Effective as of April 1, 2015
These Deck Perks Rewards Program Terms & Conditions and any additional Terms & Conditions that are established by The Deck Store and applicable to the DECK PERKS Program ("Terms and Conditions") governing the Terms & Conditions on which an individual ("you") may participate in the Deck Perks Rewards Program (DECK PERKS Program™). The DECK PERKS Program is owned and operated by The Deck Store ("The Deck Store", "us", "our", "we").
In connection with the DECK PERKS Program, The Deck Store operates the website, The Deck Store, and the The Deck Store mobile applications and mobile websites (collectively, the "DECK PERKS Site").
By enrolling in the DECK PERKS Program, using the DECK PERKS Site and/or The Deck Store' services through the DECK PERKS Site, participating in the DECK PERKS Program or by clicking on the "I agree to the Terms and Conditions," you agree that you have read and understand these Terms and Conditions.
If you do not consent to these Terms and Conditions, please do not access, browse, or use the DECK PERKS Site, participate in the DECK PERKS Program, use the services offered through the DECK PERKS Program or the DECK PERKS Site or provide information to us.
We reserve the right to update or make changes to these Terms & Conditions from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of these Terms & Conditions on the DECK Perks Site. You can determine when these Terms & Conditions were last revised by referring to the Last Updated legend at the top of these Terms and Conditions. Your access to or use of the DECK Perks Site following changes to these Terms & Conditions will constitute your acceptance of those changes. Notwithstanding the foregoing, any changes to these Terms & Conditions shall not apply to any dispute between you and The Deck Store arising prior to the date on which The Deck Store posted the revised version of these Terms & Conditions incorporating such.
When you enroll in the DECK PERKS Program as a member ("Member") you are able to collect Loyalty Points ("Rewards") by, among other things, purchasing qualified products and to redeem the Rewards for discounts.
To enroll in the Deck PERKS Rewards Program you must register on our site, and be logged in while shopping or completing other reward activities so that the reward points can be attached to your account
Once you register as a user at The Deck Store, DECK PERKS account is activated at The Deck Store and you have provided us with a valid e-mail address, we will establish an account in your name ("Account"). We may refuse to grant to you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You agree to provide us with, and keep up-to-date, accurate, truthful and complete account information (including, but not limited to your e-mail address). You may only collect Rewards in one Account. Your Account is non-transferable and may not be sold, combined or otherwise shared with another person, except as provided in this paragraph. If you violate these Terms and Conditions, commit fraud or falsify information in connection with your use of the DECK PERKS Program or the DECK PERKS Site, or take any other act which we feel is detrimental to The Deck Store or the DECK PERKS Program in our sole discretion, we may terminate your Account, and you will forfeit any pending, current or future Rewards. You may elect to close your Account at any time by notifying The Deck Store. Upon closure of your Account, any rights to redeem Rewards from that Account are lost.
Rewards that you accrue as a result of your transactions will be posted to your Account in 24 hours after you earn them, and a summary of activity in your Account will be displayed on the DECK PERKS Site. Rewards will normally be posted to your Account within 1 to2 days from the date of your purchase Rewards earned as a result of transactions will expire in the 365 days
You are solely responsible for checking your Account regularly to ensure that your Rewards are properly credited. If you believe that proper credit does not appear on your Account, you should contact us via the DECK PERKS Site and then provide any requested documentation to verify your purchase. We reserve the right to determine, in our sole and absolute discretion, whether Rewards should have been posted to your Account and to adjust your Account accordingly. You acknowledge that any such determination by us will be final and binding. IF YOU DISAGREE WITH ANY SUCH DETERMINATION, OR OTHERWISE DISPUTE THAT REWARDS HAVE BEEN PROPERLY CREDITED TO YOUR ACCOUNT, YOUR SOLE REMEDY IS TO WITHDRAW FROM THE DECK Perks PROGRAM.
If you believe that any Account summary showing the number of Rewards in your Account is in error or have a dispute regarding Rewards, you must notify us at theCustomer Support Helpdesk within 30 days of the date the Reward was issued or it will be deemed correct. You may be required to submit documentation to support your claim.
DECK PERKS Loyalty points and all rights relating to them, are and will remain the property of The Deck Store. You may not offer for sale, sell, exchange, give, charge or otherwise dispose of any Reward. You are responsible for all taxes payable due to your participation in the DECK PERKS Program.
In the case of any failure by you to follow these Terms & Conditions or any other terms or conditions applicable to programs or offers in which you may elect to participate as part the DECK PERKS Program or any other fraud, misrepresentation, or abuse related to the DECK PERKS Program, including but not limited to your engaging in a pattern of returning or canceling products or services after the corresponding Rewards have been credited, as determined by us in our sole discretion, we the right to make any adjustments to your Account at any time and to take appropriate administrative or legal action. In such a case, some or all of your Rewards earned through the DECK PERKS Program may be forfeited and your Account closed, and we reserve the right to seek reimbursement from you for the cost of any Reward you receive upon redemption of Rewards that are subsequently deducted from your Account. You give The Deck Store permission to review your Account with Issuing Participants and Redeeming Participants in cases where The Deck Store suspects fraudulent activity.
To redeem Rewards, you must be logged in and registered on TheDeckStore at the time of the transaction. Your Reward can then be applied to the transaction by reducing the cost of your purchase..
DeckPerks Points cannot be applied to orders already placed. If you have questions or problems contact us before placing your order.
Rewards are extinguished based on the order in which they were issued, with the oldest being extinguished first, and the carry over rewards are subject to their original expiration limits.
Rewards earned through the DECK PERKS Program Online web store
Specific offers, Terms & Conditions and expiration details relating to how to redeem Rewards for a particular offer or promotion are described at www.The Deck Store or in material provided in connection with a promotion or offer.
You must provide and maintain current, complete and accurate information in connection with your Account. You agree that you will not, and will not permit others to: (i) provide any purposely inaccurate information (including a false e-mail address), or commit fraud or falsify information in connection with your DECK PERKS Account; (ii) provide any unauthorized third party with access to the DECK PERKS Program or any information, offers, data, text, photographs, links, images, software, chat, communications, interactive features and other content generated, provided or otherwise made available through the Internet and proprietary to The Deck Store by any means; (iii) modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your participation in the DECK Perks Program; (iv) engage in any activity that does not comply with U.S. law or other applicable law and regulations (including federal, state and local laws and regulations) or otherwise engage in any illegal, manipulative or misleading activity through the use of the DECK PERKS Program; (v) introduce into the DECK PERKS Site any code intended to disrupt the DECK PERKS Program or DECK PERKS Site, alter or delete its content, access confidential content on the DECK PERKS Site or interfere with the operation of the DECK PERKS Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (vi) attempt to access any data not intended for you or attempt to scan or test the security or configuration of the DECK PERKS Site or to breach security or authentication measures without proper authorization; (vii) post any material in any form whatsoever on the DECK PERKS Site or within the DECK PERKS Program that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity; or (viii) infringe any third party's patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the DECK PERKS Program or the DECK PERKS Site; (ix) use fictitious DECK PERKS Rewards Code or otherwise fraudulently obtain Rewards, or (x) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the DECK PERKS Program or the DECK PERKS Site.
You may post reviews, comments, photos, and other content; and make other communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is in compliance with the rules and conventions for postings not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, advertising, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, create an account for anyone other than yourself without permission, use an e-mail address that is subject to any rights of a person other than you without appropriate authorization, use an e-mail address that is a name that is offensive, vulgar or obscene, impersonate any person or entity, or otherwise mislead as to the origin of any content.
If you do post content or submit information or material to the DECK PERKS Site, Linked Sites (as defined below), through social media accounts administered by The Deck Store, through email directed to us, through blogs, or through other communications, and unless we indicate otherwise, you grant to The Deck Store a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable (through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise fully exploit (including without limitation, for purposes of promoting The Deck Store,and promoting and redistributing part or all of the DECK PERKS Program) such content, information and material, with or without the name that you submit in connection with such content, information or material, throughout the world in any media now known or later developed. You represent and warrant that you own or otherwise control all of the rights to the content, information and material that you post; that such content, information and material is accurate; that use of such content, information and material does not violate these Terms & Conditions or the rights of any third party, and will not cause injury to any person or entity.
The Deck Store has the right but not the obligation to monitor and edit or remove any activity or content. The Deck Store takes no responsibility and assumes no liability for any content posted by you or any third party.
The Deck Store, or the applicable third party owner, retains all right, title and interest to and under all patents (including all reissues, divisions, continuations and extensions of such patents) patent applications trademarks, trademark registrations, service marks, trademark registration applications, tradenames, domain names, all other names and slogans embodying business, product or service goodwill, copyrights, computer software, specifications, data, designs, trade secrets, technology, diagnostic tools, inventions, know-how, processes and confidential and proprietary information and any other intellectual property or other right, in all information and content (including all text, data, graphics, and logos) in the DECK PERKS Program and on the DECK PERKS Site. The Deck Store may enforce all rights to the full extent of the law.
Without the prior written consent of The Deck Store, you are strictly prohibited from, including, without limitation, modifying, copying, transmitting, distributing displaying, performing, reproducing, publishing, licensing, framing, creating derivative works from, transferring or otherwise using in any other way for commercial or public purposes, in whole or in part, any information, text graphics, images, video clips, directories, databases, listing or software obtained from the DECK PERKS Program or the DECK PERKS Site. Systematic retrieval of content from the DECK PERKS Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the DECK PERKS Site without written permission from The Deck Store is strictly prohibited.
Nothing in the DECK PERKS Program or on the DECK PERKS Site shall be interpreted as granting any license or right to use any image, trademark, logo or service mark in the DECK PERKS Program or on the DECK PERKS Site. Unless otherwise specified, the DECK PERKS Site is for your personal and non-commercial use only and you may print, copy and download any information or portion of the DECK PERKS Site for your personal use only. Copying or downloading material from the DECK Perks Site does not transfer title to any material on the DECK PERKS Site to you. If you copy or download any information or software from the DECK PERKS Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. You are prohibited from using any marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of The Deck Store or such third party, which may own the marks.
You will not upload post or otherwise make available on the DECK PERKS Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
You recognize the value of the goodwill associated with the DECK PERKS Program and acknowledge that the DECK PERKS Program and the DECK PERKS Site and all rights therein and goodwill pertaining thereto belong exclusively to The Deck Store. You further agree that it is critical that such goodwill be protected and enhanced and, toward this end, you shall not during the term of your membership in the DECK PERKS Program or thereafter: (i) attack the title or any rights of The Deck Store in or related to the copyright, trademarks, patents and other intellectual property in the DECK PERKS Program and/or the DECK PERKS Site; (ii) do anything either by an act of omission or commission which might impair, violate or infringe the copyright, trademarks, patents, and other intellectual property in the DECK Perks Program and/or the DECK PERKS Site; (iii) claim (adversely to The Deck Store or anyone claiming rights through The Deck Store) any right, title or interest in or to the copyright, trademarks, patents, and other intellectual property in the DECK PERKS Program and/or the DECK PERKS Site; (iv) misuse or harm the copyright, trademarks, and other intellectual property in the DECK PERKS Program and/or the DECK PERKS Site or bring the DECK PERKS Program into disrepute; (v) for your benefit, directly or indirectly, register or apply for registration of The Deck Store' trademarks or any mark which is, in The Deck Store' reasonable opinion, the same as or confusingly similar to any of The Deck Store' trademarks; and/or (vi) for its benefit, directly or indirectly, register, maintain or apply for registration of a domain name which is, in The Deck Store' reasonable opinion, the same as, confusingly similar to or incorporates any of the The Deck Store trademarks.
The Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the DECK PERKS Site infringe your copyright, you (or your agent) may send to The Deck Store a notice requesting that The Deck Store remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to The Deck Store a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA, found here. Notices and counter-notices should be sent to
The Deck Store Corporation
6900 W 151st Street, Suite 100
Apple Valley, MN 55124
Email: info@The Deck Store
We may send you certain DECK PERKS Program information that can include periodic statements of your Account and other information necessary for administration; promotional communications which will inform you of special offers and products we believe would be of interest to you; and promotional communications from third parties, including the Issuing Participants and Redeeming Participants, that have a relationship with the DECK PERKS Program. As a member in the DECK PERKS Program, you may have consented to receive all of the kinds of information described above. If, at any time, you wish to no longer receive promotional communications relating to the DECK PERKS Program, you may opt out of the receipt of such promotional communications by clicking on the opt-out link provided at the bottom of each e-mail or by contacting our Member Support Helpdesk. Requests to be unsubscribed or to opt out of promotional communications will be processed promptly, however, you may be included in the selection for additional promotional communications for a short period of time after you make your request. We reserve the right to send out certain communications, including by email and/or regular mail, relating to membership information, and administrative messages that are considered part of your Account (including communications informing you when you have linked or unlinked a credit card to your Account), without offering you the opportunity to opt out of receiving them.
You acknowledge that in order to operate the DECK PERKS Program, we will collect information about you, your participation in the DECK PERKS Program and your purchases from Issuing Participants. You authorize Issuing Participants and their respective agents to disclose to us any and all information with respect to your purchases from such Issuing Participant, including but not limited to information regarding purchases made, products ordered, order number, the time and date the purchase occurred, and the email entered for the purchase. You agree to hold us harmless for any information so disclosed to us.
We may, in our sole discretion, at any time and without prior notice: (i) discontinue transmitting all or any part of the content related to the DECK PERKS Program; (ii) change, discontinue or limit access to the DECK PERKS Program or any participant, reward, functionality, feature or other component of the DECK PERKS Program; or (iii) suspend or terminate your use of or access to the DECK PERKS Program or your Account, upon giving you notice of such suspension or termination, if we reasonably believe you have breached these Terms and Conditions.
NEITHER WE, OUR AFFILIATES, THE ISSUING PARTICIPANTS, THE REDEEMING PARTICIPANTS, NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, AFFILIATES, JOINT VENTURES, REPRESENTATIVES OR AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS ARISING OUT OF OR RELATED TO THE DECK Perks SITE, THE DECK Perks PROGRAM OR YOUR PARTICIPATION IN THE DECK Perks PROGRAM, INCLUDING WITHOUT LIMITATION: (I) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE DECK Perks PROGRAM OR AMENDING THESE TERMS & CONDITIONS OR THE BASIS ON WHICH YOU CAN REDEEM REWARDS; (II) UNAUTHORIZED USE OF YOUR ACCOUNT, YOUR DECK PERKS; (III) ANY PRODUCT, SERVICE, OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE DECK Perks PROGRAM MADE BY AN ISSUING PARTICIPANT OR REDEEMING PARTICIPANT OR ANY OF THEIR SUPPLIERS, OR ANY OTHER PERSON; OR (IV) THE PURCHASE, REDEMPTION FOR OR USE OF ANY GOODS OR SERVICES OF ISSUING PARTICIPANTS OR REDEEMING PARTICIPANTS. THIS APPLIES EVEN IF WE, OUR AFFILIATES, THE ISSUING PARTICIPANTS, THE REDEEMING PARTICIPANTS OR OUR OR THEIR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY, AND THE MAXIMUM LIABILITY OF OUR AFFILIATES, THE ISSUING PARTICIPANTS, THE REDEEMING PARTICIPANTS AND ANY OF OUR OR THEIR RESPECTIVE OFFICERS AND DIRECTORS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE FIFTY DOLLARS ($50.00).
You agree to indemnify, defend and hold The Deck Store and its affiliates and the Issuing Participants and Redeeming Participants (and its and their officers, directors, employees, parent companies, affiliates, joint ventures, representatives and agents) harmless from and against any and all liabilities and costs incurred in connection with any claim directly or indirectly arising out of or related to any actual or alleged breach by you of these Terms and Conditions, including without limitation attorneys' fees and costs. For those matters subject to indemnification by you in which neither The Deck Store nor any of its affiliates is a party, any applicable indemnified Issuing Participant and/or Redeeming Participant may provide input into the defense of such matters, at their own expense. You further agree to cooperate as requested by The Deck Store in the defense of any indemnified claim. You shall not in any event settle any indemnified claim without the prior written consent of The Deck Store. Without limiting any obligation to indemnify and hold harmless, with respect to your obligation to defend, The Deck Store reserves the right, at its own discretion and expense, to assume the exclusive defense (including exclusive control) of any matter that is subject to indemnification by you.
By participating in the DECK PERKS Program, you release The Deck Store and its affiliates and the Issuing Participants and Redeeming Participants from any injury or harm that may arise from participation in the DECK PERKS Program.
You may find content to be offensive, harmful or inaccurate. You agree to look solely to the original posting party for any claims you may have regarding their information. If you have a dispute with one or more users, you release The Deck Store and the Issuing Participants and Redeeming Participants (and its and their officers, directors, employees, affiliates, parent companies, joint ventures, representatives and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
California Civil Code Waiver. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
We may change, cancel, suspend or discontinue any aspect of the DECK PERKS Program, the Rewards, the Issuing Participants and Redeeming Participants, the issuance and redemption procedures and restrictions, or the type of rewards or discounts offered, all without notice or liability and even though changes may affect the value of Rewards already accumulated. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. We may also impose limits on features and services or restrict your access to parts or the entire DECK PERKS Program without notice or liability.
For example, but without limitation, we may add, delete or change Issuing Participants, Redeeming Participants, time limits for collection, redemption or use of Rewards; redemption conditions or procedures; or the value of purchases required for particular Rewards. If no Rewards are recorded in your Account for 24 months, or if you commit fraud, misrepresent any information, violate any Terms and Conditions, abuse your DECK PERKS Program privileges or act in any other way to the detriment of us, our Issuing Participants, Redeeming Participants, or the DECK PERKS Program, we may, without affecting our other rights, terminate your Account, and/or cancel your Rewards and disclose appropriate information requested by proper authorities. If a Reward expires or is cancelled for any reason, it becomes void without compensation. You may elect to close your Account, terminate your participation in the DECK PERKS Program, and not use our products and services or the products and services or the Issuing Participants or Redeeming Participants at any time in your sole discretion.
The Deck Store grants you a limited license to access and make personal use of the DECK Perks Site. This license does not include any resale or commercial use of the DECK Perks Site or its contents. The DECK Perks Site or any portion of the DECK Perks Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes without the express written consent of The Deck Store.
The Deck Store CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE DECK Perks SITE. You acknowledge that there may be interruptions in service or events that are beyond our control. The DECK PERKS Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. We retain the right at our sole discretion to deny service or access to the DECK PERKS Site to anyone at any time and for any reason.
Certain parts of the DECK PERKS Site will be password protected and accessible only to users with valid usernames and passwords. Only you are authorized to use your password. Any transfer of passwords to, or use of passwords by, an unauthorized person is strictly prohibited. You will maintain the confidentiality of the user IDs and passwords by which you access the DECK PERKS Program and the DECK PERKS Site, and will allow access to the DECK PERKS Program and the DECK PERKS Site only by authorized persons, and not by any program, expert system, electronic agent, "bot" or other automated means. You acknowledge that neither The Deck Store nor any third party will contact you to solicit your user ID or password. Therefore, you should not provide your user ID or password to any person whom you do not authorize to use your Account. Any use of your assigned user IDs or passwords will be deemed to be your use. Remember to choose a h5 password, including numbers, capital letters, special characters, etc., and one that is not typically found in a dictionary. You may never use someone else's Account, username or password without that person's permission. When creating your Account, you must provide accurate and complete information. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT, AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT, AND THAT The Deck Store HAS NO LIABILITY FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT. If there is a breach of security through your Account, you must immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your user ID and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the DECK PERKS Program and the DECK PERKS Site that would damage, interfere with or unreasonably overload the DECK PERKS Program and the DECK PERKS Site.
The DECK Perks Site provides hyperlinks, which are highlighted words or pictures within a hypertext document that, when clicked, take you to other websites not controlled by us ("Linked Sites"). These Linked Sites may contain Terms & Conditions and privacy provisions that are different from those provided herein. In addition, if you use a social media platform or your mobile device or other method of communication to interact with The Deck Store or the DECK PERKS Site, these applications also have Terms & Conditions and privacy provisions that governs the use of personal information related to that application. We are not responsible for the collection, use, or disclosure of information collected through Linked Sites,
These Terms & Conditions constitute the entire agreement between you and us regarding your participation in the DECK PERKS Program, your entitlement to collect and redeem Rewards and your entitlement to any other benefits of the DECK PERKS Program, and supersede all previous versions. Except as expressly provided herein, The Deck Store and any applicable third parties reserve all rights with respect to the DECK PERKS Program and the DECK PERKS Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies and notify your Internet Service Provider of any fraudulent activity we associate with your use of the DECK PERKS Site) in the event of any violations. The Deck Store may enforce these Terms & Conditions to the full extent of the law. When you deal with us over the Internet, you consent to the formation of contractual relations through electronic communications. We are the final authority as to any questions or disputes regarding the DECK PERKS Program or any Reward. We will not be deemed to have waived any of our rights even if we redeem Rewards when not required. All materials and any notices from us will be sent to your address as in our records; please notify us if your address changes. The DECK PERKS Program, all rules and Terms & Conditions are governed by the laws of Texas. If any provision of these Terms & Conditions is invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Terms and Conditions. No waiver by either The Deck Store or you of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms and Conditions. The section headings used herein are for convenience only and shall be of no legal force or effect. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms & Conditions without our express prior written consent. Any such attempted assignment, transfer or sublicense shall be void. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms & Conditions without restriction. These Terms & Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee or agency relationship between you and The Deck Store. Without limitation, you agree that a printed version of these Terms & Conditions and of any notice given hereunder in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Condition to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
At the DECK PERKS Site, The Deck Store makes no active effort to collect personal information from individuals under the age of 18. Although The Deck Store requires that users must be at least eighteen (18) years of age or older, you must nonetheless ensure that content you provide is acceptable for viewing by users who might not be adults.
The DECK PERKS Site is controlled and operated by The Deck Store from the United States, and is not intended to subject The Deck Store to the laws or jurisdiction of any state, country or territory other than that of the United States. The Deck Store does not represent or warrant that the DECK PERKS Site, or any functionality or feature thereof, is appropriate or available for use in any particular jurisdiction other than that of the United States. Those who choose to download, access or use the DECK PERKS Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to the United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports.
The Deck Store is not authorized to do business in every jurisdiction. Information published on the DECK PERKS Site may contain references or cross-references to goods or services that are not available in your state or country.
The official text of these Terms & Conditions or any notice provided hereunder shall be in English. In the event of any dispute concerning the construction or meaning of these Terms and Conditions, the language of these Terms & Conditions as written in English will govern.
The terms of these Terms & Conditions are governed by the laws of the State of Minnesota, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND The Deck Store WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT The Deck Store AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS & CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (Supplementary Procedures), as amended by this Agreement. The Supplementary Procedures are available here. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of these Terms & Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you. Sign Up Now!
6900 W 151st St
Apple Valley, Minnesota, 55124 USA