in or otherwise participating in the Program, the Participant acknowledges that the Participant has read, understood, and unconditionally accepts to be bound by these Terms. SSW reserves the right to modify these Terms at any time in accordance with Section 13. Any updates to these Terms will be effective immediately upon posting at www.storesupply.com, and the Participant’s continued participation in the Program constitutes the Participant’s acceptance of such modifications to these Terms.

These Terms constitute a legally binding agreement between SSW and each Participant in the Program. If the Participant does not agree to all of these Terms now or at any point in the future, or if the Participant becomes ineligible for the Program, please contact SSW at contactsmartrewards@storesupply.com to un-enroll in the Program.

3. Eligibility

The Program is open only to SSW customers who:

  • maintain an active Account with SSW in good standing;
  • are a business entity or sole proprietor purchasing Products for business use, not for personal consumption;
  • are located in the United States (excluding Guam, Puerto Rico, U.S. Virgin Islands, and other U.S. territories and possessions);
  • are represented by an individual who is at least eighteen (18) years of age and authorized to bind the business to these Terms.

Customers must meet all of the above eligibility requirements to be a Participant and to participate in the Program.

Each Account is limited to one membership for the Program. A Participant may have only one Program membership, which may be associated with only one Account. Should SSW determine, in its sole discretion, that a Participant has created or is associated with multiple Program memberships or Accounts, SSW may consolidate, deactivate, close, and/or terminate such memberships and Accounts without notice to the Participant. Accounts under common ownership may be combined or treated separately in the sole discretion of SSW.

The following are ineligible to participate in the Program: (a) SSW employees, contractors, and immediate family members of employees; (b) resellers and any person or entity purchasing Products for the purpose of resale to others; and (c) corporations, businesses, non-profit organizations, governmental agencies, or other entities that do not meet the eligibility requirements set forth above for Participants.

4. Enrollment and Withdrawal

Automatic Enrollment

SSW may automatically enroll existing eligible customers into the Program based on their purchase history with SSW. A customer does not need to apply separately. If a customer has an active Account meeting the eligibility requirements, such customer may already be enrolled in the Program. SSW will notify a Participant of their enrollment at the email address associated with the Participant’s Account.

Withdrawal

A Participant may withdraw from the Program at any time by contacting SSW at contactsmartrewards@storesupply.com. Upon withdrawal, all unredeemed Points and unexpired Store Certificates associated with such Participant’s Account shall be immediately forfeited and cannot be reinstated, refunded, or exchanged for cash or any other consideration as part of the Program.

Re-Enrollment

If a Participant withdraws from the Program and later wishes to re-enroll, such customer may contact SSW to request re-enrollment. Re-enrollment is subject to SSW’s approval in its sole discretion. Points and Store Certificates forfeited at the time of withdrawal shall not be restored upon re-enrollment in the Program.

5. Tiers

The Program has three Tiers: Essential, Select, and Signature. Each Tier offers different earning rates and benefits as described below.

Tier Assignment

SSW assigns the Participant’s Tier based on the Participant’s purchase history over a trailing 12 Month period. Tier assignment is determined by SSW in its sole discretion based on the criteria set forth below.

Tier Requirements

  • Essential: Available after first order. Points are earned after the Participant makes Qualifying Purchases representing at least $500.00 in Qualifying Purchase Value.
  • Select: Requires eight (8) to fifteen (15) Qualifying Purchases per year OR Qualifying Purchases that represent $2,000.00 to $4,999.00 in Qualifying Purchase Value.
  • Signature: Requires sixteen (16) or more orders per year OR Qualifying Purchases that represent $5,000.00 or more in Qualifying Purchase Value.

Tier Reviews

SSW reviews Tier assignments on a rolling twelve (12) month basis. The Participant’s Tier may be adjusted up or down based on the Participant’s purchase activity during the applicable review period. Any such adjustment shall be effective as of the date determined by SSW and shall remain in effect until the next review for a Tier.

Notice of Tier Changes

If the Participant’s Tier changes, SSW will notify the Participant at the email address associated with the Participant’s Account. Failure to receive such notice shall not affect the validity of the change in Tier.

SSW reserves the right to modify Tier names, criteria, benefits, and earning rates at any time in its sole discretion, with or without notice, as described in Section 13.

6. Earning Points

Qualifying Purchases

Points are earned on the Qualifying Purchase Amounts of Qualifying Purchases from SSW.

Earning Rates by Tier

Points are earned at the following rates based on the Participant’s Tier:

  • Essential Tier: One percent (1%) of Qualifying Purchase Amounts;
  • Select Tier: Two percent (2%) of Qualifying Purchase Amounts; and
  • Signature Tier: Three percent (3%) of Qualifying Purchase Amounts.

Exclusions

The following are excluded from Points calculation and do not constitute amounts included in Qualifying Purchase Amounts:

  • Shipping Charges (including shipping, freight, handling, and delivery charges);
  • sales tax, use tax, and other taxes, fees, or governmental charges;
  • gift cards, Store Certificates, and other stored value instruments;
  • returned, cancelled, or refunded Products;
  • orders that are unpaid, past due, or in dispute for Products;
  • purchases made through an Account that is suspended, deactivated, or closed; and/or
  • any other items or charges that SSW designates as excluded from time to time in the sole discretion of SSW.

Points Posting

Points are calculated and posted to the Participant’s Account on a rolling basis, typically within fifteen (15) days after a Qualifying Purchase. This posting period allows for returns, adjustments, and order corrections to be reflected before Points are credited. SSW’s records shall be the final determination of Points earned for the Program.

Returns After Points Are Posted

If merchandise from a Qualifying Purchase that earned Points is subsequently returned, price adjusted, or refunded, the value of the earned Points will be reduced or deducted to reflect the unearned value. If the Participant’s Points balance is insufficient to cover the deduction, SSW may deduct from future Points earnings or take other remedial action.

Order Channels

Points are earned on Qualifying Purchases regardless of the order channel, including online at www.storesupply.com, by telephone, through a sales representative, or through any other ordering method made available by SSW, provided the order is associated with the Participant’s Account.

7. Store Certificates and Redemption

Issuance

Accumulated Points may be redeemed for Store Certificates. The minimum Points balance required for redemption is five hundred (500) Points. Store Certificates shall be issued in increments determined by SSW. Upon redemption, the corresponding Points shall be deducted from the Participant’s balance of Points.

Permitted Uses

Store Certificates may be applied only toward the purchase of certain designated Products from SSW.

Restrictions on Use

Store Certificates may not be applied to:

  • Shipping Charges;
  • sales tax, use tax, and other taxes, fees, or governmental charges;
  • gift cards, other Store Certificates, or stored value instruments;
  • price adjustments on prior purchases; or
  • any other items, services, or charges that SSW designates as excluded from time to time in the sole discretion of SSW.

Combining with Other Offers

Only one (1) Store Certificate may be used per order of Product(s). Store Certificates may be combined with other promotions, discounts, or negotiated pricing at SSW’s sole discretion. Where combination is permitted, SSW shall determine the order in which discounts and Store Certificates are applied.

Partial Redemption

If a Store Certificate is used on a purchase totaling less than the face value of the Store Certificate, any unused value shall be forfeited and shall not be retained, refunded, or reissued as a new Store Certificate.

Expiration

Store Certificates expire 12 Months from the date of issuance. Expired Store Certificates cannot be extended, reissued, reinstated, or exchanged. The expiration date is printed on each Store Certificate and shown in the Participant’s Account. It is the Participant’s sole responsibility to use Store Certificates before the expiration date.

8. Nature of Points and Store Certificates; No Cash Value

POINTS AND STORE CERTIFICATES ISSUED UNDER THIS PROGRAM HAVE NO CASH VALUE AND ARE NOT REDEEMABLE FOR CASH. Points and Store Certificates are promotional benefits provided by SSW at no cost to the Participant. They are not stored value, not gift cards, not prepaid cards, and not financial instruments.

Specifically, Points and Store Certificates:

  • have no cash value whatsoever and may only be redeemed for Products at SSW in accordance with these Terms;
  • are not redeemable for cash, check, credit, refund, or any form of monetary payment;
  • are non-transferable, non-assignable, and non-saleable, and may not be sold, purchased, bartered, auctioned, gifted, or transferred to any other person, entity, or Account;
  • are not property of the Participant and confer no ownership interest, vested rights, or entitlement;
  • may be used only by the Account to which they were issued;
  • have no value except when applied to a purchase of Products in accordance with these Terms;
  • are not earned, held, or accrued as a debt, obligation, or liability of SSW; and
  • may be forfeited, voided, cancelled, or expired without compensation as set forth in these Terms.

Points and Store Certificates are issued solely as promotional discounts on future purchases of Products. They are not consideration paid by the Participant and are not purchased by the Participant. The Participant acknowledges and agrees that Points and Store Certificates have no monetary or exchange value and that SSW may modify, limit, or cancel them at any time in the sole discretion of SSW.

Any Points or Store Certificates obtained, transferred, sold, or used in violation of these Terms are void and may be cancelled without notice. SSW reserves the right to pursue any remedies available at law or equity for violations of these Terms.

The Participant acknowledges that the Program is a promotional, rewards, and loyalty program operated by SSW and that Store Certificates issued under the Program are promotional certificates provided through the Program without any separate payment, purchase price, or monetary consideration from the Participant. Store Certificates are not sold to Participants, are not purchased by Participants, and are not issued or reloaded in exchange for money or other value paid by the Participant. Points are earned through purchase activity and represent promotional credits issued at no charge to a Participant. Store Certificates are issued upon redemption of Points as a promotional benefit, not a purchased instrument, under the Program.

To the extent any state, territory, or local jurisdiction regulates the expiration, forfeiture, or escheatment of gift certificates, gift cards, stored value instruments, or similar items, the Participant agrees and acknowledges that:

  • the expiration and forfeiture provisions set forth in these Terms shall be enforceable to the fullest extent permitted by applicable law, and where any state law restriction would otherwise limit expiration or forfeiture, the Participant agrees that SSW may rely on the promotional, loyalty, and awards program exemptions in such states to enforce such provisions; and
  • if any provision of these Terms regarding the expiration, forfeiture, or non-redemption of Store Certificates or Points is held unenforceable in a particular jurisdiction, the remaining provisions of these Terms shall continue in full force and effect, and such provision shall be modified to the minimum extent necessary to render it valid and enforceable consistent with these Terms.

9. Suspension, Termination, and Forfeiture

SSW may, in its sole discretion and without prior notice, suspend, deactivate, or terminate the Participant’s participation in the Program and void, cancel, or invalidate any or all unredeemed Points and unexpired Store Certificates if SSW determines that the Participant has:

  • provided false, misleading, or inaccurate information in connection with the Participant’s Account or the Program;
  • obtained Points or Store Certificates through fraud, error, misrepresentation, or manipulation;
  • structured purchases primarily to generate Points or Store Certificates rather than for genuine business needs of the Participant;
  • transferred, sold, assigned, or attempted to transfer, sell, or assign Points or Store Certificates;
  • resold Products purchased from SSW in violation of the Participant’s Account terms or any agreement with SSW;
  • failed to pay amounts owed to SSW when due;
  • violated these Terms, the Participant’s Account agreement, or any other agreement with SSW; or
  • engaged in any conduct that SSW determines, in its sole discretion, to be abusive, harmful to the Program, or contrary to the spirit or intent of these Terms.

SSW reserves the right to reverse, deduct, or void Points issued in error at any time without notice. In the event of any termination, suspension, or deactivation, SSW reserves the right to invalidate improperly awarded or issued Points and Store Certificates and to close the Participant’s Account without notice or compensation to Participant.

10. Account Changes

Multiple Locations

If the Participant’s business operates multiple locations under a single Account, Qualifying Purchases across those locations are combined for Tier assignment and the earning of Points. Separate Accounts are treated separately unless SSW agrees in writing to combine such Accounts.

Change of Ownership

Points and Store Certificates are tied to the Account, not to any individual. If the Participant’s business is sold, merged, acquired, or otherwise undergoes a change of ownership or control, SSW may, in its sole discretion, transfer, suspend, or void the Account’s Program status and unredeemed Points and Store Certificate balance. The Participant must notify SSW before any change of ownership affecting the Participant’s Account. Failure to provide such notice may result in forfeiture of benefits from the Program.

Account Closure

If the Participant’s Account is closed, deactivated, or terminated for any reason, all unredeemed Points and unexpired Store Certificates associated with that Account are immediately forfeited and cannot be reinstated, refunded, or transferred.

Inactivity

If the Participant’s Account has no Qualifying Purchase for a period of twelve (12) consecutive months, SSW may, in its sole discretion, reduce the Participant’s Tier, suspend the Participant’s Program participation, void unredeemed Points and Store Certificates, or close or deactivate the Participant’s Account. SSW may consider an Account inactive if no purchases have been made at SSW within the preceding twelve (12) consecutive months.

11. Communications

By participating in the Program, the Participant agrees to receive transactional communications from SSW regarding the Participant’s Account, Tier status, Points balance, Store Certificates, and other Program-related information. These communications are part of the Participant’s Program participation and are not marketing messages.

The Participant may opt out of promotional or marketing communications from SSW at any time without withdrawing from the Program. Opting out of marketing communications does not affect Points earning or Tier status, but may mean the Participant does not receive notice of promotions, bonus offers, special events, or expiration reminders. SSW is not responsible for any loss of benefits resulting from the Participant’s election to opt out of communications.

The Participant’s information is collected, used, and disclosed in accordance with the SSW Privacy Policy, available at https://www.storesupply.com/privacy-policy.aspx. By participating in the Program, the Participant acknowledges and agrees that the Participant’s information will be handled as set forth in the Privacy Policy.

12. Taxes

Any tax liability arising from participation in the Program, including without limitation any taxes associated with the receipt, accrual, or redemption of Points or Store Certificates, is the Participant’s sole responsibility. SSW does not provide tax advice and makes no representation regarding the tax treatment of Program benefits. The Participant is encouraged to consult the Participant’s tax advisor regarding the treatment of Program benefits under applicable tax laws.

13. Program Modifications and Termination

The Program, its benefits, and the interpretation and application of these Terms are offered at the sole discretion of SSW. SSW reserves the right to modify, suspend, or terminate the Program, any Tier, any earning rate, any redemption term, any Store Certificate value, or any provision of these Terms at any time, with or without notice, and without compensation to the Participant.

For material changes that reduce the value of previously earned Points or unexpired Store Certificates, SSW will use commercially reasonable efforts to provide at least 3 months notice by email to the address associated with the Participant’s Account or by posting updated Terms at www.storesupply.com. SSW’s failure to provide such notice shall not affect the validity of the modification.

If SSW terminates the Program entirely, unredeemed Points and unexpired Store Certificates will remain redeemable for a period of 12 Months following the termination notice, after which all unredeemed Points and unexpired Store Certificates shall be void and have no value. The Program has no predetermined termination date and may continue until such time as SSW elects, in its sole discretion, to terminate the Program.

Any updates to these Terms will be effective immediately upon posting at www.storesupply.com. The Participant’s continued participation in the Program after a change takes effect constitutes the Participant’s acceptance of the revised Terms. If the Participant does not agree to any modified Terms, the Participant’s sole remedy is to withdraw from the Program.

14. Disclaimer of Warranties

THE PROGRAM, INCLUDING ALL POINTS, STORE CERTIFICATES, AND PROGRAM BENEFITS, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SSW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SSW DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SSW, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE PROGRAM, THESE TERMS, OR THE PARTICIPANT’S PARTICIPATION IN THE PROGRAM, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SSW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SSW IS NOT LIABLE FOR: (A) ANY LOST, STOLEN, FORFEITED, EXPIRED, OR UNREDEEMED POINTS OR STORE CERTIFICATES; (B) ANY SYSTEM ERRORS, OMISSIONS, OR INTERRUPTIONS AFFECTING THE PROGRAM; (C) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PARTICIPANT’S ACCOUNT OR PROGRAM INFORMATION; (D) ANY FAILURE OR DELAY IN POSTING POINTS OR ISSUING STORE CERTIFICATES; OR (E) ANY ACTS OR OMISSIONS OF THIRD PARTIES. SSW’S TOTAL AGGREGATE LIABILITY TO THE PARTICIPANT ARISING OUT OF OR RELATING TO THE PROGRAM OR THESE TERMS, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), SHALL NOT EXCEED THE FACE VALUE OF THE PARTICIPANT’S UNREDEEMED, UNEXPIRED STORE CERTIFICATES AT THE TIME THE CLAIM ARISES, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO THE PARTICIPANT. IN SUCH CASES, SSW’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

16. Indemnification

The Participant agrees to indemnify, defend, and hold harmless SSW, its affiliates, subsidiaries, officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (a) the Participant’s participation in the Program; (b) the Participant’s breach of these Terms or any representation or warranty contained in these Terms; (c) the Participant’s violation of any applicable law, rule, or regulation in connection with the Program; (d) any misuse, abuse, or unauthorized use of Points or Store Certificates; or (e) any dispute between the Participant and any third party relating to the Program. SSW reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Participant, and the Participant agrees to cooperate with SSW’s defense of such claims.

17. Disputes

Governing Law

These Terms and all matters arising out of or relating to the Program shall be governed by and construed in accordance with the laws of the State of MO, without regard to its conflict of laws principles.

Disputes; Arbitration

AS A CONDITION TO PARTICIPATING IN THE PROGRAM, SSW AND EACH PARTICIPANT ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE ANY dispute, claim, or controversy arising out of or relating to these Terms or the Program (EACH, A “CLAIM”) IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT A PARTICIPANT WOULD HAVE IF SUCH PARTICIPANT WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN SSW AND A PARTICIPANT WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 17. (The AAA Rules are available at www.adr.org/Rules or by calling the AAA at (800) 778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section and any arbitration between SSW and a Participant. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this Section 17, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. SSW will be responsible for paying any individual consumer’s arbitration fees to AAA. If a Participant prevails on any Claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to such Participant under the standards for fee shifting provided by law.

A Participant may elect to pursue a Claim in small-claims court rather than arbitration if such Participant provides SSW with written notice of such Participant’s intention to do so within 60 days of the event giving rise to a Claim. The arbitration or small-claims court proceeding will be limited solely to a Participant’s individual Claim.

Each Participant agrees to an arbitration on an individual basis. In any Claim, NEITHER A PARTICIPANT NOR SSW WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER PARTIES IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this Section 17 is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

The arbitration shall be heard by one arbitrator, chosen by agreement of the applicable Participant and SSW. If such Participant and SSW fail to agree on an arbitrator within 30 days of the commencement of the arbitration, the arbitrator selection mechanism in the AAA Rules shall apply. The place of arbitration shall be St. Louis, MO unless such Participant and SSW agree in writing to a different location. Regardless of where the arbitration proceeding actually takes place, all aspects of the arbitration and these Terms shall be governed by the provisions of the laws of the State of MO (except if there is no applicable state law providing for such arbitration, then the Federal Arbitration Act shall apply) and the procedural and substantive law of such state shall be applied without reference to conflict of law rules. The award of the arbitrator shall be accompanied by a reasoned opinion. Except as may be required by law or to enforce an award, such Participant, SSW or an arbitrator may not disclose the existence, content, or results of any arbitration hereunder without the prior written consent of SSW.

Participants and SSW acknowledge that by agreeing to this arbitration provision, they are giving up the right to litigate Claims against each other, and important rights that would be available in litigation, including the right to trial by judge or jury, to extensive discovery, and to appeal an adverse decision. Participants and SSW acknowledge that they have read and understand this Section 17 in these Terms and that they voluntarily agree to binding arbitration.

Balance Disputes

If the Participant believes the Participant’s Points balance, Store Certificate balance, or Tier assignment is incorrect, the Participant must contact SSW in writing within 3 months of the transaction or event in question. Failure to dispute within this period shall constitute waiver of any claim. SSW’s records shall be the final and binding determination of all Points earned, Store Certificates issued, and assignments of Tiers.

18. General Provisions

Void Where Prohibited

The Program is void where prohibited or restricted by applicable law. If any aspect of the Program is held to be illegal, void, or unenforceable under applicable law, SSW reserves the right to suspend or terminate the Program or any portion thereof in the affected jurisdiction.

Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such finding shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent.

No Waiver

SSW’s failure to enforce any provision of these Terms or to exercise any right hereunder shall not constitute a waiver of that provision or right. No waiver shall be effective unless made in writing and signed by an authorized representative of SSW. Any waiver of a breach of any provision of these Terms shall not be construed as a waiver of any subsequent breach.

Entire Agreement

These Terms, together with the Participant’s Account agreement with SSW and the SSW Privacy Policy, constitute the entire agreement between the Participant and SSW regarding the Program and supersede all prior or contemporaneous communications, representations, and agreements, whether oral or written, relating to the Program.

Conflict with Other Agreements

In the event of any conflict between these Terms and the Participant’s Account agreement, negotiated pricing agreement, or any other agreement with SSW, the terms most favorable to SSW shall control unless SSW agrees otherwise in writing.

Assignment

The Participant may not assign, transfer, or delegate the Participant’s rights or obligations under these Terms or the Participant’s participation in the Program without the prior written consent of SSW. Any attempted assignment without such consent shall be void. SSW may freely assign or transfer these Terms and its rights and obligations hereunder without restriction.

Headings

The section headings in these Terms are for convenience only and shall not affect the interpretation or construction of any provision.

Survival

The provisions of these Terms that by their nature are intended to survive termination or expiration, including without limitation Sections 8 (Nature of Points and Store Certificates; No Cash Value), 14 (Disclaimer of Warranties), 15 (Limitation of Liability), 16 (Indemnification), 17 (Disputes), and 18 (General Provisions), shall survive any termination, expiration, or withdrawal from the Program.

19. Contact Information

For questions about the Program, your Tier assignment, your Points balance, your Store Certificates, or these Terms, please contact:

SSW Customer Service
Email: contactsmartrewards@storesupply.com
Telephone: 833-397-2619
Mailing Address: 12955 Enterprise Way, Bridgeton, MO, 63044

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