Paul Fredrick Style Club - Terms of Service

Effective Date: May 28, 2025 

PLEASE READ THESE TERMS OF SERVICE AND THE RELATED PAUL FREDRICK TERMS and CONDITIONS LOCATED AT https://www.paulfredrick.com/pages/terms-conditions AND THE PAUL FREDRICK PRIVACY POLICY LOCATED AT https://www.paulfredrick.com/pages/privacy-policy (BOTH OF WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE). THE PAUL FREDRICK TERMS OF SERVICE CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH PAUL FREDRICK. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED IN THE PAUL FREDRICK TERMS OF SERVICE.

1. Introduction 

The Paul Fredrick Style Club ("PF Style Club" or "Program") is a loyalty program operated by Paul Fredrick in the United States and is designed to reward and engage valued customers like you (“you” or “member”). Program members will receive certain benefits and exclusive offers that may be announced by Paul Fredrick from time to time in Paul Fredrick’s sole discretion. By enrolling in the Program, you agree to comply with these Terms of Service (“Terms”). Paul Fredrick reserves the right to modify, suspend, or terminate the Program at any time without prior notice. Please read these Terms carefully before participating in the Program. Your participation in the Program indicates that you have read, understood, and unconditionally consent and agree to these Terms. If you do not agree to these Terms, you may not participate in the Program. The Program is only for your own personal use. You may not use the Program for commercial purposes, or in any way that harms Paul Fredrick or any other person or entity, as determined by Paul Fredrick in its sole discretion.

In some instances, both these Terms and any separate guidelines, rules, or terms, setting forth additional or different terms and/or conditions (in each such instance, and collectively, (“Additional Terms”) will apply to your use of, and membership in, the Program. For example, in addition to these Terms, Paul Fredrick may offer a limited time promotion as part of the Program or to some or all members, which will also be subject to Additional Terms which Paul Fredrick will post or otherwise communicate in connection with the promotion, and which will govern members’ participation, and Paul Fredrick’s execution of, such promotion. To the extent there is a direct conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

2. Membership & Eligibility 

The PF Style Club is open to individuals who are at least 18 years old and have a valid Paul Fredrick account who are legal residents of the fifty (50) United States and the District of Columbia. Registration is free.  Creating a new customer account on the PaulFredrick.com  site will automatically enroll you to be a member of the Program.  For PaulFredrick.com account holders existing as of the date of the Program launch, to become a member, you must opt-in to the Program from your paulfrederick.com account. The Program is only available in the United States. Once you have opted-in and complete and submit all of the registration information, a Program account (each, an “Account”) will be created for you.  All registration information must be completed in full. Memberships can only be used by the person whose name is listed on the Account. You should not give your password to any other person. You are responsible for all activity in your Account and any use of your password.  Limit one (1) Account per person and per email address. You cannot have more than one Account.  Program Accounts cannot be shared. Program participation is only available to individuals. Program participation is not available to corporations, businesses, charities, partnerships, enterprises or any other entity. Program Accounts, Points (as defined below), and other rewards may not be merged, transferred, purchased, sold, assigned, auctioned or traded.  When you join the Program, you may be placed in a certain tier and/or given Points based on some or all of your transactions with Paul Fredrick prior to joining.  Without limiting the generality of the foregoing or other provisions in these Terms, for example, Paul Fredrick may make distinctions between online orders and telephone orders, Paul Fredrick may consider the online order spending history associated with your email address for prior months when determining your initial tier and/or whether or how many initial Points to allocate to your Program Account. Paul Fredrick will determine whether and how your previous transactions will be considered in allocating your initial tier and any Points values, in Paul Fredrick’s sole discretion.   Your participation, including the earning and redemption of Points, is subject to these Terms and any Additional Terms. If any misuse, fraud, or violation of these Terms or any Additional Terms is detected or suspected, your membership may be terminated, and Points and other rewards may be immediately forfeited.  Details about Program benefits and offers may be found at https://www.paulfredrick.com/pages/rewards. You are responsible for determining whether you are eligible to participate in the Program and to receive the benefits, offers, or services under applicable laws, gift policies, and incentive policies.

3. Earning Points 

You earn points (“Points”) based on the amount you spend on eligible purchases at the www.paulfredick.com website while logged into your Account or via telephone order at  1-800-247-1417, excluding taxes, shipping fees, gift card purchases, and applied Program rewards. In order for telephone purchases to earn Points under the Program, you must provide your Account information to the agent taking your order over the phone. The Points will be earned upon payment for qualifying purchases. The number of Points earned per dollar spent depends on your loyalty tier (“Loyalty Tier”), which is determined based on the amount spent during one calendar year (January 1^st – December 31^st). Your initial Loyalty Tier status applies for the calendar year in which you join and the following full calendar year, after that, annual requalification is required each calendar year based on the amount you spent during the preceding calendar year. The Loyalty Tiers are as follows:

Tier	Spending Eligibility/Retention Threshold (per Calendar Year)	Reward Point Calculation
Bronze	<$300.00 spent	1 Point per $1.00 spent
Silver	$300.99 -$599.99 spent	3 Points per $1.00 spent
Gold	$600.00 - $1,199.99 spent	4 Points per $1.00 spent
Platinum	$1,200.00+ spent	5 Points per $1.00 spent

 

To earn Points you must be logged into your Account at the time of making a purchase online or, if purchasing via telephone, you must provide your Account information to the agent while placing your order and prior to making payment.  Points will not be awarded if in Paul Fredrick’s reasonable opinion, the merchandise purchased will be used for resale or commercial use, and any Points awarded on such purchases will be forfeited. Paul Fredrick reserves the right to limit Points awarded with respect to any purchase, offer or promotion to reasonable household quantities.

In addition to making purchases, you can also earn additional Points (“Engagement-Based Points”) by completing activities as directed by Paul Fredrick from time to time including but not limited to creating an account and making a first purchase, completing a second lifetime purchase, participating in a Referral Program (as outlined below), and receiving a birthday reward. All Engagement-Based Points are subject to verification and may be revoked in cases of suspected or detected fraudulent activity. Paul Fredrick reserves the right to create, modify or discontinue Engagement-Based Points earning opportunities at any time. 

If you return an item for a refund, Points earned on that purchase will be deducted from your balance, and your tier status may be adjusted accordingly. 

You can check your current Points by logging into your Program account.  A valid Program Account is required to check Points. Any claim for Points not credited accurately must be received by Paul Fredrick within 30 days of the date on which you claim accrual of the Points.  Points may not be earned, received, or redeemed and may be forfeited if unexpected interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction occurs.  Paul Fredrick will have no liability for any failure, delay, or error in crediting Points to your Program Account. 

Paul Fredrick may, in its discretion, send you periodic notifications via email or other methods to remind you that your Points will expire in the absence of a Qualifying Activity (as defined below) during any six (6) consecutive month period. However, it is your responsibility to monitor your Account and Points status within the Program. In addition, Paul Fredrick may periodically provide limited offers to certain members in their sole discretion. These offers may have advance notice or may be offered to certain members based on Loyalty Tier status, purchase history, or other factors.

Certain actions taken prior to Program sign-up or prior to the start of the Program may be eligible to earn Points, in Paul Fredrick’s sole and absolute discretion, and may be automatically credited by Paul Fredrick to your Account. In addition, Paul Fredrick may place your Loyalty Tier, award Points, and provide other offers based on pre-Program activities at their sole discretion.

Paul Fredrick reserves the right, in their sole discretion, at any time during the duration of the Program to: (i) change the number of Points awarded, or to award no Points, for any particular purchase; (ii) offer additional or new ways to earn Points for a limited time or permanently; (iii) delete any or all means to earn Points; (iv) limit the number of times or frequency a member may earn Points; (v) correct the amount or nature of Points or in a member Account in the sole discretion of Paul Fredrick, including without limitation if a member was not eligible to earn or receive certain Points in a member Account according to these Terms or any Additional Terms, and (vi) offer Points earning opportunities to select groups of members.

If you suspect or learn of any fraudulent activity related to your Program Account, including unauthorized redemption or transfer of offers or Points, you must report the fraudulent activity within 60 days of the date of the fraudulent activity. You can contact us at customerservice@paulfredrick.com.  Credit or debit of any offers or Points relating to claims of fraudulent activity related to your Program Account will be at Paul Fredrick’s sole discretion. 

 

4. Tier Progression & Retention 

Changes related to your Loyalty Tier status (i.e. moving up a tier, dropping a tier, adding tiers, or eliminating tiers) may be communicated to members via the e-mail address identified in the member profile of the Account.  Loyalty Tier levels are subject to change. Paul Fredrick, in its sole discretion and without notice to you, reserves the right to change, modify, withdraw, create, or cancel any Loyalty Tier level, or to eliminate Loyalty Tier levels altogether. 

5. Redeeming Points 

Points can be redeemed for rewards in increments of 1,000 points = $10.00 reward, up to a maximum of a $40.00 reward per transaction. Upon redemption of a reward, the corresponding number of Points will be deducted from your Program Account.  Points will be considered redeemed and will be deducted from your Account when they are applied to a completed purchase transaction.  Points can be redeemed online only when members make purchases while logged into their Account. If you are logged into your Account when making a purchase online, available Points may appear at checkout along with an option to redeem available Points and apply the applicable reward value to your order. If you have provided your Account information when making a purchase via phone order, a representative may inform you of available Points to allow you the option to redeem available Points and apply the applicable reward value to your order.

Point availability may be limited and is on a first-come, first-served basis. Paul Fredrick reserves the absolute right to modify, change, suspend, discontinue, cancel, terminate, delete, regulate, or add Points, items, or other benefits, offered or that you may have accrued, or any element thereof at any time. All redemptions are subject to these Terms and any Additional Terms. Points may not be exchanged for cash, any cash equivalent, or any other products, and may not be applied toward payment of any outstanding account balances, previous purchases, or any delivery, shipping or handling charges or other fees. Points are personal to you and promotional in nature and have no cash or fixed value, cannot be exchanged for cash, transferred, or sold. Gift card purchases are not eligible to earn Points, and Points cannot be redeemed toward gift card purchases. Once Points are redeemed, they cannot be reinstated.

Points will expire if your Account does not remain active by completing a “Qualifying Activity” during any six (6) consecutive month period. A Qualifying Activity is one of the following actions: (i) creating an account; (ii) making a purchase; (iii) completing or sharing a Referral Code; (iv redeeming Points, coupons or other rewards; or (v) receiving a perk or reward (excluding birthday or anniversary points);.  In addition, if Paul Fredrick adds or adjusts Points in your Account for any reason, this will count as a Qualifying Activity.  If there is no Qualifying Activity in your Account for a six (6) consecutive month period, your Points and any other rewards will expire and will immediately be forfeited and no compensation will be provided .

Points must be redeemed in accordance with these Terms. Points will be redeemed in order of expiration. In other words, the Points that expire the soonest will be redeemed first.  Points will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. Paul Fredrick also reserves the right, in its sole discretion, to determine and modify, at any time, the value of Points and the number of Points that may be earned for any given activity.  Points may be redeemed in combination with other discounts, coupons or offers unless specifically prohibited by the terms of a specific promotion. Points will be applied after all other offers are applied. Once you have redeemed your Points, they are gone and there are no refunds, returns or exchanges for additional Points, cash, or other goods and services, provided, however, that if you return the merchandise or other item(s) your Points were redeemed toward, your Points redeemed toward such returned merchandise or other returned item(s) may be refunded to your Program Account as determined by Paul Fredrick in their sole discretion.

6. Loyalty Tier Benefits 

As you move up through the PF Style Club Loyalty Tiers, you may unlock additional benefits.  Additional benefits may include things such as, for example, early access to new product launches, double-point sale access, free standard shipping, free monogramming, free alterations, concierge customer service, and exclusive event invitations, at Paul Fredricks’ sole discretion.  Information regarding benefits, offers, Loyalty Tiers, and FAQs regarding the Program may be available on the Program landing page of the Paul Frederick website and/or on your Account landing page.

If you are a Gold or Platinum member, you are eligible for free product gifts per eligibility period. A free gift coupon discount code will be emailed to you once you qualify. This coupon is valid for a single use per eligibility year, meaning you may redeem one free product per year if you remain eligible. Paul Fredrick reserves the right to change or discontinue this benefit at any time. 

7. Referral Program

Paul Frederick may offer a referral program that provides you with the opportunity to earn Points or other rewards when you successfully refer an eligible invitee to make a first purchase (“Referral Program”). To participate in the Referral Program, you can send out a unique code (the “Referral Code”) to eligible friends or family members.  Paul Fredrick reserves the right to terminate and disqualify you at any time from participating in the Referral Program if you don’t comply with these terms.

Paul Fredrick may provide you with a unique Referral Code and instructions on how to refer invitees, for example, by email or through your Account page once you’ve logged into your Account.  You must be logged in to your Account to send a Referral Code to an invitee and  follow the instructions and submit the email address of your invitee(s) as directed.  To earn Points or other rewards as a referrer, your invitee must be a new Paul Fredrick guest or customer (who has not previously created an account on paulfredrick.com, subscribed to the Paul Fredrick marketing communications list, and who has not purchased from Paul Fredrick previously through any channel including online or via phone orders), must be over the age of 18, reside in the United States at an address we deliver to, must follow any further instructions and any Additional Terms and make their first purchase from Paul Fredrick, meeting any minimum purchase amount stated in the Additional Terms, through a click on your Referral Code invitation link (a “Successful Referral”).  You may receive Points or other rewards for a Successful Referral. Your invitee may be offered a one-time discount or other benefit on their first qualifying purchase at checkout, at Paul Fredrick’s sole discretion.

Referrals are not permitted between household members or individuals sharing the same billing or contact address. Paul Fredrick reserves the right at any time to modify or discontinue the Referral Program, including the benefits, and rules for receiving Points or other rewards, availability of Referral Codes, and any other related benefits, either temporarily or permanently (or any part thereof). If we modify or discontinue the Referral Program, we will let you know via email or by posting a notice on the Paul Fredrick website. Paul Fredrick will not be liable to you in the event of any modification, suspension or discontinuance of the Referral Program. Referral offers may be subject to Additional Terms.

All information collected, stored, processed, or shared through the Referral Program is subject to Paul Fredrick’s Privacy Policy.

 

8. Marketing Communications & Contact Information 

By enrolling in the Program, you agree to receive marketing emails, and other communications from Paul Fredrick regarding your membership, rewards, and exclusive promotions. To ensure you receive these communications, please add paulfredrick@email.paulfredrick.com to your address book. You may opt out of marketing communications at any time; however, doing so may impact your ability to receive Program-related notifications. 

9. Account Management, Termination and Modification

Paul Fredrick may modify any of these Terms and any Additional Terms, including, but not limited to, the methods through which Points can be earned, how Points can be used, the types or classes of Points available, the Loyalty Tier allocations, and the conditions under which Points may expire or be forfeited, at any time, with or without notice, even though these changes may affect your ability to use the Points that you already earned. The Program has no predetermined termination date and may continue until such time as Paul Fredrick decides to terminate the Program. Paul Fredrick may, in its sole discretion, modify or terminate the Program, in whole or in part, at any time and for any reason or no reason at all, with notice on the website and/or via email your email address currently on file with Paul Fredrick for your Account.

If Paul Fredrick amends these Terms, it will revise the “last updated” date located at the top of these Terms. If you continue to participate in the Program by earning Points, redeeming Points, logging onto your Account or in any other way after these Terms have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms and Conditions will be available on the website and will supersede all previous versions of these Terms.

You may terminate your participation in the Program and cancel your Account at any time by logging into your Account and cancelling via your Account dashboard. Cancelling your Account may result in also cancelling your customer account on the PaulFredrick.com site. Any Points remaining in your Account at the time you cancel or terminate your participation in the Program will immediately be forfeited and no compensation will be provided. When you cancel your Account, all your Points will be void and forfeited. Whether you may re-enroll in the Program after a termination is at Paul Fredrick’s sole discretion. In any event, previously earned Points that were void and forfeited will not be credited to you.

If Paul Fredrick decides in its sole discretion to discontinue the Program, you will have approximately thirty (30) days, or an amount of time deemed reasonable by Paul Fredrick in its sole discretion from the date Program termination is announced to use your remaining Points or other rewards (subject to any earlier expiration date provided in these Terms or any Additional Terms). Any Points or other rewards remaining in your Account after such time will immediately be forfeited and no compensation will be provided.

Paul Fredrick may, at its sole discretion, terminate, alter, limit, suspend or modify, change, restrict, suspend, discontinue, cancel, or terminate the Program, and/or the Terms, any Additional Terms, or any policy, FAQ, or guideline pertaining to the Program, at any time, for any reason, without prior notice.

Paul Fredrick may cancel your membership, cancel accumulated Points or other rewards, alter the number of Points or other rewards in your Account or suspend your membership privileges at any time with immediate effect if Paul Fredrick determines in its sole discretion that you (a) have acted in a manner inconsistent with applicable laws or ordinances; (b) acted in a fraudulent or abusive manner; (c) breached any of these Terms or any Additional Terms; (d) engaged in any fraud or abuse concerning Points, Points usage or Points redemption; or (e) engaged in any conduct or act that causes Paul Fredrick to terminate or suspend your access to the website. Any Points remaining in your Account at the time you or Paul Fredrick cancel or terminate your participation in the Program will immediately be forfeited and no compensation will be provided. Paul Fredrick may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these Terms shall limit Paul Fredrick in its exercise of any legal or equitable rights or remedies.

Any decision to revoke membership or adjust your Loyalty Tier will be final. You are responsible for maintaining accurate contact information to receive Program updates and promotional offers. 

10. Privacy & Data Usage 

By enrolling in the PF Style Club, you acknowledge and agree that Paul Fredrick will collect, store, and process personal information related to your participation in the Program. This includes your purchase history, Points balance, Loyalty Tier status, and engagement activities such as account creation, social media interactions, and promotional redemptions. 

Your data may be shared with third-party service providers, including Yotpo, to facilitate the administration of the Program, track rewards, and provide personalized offers. These service providers are required to handle your data in accordance with applicable privacy laws and security standards. 

Paul Fredrick does not sell or rent your personal information. However, we may use your data to send Program updates, promotional offers, and marketing communications. You can manage your communication preferences at any time, but opting out may limit your ability to receive Program-related notifications. 

For more details on how we handle your personal information, please refer to our Privacy Policy. By participating in the Program, you accept, agree to, and opt-in to the Program as described in our Privacy Policy.

Notice of Financial Incentive/Bona Fide Loyalty Program

We may make available certain programs or offerings that may be considered “financial incentives” under the California Consumer Privacy Act (“CCPA”) or “bona fide loyalty programs” under the Colorado Privacy Act (“CPA”).

For example, you can sign up for the Program to gain access to certain membership benefits, which may include, from time-to-time, free shipping, access to new product launches, earning points, and other benefits, subject to the Paul Fredrick Style Club Terms of Service. As part of the PF Style Club, we may collect the following categories of personal information: identifiers, customer records, and commercial information, which could include name, email address, mailing address, purchase history, information about your use of the Program, and account preferences. We use this information to set up, operate, and administer your PF Style Club account, and for other membership benefits. We may also process the following categories of personal information to conduct targeted advertising: identifiers, customer records, and commercial information, which could include name, IP address, and information related to orders and purchases.

We may disclose members’ personal information to analytics companies, third-party advertisers, payment processors, other merchants, and government agencies in order to administer the Program or as otherwise described in the privacy policy.

Signing up for a PF Style Club account is optional. We will not include you in a financial incentive program without your authorization, and you may opt out at any time by contacting us by phone at 1-800-247-1417 or by email at customerservice@paulfrederick.com. To participate, you must opt-in to the PF Style Club and register for a free account. You can terminate your account at any time. Additionally, if you delete your personal information, your account will be terminated and you will not be able to participate in the loyalty program because it would be impossible to associate your PF Style Club account with you. You can also keep your account and opt-out of our promotional emails (however, we will still send you transactional and informational emails related to your PF Style Club account).

The financial incentives we offer to participating consumers are reasonably related to the value of the consumer’s data. As a basis for offering this Program, Paul Fredrick has valued the personal information it obtains at approximately $10.74 annually, per enrolled participant, based on a reasonable and good faith calculation that considers the expenses related to the Program. In doing so, we applied a combined revenue- and margin-based model supported by internal projections and industry-standard practices that considers the incremental gross margin attributable to loyalty engagement, projected participant behavior and redemption rates, and marketing and personalization activities enabled by consumer data. This valuation is solely provided to satisfy relevant legal requirements and serves no other purpose.

Consumers should review the benefits description and Program terms, so that they can make an informed decision on whether to participate.

 

11. General Terms 

ACCRUED POINTS OR OTHER REWARDS DO NOT CONSTITUTE YOUR PROPERTY AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. POINTS AND OTHER REWARDS ARE CREDITS THAT PAUL FREDRICK MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. POINTS AND OTHER REWARDS ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. You are responsible for ensuring that the information in your Account is accurate and is kept current. If you believe that your Account does not properly reflect Points or other rewards earned from engaging in any activities, you must contact Paul Fredrick to resolve the issue. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and should such an attempt be made, Paul Fredrick reserves the right to seek damages from any such person to the fullest extent permitted by law. Paul Fredrick’s failure to enforce any of these Terms or any Additional Terms shall not constitute a waiver of the affected provision, or any other provision. All questions or disputes regarding an individual's eligibility for the Program, the earning, crediting or use of Points or other rewards, or your compliance with these Terms  or any Additional Terms will be resolved by Paul Fredrick in its sole discretion. Any unspecified expenses related to the use of the Program are solely the member’s responsibility.  

Each member agrees that Paul Fredrick will not be liable to the member or any third party for any modification, alteration, limitation, change, restriction, suspension, cancellation, termination, or discontinuance of the Program, including Points or other rewards, Terms, Additional Terms, or any policy, FAQ, or guideline pertaining to the Program.

Any unspecified expenses related to the enrollment or use of the Program are solely your responsibility.  Points and other rewards may be subject to income or other taxes. You are responsible for paying all income taxes and for making all applicable disclosures to third parties. Paul Fredrick will not be liable for any tax liability, duty, or other charges in connection with the issuance of Points or other rewards or any other Program benefits.

12. Program Malfunctions and Conduct.

Officers, directors and employees of Paul Fredrick and its parent, subsidiaries, divisions and affiliates, (each, a “Program Entity”, and collectively, the “Program Entities”) are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Additionally, the Program Entities are not responsible or liable for any computer, programming, printer errors or the issuance of any unintended Points. In no event will Program Entities be liable for, and members expressly release the Program Entities from any claims as to the issuance of any unintended Points. If, for any reason, the Program is not capable of running as planned, including, due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Paul Fredrick which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, Paul Fredrick reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Program or otherwise respond to the circumstances as Paul Fredrick deems appropriate. In the event Paul Fredrick is prevented from continuing with the Program as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Paul Fredrick’s control (each a “Force Majeure” event or occurrence), Paul Fredrick shall have the right to modify, suspend, or terminate the Program, in whole or in part.

Any attempts by any member to access the Program via a bot script or other brute-force attack shall result in that member becoming ineligible to participate in the Program. Paul Fredrick, in its sole discretion, reserves the right to disqualify and terminate participation of any member found or suspected to be (i) tampering with the operation of the Program, (ii) acting in violation of these Terms or any Additional Terms, (iii) acting in an unethical or disruptive manner, (iv) acting with intent to annoy, abuse, threaten or harass Paul Fredrick, its representatives or any other Program member in any manner related to the Program, (v) or tampering with, altering, or attempting to alter Points standings, (vi) tampering with, altering, attempting to alter, creating, attempting to create or duplicate Points or other rewards, or (vii) colluding or attempting to collude with one or more members to gain an unfair advantage by sharing knowledge or other information in order to earn Points or other rewards.

13. Limitation of Liability

This Program is provided on an “AS IS” basis and without warranty, guaranty or representation of any kind, expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. By participating in the Program, each member accepts all responsibility for, and hereby indemnifies and holds harmless the Program Entities, from and against any claims that may arise from actions taken by such member or for any unauthorized access to member's Account by any third party.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PROGRAM ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE PROGRAM ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A MEMBER PROVES THAT PAUL FREDRICK HAS IMPROPERLY DENIED THAT MEMBER ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT.”

Notwithstanding any other provision of these Terms, in the event there is a direct conflict between these Terms and any other terms, these Terms will govern, control and prevail as to the Program, including but not limited to those Terms dealing with limitation of liability; PROVIDED, however, that in the event there is a direct conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

For questions or further assistance, please contact customerservice@paulfredrick.com.