Last Updated: June 27, 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 aminor 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 persoinal 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 preovide 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 epxeriences. Earn points from shopping, sharing, and redeem thos epoints 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 informarion (first name, last name, email 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 (email, 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 repsonses.
C. Opt-in:
i. Online at www.vans.com by creating an account, providing certain information, including first and last name, mobile phone number (or home phone number if no mobile number), date of birth, and zip code, indicating that you want to be a Vans Family Member, and accepting these Vans Family Terms and Conditions, or if you already have an account at www.vans.com, by logging into your account, indicating that you want to be a Vans Family Member, providing any outstanding information (including mobile phone number (or home phone number if no mobile number), zip code, and date of birth), and accepting these Vans Family Terms and Conditions. You will receive an email 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 participating Vans Stores by providing your email address. After you make this request, you will receive an email requesting that you complete signing up for your Vans Family membership. You will be asked to have, or create, an account online at www.vans.com, which will also be your Program account, provide certain information, including first and last name, mobile phone number (or home phone number if no mobile number), date of birth, and zip code, and accept these Vans Family Terms and Conditions; once you do so, you will be a full Vans Family Member.
iii. On the Vans Family App by creating an account, providing certain information, including first and last name, mobile phone number (or home phone number if no mobile number), date of birth, and zip code, indicating that you want to be a Vans Family Member, and accepting these Vans Family Terms and Conditions, or if you already have an account at www.vans.com, by logging into your account, indicating that you want to be a Vans Family Member, providing any outstanding information (including mobile phone number (or home phone number if no mobile number), zip code, and date of birth), and accepting these Vans Family Terms and Conditions. You will receive an email requesting that you confirm your request to be 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 out Cusotmer Service at (833) 652-3016. If you canel your Vans Family membership, your accrued Points will be forfeited. Cancelling your Vans Famnily membership does not delete your www.vans.com account or your personal information. Please contact Cusotmer 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 $0.83. 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 valule of the prgram 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
When you join Vans Family, it allows you to earn points on your purchases made in the United States at participating Vans full price and outlet retail stores owned by Vans (“Vans Stores”), participating official Vans mobile stores at Vans events, and the Vans website at www.vans.com. You may also earn points by participating in certain special engagement activities announced by Vans from time to time. The Program offers Vans Family Members access to certain benefits, some of which may be received by redeeming points earned.
3. Membership
A. Eligibility: You must be at least 16 years of age, an individual, and a legal resident of the 50 United States or the District of Columbia or Puerto Rico to become a Member of the Program. One account per individual. If you are 16 or older but under the age of 18, you may use the Program and Services only with the approval of your parent or guardian. If you do not so qualify, you are prohibited from accessing, using and registering for the Program. Vans will not collect personally identifiable information from any person that is actually known to us to be a child under the age of 16. 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.
B. How to Join: You may register to become a Vans Family Member by completing the registration process by providing Vans with current, complete and accurate information, as more specifically required by then current registration procedures. By way of illustration and not limitation: prospective Members may be required to provide their first and last name, zip code, legitimate electronic mail address, mobile phone number, and/or certain additional information (such as, for example, preferred contact method, tenure with Vans interest, and products and services of interest); prospective Members will be required to establish an account password; in order to obtain certain aspects of the Program service, Members may also elect to provide access information related to their accounts on social media sites (such as, for example, Twitter, Facebook, and Instagram); and in order to obtain Program services applicable to the Program, Members may elect to receive text messages. You are responsible for maintaining the confidentiality of your access credentials and other account information, and are fully responsible for any and all activities that occur under your account. You agree to ensure that you exit or log out from your account at the end of each session of accessing your account. You agree to notify us immediately by contacting Vans Customer Service at (833) 652-3016 of any unauthorized use of your Member account.
Membership may be applied for in the following ways:
i. Online at www.vans.com by creating an account, providing certain information, including first and last name, mobile phone number (or home phone number if no mobile number), date of birth, and zip code, indicating that you want to be a Vans Family Member, and accepting these Vans Family Terms and Conditions, or if you already have an account at www.vans.com, by logging into your account, indicating that you want to be a Vans Family Member, providing any outstanding information (including mobile phone number (or home phone number if no mobile number), zip code, and date of birth), and accepting these Vans Family Terms and Conditions. You will receive an email 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 participating Vans Stores by providing your email address. After you make this request, you will receive an email requesting that you complete signing up for your Vans Family membership. You will be asked to have, or create, an account online at www.vans.com, which will also be your Program account, provide certain information, including first and last name, mobile phone number (or home phone number if no mobile number), date of birth, and zip code, and accept these Vans Family Terms and Conditions; once you do so, you will be a full Vans Family Member.
Once you make the request to join the Vans Family by providing your email address at a participating Vans Store, you will be considered a Vans Family Member and you may start earning Points for product purchases at participating Vans Stores and online at www.vans.com, but for complete access to all available benefits, you must complete your enrollment as described above and be a full Vans Family Member.
iii. On the Vans Family App by creating an account, providing certain information, including first and last name, mobile phone number (or home phone number if no mobile number), date of birth, and zip code, indicating that you want to be a Vans Family Member, and accepting these Vans Family Terms and Conditions, or if you already have an account at www.vans.com, by logging into your account, indicating that you want to be a Vans Family Member, providing any outstanding information (including mobile phone number (or home phone number if no mobile number), zip code, and date of birth), and accepting these Vans Family Terms and Conditions. You will receive an email requesting that you confirm your request to be a Vans Family Member; once you do so, you will be a full Vans Family Member.
C. Accessing Points Information and all the Benefits of the Program: The Program allows a Member to accumulate and redeem loyalty program points (“Points”), on an individual basis and solely for their own account. The Program is structured to offer certain benefits, some of which may be received by redeeming Points. You can be a Vans Family Member without setting up an account at www.vans.com and earn Points from shopping. However, in order to be able to access Points you have earned or redeem any Points you have earned, you must be a full Vans Family Member, which requires you to set up an account at www.vans.com and accept these Vans Family Terms and Conditions. When setting up the account at www.vans.com, you are responsible for creating a complex password to protect your account and for ensuring that you do not share your password with others.
D. Updating information: You are responsible for providing the correct email address to receive benefits and to ensure proper accounting of Points and receipt of benefits. As a result, each Member is responsible for maintaining accurate and updated personal information, including your email address. You may update your Member information through your Vans account online at www.vans.com, or through the Vans Family App, or by calling: (833) 652-3016. Note that you are not permitted to update your first and last name, email address or Vans.com communication preferences through the Vans Family App. Members may be required to satisfy certain identity verification requirements set by Vans to update their information.
4. Earning Points
A. When you shop at United States participating Vans Stores, participating official Vans mobile stores at Vans events, and the Vans website at www.vans.com you will automatically receive ten (10) Points for every $1 (U.S. Dollars) spent on any eligible product that is purchased (a "Qualifying Purchase," as further described below).** The Points will be added into your Vans Family account after you provide, at the time of your in-store purchase, your email address or phone number associated with your Vans Family account. Points will be added to your account typically within 24-96 hours after your Qualifying Purchase. If you did not provide your email address or phone number at the time of purchase, and it is within thirty (30) days of your 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 previously receive Points for the purchase, the Points may be added into your Program account.
**For the sole purpose of redemption by the Member for Rewards in the Program, each Point has a value of approximately $.001.
B. When making a purchase on www.vans.com, your Points will be added into your Program account after you have signed into your Vans account and completed a Qualifying Purchase. Points will be added to your account typically within 24-96 hours after your Qualifying Purchase. Members who join the Vans Family after making a Qualifying Purchase, have thirty (30) days from the date of the Qualifying Purchase to earn Points for that 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, and upon verification by Customer Service of the purchase and that you did not previously receive Points for the purchase, the Points may be added into your Program account. There is no limit to the number of Points a Member can earn by making Qualifying Purchases.
C. Qualifying Purchases include regular and sale priced merchandise purchased at participating Vans Stores, participating official Vans mobile stores at Vans events, and the Vans website at www.vans.com. No Points are earned when purchasing Gift Cards or eGift Cards from Vans, but you do earn Points when redeeming a Gift Card or an eGift Card at Vans Stores or online at www.vans.com. In addition, no Points are earned for payment of sales tax, gift boxes or wrapping, or for shipping and handling costs. No Points are earned for purchase of Vans branded items at wholesale dealers or at any stores not owned by Vans. Resellers of Vans merchandise or customers who make bulk purchases are not eligible to earn Points or to participate in the Program. Vans reserves the right, and you hereby grant Vans the right, to review account activity for purchase patterns that fall outside the intended use of the Program. Vans has the sole discretion to determine whether a Member’s purchase patterns violates these Terms and if Vans makes such a determination, the Member’s Points will be forfeited and the account may be suspended or terminated at Vans sole discretion.
D. Points may also be earned for participation in certain activities designated and announced by Vans from time to time. 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, and other activities. 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.
E. The Points you have earned through a Qualifying Purchase will be deducted from your overall Points total if the item is returned. You must inform us that you are a Member when you return a Qualifying Purchase for which you earned Points.
F. You cannot give or transfer your Points to anyone else.
G. All of a Member’s unredeemed Points will expire and be forfeited twenty-four (24) months from the date the Member earned those Points (which, for Points earned from Qualifying Purchases, such date shall be the date of the Qualifying Purchase).Vans may but is in no way obligated to provide Member with notice(s) that their Points are subject to expiration and forfeiture. In addition, any unredeemed Points that remain in a Member’s account will expire and will be forfeited if the Program is terminated. Vans reserves the right, without limitation, to terminate, change, limit, modify, or cancel any of the above means of earning Points and the number of Points earned, at any time, with or without notice.
H. Vans’ good faith determination of the amount of Points available to any Member hereunder shall be final and binding.
5. Member Benefits and Rewards
A. Members may be offered certain benefits that they can choose to accept, including, for example, sweepstakes entries, birthday acknowledgments, access to exclusive Customs designs, access to early information about new product releases and early access to special events (collectively, “Benefits”). Benefits may not require the redemption of Points. Members also can redeem Points they have earned for rewards which may include physical rewards, digital rewards, and sweepstakes entries (collectively, “Rewards”). The Benefits and Rewards that are available for a Member to choose from (however, available Rewards will be based on the Points Member has earned) will be displayed in Member’s Vans Family account, which is accessible on the Vans Family App or online at www.vans.com.
B. Benefits and Rewards may be subject to additional terms and conditions and limitations, including for example, a limit to the number of a particular Benefit or Reward a Member can acquire or a limit to the time for accessing the Benefit or Reward or other terms. These additional terms and conditions and limitations shall be established from time to time and are subject to change in Vans’ sole discretion. Physical Rewards are limited to five (5) per day per Member. Please see Benefit and Rewards details for information about other terms and conditions and limitations. Benefits and Rewards may only be available while supplies last, may be limited in quantity, and/or may only be available for a limited time as determined by Vans in its sole discretion. Benefits and Rewards that are no longer available for selection or redemption may be removed from a Member’s Vans Family account (i.e., dashboard). The Benefits and Rewards available to Members will be selected solely in the discretion of Vans. Vans reserves the right to substitute a Benefit or Reward item of comparable or greater value at any time, at its sole discretion. You are responsible for all federal, state and local taxes as well as any other costs or expenses with a Benefit or Reward you receive.
C. Benefits and Rewards have no cash value and are not redeemable for cash and no change/currency will be given for Benefit section or Reward redemption. Once you redeem Points for a Reward, the redemption cannot be reversed and is final. Benefits and Rewards cannot be returned to Vans and no Points will be returned to Members who attempt to return Rewards to Vans. Members cannot redeem Points for merchandise discounts, gift cards, or products sold by Vans, except as may be permitted by Vans subject to any accompanying terms and conditions and lmiitations.
D. Physical Rewards may only be redeemed in a participating Vans Store which has supplies of the physical Reward available for pick up by the Member. In order to redeem a physical Reward, Member must go to a participating Vans Store. If the physical Reward is available, Member must obtain a special code from the store associate and enter it into the Rewards page in their Vans Family account to redeem the Reward. Points will be deducted from their Vans Family account for redeeming the Reward. Vans cannot guarantee the availability of a physical Reward at the Vans Store, even if the Member has redeemed it. Supplies are limited and the Rewards are available while supplies last. In such an event, Vans may choose to provide Member with a reasonable replacement Reward, at Vans’ discretion.
E. Digital Rewards and sweepstakes/contest entries may only be redeemed through the Member’s Vans Family account accessible through the Vans Family App or online at www.vans.com. Points will be deducted from their Vans Family account for redeeming the Reward.With regard to sweepstakes/contest entries, Points will be deducted regardless of whether (or not) the Member wind a prize in the corresponding sweepstakes/contest. Member shall not share their digital Rewards with others.
F. Members are solely responsible for safeguarding their Benefits and Rewards and protecting them from theft and unauthorized use. Vans will not replace lost or stolen Benefits and Rewards.
6. Email and Mobile
A. By registering for the Program, you agree to receive transactional and recurring marketing emails regarding the Program and general marketing and promotional emails about Vans from Vans. These may include information about Program, Points, Benefits and Rewards, Program updates, and other related materials, including promotional email offers and updates about Vans, at the discretion of Vans. Members can adjust the types of emails they receive about the Program in their Program account. Members may not unsubscribe completely from transactional emails of the Program, but can cancel their membership in the Program as described below in the General Terms. Members may unsubscribe from Vans promotional emails at any time via the unsubscribe link in those emails 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.
7. General Terms of the Program
A. Membership in the Program and its benefits are 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, Points and Benefits and Rewards 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. The revisions to the Program that Vans may make include, but are not limited to, any of the following changes: (i) increase or decrease the number of Points earned on a Qualifying Purchase; (ii) increase the number of Points required to earn a Reward; (iii) cease providing a Benefit or Reward; (iv) change the method of becoming a Member; (v) institute or add blackout dates for earning Points or redeeming Rewards.
C. These Terms are void where and to the extent prohibited by law.
D. Membership is limited to one membership per person and per email address. In the event of a dispute over ownership of a Member account, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of registration as determined by Vans. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
E. Abuse of the Program, including failure to abide by these Terms, and failure to abide by Vans website Terms of Use, which are incorporated herein by this reference, the sale or barter (or the attempted sale or barter) of Benefits or Rewards, Points, or promotional offers, excessive returns of Qualifying Purchases, fraud or tampering with any Benefit or Reward, including any survey or poll or sweepstakes entry, and any misrepresentation of fact relating thereto or other improper conduct as determined by Vans in its sole judgment may result in cancellation of a Member's membership and future disqualification from Program participation, forfeiture of all Points accrued, and cancellation of previously issued but unused Benefits or Rewards. At our discretion we may prosecute abuse of the Program to the fullest extent of the law.
F. 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. 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.
G. Points and digital Rewards are not transferable and may not be combined among Members or conveyed by any means to anyone, including through a Member's estate, and may not pass to a Member's successors and assigns. Accrued Points do not constitute property of the Member. Accrued Points are not transferable by the Member upon death, as part of a domestic relations matter, or otherwise.
H. By agreeing to participate in 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 or Benefits or Rewards, or the use of any Benefit or Reward by an individual other than the Member who earned the Benefit or Reward. You further agree through your agreement to participate in the Program to release the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney's fees) relating to your participation in the Program, use of Benefits or Rewards, participation in experiences related to the Program, or agreement to these Terms or any of the Terms and Policies.
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 the Benefits and Rewards. YOU AGREE THAT PARTICIPATION IN THE PROGRAM, MEMBERSHIP IN THE PROGRAM, AND USE OF ANY PRODUCTS OR SERVICES RELATED TO THE PROGRAM, INCLUDING ALL BENEFITS AND REWARDS IN CONNECTION WITH THE PROGRAM, IS ENTIRELY AT YOUR OWN RISK. PROGRAM PRODUCTS, SERVICES, AND BENEFITS AND REWARDS 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 WEBSITES, 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 WEBSITES, AND VANS FAMILY APP, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, VANS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PROGRAM, VANS WEBSITES, 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 WEBSITES, THE VANS FAMILY APP, THE PROGRAM, FROM YOUR INABILITY TO USE THE VANS WEBSITES, THE VANS FAMILY APP, THE PROGRAM, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE VANS WEBSITES, 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 WEBSITES, THE VANS FAMILY APP, THE PROGRAM OR ANY LINKS ON THE VANS WEBSITES AND VANS FAMILY APP, AS WELL AS BY REASON OF ANY THIRD PARTY INFORMATION, ADVICE, OR ADVERTISEMENT RECEIVED THROUGH THE VANS WEBSITES AND VANS FAMILY APP OR THROUGH ANY LINKS ON THE VANS WEBSITES AND VANS FAMILY APP. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS OF LIABILITY ARE 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 WEBSITES, THE 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 Vans Websites or the 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 Websites, 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
Email: 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.
8. Contact Us
If you have any questions about these Terms and Conditions, please contact Customer Service at (833) 652-3016 or email us at US_Customer_Care@vans.com.