BAUER MVP LOYALTY PROGRAM

TERMS AND CONDITIONS

Last Updated: August 28, 2023

By joining the BAUER MVP Loyalty Program (“BAUER MVP”), you agree to be bound by these Bauer MVP Loyalty Program Terms and Conditions (“BAUER MVP Terms”). Bauer Hockey reserves the right to unilaterally amend these BAUER MVP Terms, subject to Section H of these BAUER MVP Terms. Bauer Hockey recommends checking the BAUER MVP Site and the BAUER MVP Terms regularly for updates.

If you are eligible but under the age of majority, you must have permission from your parent/legal guardian to enroll and be bound by these BAUER MVP Terms.

In the event of any conflict between any details contained in these Terms and details contained in other materials relating to BAUER MVP (excluding the BAUER MVP Sweepstakes Official Rules found here, and any Specific Sweepstakes Terms promulgated thereunder), the details of BAUER MVP as set forth in these BAUER MVP Terms shall prevail.

BAUER MVP is brought to you by Bauer Hockey, LLC, 100 Domain Dr., Exeter, NH 03833 and Bauer Hockey Ltd. 55 Standish Court – 7th floor, Mississauga, Ontario, CANADA, L5R 4B2 (together, “Bauer Hockey,” “Sponsor,” “we,” “us” or “our”). The applicable website for BAUER MVP, where the BAUER MVP Terms can be found and where Members (as defined hereinafter) can review their activity in BAUER MVP is https://www.bauer.com/pages/loyalty in the United States (the “U.S. Site”) and https://ca.bauer.com/pages/loyalty in Canada (the “Canadian Site”). For purposes of these BAUER MVP Terms, the U.S. Site and the Canadian Site shall be referred to collectively as the “BAUER MVP Site”).

BY CREATING A BAUER MVP ACCOUNT AND ENROLLING IN BAUER MVP, YOU AGREE THAT: (1) YOU HAVE READ, UNDERSTOOD, ACCEPT, AND AGREE TO ABIDE BY THESE BAUER MVP TERMS; (2) YOU ARE ELIGIBLE FOR PARTICIPATION IN BAUER MVP; AND (3) AS APPLICABLE, YOU CONSENT TO SPONSOR’S PROCESSING OF ANY AND ALL DATA THAT IS PERSONAL TO YOU, AND THE DISCLOSURE OF SUCH DATA TO THIRD PARTIES, IN ACCORDANCE WITH THESE BAUER MVP TERMS AND SPONSOR’S PRIVACY POLICY LOCATED AT EITHER HTTPS://BAUER.COM/PAGES/PRIVACY-POLICY OR HTTPS://CA.BAUER.COM/PAGES/PRIVACY-POLICY. IF YOU REQUIRE CLARIFICATION OR FURTHER INFORMATION REGARDING BAUER MVP OR THESE BAUER MVP TERMS, PLEASE SEND AN EMAIL TO US BAUERMVP@BAUER.COM.

IMPORTANT: YOU UNDERSTAND AND ACKNOWLEDGE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE BAUER MVP TERMS CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON BAUER HOCKEY’S LIABILITY, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS REGARDING BAUER MVP. PLEASE CAREFULLY READ AND UNDERSTAND THESE BAUER MVP TERMS.

IF YOU DO NOT AGREE TO THESE BAUER MVP TERMS, DO NOT SET UP A BAUER MVP ACCOUNT, OR IF YOU HAVE ALREADY SET UP A BAUER MVP ACCOUNT, PLEASE TERMINATE YOUR BAUER MVP ACCOUNT AS SET FORTH BELOW AND DO NOT PARTICIPATE IN BAUER MVP.

Sections:

About BAUER MVP

Eligibility for BAUER MVP

Enrollment

Member Tier Assignments

Earning Points

Account Termination

Account and Point Verification

Modification or Termination of BAUER MVP

Limitation of Liability and Disclaimers

Mandatory Arbitration and Class Action Waiver

Governing Law

Miscellaneous

ABOUT BAUER MVP

1. Overview of BAUER MVP. BAUER MVP is a loyalty program offered at the sole discretion of Bauer Hockey and through which eligible individuals who enroll in BAUER MVP (“Members,” also referred to in these BAUER MVP Terms individually as “you” or “your” or collectively as “they” or “their”) can set up an online BAUER MVP Account (“BAUER MVP Account” or “Account”). As a Member you can earn points (“Points”) as set forth in Section E, below, that will be used to determine your membership Tier as explained in Section D, which determines the benefits you are eligible to receive (“Member Benefits”). Notwithstanding any other provision in these BAUER MVP Terms, Points cannot be exchanged nor redeemed in connection with BAUER MVP (for greater certainty, Points cannot be exchanged for money, goods, services nor credit), and have no exchange value nor cash value. Once received, Points do not expire and cannot be forfeited; however, once earned, Points merely establish which membership Tier the Member will participate in for the calendar year following acquisition of the Points needed for a particular membership Tier, as further explained in Section D.

2. Privacy. All information submitted by you in connection with BAUER MVP will be treated according to the Bauer Hockey privacy policy found at https://www.bauer.com/pages/privacy-policy or https://ca.bauer.com/pages/privacy-policy (“Privacy Policy”). Personal Information collected as part of Bauer MVP may include (but is not limited to) your name, email address, mailing address, phone number, date of birth, shopping/purchase history, online behavior, email engagement, point earning history, point redemption history, and survey response data. Any of the categories of Personal information collected as part of Bauer MVP may be used for advertising purposes, as set out in our privacy policy, but you may opt-out of Ad Targeting (Cross Contextual Advertising) and remain a member of Bauer MVP. Bauer does not share your Personal Information collected through the Bauer MVP Loyalty Program with third parties, and Bauer does not provide your Personal Information to data brokers. Please see our Privacy Policy and Bauer’s Notice of Financial Incentive for more information about Personal Information we may collect or the value of Personal Information provided as part of Bauer MVP. By registering for BAUER MVP, you agree to receive e-mail communications about BAUER MVP. During registration and at other times, you may be able to opt-in to receive text communications about BAUER MVP and other Bauer Hockey offers and marketing communications. You can opt-out of receiving e-mail or text communications at any time, but you may not receive information about Bauer MVP or your Member Benefits. However, opting out of Bauer MVP e-mail or text communications (or targeted advertising) does not remove you from receiving transactional e-mails related to Bauer MVP or impact your ability to continue earning other Points or Member Benefits. If you would like us to delete your information, but you would like to continue to participate in BAUER MVP, we may need to retain certain information (such as your name and email address) so that we can continue to provide the loyalty program and benefits.

3. Cancelling Membership in BAUER MVP. You may cancel your participation in BAUER MVP at any time by emailing bauermvp@bauer.com and requesting to cancel your membership in BAUER MVP. By canceling your membership in BAUER MVP, you will forfeit all Member Benefits (with no compensation) and will no longer be eligible for BAUER MVP; however, you will still have a Shopping Account to use for shopping purposes with the same log in credentials at Bauer.com (the “U.S. Bauer Website”) or CA.Bauer.com (the “Canadian Bauer Website”), subject to the Terms and Conditions, Privacy Policy, and Security Policy posted on those websites (collectively “Bauer Website Terms”), as may be updated from time to time. For purposes of these BAUER MVP Terms, the U.S. Bauer Website and the Canadian Bauer Website shall be referred to collectively as the “Bauer Website.”

ELIGIBILITY FOR BAUER MVP

1. In order to sign up and participate in BAUER MVP, you must be at least 16 years old or older and a legal resident of the United States (including D.C.) or Canada (“Eligible Members”). BAUER MVP is void where prohibited.

2. By creating a BAUER MVP Account, you agree that you meet the eligibility criteria and that you will be bound by, and will comply with, these BAUER MVP Terms. If you are eligible but under the age of majority in the jurisdiction in which you reside, you confirm that you have permission from your parent or legal guardian to enter and to be bound by these BAUER MVP Terms.

3. Employees, officers and directors, and anyone else with a recurring discount from Sponsor are not eligible for BAUER MVP.

4. BAUER MVP is only open to individuals who meet the eligibility requirements and are participating for personal, non-commercial purposes. Groups, clubs, organizations, businesses, and commercial and non-commercial entities cannot participate in BAUER MVP and are not eligible to create a BAUER MVP Account, earn Points, or participate in Member Benefits.

ENROLLMENT

To enroll in BAUER MVP, eligible individuals who do not already have an account set up for shopping on the Bauer Website (“Shopping Account”) may create a BAUER MVP Account (which includes a Shopping Account) by visiting the BAUER MVP Site and creating a BAUER MVP Account by providing their own personal email address, first and last name, date of birth, and creating a password. There is no purchase required to create a BAUER MVP Account. Once a BAUER MVP Account is created, a Member may not change the email address associated with the Account. If your email address changes, contact bauermvp@bauer.com for assistance creating a new Bauer MVP Account (you may lose benefits associated with your prior Account). Members will be designated as either a Canadian Member or a U.S. Member depending on their geographic location at the time of enrollment based on geolocation. If a Member is assigned to a geographic location based on geolocation that is inconsistent with their residency, they may email bauermvp@bauer.com to request their membership status be updated to the geographic location of their residency, subject to providing proof of residency, in Sponsor’s sole discretion. If after signing up for a BAUER MVP Account, and before engaging in any BAUER MVP activities, a Member decides that they prefer to maintain a Shopping Account to make purchases at the Bauer Website without participating in BAUER MVP, such Member may opt out of BAUER MVP by following the directions on the BAUER MVP Site, in which case such Member will still have a Shopping Account with the same log in credentials, subject to the Bauer Website Terms.

Where permissible by law, eligible individuals who have a Shopping Account prior to the launch of BAUER MVP (“Pre-existing Bauer Account”) may be notified by email regarding BAUER MVP and given the opportunity to update their Pre-existing Bauer Account to a BAUER MVP Account by accepting these BAUER MVP Terms. An eligible individual with a Pre-existing Bauer Account who does not receive an email notification may still update their Pre-existing Bauer Account at any time simply by visiting the BAUER MVP Site, logging into their Pre-existing Bauer Account, and accepting the BAUER MVP Terms. If a Pre-existing Bauer Account holder does not update to a BAUER MVP Account, their Pre-existing Bauer Account will remain a Shopping Account that is not part of BAUER MVP.

By signing up for or updating to a BAUER MVP Account, and/or participating in BAUER MVP, you fully and unconditionally agree to these BAUER MVP Terms. If you fail to comply with these BAUER MVP Terms, as determined by Sponsor in Sponsor’s sole discretion, you can be: (a) terminated from BAUER MVP, (b) prohibited from participating in all or portions of BAUER MVP, and (c) forfeit all or a portion of your Member Benefits, without compensation (all as determined by Sponsor in its sole discretion, and subject to applicable law).

There is a limit of one BAUER MVP Account per person and per email address, regardless of whether more than one person uses the same e-mail address. Sponsor reserves the right to delete a BAUER MVP Account (and all Member Benefits associated with such BAUER MVP Account, without compensation) if the same Member is found to have set up multiple BAUER MVP Accounts, or if the same email address is found to be associated with multiple BAUER MVP Accounts. Points earned from different BAUER MVP Accounts may not be merged, shared or transferred, even if the same person or email address is associated with those different BAUER MVP Accounts.

You are responsible for providing and maintaining accurate information (including without limitation contact information) in connection with your BAUER MVP Account.

MEMBER TIER ASSIGNMENTS

1. There are different point thresholds that define tiers in BAUER MVP, and which vary for Canadian Members and U.S. Members (each a “Tier”).

2. Table D.1 shows the Tiers and the Points required for each Tier, depending on whether a Member is a Canadian Member or a U.S. Member.

3. The Member Benefits that a Member is eligible for are determined by the Tier to which a Member is assigned. Table D.2 shows the Member Benefits associated with each Tier.

4. Once assigned to a Tier, a Member is guaranteed to stay in that Tier for 365 days (a “Tier Term”). Once a Member is assigned to a Tier, the Member cannot be downgraded to a lower Tier for the next 365 days, but can be upgraded to a higher Tier (if one exists, as set forth in these Bauer MVP Terms), based on the processes detailed in Section D.6., below, which will start a new Tier Term.

5. As a Member earns Points by participating in BAUER MVP (as detailed in Section E), Sponsor will track those Points in the Member’s Account. Sponsor will calculate different Points totals as follows:

6. All new Members will be assigned to Tier One when they join BAUER MVP, and their first Tier Term will commence on joining BAUER MVP. Thereafter, the Tier that a Member is currently assigned to will be determined by their Points Earned During their Current Tier Term or by the Points Earned Year to Date or their Points Earned During the Prior Tier Term, as further detailed in Sections 6.a through 6.c, below.

a. For Members who start a Tier Term assigned to Tier One, if at any time the Member’s Points Earned During Current Tier Term reach the threshold for Tier Two, the Member will be upgraded and re-assigned to Tier Two, and the Member is guaranteed to remain in Tier Two for a Tier Term that will start the day the Member is moved to Tier Two (unless the Member is reassigned to Tier Three within that Tier Term).

i. If that Member who moved from Tier One to Tier Two during their Tier Term reaches Tier Three status based on their Points Earned Year to Date total, they will be re-assigned to Tier Three and a new Tier Term will commence.

b. For Members who start a Tier Term assigned to Tier Two, if at any time the Member’s Points Earned During Current Tier Term reaches the threshold for Tier Three, the Member will be upgraded and re-assigned to Tier Three, and is guaranteed to remain in Tier Three for a Tier Term that will start the day the Member was reassigned to Tier Three.

c. At the end of the Member’s current Tier Term, regardless of what Tier they are in, they will be assigned to a Tier for the next Tier Term based on their Points Earned During the Prior Tier Term.

7. A Member’s Tier will not change until the Points have been processed and posted to the Member’s BAUER MVP Account. As soon as the Points appear in the Member’s Bauer MVP Account, if the Member reaches a new Tier, the Member will be eligible for all Member Benefits in the new Tier. The time it takes for Points to be processed and to appear in a Member’s BAUER MVP Account varies depending on the activity and current Member activity levels, are in Sponsor’s sole discretion, and may not be appealed.

8. Sponsor reserves the right to advance a Member to a higher Tier, in its sole discretion, for one or more Tier Terms.

9. Member Benefits are subject to change, discontinuation, limitation, and/or addition in Sponsor’s sole discretion and with or without advance notice, as permitted by these BAUER MVP Terms and by applicable law.

 

Table D.1 

Points Required by Tier 

Jurisdiction   Points   per year (rolling 12 months)	Tier One Points	Tier Two Points	Tier Three Points
United States	0-499	500-1499	1500+
Canada	0-649	650-1999	2000+

 

Table D.2  

Member Benefits by Tier 

(Items 1-4 apply to Bauer Website)	Tier One	Tier Two	Tier Three
Free Shipping on Orders > $99   (excludes bulky items, items with surcharges, or other items having additional shipping costs)		X	X
Free shipping, no minimum  (excludes bulky items, items with surcharges, or other items having additional shipping costs)			X
Free returns  (on Bauer.com purchases; excludes bulky items, items with surcharges, or other items having additional return shipping costs)	X	X	X
Early access to seasonal sales	X	X	X
Product Feedback Opportunities			X
Exclusive Bauer Events			X
Entries (“Shots”) into Sweepstakes	5 Site Shots per Promotional Period (as defined in the BAUER MVP Sweepstakes Official Rules found here)	10 Site Shots per Promotional Period (as defined in the BAUER MVP Sweepstakes Official Rules found here)	20 Site Shots per Promotional Period (as defined in the BAUER MVP Sweepstakes Official Rules found here)

 

EARNING POINTS

1. Ways to Earn Points

Action	Points Earned USA	Points Earned Canada	One time only?
Create a BAUER MVP Account	100	150	Y
Subscribe to marketing emails	100	150	Y
Sign up for SMS text messaging	100	150	Y
Eligible Bauer Social Account  follows	10/ Eligible Bauer Social Account	15/ Eligible Bauer Social Account	Y
Complete the first profile questionnaire (when it becomes available)	200	275	Y
Refer a friend	25 per completed customer referral	40 per completed customer referral	N
Purchase Bauer Merchandise	1 Point/$1 spent	1 Point/$1 spent	N
Participate in limited time bonus point activities	Announced in marketing materials	Announced in marketing materials	N

ACCOUNT TERMINATION

1. You may cancel or terminate your BAUER MVP Account and enrollment in BAUER MVP at any time by emailing bauermvp@bauer.com and requesting to cancel your membership. If you terminate your BAUER MVP Account, all of your accrued Member Benefits will be forfeited as of the date of termination, with no compensation.

2. Sponsor may cancel or terminate your Membership and BAUER MVP Account if it determines you (a) do not meet the eligibility requirements; (b) are violating or have violated any of the BAUER MVP Terms; (c) are engaging in any deceptive practices, fraud or abuse of BAUER MVP, including without limitation, purchasing Bauer Merchandise to accumulate Points and returning such merchandise without notification to Bauer; or (d) are engaging in other practices that are counter to the purposes and goals of BAUER MVP, all as determined by Sponsor in Sponsor’s sole discretion.

ACCOUNT AND POINT VERIFICATION

1. Members are responsible for ensuring the accuracy and confidentiality of their BAUER MVP Account and password, and are responsible for any and all activity that occurs in their BAUER MVP Account, Shopping Account, or with use of their password, use of their Receipts (only Members may upload their Receipts, and Receipts may only be uploaded one time), or breach of security. If you believe your BAUER MVP Account or Points balance is not accurate or was incorrectly applied to your BAUER MVP Account, you should contact Sponsor at bauermvp@bauer.com. Requests and inquiries must be received by Sponsor within thirty (30) days of the questioned activity. Sponsor may require documentation to prove that Points were earned and should have been applied to a BAUER MVP Account. For this reason, you should keep all receipts from your Bauer Merchandise purchases until Points have been credited to your BAUER MVP Account. Failure to provide the requested documentation may result in loss of Points. All decisions regarding Point balances, forfeitures and anything else relating to BAUER MVP are within Sponsor’s sole discretion and are final and binding.

2. All Qualifying Purchases of Bauer Merchandise, Points, Member Benefits, Tiers any anything else relating to BAUER MVP are subject to verification at any time and for any reason. Sponsor reserves the right, in its sole and absolute discretion, to require proof of purchase, identity and/or eligibility. Failure to provide such proof to the complete satisfaction of Sponsor within the timeline specified by Sponsor, may result in disqualification, termination and/or forfeiture of Points or Member Benefits in the sole and absolute discretion of the Sponsor, as allowed by law. Sponsor may, in its sole discretion, determine the validity of any purchase, Qualifying Purchase, Qualifying Dollar Spent, Points awarded, Member Benefit and/or the eligibility of any Member.

3. The transfer, sale, assignment, auction, trade or barter (or the attempt to do so) of BAUER MVP Accounts, Points or any other benefit of membership in BAUER MVP may result in termination of the BAUER MVP Account and forfeiture of any Points or Member Benefits, without compensation, in Sponsor’s sole discretion. BAUER MVP Accounts, Points and Member Benefits have no cash value and are not exchangeable nor redeemable, including without limitation not exchangeable nor redeemable for cash.

MODIFICATION OR TERMINATION OF BAUER MVP

1. Except where prohibited by law, Sponsor reserves the right to change, modify, discontinue or cancel BAUER MVP or any part of BAUER MVP, including these BAUER MVP Terms, including but not limited to: (i) eligibility criteria; (ii) Tiers or the benefits associated thereto; (iii) Qualifying Purchases, and the definition of Qualifying Purchases; (iv) the way in which Points are earned, tracked or allocated to determine Tier assignments; (v) adding, withdrawing, limiting or modifying any Member Benefit available under BAUER MVP – all at any time and in its sole discretion, and without prior notice to Member, except where required by law.

2. For Members who are not residents of the province of Quebec, Canada: Members waive any right to receive notice of such changes or modifications, and a Member’s continued access to or participation in BAUER MVP following any changes or modifications confirms the Member’s acceptance.

For Members who are residents of the province of Quebec, Canada: you will be provided with written notice of any changes to these BAUER MVP Terms between 60 and 90 days before it takes effect if the change pertains to an essential element of BAUER MVP, and at least 30 days before it takes effect in the case of any other change.

3. If the Member does not agree to these BAUER MVP Terms, he/she must stop accessing and participating in BAUER MVP. A Member’s continued participation in BAUER MVP, including use of a BAUER MVP Account or Member Benefits, indicates acceptance of these BAUER MVP Terms. Subject to applicable law and to these BAUER MVP Terms, it is the Member’s responsibility to check the BAUER MVP Terms to see if they have changed (the effective date at the outset of the BAUER MVP Terms will be adjusted with a change).

4. If BAUER MVP is terminated, any Member Benefits associated with a BAUER MVP Account will be forfeited without compensation. Subject to applicable law, Points and Member Benefits will not carry over or transfer to other Sponsor programs (if any), unless otherwise determined by Sponsor in its sole discretion.

LIMITATION OF LIABILITY AND DISCLAIMERS

1. BY PARTICIPATING IN BAUER MVP, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH MEMBER, ON BEHALF OF THEMSELVES, THEIR EXECUTORS, HEIRS, AND ASSIGNS ACCEPTS ALL RESPONSIBILITY FOR, AND HEREBY RELEASES AND AGREES TO INDEMNIFY AND HOLD HARMLESS SPONSOR, ITS PARENT, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, RETAILERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURY, LOSS, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISE OUT OF, OR IS IN ANY WAY CONNECTED WITH, (A) PARTICIPATION IN BAUER MVP OR ANY PROMOTION OR SWEEPSTAKES OFFERED IN CONNECTION THEREWITH; (B) THE POSSESSION, USE OR MIS-USE OF A MEMBER BENEFIT; (C) USE OF THE BAUER MVP SITE; (D) ANY FAILURE OR DELAY BY SPONSOR IN CONNECTION WITH BAUER MVP (INCLUDING WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, THE BAUER MVP SITE AND ANY TYPOGRAPHICAL, PRINTING, MECHANICAL, NETWORK, ELECTRONIC, HUMAN, OR OTHER ERRORS, ERRORS THAT MAY OCCUR IN CONNECTION WITH THE ADMINISTRATION OF BAUER MVP, THE ACCRUAL OF POINTS OR MEMBER BENEFITS, THE INCORRECT PROCESSING OF POINTS, THE INCORRECT TABULATION OF POINTS, OR ANY INACCURATE OR INCORRECT DATA CONTAINED ON THE BAUER MVP SITE OR IN A BAUER MVP ACCOUNT; OR (E) THE PERFORMANCE OR NON-PERFORMANCE OF BAUER MVP BY SPONSOR, EVEN IF MEMBER OR SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. To the extent permitted by applicable law, this disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation, or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of a BAUER MVP Account or information of a Member, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Member accepts all responsibility for, and hereby indemnifies and holds Released Parties harmless from and against, any actions taken by any user authorized to use a BAUER MVP Account, including, but not limited to, accrual of Points, use of Member Benefits, and disclosure of passwords to third parties. Member agrees that all causes of action arising out of or connected with BAUER MVP shall be resolved individually, without resort to any form of class action. Nothing in this section is intended to limit Sponsor’s liability for damages to the extent caused by Sponsor’s own gross negligence or intentional or unlawful misconduct. Additionally, nothing in this section is intended to limit or alter Member’s rights as a consumer that cannot be limited or altered under applicable law. Sponsor reserves all legal rights to recover damages or other compensation under these BAUER MVP Terms or as allowed by law.

2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR PROVIDES BAUER MVP AND RELATED SERVICES “AS-IS” AND WITHOUT ANY WARRANTIES. SPONSOR AND ITS AGENTS ARE NOT RESPONSIBLE FOR TECHNICAL, NETWORK, ELECTRONIC, COMPUTER, HARDWARE, OR SOFTWARE MALFUNCTIONS OF ANY KIND, OR INACCURATE TRANSMISSION OF BAUER MVP INFORMATION DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, AT ANY WEB SITE OR ANY COMBINATION THEREOF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEMBER’S SOLE REMEDY AGAINST THE SPONSOR AND ITS AGENTS FOR ANY DISSATISFACTION WITH BAUER MVP OR THE RELATED ONLINE SERVICES IS TO STOP USING THEM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THESE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

3. If Sponsor improperly denies a Member any Member Benefit or Points, liability will be limited to the equivalent fair market value of such Member Benefit or Points. By participating in BAUER MVP, a Member waives any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence upon which the claim or action is based.

4. Additionally, nothing in this section is intended to limit or alter a Member’s rights as a consumer that cannot be limited or altered under applicable law. Sponsor reserves all legal rights to recover damages or other compensation under these BAUER MVP Terms or as allowed by law.

MANDATORY ARBITRATION AND CLASS ACTION WAIVER

1. For Members who are not residents of the province of Quebec, Canada: By enrolling in or participating in BAUER MVP, Members agree that any dispute or claim arising out of or relating to BAUER MVP, Points, BAUER MVP Accounts, Member Benefits, these BAUER MVP Terms, a Promotion offered to Members, or the determination of the applicability of this arbitration clause itself (each a “Claim”), will be resolved by binding arbitration, and not through court proceedings. The arbitration of the Claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable).

2. Each party hereby waives any right to a jury trial of any Claim. Except as otherwise required under applicable law, and excluding Members who are residents of the province of Quebec, Canada, the Member and Sponsor each agree that any proceeding will be conducted only on an individual basis and each hereby waives any right to bring, participate in, or receive money or any other relief from any representative, class, consolidated, or collective proceeding. If a court or arbitrator determines in an action between the Member and Sponsor that this class action waiver is unenforceable, the arbitration agreement will be void. If for any reason a claim proceeds in court rather than through arbitration, Member and Sponsor each waive any right to a jury trial.

GOVERNING LAW

For Members who are not residents of the province of Quebec, Canada: Any dispute arising from these BAUER MVP Terms or a Member’s access to or participation in BAUER MVP will be governed by and enforced in accordance with the laws of the State of New Hampshire, U.S.A., without regard to conflict of law rules or principles. Without limiting the arbitration agreement set forth herein, each party agrees to submit to the personal jurisdiction of the state and federal courts located in Rockingham County, New Hampshire, USA, and to accept service of process from them.

For Members who are residents of the province of Quebec, Canada: Any dispute arising from these BAUER MVP Terms or a Member’s access to or participation in BAUER MVP will be governed by and enforced in accordance with the laws of the province of Quebec, without regard to conflict of law rules or principles. Each party agrees to submit to the jurisdiction of the courts of the province of Quebec.

MISCELLANEOUS

Members (or for Members who are minors, their parent/legal guardian) are solely responsible for any taxes or fees that may be imposed in connection with BAUER MVP. No delay or failure by Sponsor to enforce any of these BAUER MVP Terms shall be a waiver of Sponsor’s rights under these BAUER MVP Terms. The invalidity or unenforceability of any provision(s) of these BAUER MVP Terms shall not affect the validity or enforceability of any other provision. In all matters relating to the administration of BAUER MVP, the decisions of Sponsor will be final. In the event that any provision of these BAUER MVP Terms is found to be invalid or unenforceable, these BAUER MVP Terms shall be construed as if the invalid or unenforceable provision was not contained herein. The headings used in these BAUER MVP Terms are for convenience only and do not affect the interpretation of any of the provisions of these BAUER MVP Terms. Any reference to the term "including" means "including, without limitation." Any provisions which by their nature should survive the cancellation or termination of one’s BAUER MVP Account or this BAUER MVP, including the provisions disclaimer of warranties, limitation of liability, and prohibition of class actions, shall survive termination of one’s BAUER MVP Account or cancellation of BAUER MVP. If you have any questions regarding BAUER MVP or your BAUER MVP Account, please contact us at bauermvp@bauer.com.