1. Welcome to XPLR Pass.
In the Program, Members earn Points for buying The North Face merchandise on-line at www.thenorthface.com (for the United States) and www.thenorthface.ca (for Canada) (collectively, “Website”) , at The North Face full-price retail stores and at The North Face Outlet stores (collectively, “The North Face Stores”), as well as for taking part in certain other activities.
There is no membership or other fee to join the Program.
2. Who Can Join?
The Program is available to legal residents of the United States and Canada who are 18 years (or age of majority in their state/province of residence, whichever is greater) or older. Before joining and/or participating in the Program, you are strongly advised to carefully review these Terms.
3. How To Join.
You may register for the XPLR Pass Program at the Website or at The North Face Stores.
At the Website:
1. Create an account† with your first and last name, e-mail address**, zip code (or postal code) and a password. (If you like, you may provide your date of birth and telephone number as well, but neither is required.)
2. Check the box that you have read and agree to these XPLR Pass Terms.
At a The North Face Store:
1. Provide any store associate with your name, e-mail address and zip or postal code. A purchase is not required to join.
2. You will receive a welcome e-mail; that will prompt you to create an online XPLR Pass account (Membership takes effect immediately upon provision of your name, e-mail address and zip or postal code to store associate provided that you create an online XPLR Pass account within 1 day thereafter.)
†Your online XPLR Pass account will show your Activity History, XPLR Pass Points earned, available Benefits and Rewards (see below). It is your sole responsibility to assure that your account information is current and otherwise accurate, updating such information, as necessary. It is also your sole responsibility to immediately inform us of any suspected unauthorized activity in your account. Follow the prompts on the website or call The North Face Customer Service toll-free at 888-TNF-1968 (888-863-1968) [United States] or 877-992-0111 [Canada]. The North Face U.S. Customer Service is available Monday – Friday, from 10:00 a.m. – 8:00 p.m. Eastern Time; The North Face Canada Customer Service is available Monday – Friday, from 8:30 a.m. – 5:00 p.m. Eastern Time. (You may also report suspected unauthorized activity by using the Members-only Customer Service telephone number accessible in your member dashboard, in your online XPLR Pass account.)
**Any dispute as to ownership of account will be resolved by The North Face based on its determination of the authorized account holder of this e-mail address.
Beginning April 15, 2021, if you complete a merchandise purchase at the Website or at The North Face Stores in the U.S. or Canada and are not a Member of the XLPR Pass Program, you will receive XLPR Pass Points for that purchase (as per Paragraph 5 below) by joining the XPLR Pass Program within the next seven (7) days. To join, call The North Face Customer Service and provide all required information, as set forth above.
4. Earning XPLR Pass Points: Point Earning Windows
XPLR Pass Points are earned over the course of three (3) “Point-Earning Windows” as follows:
POINT EARNING WINDOW
ESTIMATED REWARD ISSUANCE TIMING
5. Earning XPLR Pass Points Via Purchase
Beginning on February 16, 2021 at 12:01 a.m. Eastern Time, for each dollar spent on merchandise purchases at the Website or at The North Face Stores in the U.S. or Canada, you will receive one (1) XPLR Pass Point.
Purchases of gift cards will NOT result in the receipt of XPLR Pass Points. Go to Paragraph 14 below for more information regarding XPLR Pass Points.
Please allow 1-10 days for XPLR Pass Points to appear in your online XPLR Pass account. To expedite the time between purchase and XPLR Pass Points being reflected in your account, when shopping online, sign in to your online XPLR Pass account before completing your purchase.
If you complete a purchase online without signing into your XPLR Pass account, The North Face will use the e-mail your provide at check-out to match to your XPLR Pass account and award you XPLR Pass Points for that purchase.
In calculating XPLR Pass Points earned, only the purchase price of merchandise will be used. Taxes, shipping charges and other fees will not be counted.
If merchandise is later returned for a refund (full or partial), any XPLR Pass Points previously earned will be forfeited and the Member’s online XPLR Pass account adjusted accordingly. Please allow 1-10 days for this adjustment to be reflected in your online XPLR Pass account.
If merchandise is later exchanged for another piece of merchandise, any XPLR Pass Points previously earned will be adjusted to reflect the XPLR Pass Points that would have been earned if the merchandise received via exchange was originally purchased and the Member’s account adjusted accordingly. Please allow 1-10 days for this adjustment to be reflected in your online XPLR Pass account.
No XPLR Pass Points will be earned on the purchase of The North Face-branded items sold at wholesalers or at third party retailers.
6. Earning Points Via Activity.
Certain activities other than merchandise purchases will result in earning XPLR Pass Points:
NUMBER OF XPLR PASS POINTS EARNED
Refer a Friend
Personal referral link must be used; available four times per year
Download The North Face iOS mobile app
Available once per person (even if app is deleted and re-installed); U.S. only.
Bring a re-usable bag when shopping at The North Face store locations
Available twice per year
Check in at a National Park or National Monument with iOs mobile app
Available twice per month; U.S. only.
Participation in Member Survey regarding Member’s Experiences in Program
Up to 25^
Available periodically at The North Face’s sole discretion to invited members; Member must provide honest opinions in responding to survey questions and complete survey
Participation in Product Survey
Up to 25^
Available periodically at The North Face’s sole discretion to invited members; Member must provide honest opinions in responding to survey questions and complete survey; participation in survey does NOT obligate Member to purchase product
Check in at The North Face store locations with iOS mobile app
Available once per month; U.S. only.
ΩRestrictions are provided for illustrative purposes only. The North Face reserves the right to condition award of XPLR Pass Points upon Member engaging in activity subject to additional terms and conditions (to be provided in advertising/announcing such activity). By way of example only, for “Refer A Friend,” such restrictions include persons who count as a “friend.”
^Maximum number of XPLR Pass Points available varies with each Member Survey/Product Survey but will be no less than five (5) XPLR Pass Points; see terms and conditions of each Member Survey/Product Survey for specific maximum number of XPLR Pass Points available by completing same.
A maximum of one-hundred (100) XPLR Pass Points may be earned by a given Member per year via activities other than merchandise purchase. (Should award of XPLR Pass Points for engaging in any activity other than merchandise purchase result in such Member exceeding the maximum of one-hundred (100) XPLR Pass Points in a given year, the number of XPLR Pass Points available to such Member for completing the corresponding activity will be reduced so that he/she/they receives only the number of XPLR Pass Points so as to attain a total of one-hundred (100) XPLR Pass Points by engaging in activities other than merchandise purchases. Member waives any and all right to such difference in XPLR Pass Points, with The North Face disclaiming any and all liability in conjunction therewith under any legal theory.)
XPLR Pass Points earned via activities other than merchandise purchase are valid for one (1) year from date of issuance.
Rewards are redeemable for the purchase of merchandise from Website or The North Face Stores. Each one hundred (100) XPLR Pass Points earned during a given Points Earning Window will result in a value of ten dollars ($10) being added to the Reward, up to a maximum of fifty dollars ($50) per Points Earning Window and one-hundred and fifty dollars ($150) per year.
Should a Member earn more than five hundred (500) XPLR Pass Points in a given Points Earning Window, such remainder XPLR Pass Points will be automatically carried forward to the immediately following Points Earning Window.
Rewards will be in the corresponding currency of Member. For Canadian residents, the Reward will be in Canadian Dollars. For United States residents, the Reward will be in U.S. Dollars.
Rewards are NOT gift cards.
Each increment of one hundred (100) XPLR Pass Points earned in a given Points Earning Window will be automatically converted into a Reward; no action on the part of Member is required to convert XPLR Pass Points into Rewards.
Upon conversion into a Reward, increment(s) of one hundred (100) XPLR Pass Points, up to a maximum of five hundred (500) XPLR Pass Points per Points Earning Window, will be deducted from the Member’s account.
Restrictions on Rewards:
Member may use a maximum of two (2) Rewards per transaction, per day.
To use Reward(s) online at www.thenorthface.com (for the United States) or www.thenorthface.ca (for Canada), Member must be signed into their XPLR Pass account.
To use Rewards in person at a The North Face store, Member must provide to store personnel proof of Member’s XPLR Pass Program membership and the applicable Reward(s) that is sufficient to validate the Reward (and the store personnel shall determine what constitutes sufficient proof of membership / the Reward in their reasonable discretion). Acceptable forms of proof may include Reward Email from The North Face, Digital Wallet, XPLR Pass mobile app, Member being logged into their XPLR Pass Program dashboard.
Similarly, Customer Service will honor Reward(s) in conjunction with a transaction if Member can provide proof of Member’s XPLR Pass Program membership and the applicable Reward(s) that is sufficient to validate the Reward to the satisfaction of Customer Service (and Customer Service will determine whether proof provided by Member is sufficient in Customer Service’s reasonable discretion).
In all cases, if proof of Reward issuance provided by Member is deemed by TNF to be inadequate/defective (or if Member fails to provide any proof whatsoever), Member will be required to pay for the transaction in full, as if Member did not intend to redeem Rewards with the Reward and the value of the Reward will be considered forfeited by Member in connection with that transaction. Further, actions by Member in conjunction with attempted redemption of Reward(s) may also constitute fraud as per Paragraph 11 below.
XPLR Pass Points will NOT be rounded up by The North Face when converting to Rewards.
If XPLR Pass Points are not converted by The North Face into a Reward within one (1) year of date of transaction/activity in which they were earned (i.e., balance of less than one hundred  XPLR Pass Points in account for one  year), such XPLR Pass Points will expire WITHOUT ANY WARNING OR NOTICE FROM THE NORTH FACE, except as indicated below.
The North Face may notify Member of issuance of Rewards by postal mail or otherwise. Value of Rewards included in any such notification represents the value of Rewards at the time that The North Face printed and published the notification, which may or may not reflect the actual, current value of Rewards available to Member, as The North Face may have adjusted a Member’s balance of XPLR Pass Points subsequent to the printing/publication of the notification. Any such notification regarding the issuance of Rewards is provided by The North Face purely as a courtesy to Member and should not be relied upon by Member in seeking to redeem Rewards. Before taking any such action, Member is advised to carefully review their XPLR Pass Program account so as to determine the actual, current value of Rewards available.
Entire value of Reward need not be used in a single transaction.
Rewards expire eleven (11) months from the date of issuance WITHOUT ANY NOTICE OR WARNING FROM THE NORTH FACE, except as indicated below. Any unused value of Reward may be used by Member prior to such expiration date.
CONSUMERS WHO ARE RESIDENTS OF THE PROVINCE OF ONTARIO WHO DO NOT EARN OR REDEEM POINTS OR REWARDS FOR A PERIOD OF TEN (10) MONTHS WILL RECEIVE WRITTEN NOTIFICATION THAT, IF POINTS ARE NOT EARNED WITHIN THE IMMEDIATELY FOLLOWING TWO (2) MONTHS OR REWARDS ARE NOT REDEEMED WITHIN THE IMMEDIATELY FOLLOWING MONTH, SUCH POINTS OR REWARDS, AS APPLICABLE, WILL EXPIRE.
CONSUMERS WHO ARE RESIDENTS OF THE PROVINCE OF QUEBEC WHO DO NOT EARN OR REDEEM POINTS FOR A PERIOD OF TEN (10) MONTHS WILL RECEIVE WRITTEN NOTIFICATION THAT, IF POINTS ARE NOT EARNED OR REDEEMED WITHIN THE IMMEDIATELY FOLLOWING TWO (2) MONTHS, SUCH POINTS WILL EXPIRE.
FOR CONSUMERS WHO ARE RESIDENTS OF THE PROVINCES OF ALBERTA, BRITISH COLUMBIA, OR QUEBEC, REWARDS ARE NOT SUBJECT TO EXPIRATION.
Additional terms and conditions apply to use of Rewards (as indicated on e-mail notice including Reward). Without limitation, a Reward:
· cannot be redeemed for cash or credit;
· is not transferable;
· cannot be combined with any other offer, discount, coupon or promotion (except one other Reward per transaction, per day);
· cannot be redeemed at third party retailers of The North Face products;
· is good only for the Member receiving the Reward from The North Face (and redemption of same may be conditioned upon Member’s provision of valid identification to The North Face’s satisfaction);
· must be used by Member in their country of residence as per zip code/postal code reflected in Member’s online XPLR Pass account (if not provided by Member, the country in which such Member last made a The North Face purchase as per The North Face’s records; any determination of a Member’s country of residence by The North Face is final and binding);
· if merchandise obtained via redemption of Reward is later returned by Member, corresponding XPLR Pass Points converted into Reward (as well as the value of the Reward itself) will NOT be returned to Member;
· will be replaced if lost or stolen only upon Member’s provision of valid identification to The North Face’s satisfaction.
8. Other Program Benefits
In addition to Rewards, Members receive the following exclusive benefits (“Benefits”):
· New Member Welcome of ten percent (10%) discount on qualifying The North Face purchase;
· Gifts of limited edition products;
· Savings on certain designated qualifying The North Face products as well as other discounts, offers and promotions;
· Gifts with certain designated qualifying The North Face purchases;
· Early access to The North Face limited edition collections and collaborations;
· Dedicated Customer Service telephone number accessible in your member dashboard, in your online XPLR Pass account;
· Savings on AllTrails® Pro memberships**;
· Opportunity to wear test The North Face products before they are made available to the public (Benefit only available to select Members as determined by The North Face in its sole discretion);
· Members-only product “field testing” for qualifying The North Face purchases whereby product may be returned for full refund, superseding The North Face’s standard product return policy (proof of purchase/original, dated sales receipt required; purchase must be made at Website or The North Face full-price retail store [excludes purchases made at The North Face Outlet stores or at third party retailers of The North Face products]; “field testing” benefit must be used within sixty  days of product purchase; product must be in reasonably worn condition from limited use as intended/as per usage instructions with “field testing” refund not being available for heavily worn/abused/destroyed The North Face products; issuance of refund at The North Face’s sole discretion; limit of two (2) uses of “field testing” benefit (consisting of up to four (4) items with a total manufacturer’s suggested retail price of no more than $1,200 per year). Benefit only available until September 30, 2021, unless extended by The North Face.
**AllTrails®_is a registered trademark of AllTrails , LLC and used with permission. AllTrails, LLC is not sponsoring or endorsing the XPLR Pass Program. Benefit subject to availability and may be changed or withdrawn by The North Face without notice or liability.
The preceding will be offered by The North Face from time to time, in its sole discretion. Restrictions apply to each benefit; for example, the specific qualifying products for which a gift will be provided with purchase. In all cases, The North Face will disclose such restrictions in conjunction with offering the corresponding benefit.
9. The North Face’s Right To Modify
The North Face reserves the right to change the Program (and these Terms, as applicable) at any time in its sole discretion. Such changes may include, by way of example only, the following:
· The number of XPLR Pass Points earned for making a merchandise purchase (such changes will only be made so as to benefit consumers who are residents of the Province of Quebec);
· Limiting the availability of earning XPLR Pass Points to the purchase of specific merchandise items (or, conversely, allowing XPLR Pass Points to be earned on the purchase of gift cards and/or services from The North Face);
· Adding or restricting the type of non-purchase activities which will result in earning XPLR Pass Points (as per Paragraph 6 above);
· Modifying the conditions on existing non-purchase activities which will result in earning XPLR Pass Points;
· Adjusting (upwards or downwards) the number of XPLR Pass Points which will result in the issuance of a Reward (such changes will only be made so as to benefit consumers who are residents of the Province of Quebec);
· Modifying Rewards, including the conditions on redeeming same;
· Modifying Benefits which are available; and
· Modifying the procedure for becoming a Member.
In addition to the foregoing, The North Face reserves the right to cancel the Program altogether. In such event, XPLR Pass Points in the Member’s online XPLR Pass account as of the date of cancellation will be automatically converted to Rewards (as per Paragraph 7 above) with Reward(s) being issued to the Member via e-mail.
The North Face will try to provide reasonable notice via the Website and posting at The North Face Stores (and/or via e-mail notification to each Member, in The North Face’s sole discretion) in advance of such changes (or Program cancellation, as the case may be) taking effect. Such notice will explain the change (or Program cancellation, as the case may be) and when it takes effect. To the extent that such change affects these Terms (as well as Program cancellation), these Terms will be modified accordingly with the change and its effective date being highlighted herein. However, due to an event beyond the reasonable control of The North Face (that is, a force majeure event, such as a riot, civil commotion, governmental action, natural disaster, pandemic/epidemic, materials shortage, act of fraud), The North Face reserves the right to have such changes take effect immediately, without liability of any kind under any legal theory.
Your continued Membership in the Program constitutes your agreement to such changes to the Program (or the cancellation of the Program, as the case may be). You are strongly advised to review these Terms from time to time to make sure that you are fully aware of the current conditions governing operation of the Program.
CONSUMERS WHO ARE RESIDENTS OF THE PROVINCE OF QUEBEC WILL RECEIVE A WRITTEN NOTIFICATION OF SUCH CHANGES INCLUDING THE DATE WHICH SUCH CHANGES WILL TAKE EFFECT (WHICH IN NO CASE WILL BE EARLIER THAN SIXTY (60) DAYS FOLLOWING THE DATE OF SUCH NOTIFICATION.)
10. Privacy & E-Mail Notifications
In joining the Program, you agree to receive e-mail messages from The North Face from time to time relating to your participation in the Program; for example, notices of Program modifications as per Paragraph 9 above. You will receive e-mails relating to your participation in the Program from The North Face unless you decide to cancel your Membership as per Paragraph 13 below. (In the U.S., such messages are commonly referred as “transactional e-mails.”)
The North Face may also send you promotional e-mails with updates, offers and other information regarding The North Face (but NOT the Program.) You may unsubscribe from receipt of promotional e-mails without affecting your participation in the Program.
(The North Face will try to distinguish e-mail messages relating to your participation in the Program [in the U.S., transactional e-mails] from promotional e-mails; if you’re in doubt as to the type of e-mail you have received, call The North Face Customer Service toll-free at 888-TNF-1968 [888-863-1968] (for the U.S.) or 877-992-0111 (for Canada). You may also use the Members-only Customer Service telephone number accessible in your member dashboard, in your online XPLR Pass account.)
Notice of Financial Incentive for California residents:
In addition to the other information described in this policy regarding the material terms of the Program, methods of opt-in and opt-out, we provide the following information to California residents. The categories of personal information collected to participate in the Program are: first name, last name, email address and purchase history. Voluntary data includes date of birth, phone number and interests.
We administer the program in accordance with the California Consumer Privacy Act (CCPA).
· The value of the consumer’s data collected in connection with the Program that forms the basis for offering this program is $0.17. To estimate the value of the consumer’s data, we measured the expenses related to the offer, provision or imposition of the program by GAAP accounting of the cost of acquiring the data divided by the number of program participants.
· The value of the Program is reasonably related to the value of the consumer’s data. The value of the Program to the consumer is $2.18. To estimate the program value per consumer, we measured the fair value of accrual (accounting value) assigned to the projected accumulated points (i.e., the projected value of the program rewards earned in a year) divided by the number of program participants.
The North Face does not sell consumers’ personal information for money. The North Face does, however, share consumers’ personal information with certain third parties in ways that might be considered a “sale” of personal information under the California Consumer Privacy Act, even though The North Face does not receive any fee from the third parties in exchange. For example, we may share sales data regarding the products you have purchased from The North Face Stores with certain third parties, such as Facebook®, for purposes of marketing to consumers and improving our marketing efforts. By joining the XPLR Pass Program you agree that we may share your information in this manner. You can request that your personal information not be sold here: Do Not Sell My Personal Information.
11. Prohibited Conduct
IF YOU ARE CONSUMER WHO IS A RESIDENT OF THE PROVINCE OF QUEBEC, THE FOLLOWING SECTION DOES NOT APPLY TO YOU:
Any conduct determined by The North Face, in its sole discretion, to be in violation of these Terms will result in The North Face withholding XPLR Pass Points, Rewards and/or other Benefits available under this Program.
If such conduct is repeated, blatant or egregious (again as determined by The North Face in its sole discretion), such individual’s Membership will be terminated (with all XPLR Pass Points , unused and/or unissued Rewards and Benefits being forfeited without liability to The North Face). By way of example only, the following actions constitute violative conduct:
· Any false or misleading statement/misrepresentation as to making a merchandise purchase or engaging in any point-earning activity;
· Any false statement or misrepresentation in conjunction with the attempted redemption of Rewards (including proof of XPLR Pass Program membership provided at time of attempted redemption);
· Any other act of fraud perpetrated on The North Face as to Program participation;
· The attempted acquisition or redemption of XPLR Pass Points other than as set forth in these Terms (including the attempted transfer of XPLR Pass Points).
Withholding of XPLR Pass Points, Rewards and/or Benefits and termination of an individual’s Membership shall not represent the exclusive remedies available to The North Face; and, as such, The North Face may seek civil and/or criminal prosecution of individuals believed to be engaged in such violative conduct.
The North Face expressly disclaims any responsibility to notify or warn a Member that he/she/they has engaged in violative conduct prior to pursuing any of the above remedies.
To cancel your Membership, call The North Face Customer Service toll-free at the applicable phone number (for the United States: 888-TNF-1968 (888-863-1968); for Canada: 877-992-0111). You may also use the Members-only Customer Service telephone number accessible in your member dashboard, in your online XPLR Pass account.
Cancellation of Membership will result in forfeiture of XPLR Pass Points and unused and/or unissued Rewards and Benefits without liability of any kind to The North Face under any legal theory.
Award of XPLR Pass Points is subject to The North Face’s determination in its sole discretion that the Member has made the corresponding merchandise purchase or engaged in the corresponding activity in accordance with all applicable restrictions. Should The North Face determine in its sole discretion that the Member has not done so, The North Face may reduce the number of XPLR Pass Points (or withhold XPLR Pass Points altogether) from such Member.
XPLR Pass Points are intended solely to track a Member’s participation in the Program. Members do not have any property or ownership rights in XPLR Pass Points.
XPLR Pass Points cannot be redeemed for cash and cannot be transferred to another Member. Any attempt to sell (by auction or otherwise), trade or exchange XPLR Pass Points is void and in no way binding upon The North Face as well as constituting prohibited conduct as per Paragraph 12 above.
The North Face reserves the right to review Program activity (including XPLR Pass Points earned) in your online XPLR Pass account and make adjustments to correct errors without prior notice to you or liability of any kind. You will be notified via e-mail (or message posted to your online XPLR Pass account) if The North Face has taken any such action. Such notice will briefly explain the change(s) made to your online XPLR Pass account.
Certain Persons Not Eligible For Program
Employees, officers and directors of the following are NOT eligible for the Program:
· Unauthorized resellers of The North Face products.
· The North Face Athletes, Brand Influencers and Endorsers are NOT eligible.
· Persons whose membership in TNF legacy loyalty programs (including the VIPeak Rewards program) was terminated by The North Face for any reason are NOT eligible.
For clarity, as of October 27, 2021, employees, officers and directors of The North Face (including store associates at The North Face Stores) or VF Corporation (the parent company of The North Face) and its subsidiaries (i.e., other brands and companies that VF Corporation owns or controls) may participate in the Program except for certain restricted Benefits as so designated. All employees, officers and directors of The North Face or VF Corporation that previously registered for the Program may have been automatically registered in the XPLR Pass Program; all employees, officers and directors should confirm their membership status via their Member dashboard. If the Member dashboard indicates that the individual is already registered for the Program, no action on the part of employee/officer/director is necessary. Otherwise, all employees, officers and directors should register for the Program as described in Section 3 of these Terms.
Only purchases and activities undertaken after October 27, 2021 will count for participation in the XPLR Pass Program.
Release of Rights
IF YOU ARE A CONSUMER WHO IS A RESIDENT OF THE PROVINCE OF QUEBEC, THE LIMITATIONS OF LIABILITY CONTAINED IN FOLLOWING PARAGRAPH DO NOT RELEASE THE NORTH FACE FROM THE CONSEQUENCES OF OUR OWN ACTIONS OR THE ACTIONS OF OUR REPRESENTATIVES.
To the fullest extent permitted by law, in becoming a Member and/or participating in the Program, you release and agree to hold harmless The North Face, a division of VF Outdoor, LLC; its parent company, VF Corporation and VF Corporation’s subsidiaries (i.e., other brands and companies that VF Corporation owns or controls; including Altra®, Bulwark®, Dickies®, Eagle Creek®, Eastpak®, Horace Small®, Icebreaker®, JanSport®, Kipling®, Kodiak®, Liberty®, Napapijri®, Red Kap®, Smartwool®, Supreme®, Terra®, Timberland®, Vans®, VF Solutions®, Walls®, and Workrite®), affiliates and divisions of The North Face; and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations from any and all claims, damages, losses, liabilities, and other expenses (including attorneys’ fees) arising from or in any way related to participation in the Program under any legal theory.
No Representation or Warranty by The North Face
The North Face makes no representation, guarantee, or warranty of any kind regarding the Program, including the warranty or merchantability or the warranty of fitness for the intended purpose. The preceding excludes those warranties to which The North Face is subject pursuant to applicable law.
The Program is void where prohibited by law.
The failure of The North Face to enforce any condition of these Terms in any circumstance shall not constitute the waiver of such condition. The North Face shall not be bound by any interpretation of any similar condition of legacy programs (including the VIPeak Rewards Program) in the application of these Terms.
Dispute Resolution/Choice of Law
IF YOU ARE A CONSUMER WHO IS A RESIDENT OF THE PROVINCE OF QUEBEC, THE IMMEDIATELY FOLLOWING DISPUTE RESOLUTION/CHOICE OF LAW PROVISIONS DO NOT APPLY.
To the fullest extent permitted by law, in becoming a Member and participating in the Program, you agree that:
· any and all disputes regarding the Program or these Terms shall be governed by the internal, substantive law of the U.S. State of Colorado (i.e., without regard to choice of law/conflict of law rules of the U.S. State of Colorado or of any other jurisdiction)‡;
· you will bring any dispute regarding the Program or these Terms in the United States District Court for the District of Colorado (situate in Denver) or Colorado State Court situate in Routt County, Colorado and you are subject to the personal and exclusive jurisdiction of such courts;
· you waive any right of change of venue, inconvenient forum or the like;
· any action by you regarding the Program or these Terms will be brought by you individually and not as part of a class action;
· your recovery in any such action will be limited to your actual costs in participating in the Program (if any), with all rights to attorneys’ fees and any and all damages (including special, compensatory, punitive, consequential damages) as well as equitable relief being expressly waived§
‡Should a court of competent jurisdiction determine that the applicable laws of your state/province of residence provide that any such dispute will be resolved by the laws of your state/province of residence and/or that only a court in your state/province of residence may entertain such dispute, then such applicable law and/or such court having venue shall supersede these Terms only with respect to you personally and without any precedential effect.
§SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (AS WELL AS THE PROHIBITION ON BRINGING AN ACTION AS PART OF A CLASS), SO THE ABOVE MAY NOT APPLY TO YOU.
If the preceding or any other provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be replaced by a substitute provision that most closely approximates the original intent of The North Face and is valid, legal and enforceable. Such determination of the invalidity/illegality/unenforceability of a given provision shall not affect the remainder of these Terms.
The parties acknowledge that they have requested that this document and all other documents relating to it, be drawn up in the English language. In the event of any inconsistency between the English language version and any French translation of this document and all other documents relating to it, the English language version shall prevail, govern and control in all respects.
Les parties reconnaissent avoir exigé que le présent document et tous les autres documents qui s’y rapportent soient rédigés en anglais. En cas d'incohérence entre la version anglaise et toute traduction française de ce document et de tous les autres documents s'y rapportant, la version anglaise prévaudra, régira et contrôlera à tous égards.