TEKTON REWARDS PROGRAM
Effective Date: March 6, 2019
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION IN THE TEKTON REWARDS PROGRAM.
By creating a customer account at tekton.com (“User”), you accept and agree to be legally bound by this Agreement and any Additional Rewards Terms (defined below). In some instances, both this Agreement and separate guidelines, rules (e.g., instructions on how to earn Rewards), or terms of service, setting forth additional or different terms and/or conditions will apply to your use of the Program (in each such instance, and collectively, “Additional Rewards Terms”). For example, in addition to this Agreement, any contest, sweepstakes or other promotion we may offer as part of the Program or to Users, is and will also be subject to separate official rules (“Official Rules”) which will be posted in the Program during the applicable promotion period and which will govern Users’ participation, and our execution, of each such promotion. To the extent there is a conflict between this Agreement and any Additional Rewards Terms, the Additional Rewards Terms will control unless the Additional Rewards Terms expressly state otherwise.
It is important that you review this Agreement regularly. We reserve the right to modify, restrict, or otherwise alter the Agreement (“Updated Rewards Agreement”), impose limits on certain features, promotions, or services or to restrict, suspend, or terminate your access to all or any part of the Site and/or Program at any time, for any or no reason, with or without prior notice, and without liability. You agree that we may notify you of the Updated Rewards Agreement by posting it on the Site so that it is accessible via a link on the Site, and that your use of the Site after we post the Updated Rewards Agreement (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Rewards Agreement. The Updated Rewards Agreement will be effective as of the time that we post it on the Site, or such later date as may be specified in it.
To participate in the Program, you must be (i) a legal resident of one (1) of the fifty (50) United States or the District of Columbia; (ii) at least eighteen (18) years of age; and (iii) a tekton.com customer in good standing. To be a customer in “Good Standing” means you have purchased a product from the Site within the last twenty-four (24) months. Once enrolled, you must remain a customer in Good Standing to continue to be eligible to participate in the Program.
To participate in the Program and begin earning Rewards, you must first become a registered “User” of the Site, by creating an account in the Account section of the Site (referred to herein as “Online Account”). Once you are a User, you will automatically be enrolled in the Program. There is no cost to enroll. Participation in the Program constitutes each User’s full and unconditional agreement to this Agreement as well as Tekton’s decisions, which are final and binding in all matters related to the Program. Tekton reserves the right to interpret and apply the policies and procedures communicated in the Agreement. All determinations by Tekton, including determinations of eligibility, and proper authorization of Rewards and Rewards redemption, will be final and conclusive in each case.
In connection with your Online Account, you agree that: (i) you will provide true, accurate, current, and complete information about yourself in connection with the sign-up process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (ii) you are solely responsible for maintaining the confidentiality of your Online Account password and for restricting access so that others may not access any password-protected portion of the Site using your login information, and you will be solely responsible for any fraudulent use that may occur due to the theft of or sharing of your login information; (iii) you will immediately notify us of any unauthorized use of your Online Account, password, or username, or any other breach of security by calling us at the following phone number: 616-214-8888; and (iv) you will not sell, transfer, or assign your Online Account or Rewards. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds, in our sole judgment, to suspect that any information that you provide, is false, inaccurate, incomplete, or violates this Agreement or the Terms applicable to the Site, or any applicable law, then we may suspend or terminate your participation in the Program. We also reserve the more general and broad right to terminate your Online Account or suspend or otherwise deny you access to your Online Account or its benefits–all in our sole discretion, for any reason, and without advance notice or liability. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Your account is solely for your personal use, and you shall not authorize others to use your account.
ANY ATTEMPT BY ANY USER OR ANY OTHER INDIVIDUAL OR ENTITY TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF THIS AGREEMENT. TEKTON RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
The Program offers Users the ability to accumulate and redeem reward points (“Rewards”) by purchasing products on the Site. Users typically receive ten percent (10%) back in Rewards on every purchase made with the User’s Online Account up to a maximum balance of five thousand (5,000) Rewards. Tekton may run promotions that increase or decrease the rate at which Rewards are earned. The total purchase price for the purpose of calculating Rewards is after all discounts have been applied and does not include the amount paid for tax and shipping. Rewards are credited to the User’s Online Account after the order is billed by Tekton. If a purchased item is later returned in accordance with Tekton’s Return Policy, then the Rewards earned by purchasing that item will be debited from the User’s Online Account. If the Rewards balance in a User’s Online Account is not sufficient to cover the amount earned from the purchase of the returned item, the amount refunded for the User’s return will be reduced to account for the value of the Rewards earned on the original purchase. Rewards are earned and accumulated on an individual basis and solely for a User’s own Online Account. The Program is structured to offer certain benefits based on the User’s current balance of “redeemable” Rewards (i.e., those that have not previously been redeemed or that are not associated with a pending transaction).
Tekton reserves the right to change, add, or remove the methods by which Users can earn Rewards. From time to time, we may establish, at our sole discretion, additional activities pursuant to which Users may “earn” extra Rewards (“Qualifying Activities”). Examples of “Qualifying Activities” include, but are not limited to, sharing Site content, visiting or watching a video, entering a sweepstakes or contest, or engaging in certain specified activities related to social networks. Qualifying Activities may be added, discontinued, or be made available again, at any time, and from time to time. Purchases made, or actions (even if they are considered Qualifying Activities) taken, prior to Program sign-up are not eligible to earn Rewards. Tekton may add Rewards to User Online Accounts at our discretion.
Rewards may expire (and become non-redeemable) upon discontinuation of the Program. In such event, notice of termination and expiration of Rewards will be posted on the Site. All Rewards will expire if a User does not place an order with the User’s Online Account for a period of twenty-four (24) consecutive months. Please note that we reserve the right to institute additional expiration dates for Rewards. Any Rewards remaining in a User’s account after the Program End Date will be forfeited.
Rewards can be tracked in your Online Account. Rewards are always subject to verification and eligibility determined by us, in our sole and absolute discretion. We may limit or restrict your ability to participate in the Program, in our sole discretion, and may void your Rewards if you do not comply with the Agreement or any applicable Additional Rewards Terms. Tekton reserves the right to invalidate Rewards from an Online Account if it determines that such Rewards were improperly credited to such account or obtained fraudulently. You must not use any “bot,” simulator, macro, cheat code, or other automated means of participating in the Program or to earn Rewards. You may not register or use more than one account for any reason such as to avoid restrictions or other limitations on activities, Rewards, or the Program. Rewards subsequently determined, in the sole discretion of Tekton, to be invalid, will be removed from a User’s account.
Each User is responsible for ensuring the accuracy of his/her Program Rewards totals. If you believe that your Online Account is not accurate, or that Rewards earned were not credited, please contact us promptly, and we will work with you to address the issue.
Any Rewards a User earns through the Program are considered a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right solely for use on the Site. Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your Rewards, which remain Tekton property at all times. Rewards are not your personal property and do not entitle a User to a vested right or interest. Rewards are only valid for redemption within the Program, have no “real world” value, and are not redeemable for cash, transferable, or assignable for any reason or otherwise by operation of law. You may not purchase, sell, barter, or trade any Rewards, or offer to purchase, sell, or trade any Rewards or other virtual products. Any attempt to combine or transfer Rewards will result in disqualification from the Program and forfeiture of all Rewards in the Users’ accounts. Tekton reserves the right to take any other or additional action it deems appropriate.
How to Redeem Reward Points:
A. Rewards Generally. Once earned, Rewards will be deposited into your Online Account and can be used to acquire any product listed on the website. Rewards may be combined with accepted forms of monetary payment. Tekton may modify the rate at which Rewards are earned. Tekton may offer additional benefits to Users. All redemptions are subject to this Agreement and all limitations or requirements on the Site.
B. Redemption of Rewards. The total Rewards a User can redeem cannot exceed the total balance in the User’s Online Account at the time of redemption. Once a User has placed an order, the Rewards will be deducted immediately from User’s Online Account.
C. Provide Accurate Information. You may be required to provide your real name, phone number, mailing address, e-mail address, social security number for tax purposes, and other information. Each User is responsible for ensuring the accuracy of the User’s Online Account. Each User is responsible for ensuring the mailing address associated with the User’s Online Account is accurate and up to date. Tekton is not responsible for non-receipt of an order shipped to the mailing address associated with a User’s account. Changes to Online Accounts or account information may only be made by the User to whom the Online Account belongs.
D. TEKTON® Products With Limited Availability. If you redeem your Rewards for an item and we determine that it is unavailable, out of stock, or for whatever reason cannot be provided to you, we will “refund” the Rewards that you used.
E. Forfeiture of Rewards. Any Rewards remaining in a User’s Online Account after the Program End Date or after termination of User’s status as a Tekton customer in Good Standing will be forfeited without compensation. The Rewards have no cash value and are only redeemable for items available for sale on the Site. Users are not entitled to compensation from Tekton or any other entity when Rewards expire or are forfeited for any reason.
F. Taxes. Users agree to sign an affidavit, release of liability, publicity release, or similar agreement if requested by Tekton. Users are responsible for all applicable federal, state and local taxes, including income tax liability, associated with any item acquired through their participation in the Program. The stated approximate retail value of any item is based on the available information provided to us and the value of any item awarded to a User may be reported for tax purposes as required by law. Any User obtaining items with a combined total value equal to $600 or more in any single calendar year may be required to provide his/her Social Security Number to Tekton within the timeframe specified for tax reporting purposes prior to the shipment of the item(s). Tekton reserves the right to issue an IRS Form 1099 to Users obtaining any items with a combined total value equal to $600 or more in any single calendar year.
Program End Date & Termination
The “Program Period” will begin on or about October 18, 2017, and will terminate on a date selected by Tekton, in its sole and absolute discretion, which date shall be posted on the Site or sent to you via email (the “Program End Date”). Tekton reserves the right to cancel, modify, restrict, suspend, or terminate this Program or any aspect or feature of the Program, including Rewards, and/or extend or shorten the current Program Period at any time, in Tekton’s sole discretion, with or without notice to Users. Each User agrees that Tekton will not be liable to the User or any third party for any modification or discontinuance of the Program. After the Program End Date, Users will no longer be permitted to earn or redeem Rewards, all Rewards will expire and the Program will no longer be available, and no further liability will be owed by Tekton to any User.
This Agreement will remain in full force and effect while you use the Site and/or are a User. We may terminate your Online Account for any reason, at any time, including if you fail to remain a customer in Good Standing. In the event that you are terminated as a User, your Rewards shall be immediately voided and of no further effect, and you shall not be entitled to redeem them. Even after your participation is terminated, this Agreement will remain in effect. We reserve the right, at our sole discretion, to pursue all of our legal remedies, including, but not limited to, deletion of your Online Account from the Site and the immediate termination of, and termination of the Program to you, upon any breach by you of this Agreement.
If you wish to discontinue your participation in the Program, please contact us at firstname.lastname@example.org.
Tekton is not responsible for any incorrect or inaccurate content posted on the Site or in connection with the Site, whether caused by users of the Site, Users, or by any of the equipment or programming associated with or utilized in the Site. Tekton is not responsible for the conduct, whether online or offline, of any user of the Site or of the Program. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, User communications. Tekton is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site, or combination thereof, including injury or damage to users and/or User or to any other person’s computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the Program. Under no circumstances will Tekton be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Program, any content posted on the Site or transmitted to Users, or any interactions between users of the Site, whether online or offline. Your access to and use of the Site is at your sole risk. The Site and the Program are provided on an “AS-IS”, “AS AVAILABLE” and “WITH ALL FAULTS” basis and we expressly disclaim any warranty, express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement or misappropriation of intellectual property rights of third parties, title, custom, trade, system integration, and freedom from computer virus. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdiction’s laws are applicable.
Tekton cannot guarantee and does not promise any specific results from use of the Site and/or the Program. The Site and Program may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by Users from us or through or from the service shall create any warranty not expressly stated herein.
Tekton does not warrant or represent that Users will earn any specific number of Rewards or that any specific items will be available for redemption.
Tekton may change methods by which Users can earn Rewards, the eligible items to be purchased, the number of Rewards associated with the purchase of items or other activities, the number of Rewards that may be redeemed through the Program, and any of the options made available to Users with respect to their Online Accounts, at any time, without notice, even though these changes may affect a User’s ability to accrue or his/her Rewards. Any attempt by any person to deliberately undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Tekton reserves the right to seek damages from any such person to the extent permitted by law. Tekton’s failure to enforce any term of this Agreement shall not constitute a waiver of that provision. Users are responsible for remaining knowledgeable as to any changes that Tekton may make to this Agreement. The most current version of this Agreement, which will indicate the date it was last updated, will be available at the Site and will supersede all previous versions of this Agreement.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will Tekton be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including also lost profits arising from your use of the Site or the Program, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will be limited to actual third-party, out of pocket costs incurred (if any) to participate in the Program, not to exceed Ten Dollars ($10.00) (USD), but in no event will attorneys’ fees be awarded or recoverable. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if we were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).
We are not responsible for: (1) any incorrect or inaccurate information, whether caused by Users, printing errors or by any of the equipment or programming associated with or utilized in the Program; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Program; (4) technical or human error which may occur in the administration of the Program or the processing of Rewards; (5) late, lost, undeliverable, damaged, or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Program or receipt or use or misuse of any item received. If Tekton improperly denies you any Rewards in connection with the Program, liability will be limited to the equivalent amount/value of the Rewards you could have earned under the activity as originally offered.
All issues and questions concerning the construction, validity, interpretation, and enforceability of this Agreement or the rights and obligations of Users in connection with the Program will be governed by and construed in accordance with the internal laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
Disputes / Arbitration
The parties each agree to finally settle all disputes only through arbitration; provided, however, Tekton shall be entitled to seek injunctive or equitable relief in the state and federal courts of Kent County, Michigan and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action, or proceeding arising out of or relating to the Program and interpretation of this Agreement shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Grand Rapids, MI. The federal or state law that applies to this Agreement will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Kent County, Michigan. Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event shall any User seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Program, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Program (or any website or any content or other materials used or displayed on the website used in connection with the Program). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.
Waiver of Injunctive or Other Equitable Relief.
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE OR THE PROGRAM, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE PROGRAM OR ANY WEBSITES, PRODUCTS, SERVICES, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY US OR A LICENSOR OF TEKTON.
In exchange for the right to participate in the Program, Users agree to indemnify, defend (at our option), and hold Tekton harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) your use of the Site and your activities in connection with the Site and the Program; (ii) your breach or anticipatory breach of this Agreement or any Additional Rewards Terms; (iii) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site and the Program; (iv) information or material transmitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; and (vi) our use of the information that you submit to us (all of the foregoing, “Claims and Losses”). Users agree to cooperate as fully required by Tekton in the defense of any Claims and Losses. Notwithstanding the foregoing, Tekton retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Tekton. Tekton is not responsible for technical, hardware, network connections, or incomplete or delayed computer transmissions, regardless of cause.
A. Severability. If any provision of this Agreement, or any Additional Rewards Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from this Agreement or the Additional Rewards Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this Agreement or the Additional Rewards Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
B. Investigations; Cooperation with Law Enforcement; Termination; Survival. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of the Site’s security or its information technology or other systems or networks, (ii) investigate any suspected breaches of this Agreement and any Additional Rewards Terms, (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of this Agreement and any Additional Rewards Terms, and (vi) discontinue the Site, in whole or in part, or, except as may be expressly set forth in any Additional Rewards Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to us under this Agreement or any Additional Rewards Terms. Upon suspension or termination of your access to the Site or Program, or upon notice from us, all rights granted to you under this Agreement or any Additional Rewards Terms will cease immediately, and you agree that you will immediately discontinue use of the Site. The provisions of this Agreement and any Additional Rewards Terms, which by their nature should survive your suspension or termination will survive, including the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and no class actions.
C. Assignment. We may assign the rights and obligations under this Agreement and any Additional Rewards Terms, in whole or in part, to any party at any time without any notice. This Agreement and any Additional Rewards Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Tekton.
D. No Waiver. Except as expressly set forth in this Agreement or any Additional Rewards Terms, (i) no failure or delay by you or us in exercising any of rights, powers, or remedies under this Agreement will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of this Agreement or any Additional Rewards Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
E. Entire Agreement. This Agreement (and any Additional Rewards Terms), accepted upon use of the Site and further affirmed by becoming a User of the Program, contains the entire agreement between you and us regarding the Program. The section titles in the Agreement are for convenience only and have no legal or contractual effect.