Xero Loyalty Rewards Program Terms & Conditions

The Xero Loyalty Rewards Program Terms & Conditions apply to the program described on https://ctdev.guruslabs.com//rewards.

The Xero Shoes Loyalty Rewards Program is a free loyalty rewards program (“Program“, or “Loyalty Program“, or “Rewards Program“) offered at the sole discretion and exclusively by Feel the World, Inc. (“Xero Shoes“, “we“, “our” and “us“), that allows its eligible customers (each a “Member” or “you” or “your“) to earn rewards redeemable for promotional credits, Discounts (defined below), and other exclusive gifts (collectively, “Rewards“) for use towards future purchases when a Member shops on https://www.XeroShoes.com (the “Xero Shoes Website“). There is no cost to enroll in the Program and no credit card application is required. Enrollment and participation in the Program is only available on https://www.XeroShoes.com. By participating in the Program, you agree to be bound by the following Loyalty Program Terms and Conditions (“Terms and Conditions“) and Xero Shoes’ Terms of Service (https://www.XeroShoes.com/terms/), each of which are a legally binding contract between you and Xero Shoes regarding your participation in the Program. Interpretation of these Terms and Conditions shall be at the sole discretion of Xero Shoes, whose decisions will be final. Please read Xero Shoes’ Privacy Policy (https://www.XeroShoes.com/privacy/) and LoudCrowd’s Privacy Policy (https://loudcrowd.com/privacy/) for more information regarding how Xero Shoes and LoudCrowd collects, uses and discloses your personal information (the “Privacy Policies“). Your participation in the Program is expressly conditioned upon your compliance with this Agreement and with all present and future Terms and Conditions, terms, regulations, policies and procedures that Xero Shoes may, in its discretion, adopt from time to time. Program is void where prohibited by law.

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

1.               PROGRAM ELIGIBILITY. In order to participate in the Program, you must be at least eighteen (18) years of age or older or have reached the age of majority in your state, province, or territory at the time of participation, be a legal resident of, and physically located within, the United States, and be able to provide a unique and valid e-mail address at the time of enrollment. Employees of Feel the World Group, Inc., and their respective licensees, parent companies, subsidiaries and affiliates, as well as their immediate family members (herein defined as spouse, parents, siblings, and children and each of their respective spouses, regardless of residence, and any person living in such a person’s household, whether related or not) are not eligible to participate. Only individuals are eligible to be Members; corporations, groups, and associations are not eligible to participate in the Program. You must be legally competent to enter into contracts to enroll in the Program. Xero Shoes reserves the right to limit the number of Members in the Program. If you are not eligible to participate, you are prohibited from accessing, using, and registering for the Program. Xero Shoes, in its sole judgment, reserves the right to disqualify any person from participation in the Program or revoke issued Rewards, for any reason, including, for example, if that person appears to be violating these Terms and Conditions, making purchases for a business or for resale, manipulating the Program, making excessive returns, engaging in fraud, abusing Rewards privileges, or otherwise acting in a manner inconsistent with the Program’s intent or for any other reason Xero Shoes deems necessary based on its sole discretion. If a Member is disqualified, such Member will forfeit all outstanding Rewards, as those terms are defined below, with a balance that has not been redeemed at the time of such disqualification. Program void where prohibited by law.

2.               HOW TO APPLY. To participate in the Program, you must apply on the Xero Shoes Website (“Member Application”). Eligible individuals may enroll by following the instructions at the Xero Shoes Website to provide the requested information (e.g., an email address, Instagram and/or TikTok username) and agree to the Terms and Conditions and Terms of Service. You may opt-out of the Program at any time by emailing support@XeroShoes.com. Members must provide all required information to be enrolled and to be eligible to earn Rewards, and must have a device that is capable of accessing the Internet in order to access and use the Rewards Program. A Member may maintain only one Rewards Program account. If more than one Rewards Program Account is opened by an individual, the Member will only receive Rewards for the account that was opened first. Duplicative Rewards Program accounts may be canceled and all Rewards earned under the duplicative Rewards Program account(s) may be forfeited. If you are not eligible to participate, you are prohibited from accessing, using, and registering for the Rewards Program.

3.               EARNING REWARDS. After you have submitted your Member Application for the Program, you will have the opportunity to earn and/or receive a discount of five (5%), ten (10%), or fifteen (15%) percent off of the Net Purchase Price of products available for purchase on the Xero Shoes Websites (“Discounts“) by (i) logging in to your Instagram account via the Instagram website (https://www.Instagram.com) or the Instagram mobile application; (ii) posting one or more photographs or videos of yourself in your Xero Shoes to your Instagram (each a “Post“); (iii) tagging @xeroshoes in your Post; and (iii) including the following hashtags: #XeroRewards and #XeroAmbassador. As used herein, “Net Purchase Price” means the purchase price less all sales tax, customs duties, shipping and handling fees, returns, price adjustments, redeemed Rewards, and other discounts. The specific Discount you earn is contingent on the number of Posts made, as follows:

Number of Posts

Applicable Discount

1

5%

3

10%

5 (or more)

15%

Xero Shoes may limit certain brands or products that are eligible for Rewards. Rewards may also be earned for other activities (each, a “Qualifying Activity“) as specified by Xero Shoes from time-to-time. Actions taken prior to enrollment in the Rewards Program are not eligible to earn such Rewards. From time-to-time, Xero Shoes may also sponsor contests, sweepstakes or other promotions (“Promotions“) in connection with which it will identify certain actions and social media sites in the applicable official rules. The terms and conditions governing your participation in Promotions offered by Xero Shoes’ are available here https://ctdev.guruslabs.com//rewards. Please view the Xero Shoes website for more information on these Promotions and other Qualifying Activities. This list may be updated from time-to-time with additional activities. Xero Shoes reserves the right in its sole discretion, at any time during the duration of the Program, to change the Rewards awarded (including, the Discounts), to award no Rewards, to offer additional means of earning Rewards for a limited time or permanently, to offer Rewards opportunities to select groups of Members, to delete any or all means to earn Rewards, and/or to limit the number of Rewards a Member may earn. Rewards cannot be sold, are not transferrable, and may not be combined with any other accounts or any other rewards program. Rewards have no cash, trade or barter value. Members have no ownership interest in accrued Rewards and are not the property of Members. Rewards can be earned once per month, and cannot be combined with coupons, gift cards, or clearance items. Rewards are not valid unless earned in strict compliance with the requirements of these Terms and Conditions and Program rules, as interpreted and applied by Xero Shoes. Xero Shoes’ determination of the Rewards available to any Member hereunder shall be final and binding for all purposes.

4.               LIMITATIONS AND RESTRICTIONS. Members may earn Discounts or other Rewards by participating in the Rewards Program or other Qualifying Activities, including uploading social media Posts, photos, videos, reviews, comments, shares, follows, or similar (“Member Content”) on the Xero Shoes Website and/or third-party websites such as Instagram, Facebook, etc. (“Promotional Channel(s)”). All Member Content submitted in connection with the Rewards Program or other Qualifying Activities must comply with and is subject to the Terms and Conditions, including the below limitations and exclusions:

  • Member Content must be in English, may not include gibberish, nonsense keywords, random characters or hyperlinks to sites or content unrelated or not relevant to Xero Shoes or its business.
  • Member Content intended to promote your or another’s business activities, or which is derogatory, includes profane or vulgar language or personal attacks is prohibited.
  • Inappropriate online social media activity posted in connection with the Rewards Program is prohibited, and Xero Shoes has the sole discretion to determine what constitutes inappropriate social media activity.
  • Xero Shoes will not tolerate hateful or discriminatory speech, inappropriate language, or abusive activity if any kind. Any Member engaging in such activity in connection with the Rewards Program will have their Rewards Program account cancelled and any Rewards due to Member will be forfeited.
  • Any statement by a Member about a product or service offered by Xero Shoes and its subsidiaries or affiliates must be truthful, accurate and substantiated. Misrepresenting the benefits of a product is prohibited and may result in cancelation of the Member’s Rewards Program account and forfeiture of any Rewards due to Member.
  • Any product review or endorsement by a Member, including but not limited to tweets and other social media activity, must be a truthful and accurate representation of the Member’s opinion. Additionally, any review, tweet or other social media activity incentivized by the awarding of Rewards or other benefits in connection with this Program must be accompanied by the hashtags #XeroRewards and #XeroAmbassador or such other hashtag as may be specified by Xero Shoes on the Rewards Program Website.
  • You must disclose that you are participating in this Rewards Program or any related Promotion (if applicable) in any social sharing interaction that references the Rewards Program or a Promotion, or is used to earn Rewards in connection with this Rewards Program or a Promotion. At a minimum, the hashtags #XeroRewards and #XeroAmbassador should be included in all social media communications sent pursuant to the Rewards Program or a Promotion. Xero Shoes reserves the right, in its sole discretion, to disqualify any Member who does not adequately disclose its participation in this Rewards Program or a Promotion while interacting with the Promotional Channels.
  • Member Content must be publicly available and have more than one hundred (100) followers.
  • Member Content must tag @xeroshoes and no other brand or companies.
  • Member Content must comply with these Terms and Conditions and the terms applicable to users of each Promotional Channel to which it is submitted, and must be submitted by the registered subscriber of the applicable Promotional Channel account, to which the Member Content is uploaded.
  • Members operating multiple accounts at a single Promotional Channel, whether in their name or handle or using alternative names or handles, will be in violation of these Terms and Conditions. In addition, the use of fake Promotional Channel accounts, or accounts not registered to the Member using them for this Rewards Program, is prohibited.
  • No robotic, software-generated, other automated, purchased or incomplete Qualifying Activities will earn Rewards. Gaming, fraud or abuse relating to the earning of Rewards may result in forfeiture of Rewards as well as termination of a Member’s account and/or this Rewards Program, in Xero Shoes’ sole discretion.
  • Member Content, including any posts, updates or comments that refer to Rewards being earned or rewarding another Member, is prohibited and may result in disqualification.

In the event of a dispute over the identity of a Member, the Member will be deemed to be the Authorized Account Holder of the e-mail address identified at enrollment into this Rewards Program. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute, social sharing site) that is responsible for assigning e-mail addresses for the domain associated with the applicable e-mail address.

5.               REPRESENTATIONS AND WARRANTIES. Member represents and warrants that its Member Content: (a) (other than content originally shared by Xero Shoes with Member) is Member’s own original work, and does not contain any material that violates or infringes another’s rights, including moral rights, rights of privacy, publicity or intellectual property rights; (b) has not been submitted previously in any promotion of any kind or exhibited or displayed publicly through any means or media; (c) if a photograph, depicts Member only (if at all), and no other persons; (d) does not identify, reference or depict any competing team, franchise or brands, products or services, including by means of prominent trademarks (including words, logos or designs), other than those owned by Xero Shoes; and (e) does not disparage Xero Shoes or any party or agent affiliated with this Rewards Program, or include words or graphics that are offensive, lewd, hateful or defamatory of any person or group, or include any elements or gestures that, as determined by Xero Shoes, in Xero Shoes’ sole discretion, are negative, obscene or inappropriate. All third-party content and content unoriginal to you, other than content provided by Xero Shoes, is prohibited.

6.               EXPIRATION OF REWARDS. Rewards you receive, but do not use, will expire 90 days from the date and time the Rewards were issued. Any unused Rewards value remaining after the expiration date will be forfeited. Xero Shoes reserves the right to change the expiration date of Rewards received under the Program. You will forfeit all accumulated and unused Rewards if you close your account or your participation in the Program is terminated.

7.               EMAIL COMMUNICATIONS. We will email you at the email address you provided during enrollment to let you know about Program developments, rewards and special benefits. You are responsible for ensuring that your contact information, including your e-mail address, is accurate and up-to-date. If you need to update or change your contact information, please email support@XeroShoes.com for assistance. If you have any questions or concerns regarding how Xero Shoes manages, accesses, or uses your personal information, please see our Privacy Policy (https://www.XeroShoes.com/privacy/). By participating in the Program, you agree to receive marketing emails, advertising materials, and other communications from us. You may unsubscribe or change your email preferences at any time by clicking on the “unsubscribe” link found at the bottom of our emails. You will, however, continue to receive transactional email communications from us regarding your Program account. Xero Shoes is not responsible for communications, including Rewards, lost due to a change of address or other contact information.

8.               TAXES. Any and all applicable federal, state, provincial, and local taxes and all fees and expenses related to acceptance and use of Reward are not specifically stated herein are the responsibility solely of Member.

9.               TERMINATION OF OR CHANGE IN PROGRAM. The Program has no predetermined termination date and may continue until such time as Xero Shoes, at its sole discretion, elects to designate a program termination date. Xero Shoes may, in its sole discretion, terminate the Program, in whole or in part, at any time, with or without notice, which may result in loss of accumulated Rewards and the cancellation of all benefits and privileges associated with the Program. Xero Shoes reserves the right to limit, delete, expand, modify, or change any of the rules, terms, conditions, and benefits of the Program at its sole discretion, with or without notice. Changes may affect Member’s Rewards already accumulated. Your continued participation in the Program after any changes to these Terms and Conditions or the Program signifies your acceptance of such changes. Xero Shoes has the right to close your account for any reason. Xero Shoes reserves the right to suspend, modify or withdraw any Rewards and/or Program benefits if Xero Shoes believes, in its sole discretion, that Program manipulation, fraud, malfunction, error or any other cause beyond our control impairs or otherwise compromises the administration, security, fairness or integrity of the Program. We reserve the right to reject, revoke, cancel or suspend any Member Application, issued Rewards, and/or any and all unredeemed Rewards, or take any other action at our discretion, at any time with immediate effect and without written notice or liability to any Member, if we believe: (a) the Member has (1) violated any of the Terms and Conditions; (2) acted in a manner inconsistent with applicable law, regulations, or ordinances; (3) engaged in any misconduct or wrongdoing in connection with the Program; or (4) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Program, or Xero Shoes or its Members or employees; or (b) Xero Shoes’ provision of the Rewards Program and/or any associated benefits (including but not limited to Discounts or Rewards) to Member may violate any applicable laws to which Xero Shoes is subject. Membership in the Program may be revoked at any time. If we deactivate your account due to abuse or manipulation of the Program, or for any other reason, or if you cancel or close your account or opt out of the Program for any reason, your membership in the Program will terminate immediately and your Rewards and any value remaining on issued Rewards will be forfeited. For information on how to submit a request to delete your Member information please read the Privacy Policies. If you are enrolled in this Program and want to stop participating or want to opt-out please refer to HOW TO OPT OUT OF THE PROGRAM section below.

10.             OTHER TERMS. Xero Shoes is not responsible for lost, destroyed, stolen or expired Rewards. Any tax liability connected with receipt or use of any Rewards is the Member’s responsibility. Program rules void where prohibited by law. Rewards are not transferable in the event of death, as part of a domestic relations matter, or for any other reason and may only be used by you for your personal benefit. You cannot combine your benefits with any benefits accrued by any other Program participant. Rewards are not “gift certificates” and are not intended for gift-giving purposes. Rewards have no cash value and are purely promotional in nature. Rewards cannot be used retroactively for prior purchases. You do not have any right, title, or interest in your Rewards and Rewards do not give rise to any legal or contractual rights by you against Xero Shoes. A Member’s Reward balance, as reflected in our records, shall be deemed correct. Xero Shoes reserves the right to determine the amount of Rewards in any Member’s account and to correct or modify the Reward amount at any time based on Xero Shoes’ internal records related to such Member’s account. In the event of an inconsistency between the amount accrued in a Member’s account as stated on any Member’s receipt and Xero Shoes’ internal records, Xero Shoes’ internal records will control. The sale or barter of any Rewards is prohibited. Xero Shoes may waive compliance with these Terms and Conditions in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members. Notwithstanding the foregoing, Xero Shoes’ failure to exercise any of its rights under these Terms and Conditions, or its failure or delay in enforcing any of the individual terms herein, shall not constitute a waiver of such rights. Events beyond Xero Shoes’ control, such as computer equipment or electronic data transmission failure, strikes, acts of God, civil disturbance, terrorism or war, which may materially affect our ability to perform, will allow Xero Shoes to suspend or terminate the Program.

11.             LIMITATION OF LIABILITY. BY ENROLLING IN THE PROGRAM AND REDEEMING THE REWARDS, THE MEMBER AGREES THAT XERO SHOES AND ITS AFFILIATES AND SUBSIDIARIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY MEMBERS OR ANY PERSON FOR, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN OR NEGLECTED TO BE TAKEN WITH REGARD TO THE PROGRAM, INCLUDING ANY REWARDS. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR (A) LOSS OR MISDIRECTION OF, OR DELAY IN RECEIVING, ANY MEMBERSHIP APPLICATION, CORRESPONDENCE, OR REWARDS; (B) THEFT OR UNAUTHORIZED REDEMPTION OF REWARDS OR USE OF A REWARD CAUSED BY CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF US OR OUR REPRESENTATIVES/AGENTS; (C) ANY ACTS OR OMISSIONS OF THIRD PARTIES; OR (D ) ANY ERRORS PUBLISHED IN RELATION TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS, ERRORS OF DESCRIPTION, AND ERRORS IN THE CREDITING OR DEBITING OF REWARDS TO/FROM MEMBERS. WE RESERVE THE RIGHT TO CORRECT, WITHOUT NOTICE, ANY ERRORS. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, AND ACT OF WAR, NATURAL DISASTER, TERRORISM, EPIDEMIC, PANDEMIC, OR ANY ACT OR OMISSION OF A THIRD PARTY. THE SOLE REMEDY AVAILABLE TO YOU IN CONNECTION WITH THE PROGRAM (WHETHER YOUR CLAIM IS BASED IN LAW OR EQUITY) SHALL BE THE CREDITING OR RE-CREDITING TO YOUR PROGRAM ACCOUNT OF REWARDS IN AN AMOUNT NO GREATER THAN THE NUMBER OF REWARDS AT ISSUE. BY PARTICIPATING IN THE REWARDS PROGRAM, OR THE USE OF ANY REWARD, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS SECTION WILL SURVIVE TERMINATION OF MEMBER’S PARTICIPATION IN THE PROGRAM.

12.             DISCLAIMER OF ALL WARRANTIES. WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE IN THESE PROGRAM RULES, EVERYTHING REGARDING THE PROGRAM, INCLUDING THE WEBSITE, AND REWARDS, ARE PROVIDED “AS IS,” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NEITHER XERO SHOES OR ITS AGENCIES, AGENTS, SUPPLIERS OR REPRESENTATIVES WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THIS REWARDS PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THIS REWARDS PROGRAM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. A MEMBER’S USE OF THE REWARDS PROGRAM IS SOLELY AT THE MEMBER’S OWN RISK. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

13.             GOVERNING LAW AND DISPUTES. All issues and questions concerning the construction, validity, and enforceability of these Terms and Conditions, or the rights and obligations of any participant and Xero Shoes in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules (whether of the State of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado. Please contact us at support@XeroShoes.com if you have a dispute regarding the Program.

14.             ARBITRATION. As used in this arbitration provision, a “Rewards Dispute” means any claim or controversy between us that in any way arises from or relates to the Program, including, but not limited to, these Terms and Conditions, the issuance or redemption of Rewards or other services and events access, disputes based upon contract, tort, consumer rights, fraud and other intentional torts, agency, statute or constitution, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief), as well as disputes about the validity, enforceability or scope of this arbitration provision. Unless you send us the rejection notice herein, this provision will apply to you and, as a result, any Rewards Dispute between us will be resolved by binding arbitration. This means that: (1) a court or jury will not resolve the Rewards Dispute; (2) you will not be able to participate in a class action or similar proceeding to resolve the Rewards Dispute; and (3) your appeal rights during and after arbitration will be limited. The Federal Arbitration Act and federal arbitration law apply to this agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Feel the World Group, Inc., Attention: Legal Department, 100 Technology Drive, Suite 315, Broomfield, CO 80021. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s Consumer Arbitration rules are available at www.adr.org or by calling 1.800.778.7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. EXCEPT WHERE PROHIBITED, UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND YOU FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. Each party shall bear its own costs, fees, and expenses (including attorneys’ fees and costs) of arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, represented or collective action basis (“Class Action Waiver”). If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. If you do not want this arbitration provision to apply, you must reject it in writing by mailing us a written rejection notice containing your name legibly printed and email address you provided when you enrolled in the Program, a statement that you reject the arbitration provision, and your signature. The rejection notice must be sent by you to us at Feel the World Group, Inc., Attention: Legal Department, 100 Technology Drive, Suite 315, Broomfield, CO 80021. Your rejection notice is effective only if it meets the above requirements, is signed by you and received by us within sixty (60) calendar days after the date we first provide you with the Program Terms and Conditions containing the arbitration provision. Subsequent republications or delivery of the Terms and Conditions will not trigger another right to reject the arbitration provision. Your rejection of this arbitration provision will not affect any other provision of the Terms and Conditions. This arbitration provision will survive the termination of the Program or your relationship with us.

15.             WARNING. Any attempt to deliberately damage, abuse, defraud, manipulate, or undermine the legitimate operation of the Program or the Xero Shoes Website may be a violation of criminal and civil laws. Should such an attempt be made, Xero Shoes reserves the right to seek damages or other remedies to the fullest extent permitted by law. Any abuse of the Program, failure to follow any terms of the Program, or any misrepresentation may subject Members to card revocation and will affect eligibility for further participation in the Program.

16.             SEVERABILITY. The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any portion of these Terms and Conditions should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this agreement in such a manner as to enable the remaining portions of these Terms and Conditions to remain in full force and effect as if no invalid or unenforceable provision had been part of this agreement. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Xero Shoes, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms and Conditions without affecting the validity, legality, or enforceability of any of the remaining provisions.

17.             HOW TO OPT OUT OF THE PROGRAM. A Member can opt out of the Program at any time by emailing support@XeroShoes.com. By submitting a request to opt out, you will be opted out of all Xero Shoes Rewards Programs, and all Rewards or other benefits will be forfeited.

18.             CHANGES TO YOUR ACCOUNT. You must advise Xero Shoes of any change in your name or email address associated with your account. You may contact Xero Shoes’ Customer Service Team to let us know about any changes. Xero Shoes is not liable for Rewards sent to the email address associated with your account.

19.             ADDITIONAL INFORMATION ABOUT THE PROGRAM. If you have any questions regarding the Program, you may contact our Customer Service team via email at support@XeroShoes.com.