Store Policy

I. Introduction

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

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

IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND HUMLUW ARE EACH GIVING UP RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

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

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

II. Intellectual Property; Use of Site

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

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

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

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

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the site in a way that constitutes copyright infringement please see our DMCA Procedure

IV. User Account, Comments, and Ideas

You certify that any content you provide on or through the Site and Humluw Communities is accurate and that the information you provide on or through the Site is complete. You are solely responsible for maintaining the confidentiality and security of your Humluw .com account including username and password. Humluw is not responsible for any losses arising out of the unauthorized use of your account. You agree that Humluw does not have any responsibility if you lose or share access to your device or your account. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Site. You agree that Humluw is not a party to any such agreement, nor is it responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Site or any portion of the Site; or (2) change, modify, or waive any fees required to use any services, functionality or other content available through the Site or any portion of the Site.

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

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

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

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

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

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

V. Merchandise on Site and in Clubs

A. No Representations as to Merchandise

·        The Site may make available listings, descriptions, and images of goods and services ("Products"). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.

·        We try to display colors of Products as accurately as possible on the Site. However, as the actual colors you see will depend on your monitor and various other factors, we cannot guarantee that the actual display of any color will be accurate.

B. Product Availability and Pricing

·        Prices and availability for Products are subject to change without notice.

·        Humluw strives to provide accurate product and pricing information. However, pricing, pictorial or typographical errors may occur, and product descriptions and pricing information are never guaranteed. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or other product information, Humluw shall have the right, at its sole discretion, to either refuse or cancel any orders placed for that item, or contact you for notification and instructions on such cancellation, even after your receipt of order confirmation or shipping notice from Humluw . Without limitation to the terms above, Humluw does not represent that any Product listing on this website is accurate and expressly disclaims any liability relating to accuracy.

·        Unless otherwise noted, prices for Products on the Site do not include shipping costs or applicable taxes.

·        Humluw reserves the right to limit quantities to normal retail purchases or one-per-Member or household, and to exclude resellers.

·        We strive to provide you with the lowest costs possible on the site as well as in our warehouses. In our effort to provide you with the lowest costs in your particular geographic region, warehouse prices will sometimes differ from online prices.

·        Fuel prices shown online are updated frequently, but may not reflect the price at the pump at the time of purchase. All sales will be made at the price posted on the pumps at each Humluw location at the time of purchase.

VI. Humluw Membership Terms and Purchases

This section includes terms specific to Humluw Members ("Members") and does not apply to non-Members.

A. General Membership Policies

·        Members must be 18 years of age or older and have a valid form of government-issued identification or other humluw’s approved identification.

·        Humluw reserves the right to accept, refuse, or revoke Membership with or without cause at any time at its sole discretion.

·        Annual Membership fee covers a 12-month period.

·        Limit one Plus Membership per household or business and one membership refund per year.

·        Members are welcome to bring their children or guardians and up to two guests per visit to any Humluw location. A Member must accompany their children or guardians and their guests at all times. Members are responsible for any damage or other liability caused by themselves, their children or guardians, and their guests.

·        Humluw reserves the right to inspect any container, backpack, briefcase or other bag of any person upon entering or leaving any Humluw location and to refuse entry to anyone at our discretion.

·        Receipts: To ensure that you are charged correctly for the merchandise you have selected, Humluw may inspect or electronically scan your merchandise and electronic/phone or paper copy receipt(s) when you exit any Humluw location.

B. Membership Period, Cards and Fees

·        Report a lost or stolen card immediately at any Humluw Member Services Desk or by calling 888-746-7726.

·        The Primary Member and Complimentary Household Cardholder (hereinafter referred to as "Member" unless specifically stated otherwise) are responsible for Membership, including the annual membership fee and account maintenance.

·        The Primary Member is solely responsible for Membership, including the annual membership fee and account maintenance.

·        All Primary Members may add one Complimentary Household Cardholder. The Complimentary Household Cardholder may be the Primary Member's spouse, domestic partner, or person living in the same household who is 18 years of age or older. Other individuals are not eligible to be Complimentary Household Cardholders.

·        Membership cards are non-transferable and are valid at all Humluw locations nationwide and to make purchases on the Site.

·        Humluw reserves the right to require Members to take a photo in order to verify the Member's identity notwithstanding whether photo is on the Membership Card.

·        A Membership includes a Complimentary Card in addition to the Primary Member card.

·        Humluw Members may obtain up to eight (8) Add-on Memberships for an additional fee. Visit a Humluw store or call 888-746-7726 to learn about the terms and costs of Add-on Memberships.

·        Humluw Plus Members may obtain up to sixteen (16) additional Add-on Memberships for an additional fee.

·        Humluw Plus Members are eligible for Free Shipping subject to the terms available here.

·        Add-on Memberships include a card for the Primary Add-on Member and an Add-on Complimentary Household Cardholder.

·        The Membership period for an Add-on Member will coincide with the Primary Member's membership period. The Membership fee for an Add-On Member added after the Primary Member may be pro-rated.

C. Membership Renewal and Cancellation

1.     1. Auto-renew Program

o   Members not enrolled in the Auto-renew Program may enroll in the Auto-renew Program at any time under then-current Terms.

o   If the Primary Member or Complimentary Household Cardholder enrolls in the Auto-renew Program, Humluw will automatically charge the Membership fee, plus the fee for any existing Add-On Memberships and any applicable taxes, to any card on file or any payment method in the digital wallet approximately one day before the end of the Membership term. By enrolling in the Auto-renew Program, the Primary and Complimentary Member authorizes Humluw to charge the scheduled payments (or any adjustment thereof) to any card on file or any payment method in the digital wallet, and represents that they are the owner or authorized user of the account(s) and payment methods to be charged.

o   Humluw will send information about the Auto-renew Program and Membership renewal by email and/or mail. A valid email address is required for enrollment in the Auto-renew Program when Members enroll online. Members may update payment and other account information online or by calling 1-888-746-7726. By enrolling in the Auto-renew Program, a Member agrees to receive communication about Membership renewals only by email and to receive marketing and promotional email from Humluw .

o   A Member's authorization under the Auto-renew Program allows Humluw to adjust the scheduled charge to reflect any changes to the Membership fee, Add-On Membership fee (if applicable), or taxes. Humluw will notify the Member by email, at least 10 days prior to making any charge, if there is a change to the fee. Although payment will usually be processed on the scheduled date, the Member should allow several days for processing.

o   ALL AUTHORIZATIONS UNDER THE AUTO-RENEW PROGRAM REMAIN IN EFFECT UNTIL THE AUTOMATIC RENEWAL OPTION IS CANCELLED. Members may cancel enrollment in the Auto-renew Program at any time online through the Site, in Clubs, or by calling 1-888-746-7726. Cancellation of enrollment in the Auto-renew Program is distinct from cancellation of your Humluw Membership. A Member can keep his/her Membership active after unenrolling in the Auto-renew Program by paying the renewal fee in Clubs, online or by calling 1-888-746-7726.

o   Continued participation in the Auto-renew Program after any changes to these Terms or changes to the Membership fee constitutes acceptance of the changes.

2.     2. Automatic Billing for Members with Humluw Credit

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

3.     3. Members Not Enrolled in Auto-renew Program

o   Members will receive a renewal notice and invoice by their specified preferred method of contact unless enrolled in the Auto-renew Program.

o   Only the Primary Member may authorize renewal or cardholder changes (including Add-On Memberships for Members who operate a business).

o   Members may renew their Membership online, by mail, in Clubs, or by calling 888-746-7726.

o   A renewal initiated within sixty (60) days after your expiration date will extend your Membership for twelve (12) months from the expiration date. If your Membership has been expired for more than sixty (60) days, Humluw has discretion to extend your Membership for twelve (12) months from the date you initiated the renewal.

4.     Cancelling your Membership

Members may cancel their Membership at any time in Clubs or by calling . Members may cancel enrollment in the Auto-renew Program at any time in Clubs, by calling, or online through their account. Members with a Humluw Credit Account who are automatically billed for Membership renewal via that Account may also be required to contact the card issuer to unenroll from the automatic billing program.

D. Payment In Clubs and Online

·        For in-store purchases, Humluw accepts checks as set forth below, cash, Humluw Credit, Wal-Mart® Credit, American Express®, MasterCard®, Visa®, Discover®, EBT (electronic benefits transfer), debit cards, prepaid credit cards, and Humluw Gift/e-Gift Cards.

·        For online purchases, Humluw accepts Humluw Credit, American Express®, MasterCard®, Visa®, Discover®, debit cards, prepaid credit cards, Humluw Credit Direct Accounts (if registered the account is registered online), digital wallet service -Visa Checkout, and Walmart and Humluw Gift/e-Gift Cards.

·        Some Humluw fuel station payment options may vary by location and some may not accept cash.

·        Checks will be accepted if they are preprinted from a Member's checking account or Member's business checking account with the Member's name and/or Member's Business Name, address and phone number as they appear on the Member account, and provided the amount is written in the exact amount of the purchase.

·        Government issued photo identification or other photo identification chosen by Humluw (such as a driver's license or passport) may be required.

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

·        Members who own or operate a business must declare to the cashier any merchandise that is being purchased for resale or that is otherwise tax-exempt.

·        A tax-exempt organization may purchase tax-free. All items purchased must be used exclusively by the tax-exempt organization for tax-exempt purposes only.

·        To obtain tax-exempt purchasing privileges, Members must present a valid state tax-exempt number or Sales and Use tax license (or photo copy) with a Membership application and renew it once every three years at Humluw .

·        If the Member buys any property for resale and uses that property for any purpose other than retention, demonstration or display while holding it for sale, the law requires the Member to report and pay tax, measured by the purchase price or other authorized amount.

·        Members will hold Humluw harmless from and will indemnify Humluw against any claim, loss or expense occurring from any failure to comply with resale permits or tax-exempt requirements, and Membership will be subject to immediate forfeiture.

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

To obtain tax-exempt purchasing privileges for online purchases, Members must register as Tax Exempt and be approved for Tax Exempt Status.

VII. Privacy

You acknowledge that any personal information that you provide through the Site, online or in Clubs will be used by Humluw in accordance with Humluw Privacy Policy (available at humluw.com which may be updated by Humluw from time to time).

VIII. LIMITATION OF LIABILITY

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

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

IX. Indemnification

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

X. Disputes & Arbitration; Applicable Law

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Site and/or enrolling as a Humluw Member constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Humluw will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision. Humluw welcomes and encourages you to reach out to its Customer Service representatives regarding any issues or concerns you may have. This agreement does not in any way alter your ability to bring concerns to the attention of Humluw Customer Service at 888-746-7726, or visiting http://help.humluw .com/app/ask.

A. Class Action Waiver and Agreement to Arbitrate

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND HUMLUW , WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT HUMLUW AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

B. Arbitration Process and Procedure

The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. ("JAMS") pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules") and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator's decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

C. Applicable Law

These Terms will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of California, without regard to conflicts of law principles.

XI. Termination

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

XII. General

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

XIII. Additional Terms

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

XIV. How to Contact Us

Cash Rewards Program Terms & Conditions

I. Introduction

The Humluw Cash Rewards program (the "Cash Rewards Program") is a membership benefit exclusively for U.S. Humluw Plus Members. The Cash Rewards Program allows Humluw Plus Members to earn Cash Rewards at Humluw locations on qualifying purchases, as set forth below and subject to change at Humluw discretion. Earned Cash Rewards are loaded on to the membership account at the end of each membership year (12-month period) and are then available for redemption as cash or store credit at Humluw locations.

Participation in the Cash Rewards Program is subject to these Terms and Conditions, the Humluw Membership Terms and Conditions and other Humluw rules and policies that may be applicable. Participation in Cash Rewards constitutes acceptance of these Cash Rewards Terms and Conditions.

All Humluw rules, including these Cash Rewards Terms and Conditions, may be amended from time to time without notice.

II. Earning Cash Rewards

·        Humluw Plus Members earn 2% in Cash Rewards on qualifying pre-tax purchases minus any redeemed savings or other discounts during a membership year with a maximum reward of $500 per membership per12-month period. Cash Rewards are loaded onto the Humluw Plus Member account about two months before the end of the membership year.

·        Returns for refund of qualified purchases are deducted from accrual of Cash Rewards.

·        Only qualifying purchases made by the Primary Member or Complimentary Household Cardholder, in a Humluw facility located in the United States (excluding Puerto Rico) qualify for Cash Rewards. Humluw Add-On Members do not qualify to earn Cash Rewards for themselves or for their Primary Member. Humluw reserves the right to modify qualifying purchases as determined at Humluw discretion.

·        Limit one Plus Membership per household or business.

·        Humluw reserves the right to correct any errors it discovers resulting in changes to the Cash Rewards Program or to a Member's Cash Rewards balance.

·        At the time Cash Rewards are earned and awarded, the Member must be an active Humluw Plus Member.

III. Cash Reward Exclusions

Cash Rewards are not earned for purchases of the following:

·        Alcoholic Beverages

·        Tobacco

·        eCigarettes

·        Fuel

·        Milk

·        Merchandise or services sold or provided on Humluw .com website including those websites not hosted by Humluw .

·        Auctions

·        Gift Cards, including third party Gift Cards and eGift Cards

·        Inventory, sales, or services belonging to or offered by third parties (including but not limited to travel, identity protection services, subscriptions, auto buying program, insurance, merchant credit card payment processing services, business payment solutions, etc.)

·        Lottery tickets

·        Membership

·        Service contracts (example - mobile phone contracts)

·        Pharmacy - prescriptions

·        Photo Center