TERMS & CONDITIONS
Shipping Policy
This website is operated by INNOVO Stencils. Throughout the site, the terms “we”, “us” and “our” refer to INNOVO Stencils. INNOVO Stencils offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express wrote permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or another personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall INNOVO Stencils, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless INNOVO Stencils and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 378 Cressida Circle, Spring Hill, FL, 34609, United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@innovostencils.com.
SECTION 21 - E-GIFT CARDS
How to Redeem your Gift Card or E-Gift Card
Online Orders: Enter your Gift Card, E-Gift Card, or Gift Certificate Number at the "coupon" option during the "Payment and Contact" step of checkout. If you were issued a PIN Number with your E-Gift Card, please enter that as well.
Terms and Conditions:
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INNOVO Stencils E-Gift Cards are only redeemable for merchandise at all INNOVO STENCILS' website.
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Promotional discounts cannot be used to purchase E-Gift Cards.
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E-Gift Cards may be used multiple times until all funds are depleted.
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This card may not be redeemed for cash (except where prohibited by law) or applied as payment to your INNOVO Stencils' account.
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This card is issued by INNOVO Stencils Company. INNOVO Stencils Company is not responsible for lost or stolen cards. INNOVO Stencils Company reserves the right to cash out or issue substitute certificates for any remaining balance upon conclusion of this gift card program.
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E-Gift Cards do expire within 365 days from the issued date.
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Your purchase or use of an E-Gift Card constitutes acceptance of these Terms and Conditions. These Terms and Conditions are subject to change without notice.
Gift Card FAQ:
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How do I buy a Gift Card?
Gift Cards can be purchased online at www.innovostencils.com.
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Where can I use my Gift Card?
Gift Cards can be used only online at www.innovostencils.com.
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What type of Gift Cards can I buy?
Gift Cards are only available online as E-Gift Cards. We hope in the future we will be able to offer physical Gift Cards.
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How do I check the balance of my Gift Card?
To inquire about the balance on your Gift Card, please email info@innovostencils.com and you will get a response within 24 hours.
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Are Gift Cards reloadable?
Unfortunately for the moment is not possible but you are welcome to order a new E-Gift Card that will be delivered within 30 min.
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Do Gift Cards expire?
Yes. Our gift cards have an expiration date of 365 days.
SECTION 21 - INNOVO STENCILS REWARDS PROGRAM TERMS AND CONDITIONS
Top Rewards FAQs
Why join the INNOVO Stencils Rewards program?
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Because now it pays to shop at INNOVO Stencils. With this improved Rewards program, we will be offering you weekly Rewards Specials and Bonus Rewards offers.
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We will also continue to provide returns (you only need your Rewards phone number/email), a special birthday perk and other special limited-time offers.
What if I want to update my Rewards profile information?
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The first step is to log into your online michaels.com account and ensure you have linked it to your INNOVO Stencils Rewards account. Then, you can edit the information on your My Rewards Profile page. If you are not able to log in please visit our Contact Us page.
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Note, updating your Rewards information does not update your INNOVO Stencils sign in account. You can make those updates.
How do I enroll and become a member?
Sign up with your email address and phone number in store at the register, online at innovostencils.com/rewards.
How do I get Rewarded?
You’ll be eligible to earn Rewards, in the form of Rewards dollars, on the following:
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Rewards Specials are special offers related to featured products promoted on a weekly basis. These offers can be found online or in store on flyers and signage.
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Bonus Rewards are personalized offers based on how you shop. These can be found in your email or on your Rewards account profile page here.
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Limited-time offers will have specific rules based on that offer.
Rewards dollars earned will show up in Rewards member’s account up to 48 hours after the eligible purchase or date of order placement, for online orders.
How do I spend my Rewards?
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For each $5 in Rewards earned, you’ll receive a $5 Rewards voucher.
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In store: Provide your Rewards account information and the voucher barcode to the Team Member at checkout.
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Online: To redeem online, sign into your Michaels account and ensure it is linked to your Rewards account. Once you have placed your items in the “Cart”, click “APPLY” to any eligible voucher and it will be automatically applied to the subtotal of your purchase. Limit five vouchers per online purchase.
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Please note, vouchers do not apply towards tax, or shipping cost.
These Terms and Conditions contain an arbitration provision and waiver of significant legal rights. Please read these Terms and Conditions carefully.
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The INNOVO Stencils (iStencils) Rewards program is sponsored by INNOVO Stencils. (“we” or “us”) and is valid in the United States only.
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Benefits, rewards dollars and rewards vouchers have no cash value and are not refundable or redeemable for cash value.
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Become an INNOVO Stencils Rewards member by signing up with your email address and phone number in store or online at www.innovostencils.com.
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If you are already an INNOVO Stencils Rewards member before Noviembre 20th, 2020, no need to sign up again.
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By becoming a member of the INNOVO Stencils Rewards program, members:
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Consent to these Terms and Conditions, which we may change at any time, effective upon posting at innovostencils.com/terms-and-conditions.
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Agree to receive advertising, marketing materials and other communications from us. If you opt out of receiving marketing emails, you will continue to receive emails regarding your account and rewards status, but you will not receive emails communicating rewards offers. To enjoy all the benefits of the program, members must be opted in to receive marketing materials as offers will be communicated via email.
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Agree that membership, accounts, accrued benefits and rewards are not transferable nor assignable, not redeemable for cash, have no cash value, and are not for resale or auction.
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Understand the INNOVO Stencils Rewards program may be terminated at any time without any further obligation to members.
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INNOVO Stencils Rewards program membership is open to individuals of at least 18 years of age who are residents of one of the 50 United States, District of Columbia, and maintain a valid email address. Rewards will be earned only on transactions in the United States or on innovostencils.com. There is no fee for membership.
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Abuse of the INNOVO Stencils Rewards program, including failure to follow program policies and procedures; the transfer, sale or barter of rewards, vouchers, or product, benefits or promotional offers; buying of products for resale; and any misrepresentation of fact or other improper conduct as determined by us in our sole judgment, may result in cancellation of the member’s account and future disqualification from program participation, and forfeiture of all benefits. In connection with the enforcement of any of the terms and conditions governing the INNOVO Stencils Rewards program, we reserve the right to take appropriate legal action, as we deem necessary, and to recover damages, attorneys’ fees and court costs.
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We reserve the right to interpret and apply the policies and procedures communicated in these terms and conditions. All determinations made by us shall be final and conclusive in each case. These terms and conditions supersede all previously published terms and conditions.
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INNOVO Stencils Rewards members can view account activity online at innovostencils.com/myaccount. For information about an individual account or any other program-related questions or information, or to cancel membership, contact Customer Relations by e-mail at: info@innovostencils.com.
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We reserve the right to cancel an individual membership at any time, in our sole discretion.
EARNING REWARDS
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Members will be eligible to earn rewards, in the form of iStencils Rewards dollars, on Rewards Specials and Bonus Rewards offers.
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Rewards Specials are special offers related to featured products promoted on a weekly basis. Rewards dollars will be awarded on Rewards Specials purchases made at www.innovostencils.com.
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Bonus Rewards are personalized offers based on the member’s purchase behavior. Rewards dollars will be awarded on Bonus Rewards purchases made at www.innovostencils.com.
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Rewards dollars earned will show up in Rewards member’s account up to 48 hours after the eligible purchase.
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We reserve the right to make iStencils Rewards benefits and promotional offers available to select iStencils Rewards members based on purchase activity, geographic location, or program participation.
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Rewards dollars cannot be earned on certain purchases, which include but may not be limited to purchases of clearance merchandise and gift cards. Exclusions also including any purchases made before 11/20/20.
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These offers will be shared through members’ weekly emails, online in their INNOVO Stencils Rewards account.
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Rewards dollars will be credited to your account for purchases made when you give the email address associated with your account at check out. Rewards will typically post to a member’s account within 48 hours after purchase or date of shipment, for online orders. If a recent purchase does not appear within that time frame, members may visit our Contact Us page.
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The maximum rewards dollars a member can earn per day is limited to $150. Specific iStencils Rewards offers may include other caps on the total dollars members may earn per transaction or day. We also reserve the right to cap overall annual rewards accumulation.
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At this time, Custom Stencils purchases on innovostencils.com will not be eligible for earning and redeeming Rewards dollars.
REDEEMING REWARDS
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For each $5 in Rewards earned, members will receive a $5 Rewards voucher on the following Friday. Rewards vouchers are issued within 10 days once you reach your $5 threshold. These will be automatically emailed to the member using the email address associated with the member’s INNOVO Stencils Rewards account only upon accumulation of Rewards dollars in each $5 increment. These vouchers, when issued, can also be found in the INNOVO Stencils Rewards member’s online or app account.
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These vouchers can be used on eligible products purchased in U.S. stores or online at innovostencils.com. There is a limit of five vouchers per each online purchase.
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Vouchers are valid for 90 days from date of issue. Prior to the voucher’s expiration date, members will be able to use their vouchers in multiple transactions until the balance is depleted. For example, if a member uses a $5 Rewards voucher for a $3 purchase, the remaining $2 will stay on the Rewards voucher until the member depletes it on a subsequent purchase(s), but for no longer than 30 days from the date of issuance.
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Should a member’s INNOVO Stencils Rewards account balance fail to reach the $5 threshold for 12 consecutive months, the Rewards dollars in the member’s account balance will expire. For example, if a member has $3 in Rewards dollars earned in September 2020, and the Rewards dollars are not converted into a voucher for 12 months, the Rewards dollars will expire and be removed from the member’s account in September 2021.
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Rewards vouchers are not redeemable for cash. Rewards vouchers may not be redeemed on the purchase of gift cards or towards payment of tax or shipping costs. Michaels Rewards members may be notified of additional ineligible products and services. Lost, stolen or expired Rewards vouchers will not be replaced.
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Members must be in good standing under the INNOVO Stencils Rewards program Terms and Conditions at the time of Rewards voucher redemption.
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When redeeming your voucher, you must provide your Rewards account information.
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If you are making a return and already earned Rewards dollars for the purchase, those Rewards dollars will be deducted from your Rewards account. If you used a Rewards voucher, you will be issued a refund in Rewards vouchers and/or Rewards dollars.
REWARDS ACCOUNT MANAGEMENT
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INNOVO Stencils will assign a Rewards account to each member who provides a unique associated phone number and email address.
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INNOVO Stencils Rewards members can use only one membership account per transaction.
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Updating your Rewards account:
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If your phone number or email address has changed, please visit our Contact Us.
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If you do not update this information associated with your INNOVO Stencils Rewards account, that phone number or email address cannot be associated with any new member account.
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If your current phone number and/or email address is already associated with another INNOVO Stencils Rewards account, please visit our Contact Us page.
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Note: updating your Rewards information does not update your INNOVO Stencils sign in account.
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For any questions related to managing your INNOVO Stencils Rewards account, go to INNOVO Stencils FAQ or visit our Contact Us page.
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ARBITRATION
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Please read this "Arbitration Section” carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of through court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms and Conditions.
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No amendment to this Arbitration Section will apply to a dispute of which we had actual notice on the date of such amendment. Any termination of this Arbitration Section will not be effective (i) until 10 days after reasonable notice of termination is given to Michaels Rewards members by posting revised Terms and Conditions at www.innovostencils.com/terms-and-conditions; or (ii) as to disputes which arose prior to the date of termination.
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BINDING ARBITRATION REQUIRED. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms and Conditions, your access to or participation in INNOVO Stencils Rewards, or your relationship with us. Any dispute or claim arising out of or relating to these Terms and Conditions, your access to or participation in INNOVO Stencils Rewards, or your relationship with INNOVO Stencils or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
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Opt Out. You may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision within 30 days from the date you registered for a INNOVO Stencils Rewards account (the "Opt-Out Deadline"). INNOVO Stencils Rewards members with accounts existing on August 2, 2020 may opt out within 30 days from August 2, 2020. You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: may opt out of these arbitration procedures by sending us a written notice that you opt out to 168-09 Jamaica Ave Suite A1, Queens, NY 11432. Any opt out received after the Opt-Out Deadline (allowing three (3) additional days for mailing) will not be valid, and you must pursue your claim in arbitration or small claims court. Opting out will not adversely affect your membership status in the INNOVO Stencils Rewards program.
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Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Relations department at 168-09 Jamaica Ave Suite A1, Queens, NY 11432, to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days of submission of your written notice.
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The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms and Conditions. The AAA Rules and information about arbitration and fees are available online at www.innovostencils.com. You and we agree that these Terms and Conditions, including this Arbitration Section, will be governed by New York state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms and Conditions as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. You and we agree that the arbitrator(s) should decide the matter without a testimonial hearing if the material facts are undisputed. Either party may appeal an arbitration award to any court of proper jurisdiction only if the amount, or value of injunctive relief, in dispute exceeds $25,000. Appeals may result in reversal or modification of an award based on errors of law or factual findings that lack substantial evidentiary basis.
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CLASS ACTION WAIVER. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, this Arbitration Section will be void as to you. If you opt out of this Arbitration Section as specified above, this class action waiver provision will not apply to you. NEITHER YOU, NOR ANY OTHER CUSTOMER, CAN BE A CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE PARTICIPATE IN A CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING WITHOUT HAVING COMPLIED WITH THE OPT-OUT PROCEDURE SET FORTH ABOVE.
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JURY TRIAL WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
GENERAL
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The information provided by each INNOVO Stencils Rewards member will be handled according to our Privacy Policy, located at www.innovostencils.com.
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Any dispute arising from these Terms and Conditions or your participation in INNOVO Stencils Rewards will be governed by and construed and enforced in accordance with the laws of the State of Texas, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in New York, NY.
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If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision will be severed from these Terms and Conditions, and such occurrence will not affect the validity and enforceability of any remaining provisions.
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We test our sites and applications to meet or exceed the standards set forth in the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, which is recognized as the current international standard measure of digital accessibility. See our full ADA Digital Accessibility Statement.