Backcountry Summit Club
Competitive Cyclist Summit Club
Terms & Conditions
Last Updated December 18, 2019
Overview of the Program
Backcountry Summit Club and Competitive Cyclist Summit Club are loyalty programs in a pilot phase (“the Program”) and are offered by Backcountry.com LLC (“the Company”) to Company customers making purchases on Backcountry.com and CompetitiveCyclist.com. These Program terms & conditions (“the Terms & Conditions”) form the agreement between you and the Company. Company customers accepting the Terms & Conditions (“Program Participants”) may stop participating in the Program at any time by sending a written request to email@example.com.
Changes to the Program
Eligibility for the Program
The Program is free and only open to Company customers with an active Company account who are at least 18 years of age (or the age of legal majority where you live), and enrolled in the Company’s free expert Gearhead program.
- 10% Loyalty Credits earned each quarter on purchases of Full Price items.
- Personal Gearhead providing customer service and expert advice via email, phone, and text.
- 30-day free returns with UPS.
How Loyalty Credits Are Earned
Program Participants earn loyalty credits at a rate of 10% of the Full Price items purchased in a given quarter (“Loyalty Credits” or “Credits”). Loyalty Credits may be earned on the purchase of Full Price items made with a gift card if the gift card recipient is a Program Participant. Loyalty Credits may be earned on Full Price purchases in which Loyalty Credits are redeemed. Loyalty Credits can only be earned on the site through which the Participant joined the Program (e.g., Competitive Cyclist Summit Club members will only earn Loyalty Credits on Competitive Cyclist purchases). Customers can be members of both the Competitive Cyclist Summit Club and the Backcountry Summit Club. Loyalty Credits cannot be earned from sales tax, postage, donations, services, fees, or from purchasing a Company gift card.
What Constitutes a Full Price Purchase
Products that are discounted for the Program Participant in any way, either through individual product level discounts, cart discounts, coupons, price matching, or customer service offerings, are not considered Full Price purchases. Purchases made through a third-party affiliate that also provides credits, rewards, cash-back, discounts, or additional benefits are not considered Full Price purchases and will not result in the issuance of Loyalty Credits.
Loyalty Credit Issuance and Expiration
Loyalty Credits will be made available in Program Participants’ accounts the first day after the end of the prior quarter. Loyalty Credits will expire at the end of each quarter in which the Credits were issued. Loyalty Credits will surface as store credits in a Program Participant’s account page, shopping cart page, and during checkout.
Period Credits Are Earned
Day Credits Are Issued
Period Credits Are Available for Redemption
Day Credits Expire @11:59pm (MT)
January 1 - March 31
April 1 - June 30
April 1 - June 30
July 1 - September 30
July 1 - September 30
October 1 - December 31
October 1 - December 31
January 1 - March 31
Absent fraud or abuse as determined in Backcountry’s sole discretion, Loyalty Credits earned by Program Participants will remain available until the Credits’ expiration under these terms, even if the Program Participant opts out of the Program during that same quarter.
How Returns Affect the Earning of Loyalty Credits
All returns must be made in accordance with the Backcountry Return Policy. If a Program Participant purchases a Full Price product and then returns that product, Loyalty Credits earned from the purchase will be forfeited. In the event of a return of a product for which Loyalty Credits are issued, and upon the Company’s acceptance of any such return for a refund, Backcountry will deduct the credit earned on the returned product from the Program Participant’s credit balance. If a Program Participant uses Loyalty Credit as payment for another product and the remaining credit balance is less than the deduction, the Program Participant will be refunded the purchase price less the credits used.
How Loyalty Credits Are Redeemed
Loyalty Credits may be redeemed on any Backcountry domestic site. In addition to paying for Products and services rendered, Loyalty Credits can be used to cover any taxes or state fees, packaging fees, shipping & handling or delivery charges, and donations. Credits are promotional in nature and have no cash value. Credits are not transferable from one customer to another. Credits may not be redeemed for cash. Loyalty Credits cannot be used to purchase a gift card. Upon application to an eligible order, the Loyalty Credit is deducted from your available balance.
How Returns Affect the Redemption of Loyalty Credits
If a customer returns a product purchased with Loyalty Credits during the quarter of issuance, the associated Loyalty Credits will be reissued to the customer up until the expiration date for the Loyalty Credits. In all other scenarios, Loyalty Credits can only be redeemed once. If the customer returns a product purchased with Loyalty Credits after the expiration date for those credits, no Loyalty Credits will be reissued.
How Personal Gearheads Work
Gearheads are Backcountry’s and Competitive Cyclist’s outdoor experts. Instead of just speaking to any available Gearhead, Program Participants will have access to their own personal Gearhead, dedicated to their clients’ specific gear needs and questions.
Consent to Receiving Information by Email, Phone, Text, and Direct Mail
The Program will send transactional relationship emails related to membership including but not limited to the following: welcome email; recurring membership status statements and/or updates; and reminders of upcoming expiration of earned Loyalty Credits. To stop receiving these transactional communications, Program Participants must cancel their membership.
Gearheads provide Program Participants an elevated level of customer service via email, phone, text, and direct mail. Message and data rates apply. Program Participants will also be enrolled in the Company’s broader marketing efforts through email, phone, and text. Our communications may utilize automated telephone and texting systems. The Company will use the contact information already provided by the Participant in their account. If a Program Participant already has an assigned Gearhead, the Company will reset the account with his or her agreement to participate in the Program. This agreement waives, replaces, and supersedes any prior consent to receive emails, calls, or text messages from Backcountry and its affiliates. Program Participants may unsubscribe or adjust their marketing preferences at any time while still remaining in the Program.
How Free Returns Work
Backcountry will waive the $6.99 return shipping label fee on returns made within 30 days of delivery and returned via United Parcel Service (UPS). Returns requiring freight shipping or using another carrier are excluded from this benefit. Returns are otherwise subject to the Backcountry Return Policy.
Limitation of Liability
The Company and any affiliated parties, along with their 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 the Program. Company and any affiliated parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages arising out of or in any way related to the Program or these Terms & Conditions, even if Company has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.The maximum liability of the Company for any claim arising out of or relating to the Program or these Terms & Conditions is limited to the value of the total Loyalty Credits earned in the applicable quarter.
By agreeing to participate in the Program and to the fullest extent permitted by applicable law, you release the Company and any affiliated parties from responsibility, liability, claims, demands, or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to your participation in the Program and use of the Program and its benefits, including, but not limited to, the misdirection or misuse of any Loyalty Credits, disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Dispute Resolution and Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with the Company and its affiliates and limits the manner in which you can seek relief from us.
Except as specified in this section below, you and the Company and its affiliates waive your rights to a jury trial and to have any dispute arising out of or related to the Program or these Terms & Conditions resolved in court. Instead, all disputes arising out of or relating to the Program or these Terms & Conditions will be resolved through confidential binding arbitration in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. The arbitration will be held in the county in which you reside, provided that if the claim is for $25,000 or less, either you or Company and its affiliates may choose to conduct the arbitration through a telephonic hearing. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and the Company and its affiliates agree that any dispute arising out of or related to the Program or these Terms & Conditions is personal to you and the Company and its affiliates and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
To the maximum extent permitted by applicable law, you and the Company and its affiliates agree that the Program or these Terms & Conditions affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"). As limited by the FAA, the Terms & Conditions and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by the Terms & Conditions. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and the Company and its affiliates agree that for any arbitration you initiate, the party filing the claim will pay the filing fee and the parties will split the remaining JAMS fees and costs. You and the Company and its affiliates agree that the state or federal courts of the State of Utah and the United States sitting in Summit County, Utah have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to the Program or these Terms & Conditions must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and the Company and its affiliates will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Program by emailing firstname.lastname@example.org. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the governing law and venue provisions of these Terms.
This section will not apply to (i) small claims disputes in which you or Company may seek to bring an individual action in small claims court located in the county of your billing address or (ii) disputes in which you or Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property.
Governing Law and Venue
This Program and the Terms & Conditions will be governed by and construed and enforced in accordance with the laws of Utah, without regard to conflict of law rules or principles (whether of Utah or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or small claims court will be resolved in the state or federal courts of Utah and the United States, respectively, sitting in Summit County, Utah.
With the exception of the arbitration agreement, which shall survive the termination of these Terms & Conditions, these Terms & Conditions are effective unless and until terminated by either you or Company. You may terminate this Agreement at any time by cancelling your membership in the Program. We reserve the right, without notice and at our sole discretion, to terminate your right to access or participate in our Program or to discontinue all or a part of the Program. Termination of the Program, your right to access or participate in our Program, or requested deletion of your Backcountry or Competitive Cyclist accounts will result in the immediate revocation of any earned Loyalty Credits. We are not responsible for any loss or harm related to your inability to access or use the Program.
The Company reserves the right to remove any Program Participant from the Program and eliminate their Loyalty Credit balance if the Company determines that the Participant is abusing the program as determined in the Company’s sole discretion. Examples of abuse include indications that a Participant is creating multiple membership accounts, buying for resale by purchasing multiple units of the same product, or otherwise gaming the Program.
If any provision or part of a provision of these Terms & Conditions is deemed unlawful, void or unenforceable, that provision or part of the provision is deemed severable and does not affect the validity and enforceability of any remaining provisions. These Terms & Conditions and any applicable additional terms constitute the entire agreement between you and the Company relating to your access to and use of the Program. The failure of Backcountry to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
If you have any questions or concerns regarding the Program or these Terms & Conditions, please contact Backcountry at: Backcountry.com, LLC, Attn: Legal Department, 1678 West Redstone Center Drive, Park City, UT 84098 or email@example.com.