PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE PIRATE PERKS LOYALTY PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
SECTION 8 BELOW CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR RIGHTS. PLEASE READ THEM.
MEMBERSHIP ELIGIBILITY AND OVERVIEW
1.1. The Pirate Perks Program (“Program”) is offered at the sole discretion of Black Hall Outfitters, Inc. (“Black Hall Outfitters,” “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of the United States (including its territories and possessions) and at least 13 years or older and who provide and maintain a valid email address are eligible to become members. If you are between the age of 13 and the age of majority in your state of residence (“eligible minor”), you may only participate in the Program with the consent and supervision of your parent or legal guardian. This Program is not targeted at children or intended for use by anyone under the age of 13. Employees of Black Hall Outfitters and its affiliates are not eligible to participate in the Program. No purchase is necessary to join the Program. The Program may not be used for any business or commercial purpose and we may refuse to create an account for any reason.
1.2. By joining the Program and becoming a Program member, you or your parent or legal guardian, if you are an eligible minor (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understood and agree to be bound by these Program Terms and Conditions (“Terms”) and by any changes or modifications we may make. You should review these Terms and the related policies frequently to understand the terms and conditions that apply to the Program as they may change from time to time. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website PRIVACY POLICY and our website TERMS AND CONDITIONS, which are incorporated herein by reference. If you do not agree to these Terms, our website PRIVACY POLICY, and our website TERMS AND CONDITIONS, you cannot participate in the Program. The Program is void where prohibited by law.
1.3. The Black Hall Outfitters Program is only available on blackhalloutfitters.com within the United States, blackhalloutfitters.ca within Canada, or within our brick and mortar locations.
PROGRAM ENROLLMENT
2.1. Eligible individuals may enroll in the Program through one of the following options:
2.1.1. Visit https://www.blackhalloutfitters.com or https://www.blackhalloutfitters.ca (collectively, the “Site”) and follow the Program prompts to register for the Program.
2.1.2. Visit one of our brick and mortar locations and have a Black Hall Outfitters employee enroll you in the Program.
2.2. If you are between the ages of 13 and the age of majority in your state of residence, by enrolling in the Program, you are certifying that on your behalf, your parent or legal guardian has consented to your enrollment in the Program, and has read, understood and agreed to be bound by these Terms, our PRIVACY POLICY and our website TERMS AND CONDITIONS which are incorporated by reference, and by any changes or modification we may make.
2.3. You are required to provide your full name, email address, and phone number in order to enroll. If you enroll at the Site, you must also create a password in order to enroll. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.
2.4. Only one Program account may be associated with a single member and a single email address. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these 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.
PROGRAM BENEFITS
3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products and/or taking other Program related actions. Eligible purchases and other opportunities to unlock Program perks will be posted on the Site or may be published through other media (e.g., in-store, in marketing communications, social media, etc.).
3.2. For your eligible purchase to qualify for the Program, you must be enrolled in the Program and you must provide your Program member identification at the time of purchase by logging into your account on the Site or providing the email and/or phone number to a Black Hall Outfitters employee in-store prior to paying for your purchase. To earn rewards and benefits, your purchase must be made on qualifying products and services. Qualifying purchases include regular priced merchandise and services, and exclude gift cards, sales tax, state fees, shipping charges, delivery charges and other excluded charges and/or purchases as specified by us from time-to-time.
3.3. Neither accounts nor rewards may be shared or combined. Only the member paying for the products may accumulate benefits and rewards. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time.
3.4. Benefits and rewards earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances credited to your Program account will be decreased or reversed, as applicable, if all or part of the purchase is returned or canceled, or if the credit is obtained through fraudulent or other activity that violates these Terms as determined by us in our sole discretion. We are not responsible for rewards lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen or otherwise destroyed. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned under the Program are the responsibility of the member.
3.5. We reserve the right to change Program benefits and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or, the number or types of rewards or benefits you may receive or earn, in a given time period or for the duration of the Program, and/or any combination thereof.
3.6. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact Black Hall Outfitters Customer Service at info@blackhalloutfitters.com. Your email must specify your name, phone number, and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
3.7. Rewards can only be redeemed on the Site and in a brick and mortar Black Hall Outfitters location. Purchases made in department stores, specialty stores, stores not solely owned and operated by Black Hall Outfitters or outside of the United States are not eligible for the Program.
3.8. Rewards cannot be exchanged or returned for another product or service, or a monetary refund.
3.9. Products sold as "used", "demo", or "rental" are excluded from The Program and are ineligible to earn Rewards.
MARKETING COMMUNICATIONS
4.1. By enrolling in the Program, you will be automatically subscribed to receive and consent to receiving (1) Program related emails, including Program marketing emails and (2) Black Hall Outfitters emails, including marketing emails.
4.2. You may opt-out of receiving Program or Black Hall Outfitters Online marketing emails at any time, but operational emails will still be sent to you as they relate to your membership in the Program, and you consent to their receipt. Examples of these include, but are not limited to, a redemption confirmation email, a profile update email, or other communications that relate to your account. If you terminate your Program membership, you will no longer receive Program-related communications.
TERMINATION AND MODIFICATION
5.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Terms and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
5.2. We reserve the right, at any time, in our sole discretion to: (1) exclude you from participation in the Program; (2) discontinue your participation in the Program; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the Program, failure to follow any Terms, membership inactivity for more than 12 months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards and/or benefits, may result in the revocation of your membership, loss of accrued points, and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate, at our sole discretion. If, in our sole discretion, we suspect fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action.
5.3. If you decide you no longer want to be a part of the Program, you may cancel your membership by contacting us at info@blackhalloutfitters.com.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
6.1. NEITHER BLACK HALL OUTFITTERS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
6.2. YOU AGREE THAT NEITHER BLACK HALL OUTFITTERS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (C) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
6.3. FURTHER, NEITHER BLACK HALL OUTFITTERS NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
6.4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
INDEMNIFICATION
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Terms.
GOVERNING LAW AND DISPUTES
8.1. This Program and these Terms will be governed by and construed under the substantive laws of the State of Connecticut, as if they were a contract wholly entered into and wholly performed within Connecticut and without reference to conflict-of-laws considerations.
8.2. ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN CONNECTICUT AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
8.3. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
PRIVACY
We value your privacy. The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program membership, will be used and disclosed by us in accordance with our PRIVACY POLICY. Without limiting the foregoing, we will use and retain your personal information to (1) provide goods and services to you, such as servicing and maintaining your Program membership with us; (2) protect against deceptive and fraudulent activity; (3) enable internal uses that are consistent with our PRIVACY POLICY; and (4) comply with a legal obligation.
CONTACT US
For information about the Program and your membership, contact 1 860-434-9680 from within the U.S.A. or via email info@blackhalloutfitters.com. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet.
FINANCIAL INCENTIVE
We may offer you various financial incentives such as discounts and special offers when you provide us with contact information and identifiers such as your name and email address. When you sign-up for our loyalty program, email list or other discounts and special offers, you opt-in to a financial incentive. You may withdraw from a financial incentive at any time by opting out from our email or closing your loyalty member account. Generally, we do not assign monetary or other value to personal information, however, Connecticut law requires that we assign such value in the context of financial incentives. In such context, the value of the personal information is related to the estimated cost of providing the relevant financial incentive(s) for which the information was collected.
