Use of the Mountain Hardwear’s Elevated Rewards card constitutes acceptance of the following terms and conditions (this "Agreement") by each Mountain Hardwear’s Elevated Rewards Member ("Member"):
1) MEMBER BENEFITS.
Mountain Hardwear’s Elevated Rewards (the "Program") provides Members with benefits including exclusive special offers and promotions as well as early product previews and invitations to special events. Member benefits may change at any time at Mountain Hardwear’s discretion.
2) GENERAL TERMS AND CONDITIONS.
3) PARTICIPATING STORE(S).
a. Shop in-store at a Mountain Hardwear store within the United States (“Participating Store”) and receive exclusive member savings on selected items by paying Mountain Hardwear’s Elevated Rewards member-only prices, while supplies last. Members may also receive exclusive direct mail and email communications with special offers and coupons. In addition to early product previews and access to special promotions and events.
4) MEMBER PRIVACY.
5) MODIFICATION AND TERMINATION.
The sponsors of the Program is Mountain Hardwear. Changes to the Agreement will be posted to the MountainHardwear.com website at least 5 days prior to the effective date. Continued use of Member’s membership card constitutes acceptance of any amendments to the Program. The most current version of the Agreement can be found at MountainHardwear.com. Mountain Hardwear may terminate the Program at any time through written notice sent to Member via email (members without email will be notified the next time their card is presented at a Participating Store). Upon termination of the Program, Member shall forfeit all unredeemed coupons earned as of the termination date. Member may choose to opt out of the Program at any time; however, this may result in the forfeiture of unused coupons.
6) GOVERNING LAW AND ARBITRATION.
Except where prohibited, you agree that the Program and any and all disputes, claims and causes of action arising out of or connected with the Program and these Terms and Conditions shall be (a) resolved individually, without resort to any form of class action, and (b) governed by and construed in accordance with the laws of the state of Oregon, without regard to any choice of law or conflicts of law principles that would require the application of the laws of any other jurisdiction. The sole venue for any legal proceeding or dispute resolution shall be in the state and federal courts in Oregon. You consent to the exclusive jurisdiction of such courts and waive any objection to venue or claim that such courts are an inconvenient forum. You hereby waive all rights to bring any claim or action beyond two (2) years after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.
7) YOU UNCONDITIONALLY RELEASE, DISCHARGE, AGREE TO HOLD HARMLESS AND COVENANT NOT TO SUE MOUNTAIN HARDWEAR AND ITS PARENT, AFFILIATES AND SUBSIDIARIES, FROM ANY AND ALL CLAIMS, JUDGMENTS, COSTS, LOSSES, EXPENSES, LIABILITIES, AND DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO ANY LOSS, DAMAGE, COST, AND EXPENSE ARISING OUT OF OR IN ANY WAY RELATED TO THE PROGRAM OR YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROGRAM (COLLECTIVELY, “HARM”), EVEN IF SUCH HARM IS CAUSED BY THE RECKLESSNESS, NEGLIGENCE OR FAULT OF MOUNTAIN HARDWEAR. IF MOUNTAIN HARDWEAR ACCEPTS RESPONSIBILITY OR IS DETERMINED TO BE LIABLE IN A COURT OF COMPETENT JURISDICTION FOR ANY HARM, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO THE GREATER OF (a) THE REIMBURSEMENT OF ANY PROGRAM REGISTRATION FEES PAID BY YOU TO MOUNTAIN HARDWEAR AND (b) FIVE DOLLARS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.