Bandits Club Terms & Conditions
BANDITS CLUB RULES IMPORTANT NOTE: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, ELIMINATE YOUR RIGHT TO A TRIAL BY JURY, REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION, AND THROUGH FINAL AND BINDING ARBITRATION. SEE BELOW.
Please read these Terms carefully for important information about your rights and obligations in the BANDITS CLUB Loyalty Program (“Program”). By participating in the program, you agree to these Terms.
In these Terms, “you” and “your” mean the BANDITS CLUB Accountholder. “We,” “our,” and “us” mean Wonderweststyle.com, a business of Boot Barn, Inc.
The Program is provided by Wonderweststyle.com, a business of Boot Barn, Inc. Wonderweststyle.com is solely responsible for Program operation and may withdraw the Program or change the terms of the Program at any time. The purpose of the Program is to thank our customers for their patronage and reward customers for certain purchases made at Wonderweststyle.com.
FOR THE MOST UP-TO-DATE TERMS, PLEASE VISIT (INSERT LINK) or you may call Wonderweststyle.com Customer Service at 1-888-286-7691.
1. GENERAL INFORMATION; DEFINITIONS The Program allows you to earn points (“Points”) on the dollars you spend as described in Section 3 below. Accumulated Points are held in your BANDITS CLUB Account until the required threshold is met. You will automatically receive the Rewards (“Reward”) when the threshold is met to use at Wonderweststyle.com as described in Section 4 below. Wonderweststyle.com respects your privacy and we do not sell your personal information. All information collected about you in connection with the Program is subject to our privacy policy, which can be obtained at https://wonderweststyle.com/pages/privacy-policy
2. PROGRAM MEMBERSHIP AND ENROLLMENT The Program is open to individuals who are at least 18 years of age and residents of the United States. Boot Barn, Inc. Employees, commercial customers, and others purchasing items for resale are not eligible for membership in the Program. Employees and members of their immediate households are subject to Boot Barn, Inc.’s employee purchase policies. Employees are not eligible to participate in the Program while employed at Boot Barn, Inc. A Program member that becomes an employee of Boot Barn, Inc. will have their BANDITS CLUB account suspended for the duration of their employment, which would preclude the issuance of future points and Rewards. If their employment status changes, the BANDITS CLUB account may then be re-activated and able to earn points and Rewards again. Any previously earned points will continue towards expiration based on the original purchase date and any earned Rewards continue towards expiration and are unable to be used while employed at Boot Barn, Inc. Customers may enroll online at Wonderweststyle.com. No purchase is necessary to enroll in the Program. To enroll in the Program, you must provide a valid email address, physical mailing address, telephone number, and first and last name. Your permission to receive communications related to the Program is also required. See Member Privacy policy above. You may cancel your participation in the Program in accordance with Section 10. Wonderweststyle.com, at its sole discretion, may terminate your participation without notice if continued participation would violate any terms of the Program. We reserve the right to approve, deny or revoke participation in the Program to any individual at any time for any reason whatsoever. If your participation in the Program is cancelled or terminated, whether by you or us, your BANDITS CLUB Account will be closed, any Reward balance will be forfeited, and Program benefits will end.
3. EARNING POINTS The Program is limited to earning Points for Net Eligible Purchases. Net Eligible Purchases are purchases of goods and services for personal, family and household purposes minus any returns, refunds or credit adjustments, rounded to the nearest dollar after all discounts or coupons have been applied. Members must make sure they are signed in to their BANDITS CLUB account before completing checkout.
Points are not earned on, and the term “Net Eligible Purchases” does not include: returns, refunds, credit adjustments, unauthorized or fraudulent charges, charges that violate the terms of your Credit Card Agreement, purchases made by or for a business or for a business purpose, balance transfers, interest, or fees. Points are not earned on purchases made using a Reward. Points will not be awarded for sales tax, shipping charges, fees or other excluded charges, or on the purchase of Wonderweststyle.com gift cards. Points earned on items that are later returned will be deducted from your BANDITS CLUB Account and any corresponding Reward may be invalidated, visit your BANDITS CLUB Account for balance information. Reward points are earned on purchases made only by the BANDITS CLUB Accountholder. Purchases made by anyone other than the actual BANDITS CLUB Accountholder will not be added to the BANDITS CLUB Account. Points from purchases made by individuals living at the same household address may be applied to one BANDITS CLUB Account if all individuals are listed on the BANDITS CLUB Account. BANDITS CLUB Accounts cannot be created using fictitious information or using personal information belonging to individuals other than the applicant. Points have no cash value and are non-transferable or exchangeable unless specifically authorized by Wonderweststyle.com. We have the right to deduct Points from your Points balance for charges that were not or do not remain as Net Eligible Purchases. If your Points balance goes negative, you must first earn Points to bring your Points balance to zero before earning any Points eligible for redemption. Points you earn may not be combined with Points earned on any other BANDITS CLUB Account. Points earned have no cash value and may not be used as payment.
(a) Points for Net Eligible Purchases. BANDITS CLUB Members will earn: One (1) Point for each $1.00 of Net Eligible Purchases.
(b) Points for Special Offers From time to time, we may make special offers for you to earn additional Points for Net Eligible Purchases. These additional points are called “Bonus Points.” The way to earn Bonus Points, and the Bonus Points that can be earned, may vary. Read each offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus Point limits, or exclusions. You may have to register to qualify for the offer. We may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Points already earned. For mail order, special order, online, and other purchases, please be aware that we may not charge you until items purchased have shipped. During special offer periods, making a return in the same transaction as your purchase may result in earning fewer Points because Points are calculated off of your Net Eligible Purchase (in this case, your purchase minus return).
(c) Posting of Points Earned; Expiration; Forfeiture Posting of Points earned for the Program are typically updated to the BANDITS CLUB Account within 24-48 hours of the purchase. At any time, we may verify and adjust your Points balance based on our records and based on certain purchases not constituting, or no longer constituting, Net Eligible Purchases. Points will remain available in your Points balance until they are redeemed for a Reward as describe in Section 4, are forfeited, or expire.
Points in the Program do not expire as long as you have at least 1 transaction within the previous 12 months. If after 12 months and you have no activity on your BANDITS CLUB Account, the Points balance will expire in its entirety.
Except as otherwise provided by applicable law, you will forfeit all unused Points if you file for bankruptcy, or your participation in the Program is terminated or your BANDITS CLUB Account is closed for any reason. You will also forfeit Points as described below and in Section 10. You will not receive any compensation or new Points for your Points that expire or are forfeited.
Points may not be sold, purchased, brokered, bartered, transferred or altered in any way by you. Any attempted transaction of such sort will automatically be void. Anyone engaging in such transactions will be liable for damages to us, including, but not limited to consequential damages, third party damages, transaction costs, attorney’s fees and court costs. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused Points.
4. REWARDS When you earn enough Points (a “Reward Level”), you will be eligible for a Reward. The current Reward Level is 250 Points (250 Points = $10 Reward). There is a weekly maximum of $150 in Rewards. Any points not converted into Rewards in one week will remain in your account and, if over 250 points, will be converted to additional Rewards the following week. Once 250 points have been earned, you will be notified via email within 14 days that you have a Reward. Reward Levels are subject to change without notice. Rewards have no cash value and are non-transferable or exchangeable unless specifically authorized by Wonderweststyle.com. Rewards may not be used for purchase of gift cards.
You are responsible for notifying Wonderweststyle.com of any change in address, email address, or home phone number. Boot Barn Inc. is not responsible for Rewards that are lost, delayed, or misdirected.
Rewards expire within 60 days from the date of the email notice.
There is no limit to the amount of Rewards that may be used per purchase. You may not combine a Reward with any other discount or certificate, except as otherwise provided in the offer. Any unused Rewards will remain available until used or expired. For online purchases, you must use your entire balance of Rewards in one transaction. If merchandise purchased with Rewards is returned, the value of the Reward will be re-applied back to the BANDITS CLUB Account within 48 hours of processing the return. Rewards are issued for reward purposes only. Rewards have no cash value and may not be applied to taxes or shipping charges. Rewards will not be honored retroactively in connection with any prior purchases. Rewards may not be used as payment. Any additional exclusions or limitations for use of Rewards will be provided to you on the Reward email notification.
To the extent allowed by applicable law, we may cancel any earned or outstanding Rewards if we become insolvent, unable to pay our debts when due, file an action under the U.S. Bankruptcy Code or have such an action filed against us.
5. COMMUNICATIONS, PROGRAM ACTIVITY AND CUSTOMER SERVICE We may contact you about the Program by mail, phone, e-mail or other methods permitted under applicable law. As needed, you agree to promptly update your contact information at https://wonderweststyle.com/account/login or by calling 1-888-286-7691. Neither we, nor our service providers, are responsible for communications, including Reward e-mail notices not delivered, due to incorrect or changed email address or other contact information.
Points Balance for the Program can be found by signing in to your account at https://wonderweststyle.com/account/login. You may also check your Points Balance for your Account by calling Wonderweststyle.com at 1-888-286-7691.
Boot Barn, Inc. reserves the right to modify the structure, terms, conditions and any other aspects of the Program without prior notice or indemnity. The most current terms and conditions of the program can be found at (Insert Link) or you may call Wonderweststyle.com at 1-888-286-7691. Boot Barn, Inc. reserves the right, at its sole discretion, to adjust account status due to computer error, machine malfunction, employee, customer or other error, fraud or other misuse of the program.
By enrolling in the Program, you are agreeing to allow us to collect and retain transactional information as it relates to this program. You authorize us to use such information to send marketing communications to you as a member. You may choose to opt out of marketing communications unrelated to the Program with no penalty to your membership status. Please refer to https://wonderweststyle.com/pages/privacy-policy or call 1-888-286-7691 for our most current Privacy Policy.
6. POINTS DISPUTES If Points you believe were earned have not timely posted to your Points balance, you may dispute your Points balance (“Points Dispute”) by contacting Customer Service at help@wonderweststyle.com or calling 1-888-286-7691. We will use reasonable efforts to investigate your Points Dispute. We may require you to provide written confirmation of the dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation or a valid receipt. Point Disputes may take up to 10 business days to verify. Upon completion of the investigation, we will have no further responsibilities if you later reassert the same Points Dispute. Your sole and exclusive remedy, and our maximum liability to you, in the event you prevail in a Points Dispute, is for us to credit the disputed Points to your Points balance.
7. LIMITED LIABILITY Unless otherwise required by law or our agreements with you, Boot Barn, Inc., nor any of our affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or suspension of the Program; (b) any claim relating to products purchased using any Rewards obtained through the Program; (c) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; or (d) any taxes that you incur as a result of receiving or redeeming Points. Notwithstanding the foregoing, any liability that we or they may have to you in connection with the Program shall be limited to the amount of any Points you have earned in accordance with these Terms.
8. CHANGES Subject to any requirements or limitations of applicable law, we may at any time for any reason add to, change, limit, or terminate the Program or these Terms. To the extent allowed by applicable law, (a) changes may apply retroactively, and may affect outstanding transactions and Points, and may result in you involuntarily forfeiting Points you have earned, and (b) changes will not affect issued or redeemed Rewards except to the extent allowed by applicable law.
9. TAXES You are solely liable for any applicable taxes arising out of the accrual or use of Points or Rewards. Consult your tax advisor concerning such tax consequences.
10. CANCELLING PROGRAM PARTICIPATION You may cancel your participation in the Program at any time by contacting Customer Service at help@wonderweststyle.com or calling us at 1-888-286-7691. If you cancel your participation in the Program, you will no longer earn Points and you will forfeit your unused and unexpired Points. Your cancellation will not affect any previously issued Rewards unless you also close your Account.
11. GOVERNING LAW; ASSIGNMENT The Program and these Terms are governed by federal law and, to the extent state law applies, the laws of the State of Utah, without any reference to its choice of law provisions. You may not assign your rights or obligations under these Terms to any other person or entity. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS arising from or relating to these Terms ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
“Claim,” as used in these Terms means any claim, dispute or controversy that in any way arises from or relates to these Terms.
12. AGREEMENT TO ARBITRATE Any party may elect to arbitrate any claim arising from or relating to these Terms (including disputes about the validity, scope or enforceability of this agreement to arbitration), in which case such claim shall be settled by binding arbitration on an individual basis and not as part of any class or representative action. Arbitration may be elected by any party with respect to any such Claim, even if that party has already initiated a lawsuit with respect to a different Claim. We will not demand to arbitrate an individual Claim that you bring against us in small claims court or your state’s equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to demand arbitration.
The arbitration will be conducted by the American Arbitration Association ("AAA"), JAMS, or any other company selected by mutual agreement of the parties (the “Administrator”), in accordance with the rules of the Administrator. Payment of all filing, administration and arbitrator fees will be governed by the Administrator’s rules. If, however, you are able to demonstrate that the costs of arbitration will be cost-prohibitive for you as compared to the costs of litigation, we will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. The arbitrator will not have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator’s decision must be with written explanation and remain confidential. For purposes of this Section 14, these Terms are governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Opt-Out Procedures: You may choose to opt-out of this Agreement to Arbitrate by sending a written notice within 30 days after the date you accept these Terms for the first time. You may send your opt-out notice by mail or hand delivery to 15345 Barranca Parkway, Irvine, CA 92618 ATTN: Legal. Your opt-out notice must include your full name and clearly indicate your intent to opt-out of the arbitration provisions.
Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advanced written notice of its intent to file for arbitration. We will provide such notice by mail or e-mail using the contact information on file with us and you must provide such notice by mail to us at 15345 Barranca Parkway, Irvine, CA 92618 ATTN: Legal.
13. ENTIRE AGREEMENT; SEVERABILITY; CONFLICTS; NO WAIVER These Terms contain the entire agreement between you and us regarding the Program, and supersede any previous terms and conditions governing the Program we may have provided to you. The Program is not available where and to the extent prohibited by law. If any part of these Terms conflict with applicable law, that provision will be deemed severed from these Terms and the remainder of the Terms will remain in effect. We will not lose our rights under these Terms because we delay or do not enforce them. All waivers of any of these Terms by us must be in a writing executed by someone with authority to bind us.
Please read these Terms carefully for important information about your rights and obligations in the BANDITS CLUB Loyalty Program (“Program”). By participating in the program, you agree to these Terms.
In these Terms, “you” and “your” mean the BANDITS CLUB Accountholder. “We,” “our,” and “us” mean Wonderweststyle.com, a business of Boot Barn, Inc.
The Program is provided by Wonderweststyle.com, a business of Boot Barn, Inc. Wonderweststyle.com is solely responsible for Program operation and may withdraw the Program or change the terms of the Program at any time. The purpose of the Program is to thank our customers for their patronage and reward customers for certain purchases made at Wonderweststyle.com.
FOR THE MOST UP-TO-DATE TERMS, PLEASE VISIT (INSERT LINK) or you may call Wonderweststyle.com Customer Service at 1-888-286-7691.
1. GENERAL INFORMATION; DEFINITIONS The Program allows you to earn points (“Points”) on the dollars you spend as described in Section 3 below. Accumulated Points are held in your BANDITS CLUB Account until the required threshold is met. You will automatically receive the Rewards (“Reward”) when the threshold is met to use at Wonderweststyle.com as described in Section 4 below. Wonderweststyle.com respects your privacy and we do not sell your personal information. All information collected about you in connection with the Program is subject to our privacy policy, which can be obtained at https://wonderweststyle.com/pages/privacy-policy
2. PROGRAM MEMBERSHIP AND ENROLLMENT The Program is open to individuals who are at least 18 years of age and residents of the United States. Boot Barn, Inc. Employees, commercial customers, and others purchasing items for resale are not eligible for membership in the Program. Employees and members of their immediate households are subject to Boot Barn, Inc.’s employee purchase policies. Employees are not eligible to participate in the Program while employed at Boot Barn, Inc. A Program member that becomes an employee of Boot Barn, Inc. will have their BANDITS CLUB account suspended for the duration of their employment, which would preclude the issuance of future points and Rewards. If their employment status changes, the BANDITS CLUB account may then be re-activated and able to earn points and Rewards again. Any previously earned points will continue towards expiration based on the original purchase date and any earned Rewards continue towards expiration and are unable to be used while employed at Boot Barn, Inc. Customers may enroll online at Wonderweststyle.com. No purchase is necessary to enroll in the Program. To enroll in the Program, you must provide a valid email address, physical mailing address, telephone number, and first and last name. Your permission to receive communications related to the Program is also required. See Member Privacy policy above. You may cancel your participation in the Program in accordance with Section 10. Wonderweststyle.com, at its sole discretion, may terminate your participation without notice if continued participation would violate any terms of the Program. We reserve the right to approve, deny or revoke participation in the Program to any individual at any time for any reason whatsoever. If your participation in the Program is cancelled or terminated, whether by you or us, your BANDITS CLUB Account will be closed, any Reward balance will be forfeited, and Program benefits will end.
3. EARNING POINTS The Program is limited to earning Points for Net Eligible Purchases. Net Eligible Purchases are purchases of goods and services for personal, family and household purposes minus any returns, refunds or credit adjustments, rounded to the nearest dollar after all discounts or coupons have been applied. Members must make sure they are signed in to their BANDITS CLUB account before completing checkout.
Points are not earned on, and the term “Net Eligible Purchases” does not include: returns, refunds, credit adjustments, unauthorized or fraudulent charges, charges that violate the terms of your Credit Card Agreement, purchases made by or for a business or for a business purpose, balance transfers, interest, or fees. Points are not earned on purchases made using a Reward. Points will not be awarded for sales tax, shipping charges, fees or other excluded charges, or on the purchase of Wonderweststyle.com gift cards. Points earned on items that are later returned will be deducted from your BANDITS CLUB Account and any corresponding Reward may be invalidated, visit your BANDITS CLUB Account for balance information. Reward points are earned on purchases made only by the BANDITS CLUB Accountholder. Purchases made by anyone other than the actual BANDITS CLUB Accountholder will not be added to the BANDITS CLUB Account. Points from purchases made by individuals living at the same household address may be applied to one BANDITS CLUB Account if all individuals are listed on the BANDITS CLUB Account. BANDITS CLUB Accounts cannot be created using fictitious information or using personal information belonging to individuals other than the applicant. Points have no cash value and are non-transferable or exchangeable unless specifically authorized by Wonderweststyle.com. We have the right to deduct Points from your Points balance for charges that were not or do not remain as Net Eligible Purchases. If your Points balance goes negative, you must first earn Points to bring your Points balance to zero before earning any Points eligible for redemption. Points you earn may not be combined with Points earned on any other BANDITS CLUB Account. Points earned have no cash value and may not be used as payment.
(a) Points for Net Eligible Purchases. BANDITS CLUB Members will earn: One (1) Point for each $1.00 of Net Eligible Purchases.
(b) Points for Special Offers From time to time, we may make special offers for you to earn additional Points for Net Eligible Purchases. These additional points are called “Bonus Points.” The way to earn Bonus Points, and the Bonus Points that can be earned, may vary. Read each offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus Point limits, or exclusions. You may have to register to qualify for the offer. We may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Points already earned. For mail order, special order, online, and other purchases, please be aware that we may not charge you until items purchased have shipped. During special offer periods, making a return in the same transaction as your purchase may result in earning fewer Points because Points are calculated off of your Net Eligible Purchase (in this case, your purchase minus return).
(c) Posting of Points Earned; Expiration; Forfeiture Posting of Points earned for the Program are typically updated to the BANDITS CLUB Account within 24-48 hours of the purchase. At any time, we may verify and adjust your Points balance based on our records and based on certain purchases not constituting, or no longer constituting, Net Eligible Purchases. Points will remain available in your Points balance until they are redeemed for a Reward as describe in Section 4, are forfeited, or expire.
Points in the Program do not expire as long as you have at least 1 transaction within the previous 12 months. If after 12 months and you have no activity on your BANDITS CLUB Account, the Points balance will expire in its entirety.
Except as otherwise provided by applicable law, you will forfeit all unused Points if you file for bankruptcy, or your participation in the Program is terminated or your BANDITS CLUB Account is closed for any reason. You will also forfeit Points as described below and in Section 10. You will not receive any compensation or new Points for your Points that expire or are forfeited.
Points may not be sold, purchased, brokered, bartered, transferred or altered in any way by you. Any attempted transaction of such sort will automatically be void. Anyone engaging in such transactions will be liable for damages to us, including, but not limited to consequential damages, third party damages, transaction costs, attorney’s fees and court costs. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused Points.
4. REWARDS When you earn enough Points (a “Reward Level”), you will be eligible for a Reward. The current Reward Level is 250 Points (250 Points = $10 Reward). There is a weekly maximum of $150 in Rewards. Any points not converted into Rewards in one week will remain in your account and, if over 250 points, will be converted to additional Rewards the following week. Once 250 points have been earned, you will be notified via email within 14 days that you have a Reward. Reward Levels are subject to change without notice. Rewards have no cash value and are non-transferable or exchangeable unless specifically authorized by Wonderweststyle.com. Rewards may not be used for purchase of gift cards.
You are responsible for notifying Wonderweststyle.com of any change in address, email address, or home phone number. Boot Barn Inc. is not responsible for Rewards that are lost, delayed, or misdirected.
Rewards expire within 60 days from the date of the email notice.
There is no limit to the amount of Rewards that may be used per purchase. You may not combine a Reward with any other discount or certificate, except as otherwise provided in the offer. Any unused Rewards will remain available until used or expired. For online purchases, you must use your entire balance of Rewards in one transaction. If merchandise purchased with Rewards is returned, the value of the Reward will be re-applied back to the BANDITS CLUB Account within 48 hours of processing the return. Rewards are issued for reward purposes only. Rewards have no cash value and may not be applied to taxes or shipping charges. Rewards will not be honored retroactively in connection with any prior purchases. Rewards may not be used as payment. Any additional exclusions or limitations for use of Rewards will be provided to you on the Reward email notification.
To the extent allowed by applicable law, we may cancel any earned or outstanding Rewards if we become insolvent, unable to pay our debts when due, file an action under the U.S. Bankruptcy Code or have such an action filed against us.
5. COMMUNICATIONS, PROGRAM ACTIVITY AND CUSTOMER SERVICE We may contact you about the Program by mail, phone, e-mail or other methods permitted under applicable law. As needed, you agree to promptly update your contact information at https://wonderweststyle.com/account/login or by calling 1-888-286-7691. Neither we, nor our service providers, are responsible for communications, including Reward e-mail notices not delivered, due to incorrect or changed email address or other contact information.
Points Balance for the Program can be found by signing in to your account at https://wonderweststyle.com/account/login. You may also check your Points Balance for your Account by calling Wonderweststyle.com at 1-888-286-7691.
Boot Barn, Inc. reserves the right to modify the structure, terms, conditions and any other aspects of the Program without prior notice or indemnity. The most current terms and conditions of the program can be found at (Insert Link) or you may call Wonderweststyle.com at 1-888-286-7691. Boot Barn, Inc. reserves the right, at its sole discretion, to adjust account status due to computer error, machine malfunction, employee, customer or other error, fraud or other misuse of the program.
By enrolling in the Program, you are agreeing to allow us to collect and retain transactional information as it relates to this program. You authorize us to use such information to send marketing communications to you as a member. You may choose to opt out of marketing communications unrelated to the Program with no penalty to your membership status. Please refer to https://wonderweststyle.com/pages/privacy-policy or call 1-888-286-7691 for our most current Privacy Policy.
6. POINTS DISPUTES If Points you believe were earned have not timely posted to your Points balance, you may dispute your Points balance (“Points Dispute”) by contacting Customer Service at help@wonderweststyle.com or calling 1-888-286-7691. We will use reasonable efforts to investigate your Points Dispute. We may require you to provide written confirmation of the dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation or a valid receipt. Point Disputes may take up to 10 business days to verify. Upon completion of the investigation, we will have no further responsibilities if you later reassert the same Points Dispute. Your sole and exclusive remedy, and our maximum liability to you, in the event you prevail in a Points Dispute, is for us to credit the disputed Points to your Points balance.
7. LIMITED LIABILITY Unless otherwise required by law or our agreements with you, Boot Barn, Inc., nor any of our affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or suspension of the Program; (b) any claim relating to products purchased using any Rewards obtained through the Program; (c) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; or (d) any taxes that you incur as a result of receiving or redeeming Points. Notwithstanding the foregoing, any liability that we or they may have to you in connection with the Program shall be limited to the amount of any Points you have earned in accordance with these Terms.
8. CHANGES Subject to any requirements or limitations of applicable law, we may at any time for any reason add to, change, limit, or terminate the Program or these Terms. To the extent allowed by applicable law, (a) changes may apply retroactively, and may affect outstanding transactions and Points, and may result in you involuntarily forfeiting Points you have earned, and (b) changes will not affect issued or redeemed Rewards except to the extent allowed by applicable law.
9. TAXES You are solely liable for any applicable taxes arising out of the accrual or use of Points or Rewards. Consult your tax advisor concerning such tax consequences.
10. CANCELLING PROGRAM PARTICIPATION You may cancel your participation in the Program at any time by contacting Customer Service at help@wonderweststyle.com or calling us at 1-888-286-7691. If you cancel your participation in the Program, you will no longer earn Points and you will forfeit your unused and unexpired Points. Your cancellation will not affect any previously issued Rewards unless you also close your Account.
11. GOVERNING LAW; ASSIGNMENT The Program and these Terms are governed by federal law and, to the extent state law applies, the laws of the State of Utah, without any reference to its choice of law provisions. You may not assign your rights or obligations under these Terms to any other person or entity. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS arising from or relating to these Terms ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
“Claim,” as used in these Terms means any claim, dispute or controversy that in any way arises from or relates to these Terms.
12. AGREEMENT TO ARBITRATE Any party may elect to arbitrate any claim arising from or relating to these Terms (including disputes about the validity, scope or enforceability of this agreement to arbitration), in which case such claim shall be settled by binding arbitration on an individual basis and not as part of any class or representative action. Arbitration may be elected by any party with respect to any such Claim, even if that party has already initiated a lawsuit with respect to a different Claim. We will not demand to arbitrate an individual Claim that you bring against us in small claims court or your state’s equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to demand arbitration.
The arbitration will be conducted by the American Arbitration Association ("AAA"), JAMS, or any other company selected by mutual agreement of the parties (the “Administrator”), in accordance with the rules of the Administrator. Payment of all filing, administration and arbitrator fees will be governed by the Administrator’s rules. If, however, you are able to demonstrate that the costs of arbitration will be cost-prohibitive for you as compared to the costs of litigation, we will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. The arbitrator will not have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator’s decision must be with written explanation and remain confidential. For purposes of this Section 14, these Terms are governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Opt-Out Procedures: You may choose to opt-out of this Agreement to Arbitrate by sending a written notice within 30 days after the date you accept these Terms for the first time. You may send your opt-out notice by mail or hand delivery to 15345 Barranca Parkway, Irvine, CA 92618 ATTN: Legal. Your opt-out notice must include your full name and clearly indicate your intent to opt-out of the arbitration provisions.
Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advanced written notice of its intent to file for arbitration. We will provide such notice by mail or e-mail using the contact information on file with us and you must provide such notice by mail to us at 15345 Barranca Parkway, Irvine, CA 92618 ATTN: Legal.
13. ENTIRE AGREEMENT; SEVERABILITY; CONFLICTS; NO WAIVER These Terms contain the entire agreement between you and us regarding the Program, and supersede any previous terms and conditions governing the Program we may have provided to you. The Program is not available where and to the extent prohibited by law. If any part of these Terms conflict with applicable law, that provision will be deemed severed from these Terms and the remainder of the Terms will remain in effect. We will not lose our rights under these Terms because we delay or do not enforce them. All waivers of any of these Terms by us must be in a writing executed by someone with authority to bind us.