Terms And Conditions
HARBOR FREIGHT TOOLS’ INSIDE TRACK CLUB MEMBERSHIPThese terms and conditions (this "Agreement") govern the Harbor Freight Tools’ Inside Track Club (“Inside Track Club”). The Inside Track Club is a program brought to you by Harbor Freight Tools and its affiliated companies ("we," "us," "our," "ours," “Harbor Freight”). Purchase or use of any membership in the Inside Track Club ("Membership") at any time subjects the purchaser or user ("you," "your," "yours," "Member") to the provisions of this Agreement.
2) CERTAIN CONDITIONS
3) MEMBERSHIP FEE
4) TERM; RENEWAL
5) CANCELLATION; TERMINATION
7) DISCLAIMERS; LIMITATION OF LIABILITY
8) GOVERNING LAW
9) BINDING ARBITRATION
11) CHANGES TO THIS AGREEMENT
1) THE USE OR THE INABILITY TO USE THE INSIDE TRACK CLUB PROGRAM OR ANY BENEFITS THEREOF;
1) BENEFITS: Inside Track Club entitles Members to the following benefits:
One full year of Inside Track Club mailings featuring exclusive products at rock-bottom prices. Weekly email with some of the lowest prices we’ve ever offered on many of your favorite products. Exclusive website access at www.harborfreight.com to shop for products at incredible prices available only to Inside Track Club Members.
2) CERTAIN CONDITIONS:
a. For any Member's benefit to apply, the Membership account must be in effect at the time of purchase. Members will NOT be reimbursed or credited retroactively for purchases made without an active Membership account the time of purchase.
b. Memberships are non-transferable.
c. We expect Members to submit and maintain accurate and current user information in connection with their Memberships. Such information includes name, address, email address, and telephone number. Members may change their account information by:
1) updating Member profile data by emailing email@example.com
2) by accessing www.harborfreight.com , or
3) calling 800-444-3353
We are not responsible for correspondence, mail or email, which is lost, delayed, or misdirected.
1) MEMBERSHIP FEE. The annual Membership fee is currently $29.99. Membership fees are subject to taxation in accordance with applicable federal or state law. The annual Membership fee of $29.99 does not include applicable taxes. We may change the Membership fee at any time, but changes will apply only to new and renewal Memberships. The fee is not refundable.
2) TERM; RENEWAL. The initial term of a Membership shall commence on the date it is purchased and continue until one (1) year from the last day of the calendar month in which the Membership was purchased. At the end of the initial term, the Membership is renewable for another one (1) year period by payment of the Membership fee in effect at the time of renewal. The Membership is renewable for successive one (1) year periods by the same method.
3) CANCELLATION; TERMINATION:
a. You have the right to cancel your Membership at any time. If you cancel your Membership during the first ninety (90) days, we will provide a money back guarantee. After the ninety (90) days, you will not receive any refund of the Membership fee. You may cancel your Membership by emailing us at firstname.lastname@example.org or calling us at 800-444-3353.
b. We may terminate your Membership, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provision of this Agreement or applicable law. In the event of any such termination, you will be entitled to a pro rata refund of your Membership fee.
c. We may modify or substitute any of the benefits available under the Inside Track Club program at any time with or without notice. In the event of our termination of this program, at our election we will either maintain your Membership benefits until expiration of your current Membership term or refund a pro rata portion of your Membership fee for the remaining portion of your current Membership term.
2) DISCLAIMERS; LIMITATION OF LIABILITY. USE OF THE INSIDE TRACK CLUB PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HARBOR FREIGHT AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY "MEMBERSHIP PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT:
a. THE INSIDE TRACK CLUB PROGRAM WILL MEET YOUR REQUIREMENTS,
b. THE INSIDE TRACK CLUB PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,ORTHE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE INSIDE TRACK CLUB PROGRAM WILL MEET YOUR EXPECTATIONS. MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE THE INSIDE TRACK CLUB PROGRAM;
3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INSIDE TRACK CLUB PROGRAM DATA;OR
4) ANY OTHER MATTER RELATING TO THE INSIDE TRACK CLUB PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
AND EXCLUSIONS MAY NOT APPLY TO YOU.
1) GOVERNING LAW. This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of California, without regard to conflict of law principles.
2) BINDING ARBITRATION. Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or the Inside Track Club Program shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Harbor Freight or any of its affiliates from seeking any injunctive relief in State or Federal courts.
3) ACKNOWLEDGMENT. This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the Inside Track Club Program with respect to the Inside Track Club Program and supersedes any other agreements, statements or representations. Any user of any portion of the Inside Track Club Program is deemed to have accepted the terms and conditions of this Agreement.
4) CHANGES TO THIS AGREEMENT. We may change the terms of this Agreement at any time by posting a revised Agreement on the Inside Track Club Program website located at www.harborfreight.com http://www.harborfreight.com/ . We may also notify Members of such change in writing by regular mail or via email to the address in the Member's account. Any change shall take effect immediately, unless otherwise provided. You may view the current version of this Agreement at any time online at www.harborfreight.com http://www.harborfreight.com/ or you may obtain a copy of it by emailing email@example.com or calling 800-444-3353. Any user of the Inside Track Club Program is deemed to have accepted the terms and conditions of this Agreement.
5) Only United States residents with a United States postal address may participate. Must be at least 18 years of age to become a Member.
6) EMPLOYEES OF HARBOR FREIGHT AND THEIR FAMILY MEMBERS IN THE SAME HOUSEHOLD ARE NOT ELIGIBLE TO PARTICIPATE.
This Agreement was last modified on January 26, 2010.