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BOARDRIDERS CLUB TERMS AND CONDITIONS
Effective Date: August 14, 2019
PLEASE READ THESE TERMS CAREFULLY. BY PARTICIPATING IN OUR BOARDRIDERS CLUB, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU CANNOT PARTICIPATE IN OUR BOARDRIDERS CLUB.
When you create a user account, you will automatically be enrolled in the loyalty program (hereafter the “Boardriders Club”) for Boardriders, Inc. and its affiliates, subsidiaries and brands, including Quiksilver, Roxy and DC Shoes (“Company,” “we,” or “us”). If you have an existing user account prior to the launch of the Boardriders Club, you will have the option to enroll in the Boardriders Club on Participating Websites. By creating an account and/or enrolling in the Boardriders Club, you agree (or, if you are under the age of majority, you have obtained your parent or legal guardian’s consent) to participate in the Boardriders Club. By participating, you will have an opportunity to subscribe to receive communications from Company, some of which may be commercial in nature.
The Boardriders Club is valid online at participating websites in the United States and Canada (hereafter, “Participating Websites”), and at participating retail stores in the United States and Canada (hereafter, “Participating Stores”).
A. Acceptance of Terms and Conditions of Membership
Individuals under the age of majority must obtain prior authorization from their parent, guardian or legal representative to join the Boardriders Club and by participating in the Boardriders Club, we assume you have such permission. Employees, officers, directors, agents and representatives of Company are ineligible for membership in the Boardriders Club. You must read and agree to these terms and conditions of membership in the Boardriders Club (“Club Terms”), as set out below.
EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, Company may, in its sole discretion, alter, limit, or modify the Boardriders Club rules, regulations, Rewards (as defined in Section B below), eligibility for membership, or any other feature of the Boardriders Club or may suspend or terminate the Boardriders Club at any time in its sole discretion, without giving you prior notice. In such instance, your Points (as defined in Section B below) may terminate or expire. Moreover, Company reserves the right to terminate your account and/or your participation in the Boardriders Club if Company determines in its sole discretion that you have violated these Club Terms, you have more than one (1) account, or that the use of your account or any content or materials owned by Company is disruptive, unauthorized, deceptive, fraudulent or otherwise unlawful.
B. Principle of the Boardriders Club
As a Boardriders Club member, you can earn Boardriders Club points (“Points”) by (i) purchasing Company brand (i.e., Boardriders, Quiksilver, Roxy, DC Shoes) merchandise and eligible third-party merchandise as determined by Company in its sole discretion (excludes the purchase of e-gift cards, gift cards, and/or shipping) on Participating Websites and at Participating Stores; and (ii) participating in Point-earning activities offered by Company from time to time (e.g., double Points Tuesdays, responding to a survey, etc.). Points earned in this way give you the ability to join different membership levels offering access to select rewards (“Rewards”) as determined by Company in its sole discretion.
C. Membership in the Boardriders Club
To join the Boardriders Club, simply ask about it at one of our Participating Stores or join online at the Sites. You must create an online user account in order to participate in the Boardriders Club. Upon joining the Boardriders Club, you will receive a welcome email with a member number. In order to get the most complete experience out of your Boardriders Club membership, including receiving exclusive Boardriders Club offers, Company recommends that you subscribe to receive all Boardriders Club emails. You will periodically receive emails from us. Some of these will be marketing emails, if you have subscribed to receive such emails, while others will be transactional emails that relate to your membership in the Boardriders Club. Examples of transactional emails are: the welcome email, account statement emails, earned Rewards emails or other communications that help us to maintain your user account. At any time, you may opt out of marketing emails, transactional emails, or both. If you opt out of marketing emails, you will not be notified of all Rewards opportunities that you would have otherwise been notified about had you agreed to receive marketing emails from us (e.g., birthday offer and special promotions). You may still access your loyalty membership status, earned Points and Rewards, by logging into your account.
You are responsible for the accuracy of the information you provide and shall be solely liable for any incorrect, incomplete or out-of-date information. Company reserves the right to request at any time any document to prove the identity of the person who has joined or wishes to join the Boardriders Club, particularly in the case of two people with the same name.
Only one membership in the Boardriders Club is permitted per person and email address. In the event of a dispute over ownership of your user account, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Club Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Membership in the Boardriders Club, Points and Rewards are non-transferable, personal and for individuals’ own private, non-professional use only. Membership, Points and Rewards cannot be assigned.
D. Membership Levels
There are 3 levels of membership, Bronze, Silver and Gold. You may earn Points over a 12-month period from the date on which you (i) join the Boardriders Club; or (ii) reach a higher membership level. Depending on the number of Points earned over such 12-month period, you will be eligible for one of the three levels of Boardriders Club membership, each with its associated Rewards.
- Bronze: When you create a user account at the Website, you shall be eligible for Bronze membership.
- Silver: When you reach a minimum of 500 Points but less than 1,000 Points over a 12-month period, as applicable, you shall be eligible for Silver membership.
- Gold: When you reach a minimum of 1,000 Points over a 12-month period, as applicable, you shall be eligible for Gold membership.
Your membership level is valid for a 12-month period from the date on which you become eligible for that level. To remain eligible for the same membership level after the 12 months have elapsed, you must have earned the minimum amount of Points for that membership level, as set forth above.
If, when the 12-month period of eligibility to Silver or Gold membership elapses, you have fewer than the minimum Points necessary for that level, you will no longer be eligible for that membership level. You will then be moved down to a lower level, as set out below:
- If, when the 12-month period of eligibility for Silver membership elapses, you have fewer than 500 Points, you will no longer be eligible other than for Bronze membership.
- If, when the 12-month period of eligibility for Gold membership elapses, you have fewer than 1,000 Points, you will no longer be eligible other than for Silver or Bronze membership, as applicable.
When you are eligible for a higher membership level (Silver or Gold), you shall keep the Rewards of the lower level(s), in addition to access to the Rewards associated with the higher level. You shall not be entitled to the Rewards associated with a membership level higher than your own. For example, as a Silver member, you will get Bronze Rewards in addition to those associated with Silver membership, but you will not be entitled to any Rewards associated with Gold membership.
Your membership Rewards include the following:
- Free Points: Upon enrollment in the Boardriders Club, your user account will be credited with 100 extra Points
- Discount offer: The amount of your Reward will be determined by the total amount of your purchase. Rewards shall be awarded in $15 (U.S. or Canadian dollars, as applicable, based on country of purchase) increments as follows:
- Upon signing up and after your first purchase, you will receive a Reward for 15% off your next purchase.
- Thereafter, if you accumulate 200 Points or more but less than 400 Points during a single transaction, you shall receive a Reward for $15 off your next purchase of $25 or more.
- If you accumulate 400 Points or more but less than 600 Points during a single transaction, you shall receive a Reward for $30 off your next purchase of $50 or more.
- If you accumulate 600 Points or more but less than 800 Points during a single transaction, you shall receive a Reward for $45 off your next purchase of $75 or more.
- If you accumulate 800 Points or more during a single transaction, you shall receive a Reward for $60 off your next purchase of $100 or more.
Each reward shall be valid for two (2) months from date of issuance or such other time as set forth on the Reward. Rewards may only be used for the purchase of Company brand (i.e., Boardriders, Quiksilver, Roxy, DC Shoes) merchandise on Participating Websites or at Participating Stores. Each Reward may only be used once. Limitations on the number of Rewards that can be used in a single transaction may apply. Rewards have no market or cash value and are non-transferable.
- Free standard shipping: You shall receive free standard shipping on all purchases made on Participating Websites within Canada and all 50 U.S. states, APO/FPO addresses, and the following U.S. territories: Guam, Puerto Rico, US Virgin Islands, and American Samoa only.
Some Rewards may only be available to residents of a particular country (e.g., U.S. only or Canada only). Depending on your membership level and email preferences, you may receive additional Rewards as determined by Company. See specific Reward pages for details. Company reserves the right to substitute Rewards at its sole discretion. Unless otherwise noted by Company, Rewards cannot be combined with any other offers. You cannot use Rewards retroactively for prior purchases. Company is not responsible for lost or stolen Rewards. If you opt out of certain types of emails, you may not be able to receive Rewards by email.
Points have no monetary or real-world value. Unless a special offer is applicable (e.g., double Points Tuesdays), you shall earn one Point for every U.S. or Canadian dollar [$1.00] you spend (as applicable, based on country of purchase) (excludes the purchase of e-gift cards, gift cards, and/or shipping) on a Participating Website or in a Participating Store. Points may be earned in fractional amounts depending on the value of your purchase and will be rounded up to the next dollar. When making a purchase on a Participating Website, you must log-in to your user account in order to earn Points. From time to time, we, or others acting with our permission, may offer you special promotions that offer you “Promotional Points.” Promotional Points, such as “bonus” Points, will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer.
No Points will be earned for purchases made on a Participating Website using the guest checkout option. Any purchases you make prior to joining the Boardriders Club will not be eligible for Points.
Company reserves the right, in its sole discretion, to determine and establish the value of Points. In the event of a dispute regarding the number of Points earned by a member, Company shall have the sole discretion to determine the accurate number of Points earned by such member. All decisions by Company with respect to Points are final.
G. Updating Your Account
Participation in the Boardriders Club requires an email address and a valid password. You should consider your user password confidential information. Anyone with knowledge of both your email address and password can gain access to your account. You agree to immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your email and password. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS.
It is your responsibility to keep your information up to date and to notify Company of any changes by editing your user account information. You shall be solely liable for any out-of-date, incomplete or inaccurate information. Under no circumstances may Company be held liable in the event that you do not receive Points or a Reward due to out-of-date, incomplete or inaccurate information.
You may close your user account by sending an email request to email@example.com.
H. Fraudulent Use of the Boardriders Club
Any fraud, attempted fraud or theft on a Participating Website or at a Participating Store, any wrongful or inappropriate use of the Boardriders Club, any abnormally high number of transactions found to have been made over one or more days, any payment incident or more generally any violation by you of these Club Terms shall lead to the automatic suspension or permanent deactivation of your membership in the Boardriders Club. Company reserves the right to suspend or deactivate your account, the Boardriders Club and/or cancel Rewards and you shall have no right to claim any compensation. In addition, any Points acquired in violation of these Club Terms or through misuse or fraudulent use shall be cancelled without any form of compensation.
I. Amendment, Failure or Interruption of the Boardriders Club
EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, Company reserves the right to amend these Club Terms at any time, without providing you notice. Company also reserves the right to change Rewards offered, as well as to amend or suspend the Boardriders Club.
Company shall be exempt from any liability for all consequences, direct or indirect, of any failures of the Boardriders Club. No amendment, withdrawal or failure of the Boardriders Club shall give you an entitlement to compensation. If the Boardriders Club is suspended, any Points earned may no longer be valid or honored by Company, at Company’s sole discretion.
IN NO EVENT WILL COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR PARTICIPATING IN THE BOARDRIDERS CLUB, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM MEMBERSHIP IN THE BOARDRIDERS CLUB, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE OR MISUSE OF THE BOARDRIDERS CLUB.
BY PARTICIPATING IN THE BOARDRIDERS CLUB, YOU ACKNOWLEDGE THAT THE BOARDRIDERS CLUB, THE REWARDS, AND THE PARTICIPATING WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT: (A) THE PARTICIPATING WEBSITES, THE BOARDRIDERS CLUB, OR THE REWARDS WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE PARTICIPATING WEBSITES OR THE BOARDRIDERS CLUB WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE QUALITY OF THE PARTICIPATING WEBSITES, THE BOARDRIDERS CLUB, OR THE REWARDS WILL MEET YOUR EXPECTATIONS; AND/OR (D) ANY ERRORS OR DEFECTS ON THE PARTICIPATING WEBSITES, OR WITH RESPECT TO THE BOARDRIDERS CLUB OR REWARDS WILL BE CORRECTED.
PARTICIPATION IN THE BOARDRIDERS CLUB IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, ELECTRICAL SYSTEM, WIRELESS ROUTER OR COMMUNICATION DEVICE, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE PARTICIPATING WEBSITES OR IN CONNECTION WITH THE BOARDRIDERS CLUB. COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
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