Last Updated: October 1, 2023
Vans®, a division of VF Outdoor, LLC (“Vans”) is offering the Vans® Family rewards program (“Vans Family” or the “Program”) through its website accessible at www.vans.com, through mobile application(s) that we make available to access the Program (“Vans Family App”), and through Vans-owned participating stores in the United States (collectively, the “Services”). The Program and Services are subject to the following Program Terms and Conditions (these “Terms”).
By registering to become a member (a “Member” or “you” or “your”) of the Program and by accessing, using or participating in the Program, you (i) represent that you are 16 years of age or older and have the consent of your parent(s) and/or guardian(s) (if minor in your state of residence, generally under 18), and (ii) agree to the Terms.
1. Privacy and Vans Family; Notice of Bona Fide Loyalty Disclosure for Colorado Residents; Notice of Financial Incentive for California Residents
By registering for the Program, or accessing or using the Program and related Services, you consent to the collection, use and disclosure of your personal information as described in the Vans Privacy Policy, as it may be updated from time to time. In the event of any inconsistency between these Terms and the Vans Privacy Policy, these Terms will control.
YOU ARE AGREEING TO THESE TERMS, AS WELL AS THE TERMS OF USE OF THE WWW.VANS.COM WEBSITE, AS MAY BE UPDATED AND AMENDED FROM TIME TO TIME. THE TERMS OF USE OF WWW.VANS.COM ARE INCORPORATED HEREIN BY THIS REFERENCE (COLLECTIVELY, “TERMS AND POLICIES”). SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THESE TERMS AND POLICIES, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THESE TERMS AND POLICIES, THEN DO NOT ACCESS OR USE THE PROGRAM OR RELATED SERVICES. COMPLETING THE REGISTRATION PROCESS OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE PROGRAM OR RELATED SERVICES WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND POLICIES AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND POLICIES. PLEASE READ THE TERMS AND POLICIES CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTION OF DISPUTES THROUGH ARBITRATION RATHER THAN IN COURT.
Notice of Third Parties Who May Receive Your Personal Information
Vans does not sell consumers' personal information for money. Vans does, however, share consumers' personal information with certain third parties in ways that might be considered a "sale" of personal information under certain state laws and regulations, even though Vans does not receive any fee from the third parties in exchange. We do not share your information with third parties who knowingly collect and sell the personal information of consumers to other third parties for money.
When we share information in this way, it is for marketing and advertising purposes or analytics purposes. For example, we allow third parties, who are not our contractors, service providers or affiliates, such as Facebook®, and Google® and other advertising networks, to place technologies (such as cookies) on our websites that collect personal information for purposes of personalizing advertising to users of our websites and other potential customers.
We may also share your personal information with third parties to: facilitate our merger or acquisition activities; facilitate internal audits, dispute resolution or investigations; detect and address actual or potential fraud; or to comply with various legal obligations or other rules to which we are subject.
The categories of personal information (including sensitive personal information) that we share with these third parties for the purpose of analytics and personalized or targeted advertising are: identifiers, contact information, profile information, internet activity, demographic information, physical characteristics (such as your clothing size or shoe size), and location.
By joining Vans Family, you agree that we may share your information in this manner. You can request that your personal information not be sold or shared for the purposes here: Your Privacy Choices.
Notice of Bona Fide Loyalty Program Disclosure for Colorado Residents:
In addition to the other information described in Section 1 regarding the sharing of personal information, we provide the following information to Colorado residents in accordance with applicable law:
i. Bona Fide Loyalty Program Partners and Bona Fide Loyalty Program Benefits provided by each: N/A
ii. If you exercise your right to request deletion of personal information that we have collected from you, we will no longer be able to verify your identity, making it impossible for Vans to ensure we provide benefits to the correct individual. Therefore, if you exercise your right to deletion of personal information, the request will result in a cancellation of your membership in Vans Family.
Notice of Financial Incentive for California residents:
A. Summary of the program: Vans Family is an experiential loyalty program, our way of inviting you to enjoy Off The Wall experiences designed for our biggest fans. As a member of Vans Family, you'll get insider information, exclusive Custom designs and members-only experiences. Earn points from shopping, sharing, and redeem those points for rewards.
B. Material terms: Please review Sections 3. Membership; 4. Earning Points; and 5. Member Benefits and Awards.
The categories of personal information collected to participate in the programs are:
i. Personal information (first name, last name, e-mail address, birthdate, zip, mobile phone)
ii. Purchase history including transactional details
iii. Member profile attributes (shoe size, interests, Vans tenure, etc.)
iv. Mailing address
v. Mini-polls responses/survey responses
vi. Point earnings/redemptions
vii. Account activity and logins
viii. Communication activity (e-mail, app)
ix. Other categories of personal information collected from consumers but not collected for participation in the program include: web browsing behavior; online product reviews (if given); and consumer satisfaction survey responses.
C. Opt-in:
i. Online at www.vans.com by creating a Vans Family Rewards Program Account (“Vans Family Account”), providing your e-mail address and accepting these Vans Family Terms and Conditions. (Depending on when you choose to create a Vans Family Rewards Account, you may be asked to also provide your first and last name, mobile phone number (or home phone number if no mobile number), date of birth, and zip code). If you already have an account at www.vans.com (but NOT a Vans Family Account), by logging into your account, indicating that you want to be a Vans Family Member. (Depending on when you wish to become a Vans Family Member, you may be asked to provide certain additional information if not already in your account at www.vans.com). You will receive an e-mail requesting that you confirm your request to become a Vans Family Member; once you do so, you will be a full Vans Family Member.
ii. At Vans Stores in the United States by providing your e-mail address. After you make this request, you will receive an e-mail requesting that you complete signing up for your Vans Family membership. You will be asked to provide your e-mail address and accept these Vans Family Terms and Conditions. (Depending on when you choose to create a Vans Family Rewards Account, you may be asked to also provide your first and last name, mobile phone number (or home phone number if no mobile number), date of birth, and zip code). You will receive an e-mail requesting that you confirm your request to become a Vans Family Member; once you do so, you will be a full Vans Family Member.
iii. On the Vans Family App by creating a Vans Family Rewards Program Account (“Vans Family Account”), providing your e-mail address and accepting these Vans Family Terms and Conditions. (Depending on when you choose to create a Vans Family Rewards Account, you may be asked to also provide your first and last name, mobile phone number (or home phone number if no mobile number), date of birth, and zip code). If you already have an account at www.vans.com (but NOT a Vans Family Account), by logging into your account, indicating that you want to be a Vans Family Member. (Depending on when you wish to become a Vans Family Member, you may be asked to provide certain additional information if not already in your account at www.vans.com). You will receive an e-mail requesting that you confirm your request to become a Vans Family Member; once you do so, you will be a full Vans Family Member.
D. Opt-out:
You may cancel your Vans Family membership at any time by calling Customer Service at (833) 652-3016. If you cancel your Vans Family membership, your accrued Points will be forfeited. Cancelling your Vans Family membership does not delete your www.vans.com account or your personal information. Please contact Customer Service at (833) 652-3016 with any concerns about your membership; Vans store associated are not able to resolve issues with membership.
E. We administer the program in accordance with the California Consumer Privacy Act (CCPA)
i. The value of the consumer's data collected in connection with the Program that forms the basis for offering this Program is $0.12. To estimate the value of the consumer's data, we measured the expenses related to the offer, provision or imposition of the Program by GAAP accounting of the cost of acquiring the data divided by the number of Program participants.
ii. The value of the program to the consumer is reasonably related to the value provided the business by the consumer's data. To estimate the program value per consumer, we measured fair value of accrual (accounting value) assigned to accumulated points (i.e. the value of the program rewards earned in a year) divided by the number of program participants.
iii. For more information about your personal data, please view the Vans Privacy Policy.
2. Program Overview
In the Vans Family Rewards Program (“Program”), members earn points by making qualifying purchases of Vans merchandise at Vans full price and outlet retail stores owned by Vans (“Vans Stores”), at www.vans.com, on the Vans Family mobile application (“Vans Family App”), and at participating official Vans mobile stores at Vans events. Members may also earn points by participating in certain specified activities. Points can be redeemed by Members for value toward the purchase price of Vans merchandise. The Program may also allow Vans Family Members access to certain benefits and/or non-Reward items, the latter of which require the redemption of points.
3. Membership- Who can Join?
A. Eligibility: The Program is open only to legal resident of the 50 United States or the District of Columbia or Puerto Rico who are at least 16 years of age. If under 18, you may only join the Program with the approval of your parent or guardian.
B. How to Join: You can join the Program at www.vans.com or on the Vans Family App. To join at www.vans.com, create Vans Family Account by providing your e-mail address and creating a unique password. YOU (IF UNDER 18, YOUR PARENT/GUARDIAN) MUST ALSO AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO BECOME A MEMBER OF THE PROGRAM.
To join on the Vans Family App, first download the free Vans Family App from the App Store or Google Play store to a compatible mobile device. Follow the instructions for joining at www.vans.com.
When joining the Program on www.vans.com or the Vans Family App, you may also be required to provide your (i) first and last name); (ii) zip code of your residence; (iii) cell phone number and (iv) date of birth.
After creating a Vans Family Account, you will receive an e-mail requesting that you confirm your request to become a Vans Family Member. Once you do so, you will be a full Vans Family Member which will allow you to redeem Rewards at Vans Stores in the United States in addition to redemption on www.vans.com or the Vans Family App.
To join the Program at a Vans Store, provide your e-mail address to a store associate. JOINING IN-STORE ONLY ENABLES YOU TO EARN POINTS. TO REDEEM POINTS EARNED, YOU MUST CREATE A VANS FAMILY ACCOUNT ON WWW.VANS.COM OR THE VANS FAMILY APP.
NO MEMBERSHIP FEE OR PAYMENT TO VANS IS REQUIRED TO JOIN THE PROGRAM.
C. Vans Family Account Information/Security: It is your sole responsibility to assure that your Vans Family Account information is current and otherwise accurate. You may update your information at www.vans.com, through the Vans Family App, by calling Vans Customer Service at (833) 652-3016 (But, you CANNOT use the Vans Family App to update e-mail address.) Update requests may only be honored by Vans in its sole discretion after verification of your identity. It is also your sole responsibility to immediately inform us of any suspected unauthorized activity in your account by calling Vans Customer Service at (833) 652-3016.
4. Earning Points Via Purchase
A. In General: Members will automatically receive ten (10) Points for every $1 spent on any qualifying purchase (as defined below).
A Qualifying Purchase consists of the purchase of regular and sale priced Vans merchandise at Vans Stores in the United States, participating official Vans mobile stores at Vans events, at www.vans.com, or on the Vans Family App. A Qualifying Purchase includes transactions where payment is made by redeeming gift card(s) in accordance with its terms. The following do NOT constitute a Qualifying Purchase:
- gift card purchases;
- payment of sales or other tax;
- purchase of gift boxes or wrapping;
- shipping and handling fees.
For in-store Qualifying Purchases, the Points will be added to your Vans Family Account at time of Qualifying Purchase as long as you provide the store associate with the e-mail address and mobile phone number associated with your Vans Family Account. For Qualifying Purchases made at www.vans.com or the Vans Family App, the Points will be added to one’s Vans Family Account within 72 hours of shipping the purchased item(s) as long as you are logged into your Vans Family Account at the time of Qualifying Purchase.
If you believe you have made a Qualifying Purchase and did not receive Points for that purchase, you must call Customer Service at (833) 652-3016 within thirty (30) days of such purchase, and upon verification by Customer Service of the purchase and that you did not already receive Points for the purchase and that the purchase is a Qualifying Purchase, the Points will be added to your Vans Family Account.
B. 30 Day Grace Period: If you did not provide your e-mail address or phone number at the time of in-store Qualifying Purchase or were not logged into your Vans Family Account when the Qualifying Purchase was made at www.vans.com, and it is within thirty (30) days of the date of Qualifying Purchase, you may call Customer Service at (833) 652-3016; and upon verification by Customer Service of your purchase and that you did not already receive Points for the purchase and that the purchase is a Qualifying Purchase, the Points will be added to your Vans Family Account.
If you were not a Member of the Program at the time of Qualifying Purchase, and it is within thirty (30) days of the date of Qualifying Purchase, you may join the Program and, after establishment of your Vans Family Account, the corresponding number of Points will be added to your Vans Family Account.
5. Earning Points Via Activity
Points may also be earned for participation in certain activities designated and announced by Vans from time to time perhaps up to a certain maximum number of Points for a designated time period. Example activities could include: connecting with Vans on social media, referring others to Vans Family, completing a survey, taking a quiz, participating in a campaign. Rules for earning points for activities will be defined for each activity when the activity is announced by Vans. Rules may include number of Points earned for the activity, number of times Points can be earned for the activity, maximum number of Points to be awarded to a Member, and criteria for earning Points. Vans reserves the right to make activities and rules for the activities available only to select Members, including VF Corporation employees, and may be based on purchase activity, geographic location, Program participation, and/or information supplied by the Member. Vans reserves the right to add, withdraw, amend, or otherwise change activities and their rules at any time at its sole discretion, with or without notice to Members.
6. Redemption of Points-Rewards
A. Each five hundred (500) Points earned will result in a Reward (as defined below) with a value of five dollars ($5).
A Reward is a value toward the purchase price of merchandise from Vans, which can be redeemed at Vans Stores in the United States, participating official Vans mobile stores at Vans events, www.vans.com, and the Vans Family App.
THE ABOVE SUPERSEDES THE PREVIOUS DEFINITION OF REWARD FOR ALL PURPOSES OF THE PROGRAM.
B. To redeem a Reward, you must follow the prescribed procedure (for redemption at Vans Store, this includes provision of the Reward Tile for the Store associate and utilizing the code provided to you by the Store associate; for redemption on www.vans.com or the Vans Family App, you must be logged into your Vans Family Account). If Member credentials are not provided at time of transaction, Reward CANNOT be redeemed by Member for such transaction at a later time.
C. Redemption of a Reward is subject to Vans’ verification of Member’s identity as determined in Vans’ sole discretion.
D. Points are presently redeemable only in increments of five dollars ($5), ten dollars ($10), fifteen dollars ($15) and twenty dollars ($20). However, Vans reserves the right to accept redemption of Rewards in additional increments from time to time or on an ongoing basis.
E. In all cases, the amount of the Reward must be equal to or less than the amount of the merchandise purchased from Vans. For example, if a Member has a $10 Reward, the Vans merchandise purchase must be no more than $10. Should the amount of the Vans merchandise purchased exceed the amount of the Reward, the Member must pay the difference using another form of payment. However, the amount of the Reward cannot exceed the amount of the Vans merchandise purchased.
F. There is a limit of one (1) Reward redemption per transaction. The entire value of a Reward must be used in a given transaction. Rewards may be combined (or “stacked”) with Vans promo codes, discounts, coupons or promotions except where otherwise expressly indicated by Vans.
G. Upon redemption of Reward, the corresponding number of Points will be deducted from the Member’s Vans Family Account. If merchandise purchased via redemption of Reward is later returned for a refund, the corresponding number of Points will be returned to the Member’s Vans Family Account approximately (72) hours thereafter provided that Points remain after deduction of all other forms of payment (e.g., credit card, cash).
H. Rewards are intended to function solely as a payment toward the listed purchase price of Vans merchandise, are not redeemable for cash and are not currency or legal tender. Rewards are NOT gift cards.
I. POINTS EXPIRE WITHIN ONE (1) YEAR OF DATE OF RECEIPT. IF NOT REDEEMED AS A REWARD BY THE END OF SUCH ONE (1) YEAR PERIOD, POINTS ARE VOID AND FORFEITED. IT IS YOUR SOLE RESPONSIBILITY TO MAINTAIN RECORDS OF THE RECEIPT DATE AND EXPIRATION DATE OF POINTS. VANS MAY IN ITS SOLE DISCRETION SEND OUT NOTIFICATIONS ADVISING OF UPCOMING EXPIRATION DATES FOR POINTS. ANY SUCH NOTIFICATIONS ARE INTENDED PURELY AS A COURTESY TO YOU AND DO NOT CREATE ANY LIABILITY OR OBLIGATION OF ANY KIND ON THE PART OF VANS.
7. Miscellaneous Restrictions on Points
A. Vans reserves the right, without limitation, to terminate, change, limit, modify, or cancel any of the above means of earning Points (either via purchase or activity) and the number of Points earned, at any time, with or without notice.
B. Vans’ good faith determination of the amount of Points available to any Member hereunder shall be final and binding. Vans reserves the right, from time to time, to review Program activity in Vans Family Accounts and make any necessary and appropriate adjustments to correct errors without prior notice. Member will be notified of any adjustment to their Point total or material change to their Vans Family Account after the completion of any such review.
C. Points are valid only for the Member who received them from Vans. Any attempted transfer of Points to another Member is void and will not be honored by Vans. This includes the transfer of Points upon death or as part of a divorce or other domestic relations matter. In addition, Points may not be combined among Members. Points do not constitute property of the Member.
D. In addition to redemption of Points for Rewards, Vans may -- but is in no way obligated to – allow Members to redeem Points for various non-Reward items; such as, physical items, digital items, sweepstakes or contest entries. Rules for redeeming Points for non-Reward items will be defined by Vans at the time of announcement. Such Rules may include the number of Points required for redemption of the non-Reward item, any additional cost or requirement to a Member in claiming the non-Reward item, the number of non-Reward items a given Member may claim as part of a given offer or over a designated period of time. Once you redeem Points for a non-Reward item, the redemption cannot be reversed, is final and the Points cannot be used as a Reward. By redeeming Points for a non-Reward item, you are forfeiting the right to use those Points for a Reward.
8. Member Benefits
Members may be offered certain benefits that they can choose to accept, including, for example, promotions, shipping benefits, access to exclusive products, access to early information about new product releases and early access to special events (collectively, “Benefits”). Benefits may be subject to rules, including for example, a limit to the number of a particular Benefit a Member can acquire or a limit to the time for accessing and/or redeeming the Benefit.
9. Additional Restrictions on Benefits and non-Reward Items
A. Benefits and non-Reward items (i) will be selected solely in the discretion of Vans and (ii) may be available only to certain Members. Vans may also make Benefits and non-Reward items available only in limited quantities (i.e., “while supplies last”); and, in such case, Vans will have no liability or obligation once the supplies of Benefits/non-Reward Items has been exhausted.
B. Vans reserves the right to substitute a Benefit or non-Reward item of comparable or greater value at any time, at its sole discretion. The Member is solely responsible for any applicable taxes and other costs/expenses incurred in accepting a Benefit or non-Reward item.
C. Benefits and non-Reward Items have no cash value and are not redeemable for cash. To the extent applicable, Benefits and non-Reward items cannot be returned to Vans once issued.
D. Members are solely responsible for safeguarding their Benefits and non-Reward items and protecting them from theft and unauthorized use. Vans will not replace lost or stolen Benefits and non-Reward items.
10. E-mail and Mobile
A. By registering for the Program, you agree to receive transactional and recurring marketing e-mails regarding the Program and general marketing and promotional e-mails about Vans from Vans. These may include information about Program, Points, Benefits and Rewards, Program updates, and other related materials, including promotional e-mail offers and updates about Vans, at the discretion of Vans. Members may not unsubscribe completely from transactional e-mails of the Program, but can cancel their membership in the Program as described below in the General Terms. Members may unsubscribe from Vans promotional e-mails at any time via the unsubscribe link in those e-mails without affecting their participation in Vans Family.
B. Certain Services within the Program are, or may be available through a mobile device, including but not limited to the Vans Family App. Your wireless carrier’s message and data rates may apply. Please consult your service agreement with your wireless carrier to determine your mobile device’s pricing plan. Services in the Program may not be compatible with all mobile devices and Vans disclaims any and all liability in conjunction therewith.
11. General Terms of the Program
A. The Program is offered at the sole discretion of Vans, which reserves the right to terminate, change, limit, modify, or cancel any Program rules, regulations, benefits, or conditions of participation at any time, with or without notice. In the event of cancellation, to the fullest extent permitted by law, Points, Rewards, Benefits and non-Reward items earned up to the date of cancellation will be cancelled and forfeited as determined by Vans in its sole discretion.
B. Electing to remain a Member after a change in the Terms constitutes your acceptance of the revised Terms. While Vans may alert Members to a change in the Terms, Vans is in no way obligated to do so and refraining from sending any such notification (or its content) does not create any liability on the part of Vans. The revisions to the Program that Vans may make include, but are not limited to: (i) increase or decrease the number of Points earned on a Qualifying Purchase; (ii) modification of the definition of Qualifying Purchase; (iii) increase the number of Points required to earn a Reward; (iv) cease providing a Benefit; (v) change the method(s) of becoming a Member; (vi) institute or add blackout dates or other restrictions on earning Points and/or redeeming Rewards.
C. These Terms are void where and to the extent prohibited by law.
D. Resellers of Vans merchandise or customers who make bulk purchases are not eligible for the Program. Employees of all VF Corporation and its brands are eligible to become Members of the Program, but may be excluded from certain promotions, offers and/or activities. Vans may refuse to offer or continue offering Program access or services to any person or entity and may change its eligibility criteria from time to time. Vans may refuse to accept any application to register as a Member in its sole discretion.
E. Membership is limited to one membership per person and per e-mail address. In the event of a dispute over ownership of a Member’s Vans Family Account, the Member will be declared to be the authorized account holder of the e-mail address submitted at the time of registration as determined by Vans in its sole discretion. “Authorized account holder" is the natural person who is assigned to the submitted e-mail address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
F. Abuse of the Program may result in cancellation of a Member's membership and future disqualification from Program participation, forfeiture of all Points/unused Rewards earned by such Member, non-Reward items and unused Benefits. Vans may also prosecute abuse of the Program to the fullest extent of the law. The following are examples of abuse of the Program:
i. failure to abide by the Terms or the Terms of Use of www.vans.com,which are incorporated herein by this reference;
ii. the sale or barter (or the attempted sale or barter) of Points/Rewards, Benefits or non-Reward items;
iiI. excessive returns of Qualifying Purchases;
iv.fraud or tampering of any kind;
v. any misrepresentation of fact relating thereto or other improper conduct as determined by Vans in its sole judgment.
G. You may cancel your Vans Family membership at any time by calling Customer Service at (833) 652-3016. If you cancel your Vans Family membership, your Points/unused rewards will be forfeited. Canceling your Vans Family membership does not delete your www.vans.com account. Please contact Customer Service (833) 652-3016 at with any concerns about your membership; Vans store associates are not able to resolve issues with membership.
H. By joining the Program, you release VF Outdoor, LLC, its parent and subsidiaries and affiliate entities and vendors, and their respective, directors, officers, employees and agents (the "Released Parties") from all liability with respect to the misdirection or misuse of any Points, Rewards, Benefits or non-Reward items, or the use of any Points, Rewards, Benefits or non-Reward items as well as from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney's fees) relating to your participation/membership in the Program, use of Points, Rewards, Benefits or non-Reward items.
I. The Released Parties make no warranty or condition, express or implied, including, but not limited to, any warranties or conditions of merchantability or fitness for a particular purpose with respect to Program, membership in Program, or any products or services related to Program, including Points, Rewards, Benefits and non-Reward items. YOU AGREE THAT PARTICIPATION IN THE PROGRAM, MEMBERSHIP IN THE PROGRAM, AND USE OF ANY PRODUCTS OR SERVICES RELATED TO THE PROGRAM, INCLUDING ALL POINTS, REWARDS, BENEFITS AND NON-REWARD ITEMS IN CONNECTION WITH THE PROGRAM, IS ENTIRELY AT YOUR OWN RISK. PROGRAM PRODUCTS, SERVICES, AND POINTS, REWARDS, BENEFITS AND NON-REWARD ITEMS ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, VANS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PROGRAM, THE VANS WEBSITE (WWW.VANS.COM), AND VANS FAMILY APP. TO THE FULLEST EXTENT PERMITTED BY LAW, VANS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED IN THE PROGRAM, ON THE VANS WEBSITE (WWW.VANS.COM), AND VANS FAMILY APP, OR ACCESSED THROUGH ANY LINKS ON THE VANS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, VANS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PROGRAM, VANS WEBSITE (WWW.VANS.COM) AND VANS FAMILY APP. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
UNDER NO CIRCUMSTANCES SHALL VANS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF VANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR MISUSE OF THE VANS WEBSITE (WWW.VANS.COM), VANS FAMILY APP, THE PROGRAM, FROM YOUR INABILITY TO USE THE VANS WEBSITE (WWW.VANS.COM), THE VANS FAMILY APP, THE PROGRAM, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE VANS WEBSITE (WWW.VANS.COM), THE VANS FAMILY APP, OR THE PROGRAM. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE VANS WEBSITE (WWW.VANS.COM), THE VANS FAMILY APP, THE PROGRAM OR ANY LINKS ON THE VANS WEBSITE (WWW.VANS.COM) AND VANS FAMILY APP, AS WELL AS BY REASON OF ANY THIRD PARTY INFORMATION, ADVICE, OR ADVERTISEMENT RECEIVED THROUGH THE VANS WEBSITE (WWW.VANS.COM) AND VANS FAMILY APP OR THROUGH ANY LINKS ON THE VANS WEBSITE AND VANS FAMILY APP. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT APPLICABLE WITHIN THE STATE OF NEW JERSEY. IN ADDITION, CERTAIN OTHER JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD VANS, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, VENDORS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR SUBMISSIONS; YOUR THIRD PARTY EVENT, WEBSITE OR ORGANIZATION; YOUR MISUSE OF THE VANS WEBSITE (WWW.VANS.COM), VANS FAMILY APP, AND THE PROGRAM; YOUR VIOLATION OF THE TERMS AND POLICIES; YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN; OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. THE FOREGOING INDEMNIFICATION PROVISIONS SHALL NOT APPLY TO VANS’ OWN NEGLIGENCE OR INTENTIONAL CONDUCT.
J. To the fullest extent permitted by law, the Program and these Terms and any claim or dispute arising out of or relating to the same, or your use of www.vans.com or Vans Family App will be governed by and construed under the substantive laws of the State of California, without reference to conflict-of-laws considerations. In the event that the laws of the jurisdiction in which you reside require that the laws of such jurisdiction apply to these Terms, the foregoing governing law shall not apply to you. In the event that the laws of the jurisdiction in which you reside prohibit Points earned in a loyalty program from expiring, then any balance of unredeemed Points will carry forward until such Points are redeemed for a Reward according to these Terms, provided, however, if you fail to make a Qualifying Purchase within one year of your last Qualifying Purchase, all Points will be forfeited.
Any dispute or claim relating in any way to the Vans website (including www.vans.com), Vans mobile applications, including the Vans Family App, the Program and any Vans products, services, any dealings with us and our customer service agents, any representations made by us, and/or your use of our websites (including without limitation claims relating to the breach of these Terms, the www.vans.com website Terms of Use, Privacy Policy or the unauthorized disclosure of personally identifiable information) will be resolved by binding arbitration, rather than in court, except that you may assert individual claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual basis. This includes any dispute or claim you assert against our sister-brands, subsidiaries, affiliates and assigns. This also includes any dispute or claim that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises.
Unless you proceed with a small claims action, the Federal Arbitration Act and federal arbitration law will apply. The arbitration will be held in Orange County, California or any other place agreed upon at the time by the parties. 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 as a court would. If for any reason a claim proceeds in court rather than in arbitration, WE BOTH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Unless we both agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described in the previous paragraph and we both agree that, in such an event, all claims shall be subject to the exclusive jurisdiction of the state or federal courts in Orange County, in the State of California, and you hereby consent and submit to the personal jurisdiction of such courts, waiving any right of change of venue or forum nonconveniens. Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association’s (“AAA”) rules, except as provided in this section. If your total claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
If any provision of these Terms is held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
If a dispute arises we strongly encourage you to first contact our Customer Service Department before starting arbitration or filing a claim in small claims court. We value our relationships with our customers and will try to resolve your claims informally and quickly.
If your dispute is not resolved by Customer Service, before beginning arbitration, please send written notice describing the claim to the Office of the General Counsel at the following address:
Vans, a division of VF Outdoor, LLC
ATTN: General Counsel
1558 South Coast Drive
Costa Mesa, CA 92626
E-mail: US_Customer_Care@vans.com
If the claim has not been resolved within 30 days of sending the notice you may then commence an arbitration proceeding. The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and forms are available at www.adr.org or by calling 877-495-4185.
12. Contact Us
If you have any questions about these Terms and Conditions, please contact Customer Service at (833) 652-3016 or e-mail us at US_Customer_Care@vans.com.