The purchase or use of a membership in the Program ("Membership") at anytime will subject the purchaser or member ("you," "your," "yours," "Member") to the provisions of this Agreement, as it may be amended from time to time.
The Program entitles its Members to the following benefits during the year of Membership:
- (a) periodic special promotions and pricing for Members; and
- (b) 5% credit back on all Eligible Purchases; and
- (c) Free 2 day Shipping to the Continental United States on orders greater than $99.
2. Credit Back
You will earn a 5% credit back on all Eligible Purchases. This credit may be used as a form of payment for future Eligible Purchases.
Eligible Purchases are all purchases except Memberships, products from certain categories such as direct from manufacturers, electronics, final sale items, team store price locked products, gift card purchases and purchase orders. Our determination as to which purchases are included within Eligible Purchases will be be final. Our credits are not transferable, have no cash value, and are not redeemable for cash.
Your credit back will be earned and deposited into your account after your order is shipped and it will be calculated based upon your purchase price less all discounts, applicable taxes and shipping fees. Your rewards total will be updated on the same day that you place an order.
Your credit back amount will not expire as long as you maintain your Membership. If you cancel or fail to renew your Membership, all previously earned credits will expire and become permanently non-redeemable. You will not be given credits for purchases made while your Membership is inactive or expired.
If you return an item/order, the Plus Member Rewards earned pursuant to our Program for that purchase will be deducted from your Rewards balance. If you lack sufficient Plus Member Rewards in your Rewards balance, the Plus Member Rewards earned on previous purchases will be deducted from your refund on a dollar-for-dollar basis. All rewards earned under our Program are only accessible and redeemable with an active Membership.
You may check your available credit balance at any time by navigating to your SwimOutlet.com account page and then viewing the Rewards Summary.
3. Conditions to the Program
- (a) For the Member discount and other benefits to apply, the Membership account must be active, the Member must be logged in to his or her SwimOutlet.com account, and the account must be available at the time of purchase. Members are expected to submit and maintain accurate and current information in connection with their Membership and Swimoutlet.com account. Such information may include name, address, email address and phone number. Members will NOT be reimbursed retroactively for purchases made without an active and available Membership at the time of purchase.
- (b) The Member discount is only valid on eligible purchases on Swimoutlet.com. The Member discount is not available for the purchase of gift cards.
- (c) The Member discount may not be used to purchase products that qualify for a quantity discount. Memberships are for individual use only and are non-transferable. The Program is not available to any company or corporate entity or enterprise. Each Member number may only be associated with one Swimoutlet.com account.
- (d) Employees of Spiraledge, Inc. are not eligible to participate in the Program.
4. Membership Fee and Terms
- (a) The annual Membership fee will be $4.99 or as otherwise stated in our Program offer. Membership fees are non-refundable. Membership fees may be subject to taxation in accordance with applicable law. We reserve the right to change the annual Membership fee at any time; however any such changes will apply only to new and renewal Membership terms.
- (b) The term of Membership is one (1) year and shall begin on the date of purchase of the Membership.
- (c) We will charge the credit or debit card (or other payment method such as Apple Pay or PayPal) you designate when you first sign up for the then-current annual Membership fee (plus applicable taxes) until the Membership is canceled. If your payment method is declined, you must provide us with a new card or payment method or your Membership will be canceled. If you provide us with a new card or payment method and are successfully charged, your Membership period will be based on the original sign-up date and not the date of the successful charge.
5. Automatic Renewal Membership
Your Membership shall automatically renew each year (an "Automatic Renewal Membership”). Automatic Renewal Membership fees will be billed annually and automatically to the credit or debit card you provided when you enrolled in the Program or the form of payment we currently have on file for you, in the amount of the then current Membership fee, approximately one day prior to your Membership expiration date. If we materially change any of the terms of the Automatic Renewal Membership, we will provide you with notice of any such changes. The Automatic Renewal Membership will continue until you cancel. You may cancel your Automatic Renewal Membership online at any time from your "My Account" page or by contacting us via email at email@example.com.
6. Marketing and Email Communications
Unless you expressly opt-out, by joining the Program you automatically subscribe to our email and other marketing communications. You may unsubscribe from our email and other marketing communications by clicking on the "Unsubscribe" link within the email. Unsubscribing from our communications will not discontinue your Membership. If you do not wish to receive future communications, you can request that they be discontinued by updating your settings in your "My Account" page or by contacting our Customer Support team. We note that Members who unsubscribe from our marketing and/or email communications may continue to receive non-marketing emails, postal mail and other transactional communications from us relating to the Program.
7. Cancellation and termination
- (a) You have the right to cancel your Membership at any time. If you cancel your Membership, you will not be entitled to a refund of your Membership fee. You may cancel your Membership by contacting us via email at firstname.lastname@example.org.
- (b) We may terminate your Membership at any time, including any associated accounts, without notice, for any reason in our sole discretion, including our belief that your continued use of such Membership would violate this Agreement, applicable law or otherwise be harmful to our interests. In the event of any such termination, you will not be entitled to a refund of your Membership fee.
- (c) All benefits offered under our Program are at our sole discretion. We reserve the right to limit, modify, alter, waive, or terminate the Program and/or any of the benefits offered under the Program at any time, prospectively or retroactively, with or without notice, even though such changes may affect the credits you have already earned.
9. Disclaimers and Limitation of Liability
USE OF THE PROGRAM AND ANY OF ITS BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPIRALEDGE, INC., SWIMOUTLET.COM AND ALL OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY "MEMBERSHIP PROVIDERS") EXPRESSLY DISCLAIM 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. MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM 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 THE PROGRAM WILL MEET YOUR EXPECTATIONS. THE MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY 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 THE MEMBERSHIP PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED UNDER THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM COLLECTIVE LIABILITY OF THE MEMBERSHIP PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, HOWEVER ARISING, SHALL BE EQUAL TO THE MEMBERSHIP FEES ACTUALLY PAID BY YOU TO THE MEMBERSHIP PROVIDERS IN THE PREVIOUS TWELVE (12) MONTHS. EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, THE LIMITATIONS SET FORTH HEREIN SHALL APPLY WITH RESPECT TO ANY THEORY OF LEGAL LIABILITY, INCLUDING BREACH OR REPUDIATION OF CONTRACT, TORT, CIVIL LIABILITY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK DAMAGES FROM THE MEMBERSHIP PROVIDERS AS SET FORTH HEREIN, AND THAT SUCH LIMITATION REFLECTS A REASONABLE ALLOCATION OF RISK.
10. Governing Law
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to conflict of law principles. All actions arising under this Agreement shall be heard in courts of appropriate jurisdiction located in Santa Clara County, California.
11. Binding Arbitration
Any controversy or claim arising out of or relating to this Agreement or the Program shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including 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. Class actions are not permitted under this Agreement and you are agreeing to give up the ability to participate in a class action. You agree that each of us are waiving the right to trial by jury. The arbitrator's decision will follow this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court of appropriate jurisdiction located in Santa Clara County, California. The foregoing shall not preclude us from seeking any injunctive relief in State or Federal courts for protection of our intellectual property rights. All arbitrations under this Agreement shall be held in Santa Clara County, California.
This Agreement, including all documents referenced herein, represents the entire understanding between us and any Member of the Program and supersedes any other agreements, statements or representations. Any Member of the Program is deemed to have accepted this Agreement.
13. Changes to this Agreement
We may change the terms of this Agreement at any time without notice or liability by posting a revised Agreement on the Program page located at Swimoutlet.com. Any change shall take effect immediately, unless we provide otherwise. To the fullest extent permitted by law, if you continue to use your Membership after we change this Agreement, or if you do not cancel your Membership as described above, you will be indicating your acceptance of such changes.
The date of this Agreement is March 23, 2021.