Columbia reserves the right to modify, terminate, amend, limit, or otherwise change these Terms and Conditions, benefits of the Program, or conditions of participation in the Program, in whole or in part, at any time with or without notice to you. Changes to these terms will be posted at https://www.columbia.com/ppp-terms-and-conditions.html. If you choose to continue to participate in the Program, you accept the revised Terms and Conditions.

Columbia reserves the right to make Program promotional offers available to select participants only based on purchase activity, geographic location, Program participation, eligibility criteria, or other information supplied by participants.

You are responsible for any tax liability related to your participation in the Program and your Program purchases.

Abuse of the Program, including failure to abide by these Terms and Conditions, the sale or barter (or attempted sale or barter) of product purchased through this Program, or any misrepresentation of fact relating thereto or other improper conduct as determined by Columbia in its sole judgment, may result in termination of your account and disqualification from future Program participation.

Columbia reserves the right to interpret and apply the policies and procedures communicated in these Terms and Conditions. All determinations by Columbia will be final and conclusive in each case.

The Program, these Terms and Conditions and your participation in the Program 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 its 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.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COLUMBIA, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, THE PROGRAM, OR YOUR PARTICIPATION IN THE PROGRAM, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM COLUMBIA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COLUMBIA'S RECORDS, PROGRAMS OR SERVICES. 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 GROSS NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW.

DISPUTE RESOLUTION. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND COLUMBIA TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND COLUMBIA FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND COLUMBIA AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. COLUMBIA AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

Arbitration Procedure. For any dispute or claim that you have against Columbia, that Columbia has against you or that you have, or Columbia has, in each case arising from, relating to, or stemming from these Terms, the Program or your participation in the Program (collectively, “Claims”, and each a “Claim”), you and Columbia agree to attempt to first resolve the Claim informally via the following process. If you assert a Claim against Columbia, you will first contact Columbia by sending a written notice of your Claim (“Claimant Notice”) to Columbia by certified mail addressed to Columbia at Columbia Sportswear Company, Attn: General Counsel, 14375 NW Science Park Drive, Portland, Oregon 97229. The Claimant Notice must (1) include your name, residence address, email address, and telephone number; (2) describe the nature and basis of the Claim; and (3) set forth the specific relief sought. If Columbia asserts a Claim against you, Columbia will first contact you by sending a written notice of Columbia’s Claim (“Columbia Notice”, and each of a Claimant Notice and Columbia Notice, a “Notice”) to you via certified mail to the mailing address associated with your account or, if such information is not available, to the primary email address associated with your account, or to other contact information. The Columbia Notice must (i) include the name of a Columbia contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. If you and Columbia cannot reach an agreement to resolve the Claim within thirty (30) days after you or Columbia receives such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Columbia first send the applicable Notice so that the parties can engage in this informal dispute-resolution process.

All Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory that are not resolved in accordance with Section 8(h)(i) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

These Terms affect interstate commerce, and the enforceability of this Section 8(h) will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.

All Claims must be submitted to the American Arbitration Association (“AAA”) and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the then-current version of the AAA’s Consumer Arbitration Rules will apply, which are available on the AAA’s website (adr.org), as amended by these Terms as follows:

YOU AND COLUMBIA AGREE THAT ANY ARBITRATION UNDER THESE SITE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND COLUMBIA ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against Columbia or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

For any arbitration you initiate, you will pay the consumer filing fee, and Columbia will pay the remaining AAA fees and costs. For any arbitration initiated by Columbia, Columbia will pay all AAA fees and costs.

For all arbitrations where the claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (i) 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; (ii) 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; and (iii) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.

If you or Columbia submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Columbia agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Columbia agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.

The arbitrator’s decision will follow these Terms 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 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 these Terms 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.

The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Columbia or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Columbia understand and agree that when twenty-five (25) or more similar claims are asserted against Columbia or you by the same or coordinated counsel or are otherwise coordinated resolution of your or Columbia’s Claim might be delayed. For such coordinated actions, you and Columbia also agree to the following coordinated bellwether process. Counsel for claimants and counsel for Columbia shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This bellwether process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellwether process from the time the first cases are selected for a bellwether process until the time your or Columbia’s case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Columbia or you.

One Year to Assert Claims. To the extent permitted by law, any Claim by you or Columbia relating in any way to these Terms, the Program, or your participation in the Program must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and Columbia will not have the right to assert the Claim.

Right to Opt Out of Arbitration. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by providing us with notice of your decision to opt-out by certified mail addressed to Columbia at Columbia Sportswear Company, Attn: General Counsel, 14375 NW Science Park Drive, Portland, Oregon 97229. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 8(h).

Severability. If any portion of this Section 8(h) is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (1) the unenforceable or unlawful provision will be severed from these Terms; (2) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 8(h) or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 8(h); and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 8(h) is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 8(h) will be enforceable.

The Columbia logo and other logos, trademarks, and trade names of Columbia are the intellectual property of Columbia or its affiliates. These Terms and Conditions do not give you any rights in or licenses to any Columbia intellectual property, and you agree you will not obscure or remove Columbia’s name or logos from products purchased through the Program.

The failure or forbearance by Columbia to exercise any of its rights or remedies with respect to any default or breach of these Terms and Conditions will not operate as a waiver of any such default or breach, or other subsequent non-performance.

If any provision in these Terms and Conditions is found or held to be invalid or unenforceable, then the meaning of said provision will be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it will be severed from the remainder of these Terms and Conditions, which will remain in full force and effect.

If there is any conflict between these Terms and Conditions and any other terms or conditions at www.columbia.com or otherwise, to the extent of such conflict, these Terms and Conditions shall govern. These Terms and Conditions supersede all previously published Program terms and conditions.