Organized Insider Terms & Conditions
Last Revised: March 31, 2022
These terms govern your membership in the Organized Insider program (the "Program") and all purchases applied to, credited to, or associated with your use of the Program. Please read these terms carefully, including the ARBITRATION AGREEMENT below. By enrolling in the Program, you agree to be bound by these terms, as well as the other rules, policies, and procedures of the Program. If you do not agree to any or all of these terms, do not enroll in the Program. If you wish to no longer participate or disagree with any changes to these terms, please cancel your Program membership.
Program Overview
The Program is another way for The Container Store ("we" or "our") to celebrate and reward our loyal customers. By participating,
members ("you") may be rewarded with valuable discounts and surprises, and you may receive valuable discounts, exclusive local
invitations and early shopping passes ("Benefits") that will help get you started on your next organizational project. Plus,
you donât need to pay a membership fee. If you have any questions, we're always here to help. Contact our Customer Solutions
Department at (888) 266-8246 or visit a store near you for assistance.
Authorization and Permission
By enrolling in the Program, you authorize The Container Store, its affiliates and partners to communicate marketing and company
information to you. Communications may include (but are not limited to) marketing emails, direct mail, and special communications
about upcoming offers and promotions. Further, you agree to all terms listed in our privacy policy at
www.containerstore.com/privacy.
Changes to the Terms
These Program terms supersede all previous terms and conditions applicable to the Program. All Program Benefits, offers, rewards,
and services are subject to availability. We reserve the right to change, modify, cancel, add or remove any or all of the terms,
policies, FAQs, or guidelines pertaining to the Program at our discretion and at any time. If any terms change , we will let you
know by posting an update to www.containerstore.com/organized-insider
with the most recent modification date. Any changes or
modifications will be effective immediately upon posting the revision. Any such changes will not apply to any claim brought prior to
the date on which we posted the revised terms incorporating such changes or otherwise notified you of such changes. By continuing to participate
in the Program, you agree to the revised terms.
Membership Enrollment
The Program is open to legal residents of the United States who are at least 18 years of age at the time of registration. To enroll,
visit one of The Container Store's retail locations, website, or web application and provide your email address. Employees,
independent contractors, officers, and Directors of The Container Store and its subsidiaries and affiliates are not eligible
for the Program. While more than one person may use the same email address or phone number (e.g., members of the same household),
we will not separate program Benefits or offers earned or used by different members of the same household using the same email address
or phone number.
Receiving Benefits
We will offer Benefits based on your membership status. To receive some Benefits in the Program, you must complete your online profile by
creating a web account on containerstore.com using the same email address you used to sign up for the Program. The Container Store reserves
the right to offer additional Benefits, change, or decline to offer certain Benefits in its sole discretion and without notice to you.
Benefits of being an Organized Insider may include, for example:
To credit a transaction to your Program membership, you must sign in to your Program account by providing your (i) email address
or phone number at the point of checkout in or stores; or, (ii) email address when checking out online. The ability to apply a purchase
to the Program may be limited to participating retail stores and partner channels. Providing your phone number or email at the point of
checkout is unrelated to acceptance of a credit card transaction.
Taxes, shipping, delivery, In-Home Organizing services, purchases of gift cards, purchases through Instacart, additional installation
charges and Business Solutions are not eligible towards the earning of Benefits. We may revise these exclusions from time to time, which
will be reflected in changes to these terms.
Membership Status
Program members ("Insiders") will unlock higher membership status levels with additional Benefits based on the amount they spend in store
and online at The Container Store over the course of a calendar year. Each membership tier is unlocked at a minimum spending level as set
forth below and calculated at the beginning of each month.
If an Insider spends enough on products minus all returns ("Spend") to reach a higher tier, the Insider will stay at that tier for the remainder of the calendar year. At the beginning of each new calendar year, the Insiderâs tier level will be determined by the Spend level of the previous year.
Insider Benefits
Current Insider benefits are detailed here.
Using Benefits Discounts, if any, earned as Benefits can be redeemed either in our stores, through www.containerstore.com, or by phone. Benefits have no cash value, are not transferable, and no cash value will be given for a discount redemption. No Benefit or discount will be refunded at any time. Unless noted otherwise on the Benefit itself, Benefits cannot be combined with any other discount or sale price and will expire 30 days from the issuance date. We will always give you the better value between two offers. When Benefits are issued, additional terms, conditions and restrictions may be disclosed, including but not limited to expiration or combining Benefits with other offers or discounts. Please carefully review each Benefit when it is issued to you.
Membership Cancellation
You may cancel your participation in the Program at any time. To cancel, call our Customer Solutions Department at (855) 827-1538. As soon
as a membership is canceled, all of your Benefits and discounts will expire.
We may cancel your Program membership at any time for any reason in our sole discretion including, but not limited to, our determination that
you (1) are ineligible, (2) violated any term or condition of the Program or any applicable law or regulation, or (3) engaged in any deception,
forgery, fraud, or committed any other abuse of the Program. If you do not make any qualifying purchases using your Program account during a
period of two (2) years, The Container Store may, in its sole discretion, terminate your Program membership on or after the last day of that
two (2) year period. We may revoke some or all of your Benefits if we determine that you received a Benefit due to an error, through fraud or
deception, or in any manner not authorized.
Managing Email Preferences/Opting Out You may opt out from receiving Program emails at any time. To do so, click on the unsubscribe link in the bottom of the email and complete the opt out process. When opting out of emails, you will still be eligible to participate in the Program, however you will not receive Program communications or Benefits via email about offers and promotions within the Program. For more information about managing your information preferences and opting out of sharing, please see our privacy policy at www.containerstore.com/privacy.
Member Privacy Policy Except as otherwise provided in these terms, The Container Store's privacy policy and standards will apply to information you provide through the Program. See our privacy policy at www.containerstore.com/privacy.
Text Messaging Program The Container Store provides you the opportunity to receive Benefits through SMS/MMS text messaging to your mobile device(s) (the "Text Messaging Program"). By providing your cell phone number and opting-in to the Text Messaging Program, you agree to the Text Messaging Program Terms below, a section of our Organized Insider Program Terms and Conditions (the Program Terms) posted on this webpage. The Program Terms include an ARBITRATION AGREEMENT and incorporate our Privacy Policy.
Opting In. The Text Messaging Program allows you to receive SMS/MMS mobile messages by affirmatively opting in to the Text Messaging Program, such as through an online enrollment form, texting a keyword to the short code associated with the Text Messaging Program (the "Short Code"), or providing a sales associate with your mobile number and informing him/her that you want to opt in. Regardless of the opt-in method used, you agree that these Program Terms apply to your participation. You also agree to receive autodialed and/or prerecorded marketing mobile messages at the mobile phone number associated with your opt-in. Although you consent to receive messages sent using automated technology, the foregoing shall not be interpreted to imply that any of our mobile messages are sent using an automatic telephone dialing system.
Cost and Frequency. Message and data rates may apply. Your consent to participate in the Text Messaging Program is not required to purchase goods or services. The Text Messaging Program involves recurring mobile messages and additional mobile messages may be sent based on your interaction with us.
Participation Requirements. You must be the mobile account owner, or have the mobile account owner's permission, and be over the age of 18 years to participate. You must have a wireless device of your own, be capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. The Text Messaging Program will send SMS (Short Message Service) messages if your mobile device does not support MMS (Multimedia Messaging Service) messaging.
Our Disclaimer of Warranty. The Text Messaging Program is offered on an "as-is" basis; it may not be available in all areas or at all times, and it may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Text Messaging Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control.
Opting Out. To discontinue your participation in the Text Message Program, reply STOP to any mobile message from us. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also agree that any other method of opting out, including, but not limited to, texting words other than STOP or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Support. For support regarding the Text Messaging Program, text HELP to the Text Messaging Programâs Short Code, email us at contain@containerstore.com, or call us toll-free at 888-CONTAIN. Please note that communications with this email address or toll-free number are not acceptable methods to opt out of the Text Messaging Program. Opt- outs must be submitted in accordance with the procedures set forth above.
Release, Disclaimer and Limitation of Liability
To the fullest extent permitted by applicable law, by participating in the Program, each member releases The Container Store, and affiliated
entities, and their respective officers, directors, employees and agents from and against any and all claims, damages, losses, liabilities,
and other expenses (including, without limitation, attorneys' fees) relating to participation in the Program, use of Perks or agreement to
these terms.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, THE CONTAINER STORE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE
PROGRAM (INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF
COURSE OF DEALING, USAGE, OR TRADE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTAINER STORE WILL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING
OUT OF OR IN CONNECTION WITH THE PROGRAM, 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.
Disputes - Arbitration Agreement & Waiver of Certain Rights
You and The Container Store agree to resolve any disputes related to the Program, and all purchases applied to, credited to, or associated with your use of the Program, through binding and final arbitration through the American Arbitration Association (âAAAâ) rather than in court, except that you may assert claims in small claims court or seek action through government agencies.
YOU AND THE CONTAINER STORE HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE YOU HAVE WITH THE CONTAINER STORE. COURT REVIEW OF AN
ARBITRATION DECISION IS LIMITED AND THERE IS NO JUDGE OR JURY; HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND
RELIEF AS A COURT, AND MUST FOLLOW THESE TERMS AS A COURT WOULD. THIS SECTION LIMITS CERTAIN OTHER RIGHTS, INCLUDING THE RIGHT TO ENGAGE IN
DISCOVERY EXCEPT AS PROVIDED IN AAA RULES AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE CONTAINER STORE
WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Both you and The Container Store retain the right to bring suit in court only to
enjoin infringement or other misuse of intellectual property rights, and such action shall not be deemed a waiver of the right to have disputes
submitted to arbitration as provided in these terms.
To begin a proceeding, you must send a letter describing your claim and requesting arbitration to our registered agent The Container Store Inc,
c/o Cogency Global Inc, 1601 Elm Street, Suite 4360 Dallas, TX 75201. The arbitration will be conducted by a single arbitrator with the AAA
under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes available at www.adr.org or 1-800-778-7879.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in-person in the state where you live or at
another mutually agreeable location. The arbitration will be kept confidential except as may lawfully be required.
Payment of all fees will be governed by the AAA's rules. If you demonstrate that the costs of arbitration will be prohibitive as compared
to the costs of court, we will pay as much of the fees required for the arbitration as the arbitrator deems necessary to prevent the cost of
the arbitration from being prohibitive. The Container Store will not seek attorneys' fees and costs in arbitration unless the arbitrator
determines the claims are frivolous.
ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR
PRIVATE ATTORNEY GENERAL ACTION. NEITHER YOU NOR THE CONTAINER STORE MAY ACT AS A PRIVATE ATTORNEY GENERAL OR CLASS REPRESENTATIVE, NOR
PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY DISPUTE OR CLAIM.
This section of these terms will survive the termination of the relationship with you and The Container Store.
Applicable Law
Both you and The Container Store agree these terms evidence a transaction in interstate commerce and that the Federal Arbitration Act and
applicable federal law (or in the absence of applicable federal law, then the laws of the state of Texas, without regard to any conflict of
laws principles) apply to these Terms and Conditions and all purchases applied to, credited to, or associated with your use of the Program.
General
The Container Store is not responsible for communication problems of any kind, including distribution of Perks, due to a change of email
address or other changes in contact information. Under no circumstances will The Container Store 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 its reasonable control. If any provision of these terms is
found to be unlawful, void or unenforceable, then that provision will be deemed severable from these terms and will not affect the validity or
enforceability of any remaining provisions. The failure of The Container Store to enforce any right or provision of these terms will not
prevent The Container Store from enforcing such right or provision in the future. The Container Store may assign its rights and obligations
under these terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
PLEASE RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE CONTAINER STORE WEBSITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.