Books-A-Million Millionaire's Club Card Program Terms and Conditions

Last Modified: 12/06/2013

These terms and conditions (this "Agreement") govern the Books-A-Million Millionaire's Club Member Program ("Member Program") with respect to a current Membership term that was active on 12/06/2013. The Books-A-Million Member Program is a joint loyalty program brought to you by Books-A-Million Inc. and Booksamillion.com (collectively "we," "us," "our," "ours"). Purchase or use of any membership in the Books-A-Million Member Program ("Membership") at any time subjects the purchaser or user ("you," "your," "yours," "Member") to the provisions of this Agreement, as amended from time to time.

Benefits

The Books-A-Million Member Program entitles Members with a current Membership term that was active on 12/06/2013 to the following benefits:

  1. a.The following everyday discount (the "Member Discount") on eligible purchases made at Books-A-Million, Bookland, and Joe Muggs retail stores ("Books-A-Million Stores").
    • 40% off the list price of the current hardcover Books-A-Million Store Bestsellers. Applies to the 10 hardcover bestsellers based on sales at Books-A-Million Stores and designated by Books-A-Million from time to time.
    • 20% off the list price of all Books-A-Million designated adult hardcover books. Does not include gift products (such as hardcover journals), hardcover books in the Books-A-Million "bargain," "juvenile" or "Kids-A-Million" areas.
    • 10% off the marked Books-A-Million sale price of other eligible items. Does not apply to hardcover Books-A-Million Store Bestsellers or Books-A-Million designated adult hardcover books.
  2. b.The following benefit on eligible purchases made at Booksamillion.com ("Bamm.com").
    • Free Express Shipping with 1-3 day delivery (limited exclusions).
    • Up to 40% off bestsellers and featured items as designated by Bamm.com
  3. c.Periodic special promotions at Books-A-Million Stores and at Bamm.com

Certain Conditions

(a) For the Member Discount or other benefit to apply, the Membership account must be active and available at the time of purchase. Members will NOT be reimbursed retroactively for purchases made without an active and available Membership at the time of purchase.

(b) The Member Discount is only valid on eligible purchases at any Books-A-Million Store. The Member Discount is not available on purchases of the following: products or services at Bamm.com; Gift Cards; eGift Cards; digital content (including but not limited to eBooks, digital magazines and periodicals); NOOK™ and NOOK™ related accessories; other hardware and electronics; software; downloadable audiobooks in MP3 or any other format; Rosetta Stone; Elf on the Shelf; gift-wrapping fees; shipping and handling fees; or Membership fees (new or renewal).

(d) In Books-A-Million Stores, the Member Discount will be applied after all eligible discounts and deductions (e.g., non-Member discounts, seasonal sale discounts, etc.) are applied, except for coupons or where otherwise noted. Coupon discounts will be applied after the Member discount.

(e) The Member Discount cannot be used in conjunction with any coupons or with any corporate or prearranged group discounts, unless specifically stated. Such exclusion includes the following, without limitation: Educator discounts; employee discounts; corporate or institutional discounts.

(f) Memberships are for individual use only and are non-transferable. When used online at Bamm.com, a Member number may only be associated with one Bamm.com account.

(g) We expect Members to submit and maintain accurate and current user information in connection with their Memberships. Such information includes name, address, email address, and telephone number. Periodically we will utilize the National Change of Address (NCOA) system to update the mailing address of accounts in our database, through information provided by the United States Postal Service. Members can change their account information by (i) updating Member profile data through an authenticated Bamm.com account, (ii) requesting an update from a Bookseller at the customer service information desk of any Books-A-Million Store, or (iii) calling Customer Relations at 1-800-876-4510. We cannot assume any liability for correspondence, mail or e-mail that is lost, delayed, or misdirected.

Membership Fee

The annual Membership fee is currently $25.00. Membership fees are subject to taxation in accordance with applicable federal or state law. The annual Membership fee of $25.00 does not include applicable taxes. We may change the Membership fee at any time, but changes will apply only to new and renewal Memberships.

Membership fees are not refundable. However, we will refund your Membership fee if you did not use your Membership to obtain an eligible discount or benefit and you cancel your Membership during the first thirty (30) days of your Membership term (new or renewal)

Term; Automatic Renewal; Billing

The Membership term is one year, beginning on the date of purchase. A Renewal or Automatic Renewal within a current Membership term extends the existing expiration date of the Membership by one year; such renewal term begins the day after the current term ends. When an expired Membership is renewed, the new Membership term is one year, beginning on the date of renewal.

The initial term of a Membership shall commence on the date it is purchased and continue until one year from the last day of the calendar month in which the Membership was purchased. Any renewal Membership will renew pursuant to the terms set forth above in Memberships and Renewal Memberships Purchased On or After 10/1/2010.

Each Membership will automatically renew (referred to as "Automatic Renewal Membership") each year for additional one-year periods that commence on the day after the previous term ends unless (i) you notify Customer Relations by telephone, at 1-800-876-4510, of your decision to opt out of Automatic Renewal Membership; (ii) you have elected to opt-out of Automatic Renewal Membership through an authenticated Bamm.com account, or (iii) your Membership is cancelled or we terminate your Membership.

Automatic Renewal Membership fees will be billed annually and automatically to the credit or debit card (other than a debit card that always requires a PIN) you provided when you enrolled in Membership or the form of payment we currently have on file for you, in the amount of the $25.00, approximately one month prior to your Membership expiration date.

When you enroll in Millionaire's Club Member Program ("Member Program") in a Books-A-Million Store and do not opt out of Automatic Renewal prior to your renewal date, or if you renew your Membership in a Books-A-Million Store and your account shows that you have not opted out of Automatic Renewal, upon renewal, the $25.00 membership fee will be billed to: (i) the form of payment we currently have on file for you that was used to enroll in the Membership, (ii) the form of payment we currently have on file for you that you provided to us at the time of renewal, or when making a purchase with your Member card at BAMM.com, or (iii) the form of payment we currently have on file for you that you updated through an authenticated BAMM.com account, or by calling Customer Relations at 1-800-876-4510

When you enroll in Membership online at BAMM.com, and you do not opt out of Automatic Renewal prior to your renewal date, or you renew your Membership online and you do not opt out of Automatic Renewal, upon renewal, the $25.00 Membership fee will be billed to: (i) the form of payment we currently have on file for you that was active in your BAMM.com account at the time of the enrollment or the renewal, (ii) the form of payment we currently have on file for you that you provided to us when making a purchase with your Member card at BAMM.com, or (iii) the form of payment we currently have on file for you that you updated through an authenticated BAMM.com account or by calling Customer Relations at 1-800-876-4510.

Cancellation; Termination

(a) You have the right to cancel your Membership at any time. If you cancel your Membership, you will only be entitled to a full refund of your Membership fee if you did not use your Membership to obtain an eligible discount or benefit, and you cancel your Membership during the first thirty (30) days of your Membership term (new or renewal). No refunds will be available after such thirty (30) day period (unless we terminate the Books-A-Million Program in its entirety; see subsection below regarding program termination). Subject to the foregoing, you may cancel your Membership by: (i) calling Customer Relations at 1-800-876-4510 (ii) contacting us via email at customerrelations@booksamillion.com, or (iii) presenting your Member card at the Customer Service desk, for Memberships (new or renewed) purchased at Books-A-Million Stores.

(b) We may terminate your Membership, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests. In the event of any such termination, you will not be entitled to a refund of your Membership fee.

(c) We may terminate any or all of the benefits available under the Books-A-Million Member Program at any time with or without notice. In the event of our termination of the Books-A-Million Member Program, at our election, we will either maintain your Membership benefits until expiration of the Membership current term or refund each Member a pro rata portion of the Membership fee for the remaining portion of the current Membership term.

Member Privacy Policy

As a Member, the information we capture will be subject to the Books-A-Million Privacy Policy as amended from time to time in accordance with its terms. You may view the current version of the Books-A-Million Privacy Policy at any time online at BAMM.com or you may obtain a copy by calling Customer Relations at 1-800-876-4510

Disclaimers; Limitation of Liability

USE OF THE BOOKS-A-MILLION MEMBER PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

BOOKS-A-MILLION, INC., BOOKSAMILLION.COM, AND ALL OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY "MEMBERSHIP PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i) THE BOOKS-A-MILLION MEMBER PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE BOOKS-A-MILLION MEMBER PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE BOOKS-A-MILLION MEMBER PROGRAM WILL MEET YOUR EXPECTATIONS.

MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BOOKS-A-MILLION MEMBER PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE THE BOOKS-A-MILLION MEMBER PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR THE BOOKS-A-MILLION MEMBER PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE BOOKS-A-MILLION MEMBER PROGRAM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Governing Law

This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Alabama, without regard to conflict of law principles.

Binding Arbitration

Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or the Books-A-Million Member Program shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Books-A-Million, Inc. from seeking any injunctive relief in State or Federal courts for protection of their respective intellectual property rights (including such rights of their respective licensors).

Acknowledgment

This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the Books-A-Million Member Program with respect to the Books-A-Million Member Program and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any portion of the Books-A-Million Millionaire's Club Member Program is deemed to have accepted the terms and conditions of this Agreement.

Changes to This Agreement

We may change the terms of this Agreement at any time without notice or liability by posting a revised Agreement on the Member Program website located at booksamillion.com/membership. Any change shall take effect immediately, unless otherwise provided. You may view the current version of this Agreement at any time online at booksamillion.com/membership. You may also obtain a copy at any Books-A-Million Store or by calling Customer Relations at 1-800-876-4510.