MYELEMENT TERMS AND CONDITIONS
Effective Date: October 20, 2020
PLEASE READ THESE TERMS CAREFULLY. BY PARTICIPATING IN THE MYELEMENT LOYALTY PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU CANNOT PARTICIPATE IN MYELEMENT.
The MYELEMENT loyalty program (hereinafter “MYELEMENT”) is a customer loyalty program offered by Boardriders, Inc. (“Boardriders,” “Company,” “we” or “us”) to customers who meet the eligibility requirements described below. MYELEMENT is valid online in the United States and Canada on the ELEMENT website (hereafter, the “Sites”), and at participating retail stores in the United States and Canada (hereafter, the “Stores”).
When you create a user account on the ELEMENT website, you will automatically be enrolled in MYELEMENT. By creating an account and/or enrolling in MYELEMENT, you agree (or, if you are under the age of majority, you have obtained your parent or legal guardian’s consent) to participate in MYELEMENT. By participating in MYELEMENT, you will be subscribed to receive communications from ELEMENT, some of which may be commercial in nature.
A. Acceptance of Terms and Conditions of Membership
Membership in MYELEMENT is available to any natural person who is a resident of the United State or Canada, and are at least 18 of age (or the age of majority in the place of residency) at the time of enrollment in the program. By submitting an application for membership in MYELEMENT, you represent that you meet these eligibility requirements. Employees, officers, directors, agents and representatives of Company are ineligible for membership in MYELEMENT. You must read and agree to these terms and conditions of membership in MYELEMENT (“Terms and Conditions”), as set out below.
EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, Company may at any time, in its sole discretion, alter, limit, or modify the MYELEMENT rules, regulations, Rewards (as defined in Section B below), eligibility for membership, or any other feature of MYELEMENT or may suspend or terminate MYELEMENT at any time in its sole discretion, without giving you prior notice. In such instance, your Points (as defined in Section B below) may terminate or expire. Moreover, Company reserves the right to terminate your account and/or your participation in MYELEMENT if Company determines in its sole discretion that you have violated these Terms and Conditions, you have more than one (1) MYELEMENT account, or that the use of your account or any content or materials owned by Company is disruptive, unauthorized, deceptive, fraudulent or otherwise unlawful.
B. Principle of MYELEMENT
As a MYELEMENT member, you can earn MYELEMENT points (“Points”) by (i) purchasing ELEMENT brand merchandise and eligible third-party merchandise as determined by Boardriders in its sole discretion (excludes the purchase of e-gift cards, gift cards, shipping & handling charges, and sales taxes on purchases) on the Sites and at Stores (“Eligible Purchases”); and (ii) participating in Point-earning activities offered by Company from time to time (e.g., double Points Tuesdays, responding to a survey, etc.). Points earned in this way give you access to select rewards (“Rewards”) as determined by Company in its sole discretion.
C. Membership in MYELEMENT
To join MYELEMENT, simply ask about it at one of our Stores or join online on the Sites. You must create an online user account in order to participate in MYELEMENT. Upon joining, you will receive a welcome email with a member number.
In order to get the most complete experience out of your MYELEMENT membership, including receiving exclusive MYELEMENT offers, Company recommends that you subscribe to receive all MYELEMENT emails. You will periodically receive emails from us. Some of these will be marketing emails, if you have subscribed to receive such emails, while others will be transactional emails that relate to your membership in MYELEMENT. Examples of transactional emails include: the welcome email, account statement emails, earned Rewards emails or other communications that help us to maintain your user account. At any time, you may opt out of marketing emails, transactional emails, or both. If you opt out of marketing emails, you will not be notified of all Rewards opportunities that you would have otherwise been notified about had you agreed to receive marketing emails from us (e.g., birthday offer and special promotions). You may still access your loyalty membership status, earned Points and Rewards, by logging into your account.
You are responsible for the accuracy of the information you provide and shall be solely liable for any incorrect, incomplete or out-of-date information. Company reserves the right to request at any time any document to prove the identity of the person who has joined or wishes to join MYELEMENT, particularly in the case of two people with the same name.
Only one (1) membership in MYELEMENT is permitted per person and email address. In the event of a dispute over ownership of your user account, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms and Conditions, 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. Membership in the MYELEMENT, Points and Rewards are non-transferable, personal and for individuals’ own private, non-professional use only. Membership, Points and Rewards cannot be assigned.
D. Earning Membership Points
You will begin earning Points over a 12-month period from the date on which you join MYELEMENT, and will be awarded 100 Points upon enrollment in MYELEMENT. You will also earn Points on all Eligible Purchases and participation in other special programs and promotional offers that may be announced by ELEMENT or its third-party partners from time to time. Points will expire twelve (12) months after they are earned on a rolling basis.
Points have no cash, monetary or real-world value. Unless a special offer is applicable, you shall earn one (1) Point for every U.S. or Canadian dollar ($1.00) you spend (as applicable, based on country of purchase) on the Sites or in a Store. Points may be earned in fractional amounts depending on the value of your purchase and will be rounded up to the next dollar. When making a purchase on the Sites, you must log-in to your user account in order to earn Points. When making a purchase at a Store, you must provide your email address of other membership information in order to earn Points on your in-store purchase. From time to time, we, or others acting with our permission, may notify you of special promotional offers that offer you “Bonus Points.” Bonus Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer.
Points will not be awarded on unauthorized or fraudulent purchases, nor will Points be awarded if, in Company’s reasonable opinion, the merchandise or services purchased will be used for resale or commercial use and any Points awarded on such purchases will be forfeited. Points will not be earned on the following items: purchase of e-gift cards or gift cards, shipping & handling charges, and sales taxes on purchases.
No Points will be earned for purchases made on the Sites using the guest checkout option. Any purchases you make prior to joining MYELEMENT are not eligible for Points.
Company reserves the right, in its sole discretion, to determine and establish the value of Points. In the event of a dispute regarding the number of Points earned by a member, Company shall have the sole discretion to determine the accurate number of Points earned by such member. All decisions by Company with respect to Points are final.
E. Membership Rewards
Your membership Rewards include the following:
Rewards: These are single-use coupons that can be used for discounts off purchases on the Sites or at Stores as described below. The amount of your Reward will be determined by the total amount of Points you have accumulated. Every 200 Points = $15 off eligible purchases. Rewards shall be awarded in $15 (U.S. or Canadian dollars, as applicable, based on country of purchase) increments as follows:
If you accumulate 200 Points or more but less than 400 Points, you shall receive a Reward of $15 off your next purchase of $25 or more.
If you accumulate 400 Points or more but less than 600 Points, you shall receive a Reward of $30 off your next purchase of $50 or more.
If you accumulate 600 Points or more but less than 800 Points, you shall receive a Reward of $45 off your next purchase of $75 or more.
If you accumulate 800 Points or more but less than 1,000 Points, you shall receive a Reward of $60 off your next purchase of $100 or more.
If you accumulate 1,000 Points or more, you shall receive a Reward of $75 off your next purchase of $125 or more.
Each Reward shall be valid for sixty (60) days from date of issuance or such other time as set forth on the Reward. Rewards may only be used for the purchase, on the Sites or at Stores, of ELEMENT or other Boardriders brands (i.e., Quiksilver, Roxy, DC Shoes, Billabong, RVCA) in which you are also a loyalty program member. Each Reward may only be used once. Limitations on the number of Rewards that can be used in a single transaction may apply. Rewards have no market or cash value and are non-transferable.
First Loyal Purchase Offer: Following your enrollment in MYELEMENT, you will receive a one-time 20% off First Loyal Purchase Offer following your first purchase of ELEMENT merchandise on the Sites or at Stores. Each First Loyal Purchase Offer shall be valid for thirty (30) days from date of issuance or such other time as set forth on the First Loyal Purchase Offer. First Loyal Purchase Offers may only be used for the purchase of ELEMENT merchandise on the Sites or at Stores. Each First Loyal Purchase Offer may only be used once. Limitations on the number of First Loyal Purchase Offers that can be used in a single transaction may apply. First Loyal Purchase Offers have no market or cash value and are non-transferable.
Birthday Offer: Following your enrollment in MYELEMENT, you will receive a 25% off Birthday Offer once a year at the beginning of the month in which you celebrate your birthday. Each Birthday Offer shall be valid for thirty (30) days from date of issuance or such other time as set forth on the Birthday Offer. Birthday Offers may only be used for the purchase of ELEMENT merchandise on the Sites or at Stores. Each Birthday Offer may only be used once. Limitations on the number of Offers that can be used in a single transaction may apply. Offers have no market or cash value and are non-transferable.
Anniversary Offer: Following your enrollment in MYELEMENT, you will receive a 25% off Anniversary Offer once a year on the 15th day of the month in which you enrolled in MYELEMENT. Each Anniversary Offer shall be valid for sixty (60) days from date of issuance or such other time as set forth on the Anniversary Offer. Anniversary Offers may only be used for the purchase of ELEMENT merchandise on the Sites or at Stores. Each Anniversary Offer may only be used once. Limitations on the number of Anniversary Offers that can be used in a single transaction may apply. Anniversary Offers have no market or cash value and are non-transferable.
Free economy shipping: Free shipping is no longer available to loyalty members due to rising freight costs. We appreciate your understanding and are actively exploring alternative benefits for our loyal members.
Some Rewards or Offers may only be available to residents of a particular country (e.g., U.S. only or Canada only). Company reserves the right to substitute Rewards or Offers at its sole discretion. Unless otherwise noted by Company, Rewards and Offers cannot be combined with any other offers. You cannot use Rewards or Offers retroactively for prior purchases. Company is not responsible for lost or stolen Rewards or Offers. If you opt out of certain types of emails, e.g., Loyalty Program emails, you may not be able to receive Rewards or Offers by email, although you will be able to view your Rewards or Offer status by visiting a Store or logging in to your MYELEMENT account.
F. Updating Your Account
Participation in MYELEMENT requires an email address and a valid password. You should consider your user password confidential information. Anyone with knowledge of both your email address and password can gain access to your account. You agree to immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your email and password. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS.
It is your responsibility to keep your information up to date and to notify Company of any changes by editing your user account information. You shall be solely liable for any out-of-date, incomplete or inaccurate information. Under no circumstances may Company be held liable in the event that you do not receive Points or Rewards or Offers due to out-of-date, incomplete or inaccurate information.
If you are a U.S. resident, you may close your user account by sending an email request to email@example.com. Canadian residents may close their user account by sending an email request to firstname.lastname@example.org.
G. Fraudulent Use of MYELEMENT
Any fraud, attempted fraud or theft on the Sites or at a Store, any wrongful or inappropriate use of MYELEMENT, any abnormally high number of transactions found to have been made over one or more days, any payment incident or more generally any violation by you of these Terms and Conditions shall lead to the automatic suspension or permanent deactivation of your membership in MYELEMENT. Company reserves the right to suspend or deactivate your account, MYELEMENT and/or cancel Rewards and you shall have no right to claim any compensation. In addition, any Points acquired in violation of these Terms and Conditions or through misuse or fraudulent use shall be cancelled without any form of compensation.
H. Amendment, Failure or Interruption of MYELEMENT
EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, Company reserves the right to amend these Terms and Conditions at any time, without providing you notice. Company also reserves the right to change Rewards offered, as well as to amend or suspend MYELEMENT.
Company shall be exempt from any liability for all consequences, direct or indirect, of any failures of MYELEMENT. No amendment, withdrawal or failure of MYELEMENT shall give you an entitlement to compensation. If MYELEMENT is suspended, any Points earned may no longer be valid or honored by Company, at Company’s sole discretion.
I. For California Residents - Notice of Financial Incentive
We have structured and administer the MYELEMENT program in accordance with the California Consumer Privacy Act (CCPA). In addition to the other information described in these Terms and Conditions regarding the material terms of the MYELEMENT program, we provide the following additional information applicable to California residents. The categories of personal information we collect as part of your participation in MYELEMENT are: first name, last name, email address, shipping address, date of birth, phone number, and purchase history.
The Points, Rewards, and Offers for MYELEMENT program members are based on our good-faith estimate of the value of the personal information provided to us in connection with the program. We estimate that the value to Boardriders of the personal information you provided to facilitate participation in the program is $0.66. We have calculated this value based on estimated incremental average order value per loyalty order compared to a non-loyalty order, accounting for promotional discounts and costs associated with loyalty orders.
IN NO EVENT WILL COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR PARTICIPATING IN MYELEMENT, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM MEMBERSHIP IN MYELEMENT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE OR MISUSE OF MYELEMENT.
BY PARTICIPATING IN MYELEMENT, YOU ACKNOWLEDGE THAT MYELEMENT, THE REWARDS, OFFERS, AND THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT: (A) THE SITES, MYELEMENT, THE REWARDS OR OFFERS WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITES OR MYELEMENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE QUALITY OF THE SITES, MYELEMENT, THE REWARDS OR OFFERS WILL MEET YOUR EXPECTATIONS; AND/OR (D) ANY ERRORS OR DEFECTS ON THE SITES, OR WITH RESPECT TO MYELEMENT, REWARDS OR OFFERS WILL BE CORRECTED.
PARTICIPATION IN MYELEMENT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, ELECTRICAL SYSTEM, WIRELESS ROUTER OR COMMUNICATION DEVICE, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITES OR IN CONNECTION WITH MYELEMENT. COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.