THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION PURSUANT TO THE SOUTH CAROLINA UNIFORM ARBITRATION ACT, (SC CODE SECTION 15-48-10 SEQ., AS AMENDED)
Freedom Finders Terms & Conditions
Please read these Terms and Conditions carefully before participating in the Freedom Finders Loyalty Program. Your participation in our Freedom Finders Loyalty Programs confirms your unconditional acceptance and agreement to be bound by these Terms and Conditions, the Company’s Website Terms of Use and Privacy Policy, all of which are incorporated herein by reference.
Last updated: 2/10/2020
1. Membership
Freedom Finders Loyalty Program (“Program") is offered by Free Fly Fishing Company, LLC, a South Carolina limited liability company ("Company") to customers making purchases online at freeflyapparel.com (“Website”). Company will extend certain perks and privileges for Eligible Purchases as described in more detail herein, and additional offers may be extended from time to time. These terms and conditions (hereinafter "Terms and Conditions") form the agreement ("Agreement") between you ("Member") and Company with respect to the Program.
2. Acceptance of Our Terms
The Program is a tiered loyalty program which is offered at the sole discretion of the Company. By participating in the Program, Member agrees to the Terms and Conditions, rules, regulations, policies and procedures of the Program, including, without limitation, these Terms and Conditions, including the provisions in Section 18 below regarding governing law, mandatory arbitration of all disputes and no class actions. Each Member is responsible for periodically reviewing these Terms and Conditions by checking the “Last Updated” notice set forth above to ensure the Member is aware of any changes to these Terms and Conditions. Company reserves the right to change or modify these Terms and Conditions from time to time and Company has the sole discretion to disqualify any Member who has violated any of the Program Terms and Conditions. These Terms and Conditions do not alter in any way the terms and/or conditions of any other agreement Member may have with the Company, including any agreements for the purchase of products.
3. Membership & Eligibility
The Program is open to U.S. residents at least 18 years of age within the 50 United States and District of Columbia. No purchase is necessary to join as a Member. Membership is limited to individuals only and is limited to one account per individual. Membership will not be available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from Company, in its sole discretion. Employees, agents and representatives of Company and its affiliates are eligible for Membership but may be excluded from certain promotions. By submitting an application for Membership in the Program, Member agrees to be bound by these Terms and Conditions (“Membership”).
4. Membership Enrollment
To become a Member, individuals can enroll by creating an account on our Website at www.freeflyapparel.com. Member must provide enrollment information accurately and completely. Company reserves the right to refuse Membership to any customer or individual who does not follow the enrollment procedures. Member should promptly advise Company of any changes to their personal account contact information, such as name, address, and/or email address, by visiting www.freeflyapparel.com/account/login and updating Member’s account.
5. Earning and Redeeming Status
Under the Program, you earn Program tier status for every U.S. dollar spent on Eligible Purchases (as defined below) in the United States online through our Website - www.freeflyapparel.com. A Member’s Program tier status is determined by the amount of US dollars spent on Eligible Purchases: ($0-249.99 for Welcome Tier, $250-499.99 for Frequent Tier, and $500+ for Freedom Tier). Program benefits offered to a Member are dependent on each Program tier. See Section 8 below (Program Benefits & Details) for accessing specific benefits in connection with certain Program tiers. Annual Program tier status is determined by how much Member spends in rolling 12-month year starting at enrollment date.
6. Company's Right to Change/Cancel Program
Company may, at its sole discretion, alter, limit or modify a Member’s Program tier status or any other benefit of the Program. Company reserves the right to change the Terms and Conditions of the Program or terminate the Program at any time. Communications about the Program, including changes to the Program, will be posted to freeflyapparel.com/freedom-finders-terms-conditions. When Company modifies these Terms and Conditions, Company will update the “Last Updated” notice set forth above. It is Member's responsibility to regularly review these Terms and Conditions. A Member’s use of the Website following the posting of updated Terms constitutes such Member’s acceptance of the updated Terms and Conditions.
7. Program Communications
Unless Member has opted out of receiving marketing communications, Company will communicate with Member about marketing via mail, email and other channels, including about special Member promotions, offers and more. Company will also use these channels to communicate Member Program tier status, notify Member when they are eligible for a Program benefit, communicate Program changes and more. Please note that even if Member opts out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about Member accounts or our ongoing business relations.
8. Program Benefits and Details
In addition to any other requirement and/or limitation that may be communicated to Member at the time a Program benefit is offered, the following shall apply:
- Birthday gift: Member must have a valid birthday on file with Member's registered Freedom Finders customer account and be opted in to receive marketing communications. One annual birthday gift per member. If Member has received gift and changes birthday within the same calendar year, they will not receive another gift within same calendar year. Birthday change requests must be submitted to info@freeflyapparel.com. Additional terms and conditions may apply.
- Free shipping: Free standard shipping on orders placed at freeflyapparel.com for orders shipping to the continental U.S. only. Member must be signed in to your Freedom Finders account at time of purchase. Free shipping is dependent upon on tier status and will automatically be applied at checkout. Offer cannot be applied to previous purchases. Terms of offer are subject to change.
- Annual gift: While supplies last. Member must be opted in to receive marketing communications. Eligibility is dependent upon tier status.
9. Identification at Transaction
Members must identify themselves through their account email address to receive benefits and earn status on Eligible Purchases made online in the United States through our Website at freeflyapparel.com. Members must sign into their online account before checkout for online transactions in order to receive benefits.
10. Valid Email Address
A current, valid email address is required for Member to be eligible to receive initial Program tier status and certain Program benefits, offers and updates. Member must notify Company of change of email address by updating Member account information online.
11. Tier Status
Following Member’s initial Program tier status upon registration (e.g., Welcome Tier), Program tier status is based solely on the total amount of money spent on Eligible Purchases during a rolling 12-month calendar year starting after Member’s first Eligible Purchase is made on the. Following the conclusion of that qualifying rolling year, a Member’s Program tier status will be valid for the next Program benefit year after qualification. A Member’s Program tier status will be upgraded during the year if such Member’s spend amount on Eligible Purchases exceeds his or her current Program tier status threshold. Members should allow 30 days for Eligible Purchases to process before Member is upgraded, if at all, into a different Program tier. For more information on Program tiers, see www.freeflyapparel.com/account/login.
12. Eligible Purchases
Purchases of merchandise, after promotional offers have been applied, before taxes and shipping charges have been applied, made online in the United States through our Website - freeflyapparel.com - count towards earning certain Program benefits and a Member’s Program tier status “Eligible Purchase.” The amount of a purchase made with gift cards as method of payment will not be applied to Program tier status or any other Program benefit earnings. Additional Eligible Purchases may be excluded from Program tier status and other Program benefit accumulation at the sole discretion of Company.
13. Returns
Merchandise returns must be made in accordance with Company's return policy available at https://help.freeflyapparel.com/article/31-returns. Upon the return of an Eligible Purchase, the Member’s Program benefits earned for the Eligible Purchase will be deducted from the Member's account and the Member’s Program tier status will be adjusted accordingly.
14. Account Closure
Upon closure of account and membership, Program tier status is reduced to zero. To close an account, Member must reach out to info@freeflyapparel.com with a request.
15. No Transfer
Program tier status and other Program benefits may not be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Member account. Program tier status and other Program benefits, have no cash value, are not exchangeable for cash, and cannot be sold, transferred or assigned, other than by the Company.
16. Right to Revoke
Company reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to, if in the sole discretion of Company, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise earns Program tier status or other Program benefits through deception, forgery and/or fraud. In the event that Company cancels a Member’s Membership or terminates the Program for any reason, Program tier status and any Program benefits earned and reflected in the Member’s account will be forfeited.
17. Governing Law
These Terms and Conditions, the relationship between a Member and the Company, and Company’s Program, shall be governed by, construed and enforced in accordance with the laws of the State of South Carolina, without giving effect to any conflict of law provisions.
18. Mandatory Arbitration of All Disputes. No Class Actions.
ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR COMPANY’S PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN CHARLESTON COUNTY, SOUTH CAROLINA. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, COMPANY AND MEMBER UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. COMPANY AND MEMBER FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION IN CONNECTION WITH OR RELATED TO THE PROGAM. THIS PROVISION SHALL NOT APPLY IF MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN THE STATE OR FEDERAL COURT IN CHARLESTON COUNTY, SOUTH CAROLINA. MEMBER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.
19. Release; Limitation on Damages
Member agrees to release Company and its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents from and against any and all liability relating to Member’s membership or participation in the Program or these Terms and Conditions. To the fullest extent permissible under applicable law, Company is not responsible or liable for any direct, indirect, incidental, consequential or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, to Members’ participation in the Program. This applies even if foreseeable or even if Company has been advised of the possibility of such damages.
20. No Warranty
Company and each of its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents make no warranty, express or implied, including but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program or any products or services related to such Program.
21. Taxes
Member is responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from Member's participation in the Program.
22. Data Privacy
See https://freeflyapparel.com/pages/privacy-policy for more information on Free Fly Apparel's privacy policy
23. Intellectual Property
All Company and Program designs, texts, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Company Intellectual Property") are owned by Company and may be registered in the United States and internationally.
Questions
For all questions about the Program or your Member account, please contact us at or info@freeflyapparel.com
