West Elm Rewards Program Terms ("Program Terms")

[Important note: These program terms contain provisions that limit our liability to you, eliminate your right to a trial by jury, require you to resolve disputes with us on an individual basis and not as a part of any class or representative action, and through final and binding arbitration. Review the "Agreement to Arbitrate" section below.]

Please read these Program Terms carefully for important information about your rights and obligations in the west elm Rewards Program ("Program"). By participating in the Program, you agree to these Program Terms.

[Important note:] The Program is provided by west elm and serviced by Comenity Bank. west elm is solely responsible for Program operation and may withdraw the Program or change the terms of the Program at any time. The purpose of the Program is to reward customers for certain uses of their west elm Credit Card ("Card".) The Program Terms may be supplemented with additional terms, conditions, and disclosures, including but not limited to applicable terms related to any promotional offers provided to you for use with the Program.

General Information

The Program allows you to earn Reward Dollars ("Reward Dollars") on the dollars you spend, as described in the "Earning Reward Dollars" section below, using your west elm Credit Card Account (your "Account"). You can then redeem Reward Dollars for west elm Reward Certificates.

These Program Terms are separate from your west elm Credit Card Account Agreement (your "Account Agreement"), which governs the use of your Account. In the event of any conflict between these Program Terms and your Account Agreement, these Program Terms will control in any matter relating to the Program. By using your Account, you agree to be bound by these Program Terms.

All information collected about you in connection with the Program is subject to west elm's privacy policy, which can be obtained at http://westelm.com/privacy.

Earning Reward Dollars

You will earn Reward Dollars when you, or an authorized user, make eligible purchases of goods and services for personal, family and household purposes using your Account, minus any returns, refunds or credit adjustments ("Net Eligible Purchases"). Purchases that are not a whole dollar amount will be rounded to the nearest whole dollar amount to determine the amount of Rewards Dollars earned. Purchases that end in $0.50 will be rounded using bankers rounding, where the purchase is rounded to the nearest even whole dollar amount. Example: $2.50 rounds to $2.00 whereas $3.50 rounds to $4.00.

Using your west elm Credit Card, you will earn:

10% back in rewards dollars for each $1 of Net Eligible Purchases made at west elm locations or westelm.com

Rewards Dollars are not earned on: gift card purchases at west elm, purchases using any type of promotional financing, unauthorized or fraudulent charges, charges that violate the terms of your Account Agreement, interest charges, and fees of any kind.

west elm may temporarily prohibit you from earning Reward Dollars, using Reward Dollars, receiving or redeeming Reward Certificates, or using any features of the Program if: your Account becomes delinquent; Comenity Bank suspects that you or any authorized user has engaged in fraudulent activity related to your Account or the Program; or west elm suspects that you misused the Program in any way.

Reward Dollars awarded for purchases that do not remain Net Eligible Purchases will be deducted from your Reward Dollars balance. Returned items may result in credits being applied to your Account, which will reduce or may eliminate accumulated Reward Dollars and may result in a negative Reward Dollars balance. If your Reward Dollars balance goes negative, you must first earn Reward Dollars to bring your Reward Dollars balance to zero before earning any Reward Dollars eligible for redemption. west elm and Comenity Bank reserve the right to verify and adjust Reward Dollars, as applicable, at any time.

Bonus Reward Dollars for Special Offers

From time to time, west elm may make bonus offers to earn additional Reward Dollars("Bonus Reward Dollars"). Read each offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus Reward Dollars limits, or exclusions. You may have to register to qualify for the offer. west elm may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Reward Dollars already earned. Certain offers may only be communicated via email.

Expiration

Reward Dollars will expire 36 months after the date that they are posted to your Reward Dollars balance.

Reward Certificates expire 180 days from the date they are issued.

Termination and Forfeiture

Important note: Subject to any requirements or limitations of applicable law, west elm may at any time for any reason change or terminate the Program and these Program Terms without notice.

west elm reserves the right to terminate you from the Program. If the Program terminates, west elm terminates you from participating in the Program, or you voluntarily cancel enrollment in the Program, all Reward Dollars will be forfeited.

Reward Dollars will be forfeited if any of the following occur: your Account is closed; you terminate your participation in the Program; you or any authorized user engages in any fraudulent activity or misuse related to your Account or the Program, or engage in any activity deemed to be abusive or gaming conduct, as determined by west elm. Misuse includes, but is not limited to, obtaining or using an Account to maximize Reward Dollars earned in a manner that is not consistent with typical consumer activity as determined in west elm's sole discretion.

Issuing Rewards and Redemption

For every 250 of Reward Dollars you earn, you will receive a $25 Reward Certificate. Reward Certificates will be issued in increments of $25, with a minimum amount of $25. Multiple Reward Certificates may be issued, however no more than 1 Reward Certificate will be issued in any billing cycle. Reward Certificates may only be redeemed on qualifying purchases using your Account at west elm as applicable.

Reward Certificates may not be applied to past purchases or used towards payment of any outstanding obligations to the Bank or its affiliates. Reward Certificates can be partially redeemed if the purchase amount does not exceed the Rewards Certificate amount. Rewards are also refundable if item(s) purchased with west elm credit card Reward Dollars are returned within the expiration window. The Credit Cardholder will not receive a new reward but any rewards balance will be sent to the confirmed email on file. To confirm your email, log in to the Online Account Center (comenity.net/westelm) select "My Profile" to update or confirm your email.

West Elm is not responsible for lost or stolen Reward Certificate.

You will receive your Rewards Certificate via monthly statements and to your confirmed email address each billing cycle. Contact the Bank to update your contact information for your Account.

Other Terms

Reward Dollars may not be sold, transferred or altered in any way by you. Reward Dollars you earn may not be combined with Reward Dollars earned on any other credit account or earned by anyone else (other than your Authorized User).

Reward Dollars and Reward Certificates have no cash value and are purely for promotional purposes. Rewards cannot be redeemed for cash. Reward Certificates may not be used as payment for any outstanding obligations to the Bank or its affiliates. Rewards are not property and customers have no property interest in rewards points.

If you return merchandise purchased using a Reward Certificate, the dollar value of the Reward Certificate will be converted to Reward Dollars.

You may review your Reward Dollars balance via Account Center or billing statement. It may take up to two billing cycles for Reward Dollars to post. The amount of Reward Dollars earned is based on the date your purchase was made, which may be different than the date the transaction posts to your Account. For mail order, special order, online, and other purchases, your transaction may not post to your Account until items have shipped.

Communications and Customer Service

west elm and Comenity Bank may send communications regarding the Program by mail, phone, email or other methods, including through online Account Center or mobile app. By providing your mobile phone number, west elm may contact you about all of your accounts and this Program.

If you have any questions about the Program or to update your contact information, please contact the Customer service phone number on the back of your card OR 1-800-695-3988 (TDD/TTY 1-800-695-1788) or visit Account Center. west elm and Comenity Bank are not responsible for Reward Certificates or communications lost or undelivered due to incorrect or outdated address or email.

You can review your Program activity at comenity.net/westelm or on your billing statement.

Reward Dollars Disputes

If Reward Dollars you believe were earned have not timely posted to your Reward Dollars balance, you may dispute your Reward Dollars balance ("Reward Dollars Dispute") by calling <1-800-695-3988 (TDD/TTY 1-800-695-1788) or by writing to Comenity Bank PO Box 182273, Columbus, OH 43218-2273. west elm will use reasonable efforts to investigate your Reward Dollars Dispute if you notify west elm within 90 days of the posting date. If you do not notify west elm within that period, you waive your right to make a Reward Dollars dispute with respect to that purchase. west elm may require you to provide written confirmation of the dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation or a valid receipt. Upon completion of the investigation, west elm will have no further responsibilities if you later reassert the same Reward Dollars Dispute.

Limited Liability

Unless otherwise required by law, neither west elm nor the Bank, nor any of our or its affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with the Program or these Program Terms, including but not limited to, use of the Program and any redemption for or purchase of products or services through the Program.

Important note: Notwithstanding the foregoing, any liability that west elm may have to you in connection with the Program shall be limited to the amount of any Reward Dollars you have earned in accordance with these Program Terms.

No Warranties

west elm, the Bank, and all of each of such company's respective subsidiaries and affiliates make no warranty, express or implied, including but not limited to, any warranties of merchantablity or fitness for a particular purpose with respect to the Program or any products or services related to such Program.

Taxes

You are responsible for any tax liability that may result from participation in the Program or use of any Reward Dollars or Reward Certificates. Consult your tax advisor concerning such tax consequences.

Cancelling Program Participation

You may cancel your participation in the Program at any time by calling Comenity Bank at 1-800-695-3988 (TDD/TTY 1-800-695-1788). If you cancel your participation in the Program, you will no longer earn Reward Dollars and you will forfeit your unused and unexpired Reward Dollars. Your cancellation will not affect any previously redeemed Rewards.

Governing Law; Assignment

The Program and these Program Terms are governed by federal law and, to the extent state law applies, the laws of the State of California. You may not assign your rights or obligations under these Program Terms to any other person or entity. Important note: You and west elm agree that each of us may bring claims arising from or relating to these program terms only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.

"Claim," as used in these Program Terms means any claim, dispute or controversy that in any way arises from or relates to these Program Terms.

Complete Agreement; Severability; Conflicts; No Waiver

These Program Terms supersede any previous terms and conditions governing the Program. The Program is not available where and to the extent prohibited by law. If any part of these Program Terms conflict with applicable law, that provision will be deemed severed from these Program Terms and the remainder of the Program Terms will remain in effect. west elm will not lose our rights under these Program Terms because west elm chooses to delay or not enforce them.

Agreement to Arbitrate

Important note: Any party may elect to arbitrate any claim arising from or relating to these program terms (including disputes about the validity, scope or enforceability of this agreement to arbitration), in which case such claim shall be settled by binding arbitration on an individual basis and not as part of any class or representative action.

Arbitration may be elected by any party with respect to any such Claim, even if that party has already initiated a lawsuit with respect to a different Claim. west elm will not demand to arbitrate an individual Claim that you bring against us in small claims court or your state's equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, west elm then has the right to demand arbitration.

The arbitration will be conducted by the American Arbitration Association ("AAA"), JAMS, or any other company selected by mutual agreement of the parties (the "Administrator"), in accordance with the rules of the Administrator. Payment of all filing, administration and arbitrator fees will be governed by the Administrator's rules. If, however, you are able to demonstrate that the costs of arbitration will be cost-prohibitive for you as compared to the costs of litigation, west elm will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. The arbitrator will not have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator's decision must be with written explanation and remain confidential. For purposes of this "Agreement to Arbitrate" section, these Program Terms are governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Opt-Out Procedures: You may choose to opt-out of this Agreement to Arbitrate by sending a written notice within 30 days after the date you accept these Program Terms for the first time. You may send your opt-out notice by mail or hand delivery to Williams-Sonoma, Inc., Attn: Legal Department, 3250 Van Ness Ave., San Francisco, CA 94109. Your opt-out notice must include your full name and clearly indicate your intent to opt-out of the arbitration provisions.

Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advanced written notice of its intent to file for arbitration. west elm will provide such notice by mail or email using the contact information on file with us and you must provide such notice by mail to us at Williams-Sonoma, Inc., Attn: Legal Department, 3250 Van Ness Ave., San Francisco, CA 94109.