Sportsman's Warehouse Loyalty Rewards Terms and Conditions
1. The Program. The Sportsman's Warehouse Loyalty Rewards Program (the "Loyalty Rewards Program") is sponsored and administered by Sportsman's Warehouse (the "Company").
2. Agreement to Terms and Conditions. By participating in the Loyalty Rewards Program, you agree to be bound by all of the terms and conditions set forth herein ("Terms and Conditions"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, REMEDIES AND OBLIGATIONS AS A PARTICIPANT IN THE LOYALTY REWARDS PROGRAM.
3. Eligibility. Participants must be at least 14 years of age with a valid email address, and must be a legal resident of the United States, and actually reside in one of the 50 states or the District of Columbia. Participation in the Loyalty Rewards Program is void (a) if prohibited by law in the jurisdiction in which the prospective participant resides, or (b) the jurisdiction in which the prospective participant resides requires that the Loyalty Rewards Program or Sportsman's Warehouse apply for any special license, bonding, permit or other governmental regulatory approval to operate the Loyalty Rewards Program in such jurisdiction.
4. How to Register. Obtain your Sportsman's Warehouse Loyalty card at any Sportsman's Warehouse store location or with your next purchase online at www.sportsmans.com, then register for the Loyalty Rewards Program on-line at www.sportsmans.com.
5. Program Operation. You must present your Sportsman's Warehouse Loyalty card with every purchase in order to assure accurate tracking of points. You will earn at least one point for every $1 of merchandise purchased at Sportsman's Warehouse stores and www.sportsmans.com. Points cannot be earned on, or used towards, in-store sales tax, online sales tax, Reward redemptions, purchases prior to joining, gift cards, returned merchandise, online services, service items, shipping, oversize charges, fees, licenses, and Guide program purchases and others as they arise. If you return purchases on which you earned loyalty points, those points will be deducted from your loyalty points account. You must present your loyalty card when returning any purchases that earned loyalty points. If unredeemed, any and all points earned as a participant in the Loyalty Rewards Program, will expire twelve (12) months from the date the points were accrued unless at least one more point is accrued in a rolling twelve-month (12-month) period. The points are non-transferable and have no cash value. Points can be redeemed by visiting sportsmans.com, logging into your reward account and following the process for redeeming points. Exclusions may apply and, if applicable, will be set forth in the redemption process.
6. Modification of Terms and Conditions. The Company reserves the right, at its sole and absolute discretion, to change, modify, add and/or delete any provision of these Terms and Conditions, in whole or in part, at any time. Notification of changes in the Agreement will be posted on www.sportsmans.com, and your continued participation in the Loyalty Rewards Program after such notice is posted constitutes your acceptance of and agreement to be bound by any such changes to the Terms and Conditions.
7. Right to Suspend or Terminate the Loyalty Rewards Program. The Company may, in its sole and absolute discretion, suspend or terminate any aspect of the Loyalty Rewards Program at any time without further notice. In addition, the Company may also impose limits on certain features and services or restrict your access to any portion or the entire Loyalty Rewards Program without notice or liability. The Company reserves the rights, in its sole and absolute discretion, at any time, with or without cause, to refuse service or cancel your membership in the Loyalty Rewards Program.
8. Indemnification. You agree to indemnify, defend and hold the Company, and each of its respective subsidiaries, affiliates, officers, directors, owners, agents, employees, information providers, licensors, licensees, representatives and successors and assigns (collectively, the "Indemnified Parties") harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees and expenses, incurred by one or more of the Indemnified Parties relating to, arising out of or in connection with any breach or alleged breach by you of any provision of these Terms and Conditions. You agree to cooperate in the defense of any claim brought against an Indemnified Party. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall in no event settle any claim without the prior written consent of Company. Participation in the Program is void if prohibited by law in the jurisdiction in which the prospective participant resides.
9. NO WARRANTY. THE LOYALTY REWARDS PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE TO YOU OR ACCESSED BY YOU AS A PARTICIPANT IN THE LOYALTY REWARDS PROGRAM IS PROVIDED BY THE COMPANY ON AN "AS IS" BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND, ACCORDINGLY, THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY NATURE OR KIND WHATSOEVER FOR THE CONTENT OF THE LOYALTY REWARDS PROGRAM OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE TO YOU. FURTHER THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10. RELEASE; LIMITATION OF LIABILITY. BY PARTICIPATING, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, ASSIGNS AND PERSONAL REPRESENTATIVES, RELEASE THE COMPANY, AND EACH OF ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, REPRESENTATIVES AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL RESPONSIBILITY, OBLIGATION OR LIABILITY FOR ANY DAMAGES THAT YOU MAY INCUR BY USE OF OR THE PARTICIPATION IN THE LOYALTY REWARDS PROGRAM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN, WHICH RESULTS FROM ACTS OR EVENTS BEYOND THE COMPANY'S REASONABLE CONTROL. IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF YOUR USE OF OR PARTICIPATION IN THE LOYALTY REWARDS PROGRAM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, COMPUTER PROGRAMS, OR INFORMATION SYSTEMS, OR THE LOSS OF ANY INFORMATION OR DATA EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S MAXIMUM LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED TEN DOLLARS ($10.00).
11. Entire Agreement; Governing Law; Venue. These Terms and Conditions constitute the entire agreement between the Company and you with respect to your use of and participation in the Loyalty Rewards Program. Any cause of action you may have with respect to the Loyalty Rewards Program must be commenced within ninety (90) days after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. The failure of the Company to exercise or enforce its rights hereunder shall not constitute a waiver of such right or provision in that or any other instance. The laws of the State of Utah, without regard to principles of conflicts of laws, will govern the Terms and Conditions of any dispute that may arise hereunder. You further agree not to commence or prosecute any action in connection herewith other than in the state and federal courts of Utah, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum nonconveniens with respect to, venue and jurisdiction in the state and federal courts of Utah. Void where prohibited by state laws.