TERMS AND CONDITIONS OF ACCESS AND USE
This Terms and Conditions of Access and Use Agreement (the “Agreement”) applies to Vista Outdoor Inc. and Vista Outdoor Sales LLC, as well as our subsidiaries and affiliates and our trusted family of brands (collectively, “Vista Outdoor”). This Agreement describes the terms and conditions and the general principles applicable to your access and use of websites, social media sites, pages, e-newsletters, surveys, forums, ratings and reviews, accounts and applications owned, operated or licensed by or on behalf of Vista Outdoor (“Vista Outdoor Sites”). If you do not agree to these terms and conditions of access and use, you should not access or use any Vista Outdoor Site.
Use of Site
Prohibited Use of Site
You shall not make any commercial use of the Vista Outdoor Sites or their contents, product listings, descriptions, or prices. You further agree not to download or copy any content or product information for the benefit of any third party or use any data mining, robots, or similar data gathering and extraction tools. The Vista Outdoor Sites, or any portion thereof, may not be reproduced, duplicated, copied, displayed, sold, resold, visited, or exploited for any commercial purpose without the express written consent of Vista Outdoor. You agree not to interfere, disrupt, or attempt to gain unauthorized access to the Vista Outdoor Sites, or any other related computer network. You further agree not to disseminate, store, or transmit viruses, Trojan horses, or any malicious code or program or engage in any other activity deemed by Vista Outdoor to be in conflict with the spirit or intent of this Agreement. You agree to use the Vista Outdoor Sites only for lawful purposes. You are prohibited from posting on or transmitting through the Vista Outdoor Sites any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or offensive, or that is otherwise objectionable, including, but not limited to, any material or content encouraging conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Vista Outdoor reserves the right to remove any postings or content in violation of this Agreement.
You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Vista Outdoor Sites including all hardware, software, electrical and other physical requirements for your use of the Vista Outdoor Sites, including, without limitation, telecommunications, Internet access connections, web browsers or other equipment, and programs and services required to access and use the Vista Outdoor Sites.
Correction of Errors and Inaccuracies
The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.
You acknowledge and agree that at times the Vista Outdoor Sites may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Vista Outdoor may undertake from time to time; or (iii) causes which are beyond the control of Vista Outdoor or which are not reasonably foreseeable.
The trademarks, service marks, brand names, and logos appearing on the Vista Outdoor Sites (“Marks”) are owned or licensed by Vista Outdoor. Nothing herein shall be construed as granting any license or right to use the Marks without the express written permission of the owner. You may not frame or utilize framing techniques to enclose any Marks or use any meta tags or any other “hidden text” utilizing the Marks without the express written consent of Vista Outdoor.
Copyrights in content provided on the Vista Outdoor Sites, including, but not limited to, images, video, photos, electronic art, animations, graphics, sounds, audio, information and data, communication programs, electronic mail services, and user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases (hereafter “Copyrighted Works”) are exclusively owned or licensed by Vista Outdoor, and are protected by U.S. and international copyright laws. Except as stated herein, you agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, display, post, or transmit any Copyrighted Works (except for your personal, private, non-commercial use) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Vista Outdoor and any appropriate third party as applicable.
If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Vista Outdoor with the following information in writing (see 17 U.S.C Section 512(c)(3) for further detail):
a. physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Vista Outdoor to locate the material;
d. information reasonably sufficient to permit Vista Outdoor to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.You may contact Vista Outdoor’s designated Copyright Agent by selecting “Copyright Inquiry” in the dropdown menu in the form found on our Contact Us page, by email at [email protected] or by writing to DMCA Agent, VISTA IP Department, Vista Outdoor Inc., 1 Vista Way, Anoka, MN 55303 or by calling 763-433-1081.
News Media Exception to Advance Written Permission
Notwithstanding anything to the contrary herein, images from the Vista Outdoor Image Gallery, videos from the Vista Outdoor Video Gallery, and product images and logos provided in the Vista Outdoor Image Resource Library may be reproduced (but not modified or altered) by news reporting organizations for news reporting purposes, without advance prior written permission from Vista Outdoor, provided the reproduction is accompanied by notice that it has been reproduced with permission from Vista Outdoor.
The Vista Outdoor Sites may provide links to other websites maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by Vista Outdoor with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site. You further acknowledge and agree that Vista Outdoor is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. VISTA OUTDOOR MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any non-Vista Outdoor Site is subject to the terms and conditions applicable to that site, including the privacy policies of such site. If a third party links to a Vista Outdoor Site, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with Vista Outdoor. Vista Outdoor may not even be aware that a third party has linked to the Vista Outdoor Site.
These terms apply to all product sales from the Vista Sites and may be supplemented by more specific terms on the individual Vista Site where an order is placed.
All products offered for sale are subject to availability and Vista Outdoor’s acceptance of your order. After you place an order through a Vista Outdoor Site, we will send you an email acknowledging your order. This order acknowledgment means that your order has been received; it does not mean that your order has been accepted, shipped, or that the price of an item has been confirmed, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. Upon shipment of your order, we will send you an email. Vista Outdoor may also require additional information prior to accepting or processing any order.
Vista Outdoor reserves the right at any time to accept, decline or cancel any order or limit order quantity for any reason. If we cancel an order after you have already been billed, we will refund the billed amount. Vista Outdoor uses its best efforts to fulfill orders, however, there may be instances in which a product is out of stock or unavailable, in which case Vista Outdoor will contact you for direction on whether you wish to select another order or cancel your existing order.
Vista Outdoor may revise, discontinue or modify products at any time without prior notice to you and products may become unavailable without notice. Vista Outdoor shall have no liability of any kind if any product is not available.
Most product orders are shipped by a third party fulfillment service provider. Delivery lead times vary, but most orders will be shipped within 10 working days. The delivery charge varies depending on the size and weight of the item. These charges will be included in the Shipping and Handling of your order. If eligible for shipment to Hawaii and Alaska, special rates apply. Oversized and extremely heavy items are marked on their product information pages as requiring a special delivery charge. Title to and risk of loss of product will pass to you upon our delivery to the carrier. Shipping times are estimates only, and not a guarantee that the product will be delivered on the specified date. We will not be liable for any loss or expense which you may incur as a result of any delay in the delivery of your order. When ordering more than one item, please note your items may come in different shipments. Vista Outdoor assumes no liability for damaged, lost or stolen shipments. It is your responsibility to ensure parcels can be delivered free from theft or exposure to rain, snow, excessive humidity or temperature extreme. Claims for incorrect or missed shipments must be made to Vista Outdoor Customer Support within 20 days of order acknowledgment/shipment or are deemed waived.
Credit Card Information
You may be asked to supply certain information relevant to your purchase of product through a Vista Outdoor Site, including credit card number, the expiration date, your billing address and your shipping information. By submitting such information, you grant Vista Outdoor the right to provide such information to our third party-fulfillment service provider to facilitate the transaction. You agree to pay all charges that you incur on the Sites at the prices in effect when incurred, including without limitations any shipping and handling charges and taxes. You represent and warrant that you have the legal right to use any credit cards used in connection with any transaction.
Prices shown are in U.S. dollars. Vista Outdoor reserves the right to change prices for products displayed on the Site at any time, and to correct pricing errors that may inadvertently occur. Despite our best efforts, a small number of the items on our Website may be mispriced. Rest assured, however, that we verify prices as part of our shipping procedures. If an item’s correct price is lower than our stated price, we charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, we will, at our discretion, either (i) contact you for instructions about whether you wish to pay the correct higher price before shipping or (ii) cancel your order and notify you of such cancellation (whether or not the order has been confirmed and your credit card or debit card charged). We cannot confirm the price of an item until your order enters the shipping process, nor will we charge your credit card until your order enters the shipping process. (Please note that your Order Acknowledgment means that your order request has been received; it does not mean that your order has been shipped or that the price of an item has been confirmed.)
The extent of any limited warranty for each product is as shipped with the product or as expressly stated on a warranty document on a Vista Outdoor Site. Any warranty offered is limited to defects in material or workmanship, and repair or replacement is your exclusive remedy for any defective product. In no event shall we be liable for any special, incidental or consequential damages of any kind arising out of the purchase or use of any product, whether based on contract, tort, statute or otherwise. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State. In addition, any warranties implied by law shall in no event extend beyond the duration of the express warranty offered, if any. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
This return policy only applies to orders from a Vista Outdoor Site. If you purchased items from a dealer, please contact that dealer. Authorized returns must have a prior return merchandise authorization (RMA) and may be subject to a restocking fee. Contact Customer Service using the number or email address listed on the Vista Outdoor Site Customer Support page to obtain an RMA number. All sales of ammunition, ammunition components, customer-made products, discontinued items, items sold “as is,” and clearance items are final and may not be returned. You are responsible for any shipping, handling and insurance costs associated with the return item. All authorized returns must be shipped within 30 days of delivery, must be returned unused, complete and in its original packaging and must be accompanied with a copy of the invoice. For your protection, we suggest all returns be sent back by a traceable carrier such as UPS or FedEx. Vista Outdoor is not responsible for product lost in shipment.
We attempt to make our product descriptions as accurate as possible. However, we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.
Compliance with Laws
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from a Vista Outdoor Site. By placing an order, you represent that the order is lawful and will be used in a lawful and appropriate manner. In addition, you acknowledge that any goods sold in the U.S. may be subject to the import or export laws of the country in which the goods are sold. Accordingly, you agree to abide by all applicable export laws and regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer such goods to a foreign national or a foreign destination in violation of law.
If you need assistance with an existing order, placing an order, understanding more about a product, or processing a return or exchange, please contact our customer service at the number listed on the Site Customer Support page.
We may send text messages you have consented to receive. Depending on your consents, the text messages may provide you with information about your orders or special offers regarding marketing communications about our products. The messages you receive may come from an autodialer. You can cancel text messages at any time by texting “STOP”. After you send “STOP”, we may send you an additional text message to confirm that you have been unsubscribed. You will no longer receive text messages from that number, but you may receive text messages if you are subscribed to other text lists. You may resubscribe to receive text messages after you have unsubscribed. If at any time you have questions about the text messages, text “HELP” and we will respond with additional information to assist. Message and data rates may apply. Consent is not required as a condition of purchase.
The Vista Outdoor Sites, and any market and financial information, news, analysis, opinions, and research reports (collectively “Investment Information”) issued by Vista Outdoor through a Vista Outdoor Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. Vista Outdoor is required to file periodic and special reports, proxy statements and other information with the Securities Exchange Commission (“SEC”) under the Securities Exchange Act of 1934. Please review this information for updated information as to our company. This information is available either on our website or at the SEC website at http://www.sec.gov/. Vista Outdoor does not guarantee the accuracy, timeliness, completeness, or correct sequencing of the Investment Information or warrant any results from your use or reliance on such information. The Investment Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. You should not construe any Investment Information, features, tools, or other content available through a Vista Outdoor Site as legal, tax, investment, financial, or other advice. You should consult with an attorney or financial or tax professional, regarding your specific legal or tax situation to determine whether such transaction is appropriate for you based on your individual investment needs and to verify pricing information. The Investment Information available on a Vista Outdoor Site shall not be considered a solicitation for or offering of any investment in any jurisdiction where such solicitation or offering would be illegal. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any Investment Information before making any decisions based on such information. In exchange for using this Vista Outdoor Site, you agree not to hold Vista Outdoor and its agents, officers, directors, employees, successors, assigns, and affiliates liable for any possible claim for damages arising from any decision you make based on Investment Information made available to you through this Vista Outdoor Site. Vista Outdoor may provide links to third-party websites or services that contain financial or investment information about Vista Outdoor. Access to such websites and the information contained therein is provided as a convenience to those interested in the information. Vista Outdoor neither regularly monitors nor has control over the content of third-parties’ statements or websites. Accordingly, Vista Outdoor does not endorse or adopt these websites or any information contained therein, including, without limitation, analysts’ reports and stock quotes. Vista Outdoor makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party websites or other third-party information that is identified on a Vista Outdoor Site. Users visit these websites and use the information contained therein at their own risk.
Disclaimer of Warranties
VISTA OUTDOOR, AND ITS PARENTS, SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES PROVIDE THE VISTA OUTDOOR SITES “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VISTA OUTDOOR AND ITS PARENTS, SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THE VISTA OUTDOOR SITES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THESE VISTA OUTDOOR SITES WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE VISTA OUTDOOR SITES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VISTA OUTDOOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VISTA OUTDOOR DOES NOT WARRANT THAT ANY VISTA OUTDOOR SITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL VISTA OUTDOOR, OR ITS PARENTS, SUBSIDIARIES, RELATED COMPANIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTRACTORS, SERVICE PROVIDERS AND AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE VISTA OUTDOOR SITES, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE A VISTA OUTDOOR SITE, ANY CHANGES TO OR INACCESSIBILITY OF A VISTA OUTDOOR SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH A VISTA OUTDOOR SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH A VISTA OUTDOOR SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE.
You agree to indemnify, hold harmless, and defend Vista Outdoor, its parents, subsidiaries, related companies, affiliates, directors, officers, employees, successors, assigns, contractors, service providers and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of, or relating to: (i) this Agreement; (ii) your use of a Vista Outdoor Site, including any data or work transmitted or received by you; and (iii) any prohibited use of a Vista Outdoor Site.
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. Vista Outdoor reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of any Vista Outdoor Site; (ii) suspend your access to or use of all or any portion of any Vista Outdoor Site; and (iii) terminate this Agreement. Sections 1, 2, 3, 4, 6, 7, 8, 9, and 10, shall survive any termination of this Agreement.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
This Agreement is made in and shall be governed and construed by the laws of the State of Minnesota, United States of America, without reference to conflicts of laws. If you access a Vista Outdoor Site from locations outside Minnesota or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Minnesota, United States of America, and you are solely responsible for compliance with all your local laws. Access to any Vista Outdoor Site from locations where such Site’s contents may be unlawful is prohibited.
All actions, claims, or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in Hennepin County, Minnesota. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Hennepin County, Minnesota. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Hennepin County, Minnesota and to the laying of venue of any such suit, action, or proceeding brought in any such federal or state court in Hennepin County, Minnesota.
The captions and headings of this Agreement are included for ease of reference only and shall be disregarded in interpreting or construing this Agreement.
This Agreement constitutes the complete and exclusive statement of the agreement between the parties and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.
Password Protected Sites
If you access a password-protected Vista Outdoor Site (“Protected Site”), you represent that you have been granted access by Vista Outdoor and agree to take all reasonable precautions to safeguard the confidentiality of the content and all information accessed on the Protected Site, including without limitation the password (collectively, the “Proprietary Information“), exercising at least a degree of care suitable for the sensitivity of such information but in no instance less than reasonable care. You agree to immediately notify Vista Outdoor of any unauthorized use or disclosure of the Proprietary Information, and to take all necessary actions to prevent use or disclosure of the Proprietary Information in breach of this Agreement or applicable law.
When accessing a Protected Site, you are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Vista Outdoor of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Vista Outdoor will not be liable for any loss that you or your employer may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Vista Outdoor or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.
Vista Outdoor Rewards Program
Terms and Conditions
PLEASE READ CAREFULLY. By participating in the Vista Outdoor Rewards Program, you agree to the following Terms and Conditions. THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT:
1. Overview of the Vista Outdoor Rewards Program
1.1 The Vista Outdoor Rewards Program (the “Program”) is a loyalty program sponsored by Vista Outdoor Sales LLC and its affiliated companies (“Vista Outdoor”), through which you will be offered the opportunity to earn rewards Points (“Rewards Points”) that can be redeemed for select merchandise and other rewards by purchasing specified Vista Outdoor goods. Eligible participants in the Program (“Members”) may access the Program using the Vista Outdoor websites specifically designed by Vista Outdoor as eligible for the Program, which websites Vista Outdoor may add to or remove from time-to-time in its discretion (“Sites”).
2.1 The Program is open to legal residents of the 50 United States (or the District of Columbia) (“Qualifying Territory”) who are 18 years of age or the minimum age of majority in their state of residence (whichever is older) at the time of enrollment. Employees of Vista Outdoor, members of our Pro Deal or other VIP programs are not eligible to participate. Void where prohibited by law.
2.2 “Eligible Products” means those products sold on the Sites and specifically designed by Vista Outdoor on the Sites as being eligible for the Program, which products Vista Outdoor may add to or remove from eligibility from time-to-time in its discretion, except to the extent a product constitutes an Ineligible Product.
2.3 “Ineligible Product” means those products that Visa Outdoor cannot or does not sell or ship to the Member or the Member’s address due to Federal or local laws, shipping restrictions, or any other reason in Vista Outdoor’s sole discretion.
2.4 “Qualifying Purchases” means purchases of Eligible Products from the Sites in the Qualifying Territory meeting the terms of the Program, except to the extent the purchase constitutes Non-Qualifying Purchases.
2.5 “Non-Qualifying Purchases” means: (i) sales and use taxes; (ii) service fees; (iii) donations to charitable organizations; (iv) commercial account purchases, including, without limitation, any purchase made with a corporate credit card, unless specifically approved in writing by Vista Outdoor; (v) purchases of gift cards and e-gift cards; (vi) any redemption of Points for some part or all of the purchase price; (vii) shipping and delivery charges; (viii) purchases from third-party vendors on Vista Outdoor-branded and Vista Outdoor-sponsored websites if to complete a purchase the customer is redirected to the vendor’s designated website (other than a participating Vista Outdoor-branded or Vista Outdoor-sponsored website); (ix) the portion of any purchase price which is eliminated due to a coupon, rebate or other discount, (x) purchases made from outside the Qualifying Territory, (xi) purchases made with gift cards and e-gift cards, (xii) purchases made before enrolling in the Program or before the product is designated an Eligible Product, and (xiii) any other items, fees, or purchases which Vista Outdoor, from time to time in its sole discretion, may elect or be required to exclude based on any applicable laws or regulations or for any other reason.
3. Enrolling in the Program
3.1 Members must enroll in the Program by creating an account on one of the Sites, supplying the required information and electing to participate in the Program (“Account”).
3.2 Registration may require you to provide your first name, last name, phone, email address, password, country (required in order to receive all eligible rewards), and marketing preferences, and you may also elect to provide other information, including your birthday.
3.3 If you change your account country to one that is outside the United States, your Member account will be deactivated. Once deactivated, you will no longer be able to accumulate points or receive or redeem Rewards under your Member account.
3.4 Limit: one (1) Account per person. The person who is the holder of the Program membership associated with the email address used to register for the Program will be deemed the Member for that Account
4. Earning Points
4.1 Reward Points may only be accumulated by making Qualifying Purchases after logging into your Member Account.
4.2 Members earn rewards Points at the rate of one (1) Reward Point for every $1.00 of Qualifying Purchase amount from the Sites (“Reward Point”). If your Qualifying Purchase amount is not a multiple of the applicable Reward Point, your Qualifying Purchase value will be rounded down to the nearest $1.00. Reward Points have no cash value.
4.3 POINTS ARE NOT EARNED ON PROGRAM-ELIGIBLE PURCHASES MADE PRIOR TO YOUR ENROLLMENT DATE OR PRIOR TO THE START DATE OF ANY ADDITIONAL REWARD POINT OFFER OR PROMOTION OR IF YOU ARE NOT LOGGED INTO YOUR ACCOUNT. POINTS ARE ALLOCATED TO YOUR ACCOUNT ONCE YOUR ENTIRE ORDER HAS SHIPPED.
4.4 Reward Points will not appear instantly in your Account. They will be allocated once the shipping confirmation email is sent which may be up to 48 hours or more after purchase. Rewards Points earned for a purchase will be visible during checkout and on the order confirmation page and email. They will not be visible in your account until the order has shipped and you receive the shipping confirmation email. You may review your Reward Point balance in your Account on the Site (or such other site as designated by Vista Outdoor from time to time). You do not acquire property rights in any Rewards Points regardless of whether they have appeared in your Account.
4.5 In order to accumulate Rewards Points, qualifying purchases must be paid with a valid debit or credit card, or with a valid Vista Outdoor issued gift card; purchases using other currency or promotional offers do not accumulate points. Qualifying purchases must total at least $1.00 (excluding sales tax and subject to the other exclusions set forth in the next paragraph) in order to accumulate points.
4.6 Some exclusions apply. Cannot earn points on redeemed items, shipping or tax. Rewards Points may also be earned for participating in marketing promotions or activities.
4.7 If you void a qualifying purchase credited toward accumulation of points, your Rewards Points associated with that purchase will be deducted from your account. Rewards Points earned for online purchases will be awarded and reflected in the Member’s total balance once the order has shipped and you receive the shipping confirmation email. Those points will not be available to redeem until the item(s) have shipped.
4.8 Federal Rewards Members are also eligible to receive the following Program benefits: (a) 15% off Federal Apparel available online at https://www.federalpremium.com; (b) 50 bonus Rewards Points upon enrolling into the Program; (c) 50 bonus Rewards Points awarded on Member’s birthday; (d) free shipping on all online orders of $99 or more.
5. Rewards Points Restrictions
5.1 Reward Points expire if not used within 12 months of being earned.
5.2 Vista Outdoor reserves the right in its sole discretion to add, remove, or change the number of Rewards Points awarded for actions as well as the actions that you can perform to earn Rewards Points, at any time throughout the Program. Any changes in Rewards Points will be announced in due time and will not impact Rewards Points already earned.
5.3 You may not combine or transfer Rewards Points with other’s Accounts. You may not transfer, sell, or perform any other action in any manner in violation or attempted subversion of these Terms and Conditions. Any attempt to combine, transfer, or sell Rewards Points will result in disqualification from the Program and forfeiture of all Rewards Points in your Account. Vista Outdoor reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that Vista Outdoor believes (in its sole discretion) that you (or you and others) have violated this provision.
5.4 You are responsible for the payment of all taxes, if any, which may result from the Rewards Points received as part of the Program.
5.5 Once you earn Rewards Points, the validation of the potential Rewards Points earned will be subject to verification. Rewards Points will not be awarded until after the verification process is complete. Rewards Points are void if: (a) you do not meet the eligibility criteria; or (b) you have not earned the Rewards Points in accordance with these Terms and Conditions and through legitimate channels.
5.6 You are responsible for ensuring the accuracy of your Account and are encouraged to check your Account regularly.
5.7 If you believe that Rewards Points were not properly accrued to your Account, you must contact customer service by visiting https://vistaoutdoor.com/vista-outdoor-rewards and following the instructions within 15 days of the day of the purchase date. Claims not made within 15 days of purchase will be deemed waived.
5.8 Vista Outdoor’s decisions regarding the awarding of Rewards Points are final and binding. Earned Rewards Points that are subsequently determined to be invalid for any reason are subject to disqualification and will be removed from your Account without notice.
5.9 You may earn Rewards Points in the manner set forth above for the duration of the Program, unless extended or otherwise modified by Vista Outdoor.
6. Redeeming Rewards Points
6.1 Except as provided herein, a Member may redeem his/her accrued Rewards Points for any product listed and in stock on the Sites at the time of redemption and specifically designated by Vista Outdoor as eligible for Reward Point redemption (“Redemption Item”). Vista Outdoor reserves the right to change the amount of Reward Points required for Redemption Items at any time in its sole discretion. To order a Redemption Item, the Member must have the full amount of Reward Points required for the Redemption Item; Reward Points may not be combined with cash or other consideration for Redemption Items.
6.3 Unless otherwise indicated by Vista Outdoor when Reward Points are granted or in the information connected to a specific earning offer, as long as you remain an Active Member (as defined below), Rewards Points that you earn will expire on the date that is twelve (12) months from the last day of the month in which your Rewards Points were earned. If you are not an Active Member during any 12-month period, all Rewards Points in your Account will expire at the end of such 12-month period. An “Active Member” is a Member that has Rewards Point earning or redeeming activity, which includes both Rewards Points earned or redeemed through the Program. Any Rewards Points expired as described above will be forfeited without compensation.
6.4 Vista Outdoor, in its sole discretion, may revise, limit, or discontinue the Redemption Items offered through the Program at any time. Quantities of Redemption Items are always subject to availability. In the event of a shortage of a Redemption Item, Vista Outdoor may allocate the sale of such Redemption Item(s) in its sole discretion. Vista Outdoor is not responsible for pricing, photographic, typographic, or system errors.
6.5 Warranty. Vista Outdoor makes no representation or warranty with respect to Redemption Items obtained through the Program. Any warranty on a Redemption Item purchased through the Program will be limited to the warranty terms, if any, included or referenced with the Redemption Item(s) (“Warranty”).
6.6 Shipment Contract. Every Redemption Item redeemed/purchased through the Program is redeemed/purchased pursuant to a shipment contract. This means that the risk of loss and title for such Redemption Item passes to the Member upon Vista Outdoor’s delivery of such Redemption Item to the delivery carrier. In the event that a Redemption Item is lost prior to receipt by the Member, the Member shall immediately call Vista Outdoor at the customer service number listed on the applicable brand website for the Redemption Item so that Vista Outdoor can file a timely claim with the shipping carrier. If a Redemption Item arrives at the Member’s designated destination damaged or is defective, the applicable Member must contact Vista Outdoor within fourteen (14) days of the date the Redemption Item was shipped by Vista Outdoor and follow the directions in the “Redemption Item Returns and Exchanges” below.
6.7 Redemption Item Returns and Exchanges. All redemptions/purchases of Redemption Items through the Program are final. Once an order has been placed, Vista Outdoor cannot cancel it. Except as explicitly indicated in these Terms and Conditions, you may not return or exchange any Redemption Item under any circumstances. If a Redemption Item is returned without adherence to this policy, Vista Outdoor reserves the right to (i) refuse to accept the Redemption Item or to restore Rewards Points (but not cash), and/or (ii) charge a restocking fee. Returns will only be allowed for an approved Warranty claim. Contact the applicable Customer Service number specified on the applicable website for the Redemption Item. After an authorized return has been received by Vista Outdoor, Vista Outdoor will immediately reship a replacement or, if the exact model is not available, reimburse a Member with Reward Points.
7. Modifications, Cancellation, and Account Termination
7.1 Vista Outdoor reserves the right to shorten, extend, modify, suspend, or cancel the Program, at its discretion, at any time. Vista Outdoor also reserves the right to modify any of the Terms and Conditions set forth herein at any time, even though these changes may affect your ability to accrue or use your Rewards Points. Modifications may include, but are not limited to, the methods by which you can earn Rewards Points, the amount of Rewards Points earned for each action, the number of Rewards Points that may be redeemed through the Program, the nature and value of the Redemption Items, and any of the options made available to you with respect to your Account.
7.2 Vista Outdoor reserves the right to terminate the Program at any time, for any reason, with due or without notice, even though termination may affect your ability to accrue or use your Rewards Points. Vista Outdoor reserves the right to close your Account at its sole discretion. In the event of termination of the Program or closing of an account, you will have at least thirty (30) days from the date Program termination is announced or your Account is closed to redeem your Rewards Points. Upon Program cancellation, notwithstanding your ability to redeem Rewards Points within the time allowed, the right to use the Program and accrue future points ends immediately.
7.3 Any changes Vista Outdoor makes will be effective immediately on notice, which it may give either by posting to the Rewards Site or via electronic mail. Your continued participation in the Program constitutes your acceptance of any changes to these Terms and Conditions. You are responsible for remaining knowledgeable as to any changes that Vista Outdoor may make to these Terms and Conditions.
8. General Terms and Conditions
8.2 By participating in the Program, Vista Outdoor shall have the right, but not the obligation, to use, display and publish your name, photograph, likeness, voice, biographical information and/or statements, throughout the world in perpetuity in any media that now exists or may exist in the future including for advertising and promotional purposes. If Vista Outdoor makes use of any of the foregoing rights, you understand and agree that you will not receive any other consideration, or payment, notification or credit, nor will you have any approval over how the foregoing rights are used.
8.3 Vista Outdoor reserves the right to discontinue your participation privileges if you engage in any fraudulent activity or use the Program in a manner inconsistent with these Terms and Conditions or any federal, municipal, provincial, state or local, laws, statutes, or ordinances. Discontinued participation privileges may result in the loss of all accumulated Rewards Points. In addition to discontinuance of participation privileges, Vista Outdoor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
8.4 Members may opt out of the Program by logging into their Member account on the applicable website and clicking “Cancel My Rewards Account” located on the Account Overview page or by calling Vista Outdoor at the customer service number listed on the applicable brand website. Opting-out of the Program will result in the loss of all accumulated Rewards Points. Any User who opts out, then re-registers for the Program will be treated as a new user to the Program. Accumulated Rewards Points and Rewards are not transferrable.
8.5 The Program is provided to individuals only. Corporations, associations, organizations, dealers, distributors, retailers, buy groups, resellers, ranges or other groups (“Group”) may not participate in the Program. It is fraudulent for any individual or Group to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating points for combined use.
8.6 Rewards Points do not constitute your property and may be revoked at any time by Vista Outdoor as set forth herein. Rewards Points may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. Rewards Points earned in the Program are not valid in, and may not be used in combination with, any other program offered by Vista Outdoor or third parties.
8.7 Vista Outdoor is not responsible for any incorrect or inaccurate information supplied by you while participating in the Program.
8.8 All questions or disputes regarding eligibility for the Program, earning or redemption of Rewards Points, or your compliance with these Terms and Conditions will be resolved by Vista Outdoor in its sole discretion.
9. Special Offers
9.1 In addition to Rewards Points, Vista Outdoor may from time to time in its sole discretion make available to participants the ability to earn additional Rewards Points through special offers or other promotions, or to earn bonus ponts or other program benefits. The Terms applicable to any such Rewards Points, offers, promotions, or benefits will be determined by Vista Outdoor in its sole discretion and communicated to participants in conjunction with any such offers.
10. Limitation of Liability
10.1 Vista Outdoor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by you, for any human error, for any interruption, downtime, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Site, or for any other technical or non-technical error or malfunction. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL VISTA OUTDOOR, AS WELL AS OUR PARENTS, SUBSIDIARIES, AFFILIATES OR SERVICE PROVIDERS, AND EACH OF THEIR AGENCIES, SUPPLIERS AND OTHER COMPANIES INVOLVED IN THE DEVELOPMENT OR EXECUTION OF THE PROGRAM (“RELEASEES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OR ITEMS OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF VISTA OUTDOOR IMPROPERLY DENIES YOU ANY REWARDS POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF REWARDS POINTS. BY PARTICIPATING IN THE PROGRAM, YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASEES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE REDEMPTION ITEMS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. You agree to rely solely on the manufacturer’s warranties, if any, for any Redemption Items redeemed through this Program.
10.2 As a condition of participating in this Program, You agree that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any Redemption Items obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in Minneapolis, MN; (2) any and all claims, judgments and awards shall be limited to amounts covering direct damages within the limitations of liability described above and out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to seek recovery for, and you hereby waives all rights to claim, punitive, incidental and consequential damages and any damages other than direct damages and/or actual out-of-pocket expenses, and waive any and all rights to have damages multiplied or otherwise increased.
10.3 All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or your or Vista Outdoor’s rights and obligations in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Minnesota, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Minnesota.
10.4 These Terms and Conditions constitute the entire agreement between Program participants and Vista Outdoor pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations, and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
10.5 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
10.6 Nothing in these Terms and Conditions shall be deemed to exclude or restrict any of your statutory rights as a consumer.