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These Terms and Conditions (this "Agreement") govern any Membership in the Potter Brothers Ski Shops Inc. Preferred Customer Card Member Program. Potter Brothers Ski Shops Inc. The Preferred Customer Card Member Program ("Membership") is administered by Potter Brothers Ski Shops Inc. ("we," "us," "our," "ours"). Purchase or use of the program at any time subjects the purchaser or user ("you," "your," "yours," "Members") to the terms and conditions hereof.
Benefits
Potter Brothers Preferred Customer Card Program entitles Members to the following benefits:
Ten percent (10%) discount on eligible purchases made at Potter Brothers Ski Shops Inc. city stores. ("Potter Brothers stores.") These stores are located in Kingston, Poughkeepsie, Fishkill, and Middletown, New York.
Ten percent (10%) discount on eligible purchases made online at PotterBrothers.com (www.potterbrothers.com).
Certain Conditions
(a) For any discount or other benefit to apply, the Membership account number must be active and available at the time of purchase. You will not be reimbursed retroactively for purchases made without a Member discount.
(b) Membership benefits are only valid on eligible purchases at any Potter Brothers store and purchases from PotterBrothers.com. Member discounts are not available on purchases of gift certificates, gift cards, gift-wrapping, shipping or handling expenses, or the purchase or renewal of any Memberships.
(c) Membership benefits are not valid on purchases at Potter Brothers Ski Shops Inc. Jiminy Peak Ski area store.
(d) Membership discounts will be applied after all other eligible discounts and deductions (e.g., everyday discounts, coupons, seasonal sale discounts, etc.) are applied, except where otherwise noted.
(e) Membership benefits do not apply in conjunction with any coupons or with any corporate or prearranged group discounts such as the following, unless specifically stated: employee discounts, in-store corporate, institutional, and volume discounts.
(f) Membership benefits are non-transferable. Potter Brothers Ski Shops Inc. reserves the right to revoke or terminate Membership privileges at its sole discretion if we feel the terms of Membership have been violated in any way.
(g) We expect Members to submit and maintain accurate user information in connection with their Potter Brothers Preferred Customer Card Member account. Such information includes name, address, e-mail address and telephone number. Members can change their account information by (i) completing an Update Member Profile form at any Potter Brothers store, or (ii) calling us at 888-330-4941 (Members located outside of the U.S. should call 845-338-5119). We cannot assume any liability for correspondence, mail or e-mail, that is lost, delayed, or misdirected.
Membership Fee
The annual Membership fee is currently $25. We may change the Membership fee at any time, but changes will apply only to new and renewal Memberships. The fee is not refundable.
Term Renewal
The initial term of Membership shall commence on the date it is purchased and continue until July 31, 2006. Membership will not automatically renew each year.
The Membership in the Potter Brothers Preferred Customer Card Program must be paid in advance or at the time of purchase for discounts to be applied to purchases
Potter Brothers Preferred Customer Card Program membership may renewed at any time after July 31, 2006.
Membership Cancellation
You have the right to cancel your Membership at any time. If you cancel your Membership, you will no longer receive discounts on purchases made at Potter Brothers Stores or on PotterBrothers.com. If you cancel your membership there are no refunds of your membership fee.
We may terminate your Membership, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests. In the event of any such termination, no refunds will be offered for the Membership fee.
Program Termination
We may terminate any or all of the benefits available under the Potter Brothers Preferred Customer Card Membership program at any time with or without notice. In the event of our termination of this program, at our election we will either maintain your Membership benefits until expiration of the Member's current Membership term.
Privacy
As a Member, the information we capture will be subject to the Membership Privacy Policy as amended from time to time in accordance with its terms. You may view the current version of the Privacy Policy at www.potterbrothers.com. A copy of the Privacy Policy is available at any Potter Brothers store, or you may receive of a copy of the Privacy Policy by calling 888-330-4941.
DISCLAIMERS; LIMITATION OF LIABILITY
USE OF POTTER BROTHERS PREFERRED CUSTOMER CARD MEMBERSHIP IS AT YOUR SOLE RISK. THE MEMBER BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POTTER BROTHERS SKI SHOPS INC., POTTERBROTHERS.COM INC., NOR ANY OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY "PROVIDER") EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER MAKES NO WARRANTY THAT (i) POTTER BROTHERS MEMBERSHIP WILL MEET YOUR REQUIREMENTS, (ii) POTTER BROTHERS MEMBERSHIP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF POTTER BROTHERS MEMBERSHIP WILL MEET YOUR EXPECTATIONS. PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE POTTER BROTHERS MEMBERSHIP OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE POTTER BROTHERS MEMBERSHIP; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR POTTER BROTHERS MEMBERSHIP DATA; OR (iv) ANY OTHER MATTER RELATING TO POTTER BROTHERS MEMBERSHIP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.
Governing Law
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to conflict of law principles.
Binding Arbitration
Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or the Potter Brothers Preferred Customer Card Member Program shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Potter Brothers Ski Shops Inc., PotterBrothers.com Inc. from seeking any injunctive relief in State or Federal courts for protection of their respective intellectual property rights (including such rights of their respective licensors).
Changes to this Agreement
We may change the terms of this Agreement at any time by notifying Members of such change in writing. Any change shall take effect upon thirty (30) days from the date of our notice. You may view the current version of this Agreement at www.potterbrothers.com or you may obtain a copy of it by calling 888-330-4941 (Members located outside of the U.S. should call 845-338-5119).
This Agreement was last modified on April 30, 2005. |
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