Employees of Columbia or its affiliates are not eligible for membership in the Program.
Columbia reserves the right to modify, terminate, amend, limit, or otherwise change the Program and these Terms, including but not limited to Program benefits, conditions of participation, reward rates, or any other aspect of Program membership, in whole or in part, at any time with or without notice, even though changes may affect the value of the rewards already accumulated. Changes to these terms will be posted at https://www.columbia.com/rewards-terms-and-conditions.html. YOUR CONTINUED MEMBERSHIP AFTER CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
Columbia reserves the right to make rewards and promotional offers available to select members based on purchase activity, Program participation, or other factors. Columbia also reserves the right to cease communication with and terminate the account of any member at its sole discretion.
You are responsible for any tax liability related to your participation in the Program or your Qualifying (or other) Purchases.
Abuse of the Program, including failure to abide by these Terms or the transfer, sale or barter (or attempted transfer, sale or barter) of Promotional Reward Certificates, product purchased as part of a Qualifying Purchase, rewards, or promotional offers, and any misrepresentation of fact relating thereto or other improper conduct as determined by Columbia in its sole judgment, may result in termination of your membership and disqualification from future Program participation, forfeiture of all rewards accrued, cancellation of previously issued but unused Promotional Reward Certificates, and termination of your business relationship with Columbia. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights. Columbia reserves the right to interpret and apply the policies and procedures communicated in these Terms in its sole and absolute discretion. You agree to fully and unconditionally accept the decisions of Columbia, which are final and binding in all matters related to the Program, your purchases, and these Terms. These Terms supersede all previously published terms and conditions related to the Program.
If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. The Program, your Qualifying Purchases, and these Terms will be governed by and construed under the laws of the State of Oregon applicable to agreements made and to be entirely performed within the State of Oregon, without regard to any conflict of law provisions. You agree that any action not filed in arbitration pursuant to these Terms and Conditions shall be filed only in the state and federal courts located in Multnomah County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding.
IN NO EVENT SHALL COLUMBIA, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN THE PROGRAM. HOWEVER, THE FOREGOING LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY CLAIMS, DAMAGES, COSTS OR EXPENSES ARE THE RESULT OF COLUMBIA’S OWN NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW. ANY DISPUTE OR CLAIM BETWEEN YOU AND COLUMBIA, ITS AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, DIRECT AND INDIRECT SUBSIDIARIES, AND ANY THIRD PARTY PROVIDING ANY PRODUCTS OR SERVICES TO YOU IN CONNECTION WITH YOUR PURCHASE RELATING IN ANY WAY TO OR ARISING IN ANY WAY FROM YOUR PARTICIPATION IN THE GREATER REWARDS PROGRAM, ANY PRODUCTS SOLD BY COLUMBIA OR THROUGH THE SITES, OR THESE TERMS AND CONDITIONS (INCLUDING THEIR INTERPRETATION, VALIDITY, TERMINATION OR BREACH) WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms and Conditions is void, voidable or otherwise invalid.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE TERMS AND CONDITIONS AS A COURT WOULD.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent or to Columbia at Columbia Brands USA, LLC, Attn: General Counsel, 14375 NW Science Park Drive, Portland, Oregon 97229. You agree that the arbitration will be conducted by and in accordance with the rules of either the American Arbitration Association (“AAA”), adr.org
, 1.800.778.7879, or the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com
, 1.800.352.5267. Such arbitration shall proceed either in the county in which you reside or Multnomah County, Oregon. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules. Columbia will reimburse those fees for claims totaling less than $10,000. Likewise, Columbia will not seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
WE EACH AGREE TO BRING ANY DISPUTE IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE ACTION BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER. IN ADDITION, WE BOTH AGREE THAT WE EACH MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR COLUMBIA WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
The Columbia logo, Greater Rewards logo, and other logos, trademarks, and trade names of Columbia are the intellectual property of Columbia or its affiliates.