Brixton Rewards
Terms and Conditions

Last Updated: August 1, 2025

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION IN THE BRIXTON REWARDS PROGRAM.

THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS ONLY, AND BY PARTICIPATING IN THE PROGRAM AND ENTERING INTO THESE TERMS, YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN ANY COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT (INCLUDING AS A CLASS REPRESENTATIVE OR MEMBER OF ANY PUTATIVE CLASS).

Introduction

Brixton, LLC (“Brixton”) offers Brixton Rewards (this “Program”), which is a loyalty rewards program and platform where eligible Brixton customers have an opportunity to accumulate Points (defined below) by purchasing products and participating in offered activities, subject to the terms and conditions set forth in this Terms and Conditions (these “Terms”). Certain aspects of this Program are administered on behalf of Brixton by a service provider, Prairie Group Inc., d/b/a Bubblehouse (“PGI”). As used in these Terms, the terms “we,” “us,” and “our” shall be deemed to collectively refer to both Brixton and PGI.

By accessing or participating in the Program, you accept and agree to be legally bound by these Terms, whether or not you sign-up as a Member (defined below) of the Program. If you wish to become a Member and participate in the Program, please read these Terms and indicate your acceptance to these Terms by following the instructions in the Program sign-up process. It is important that you review these Terms regularly. Wemay impose limits on certain features, activities, promotions or services and may restrict, suspend, terminate your access to the Program, in whole or in part, at any time and for any or no reason, with or without prior notice and without liability.

Each time you access and/or use the Program, you agree to be bound by and comply with these Terms and any Additional Terms (defined below). If you do not agree to these Terms, please do not participate in the Program. The business realities associated with operating the Program are such that, without the limitations that are set forth in these Terms -- such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes – we would not make the Program available to you.

In some instances, both these Terms and separate guidelines, rules, or terms of service, setting forth additional or different terms and/or conditions will apply to your use of the Program (in each such instance, and collectively, “Additional Terms”). For example, in addition to these Terms, any contest, sweepstakes or other promotion we may offer as part of the Program or to Program members, is and will also be subject to separate official rules (“Official Rules”) which will be posted in the Program during the applicable promotion period and which will govern Members’ participation, and our execution, of each such promotion. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Any information Members provide to us in connection with this Program or any contest, sweepstakes or other promotion or offer operated in connection with this Program is subject to Brixton Privacy Policy

Table of Contents:

1. Eligibility

2. Program Sign-Up

3. Earning Points

4. Member-Required Disclosures and Representations and Warranties

5. Rewards

6. Timing and Termination

7. Content, Ownership, Limited License and Rights of Others

8. Terms Applicable to User Content

9. Member Disputes

10. Code of Conduct

11. Program and Content Use Restrictions

12. Linked Sites and Advertisements; Dealings with Third Parties

13. Disclaimers

14. Limitation on Liability

15. Our Rights

16. Fraud

17. Dispute Resolution and Governing Law

18. Waiver of Injunctive or Other Equitable Relief

19. Indemnity

20. Update to Terms

21. Communications, Notices and Customer Service

22. General Provisions

23. Notice of Financial Incentives

1. Eligibility.

To participate in the Program, you must be at the time of Program enrollment: (i) at least eighteen (18) years of age; and (ii) a legal resident and physically located in one of the fifty (50) United States or the District of Columbia or another country where the Program is open as expressly listed on the Program website. Employees, officers and directors of Brixton, PGI, their parent companies, and each of their respective affiliated companies, subsidiaries, sales representatives, rewards providers, advertising and promotion agencies of any of the above listed organizations, including any entities engaged in the development, execution or fulfillment of this Program, together with the immediate family members and persons living in the same household (whether legally related or not) as such individuals, are not eligible to participate in this Program. For purposes of these Terms, ‘immediate family members’ are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not.In order to access and use the Program, Members must have a Device (defined below) that is capable of accessing the Internet.

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2. Program Sign-Up.

To become a Program Member, eligible individuals may sign-up for this Program by visiting Brixton Rewards page and clicking on the links and following the instructions on the sign-up form. Registration is free. Once registered you will have an online account to track your Program activity (referred to herein as “Member Account”). Individuals who sign-up for the Program and receive a Member Account are referred to in these Terms as, “Members.” Participation in the Program constitutes Member’s full and unconditional agreement to these Terms and Brixton’s decisions, which are final and binding in all matters related to the Program. In order to earn Points or otherwise participate in certain Qualifying Activities (defined below) offered as part of the Program, Members may be required to provide access to their accounts at social networking sites (such as, for example, X and Facebook) and/or provide their mobile telephone number.

In connection with your Member Account, you agree that: (i) You will provide true, accurate, current, and complete information about yourself in connection with the sign-up process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (ii) You are solely responsible for all activities that occur under your Member Account – whether or not you authorized the activity; (iii) You are solely responsible for maintaining the confidentiality of your Member Account password and for restricting access to your Device so that others may not access the Program or your Member Account using your name, username, or password; (iv) You will immediately notify us of any unauthorized use of your Member Account, password, or username, or any other breach of security by calling us at the following phone number: 866-264-4245; and (v) You will not sell, transfer, or assign your Member Account. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, or any applicable law, then we may suspend or terminate your participation in the Program. We also reserve the more general and broad right to terminate your Member Account or suspend or otherwise deny you access to either of them or their benefits – all in our sole discretion, for any reason, and without advance notice or liability.

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3. Earning Points.

The Program offers Members the ability to accumulate and redeem loyalty rewards points (“Points”), on an individual basis and solely for Member’s own Member Account. Members must be logged in to their Member Account, using the email on file for their Member Account to earn Points within that Member Account. From time to time, we may establish, at our sole discretion, activities pursuant to which Members may “earn” Points (“Qualifying Activities”), the amount of Points which can be earned will be identified with the promotion of the Qualifying Activity. Examples of “Qualifying Activities” include, but are not limited to:

General Admission Membership Level (no minimum yearly spend required for Members):

Earn one (1) Point for every one dollar ($1.00) spent on any purchases made on the Brixton website or in store at qualifying Brixton flagship stores (excluding the purchase of gift cards). Points do not apply to shipping fees, taxes, and other fees.
Earn $10 off your next purchase when you successfully create your Program account.
Earn ten (10) Points when you sign-up for Brixton marketing and promotional emails, following the steps we provide on your account.
Earn ten (10) Points when you sign-up for Brixton marketing and promotional text messages, following the steps we provide on your account.
Earn ten (10) Points when you make your first purchase on the Brixton website or in a Brixton store.
Earn ten (10) Points when you leave a text (written) review of a Brixton product.
Earn twenty (20) Points when you leave a review with a photo of a Brixton product.
Earn ten (10) Points when you follow us on Instagram.
Earn twenty (20) Points when you provide your birthday.
Get one hundred fifty (150) Points on your birthday (a fifteen dollar ($15.00) value).
Receive early access to Brixton sales and product launches.
Receive Members-only sales.

If you earn at least five hundred (500) Points within one calendar year, you may be entitled to receive additional Benefits in our VIP Membership Level:

VIP Membership:

Earn two (2) Points for every one dollar ($1.00) spent on any purchases made on the Brixton website or in Brixton stores (excluding gift cards). Points do not apply to shipping fees, taxes, and other fees.
Get two hundred fifty (250) Points on your birthday (a twenty-five dollar ($25.00) value).
Exclusive access to limited edition styles.
Free returns on a minimum spend of $50 or more.
Receive VIP Members-only sales and invitations to VIP Members-only events.

Qualifying Activities may be added, changed, discontinued or be made available again, at any time, and from time to time in Brixton’s sole and absolute discretion.

Points in the Program automatically expire twelve (12) months after they earned if they have gone unused. Further, to keep your Member Account active, Members must earn Points within the previous twelve (12) months. Points earned through the Program will expire twelve (12) months from the last day of Points-earning Qualifying Activity on the Member Account. If no new Points are earned for a consecutive twelve (12) month period, Brixton shall automatically expire all of your accrued, but unused redeemable Points. Brixton may, in its discretion, send you periodic notifications to remind you that your Points will expire upon the 12^th month of inactivity. However, it is your responsibility to monitor your Program account and Points status. Additionally, if you fail to log-in to your Member Account for any consecutive twelve (12) month period, your Points will automatically expire. Please note that we reserve the right to institute additional expiration dates for Points, as determined in our sole discretion. Certain actions taken prior to Program sign-up may be eligible to earn Points, in Brixton’s sole and absolute discretion, and will be automatically credited by Brixton to your Member Account. Points can be tracked in your Member Account. Points are always subject to verification and eligibility determined by us, in our sole and absolute discretion. Additionally, except as otherwise provided by applicable law, you will forfeit all unused Points if your participation in the Program is terminated or your account is cancelled for any reason. You will also forfeit Points as described below. You will not receive any compensation or new Points for your Points that expire or are forfeited.

Points are not earned on returns, refunds, credit adjustments, unauthorized or fraudulent charges, charges that violate these Terms or any additional terms that apply to the Program, purchases made by or for a business or for a business purpose, fees, or other account activities not listed as accruing Points in any Program materials or these Terms. Other exclusions may apply. We have the right to deduct Points from your Points balance for charges that were not or do not remain qualifying purchases. If your Points balance goes negative, you must first earn Points to bring your Points balance to zero (0) before earning any Points eligible for redemption. Points you earn may not be combined with Points earned on any other account. Points you earn may not be combined with Points earned by anyone else. POINTS EARNED HAVE NO CASH VALUE AND MAY NOT BE USED AS PAYMENT OF ANY OUTSTANDING OBLIGATION TO Brixton. Points earned from a qualifying purchase shall be deducted from Member’s account if the qualifying purchase is returned or exchanged.

Points from a qualifying purchase will post to your account within twenty-four (24) hours of date of online or in-store purchases at qualifying Brixton flagship stores. At any time, we may verify and adjust your Points balance based on our records and based on certain purchases not constituting, or no longer constituting, qualifying purchases. Points from other actions as described above other than from a qualifying purchase will post to your account up to forty-eight (48) hours after you have completed the action, as determined by Brixton in its sole discretion. Points will remain available in your Points balance until they are redeemed, forfeited, or expire.

Points are not your property and are not transferable to anyone by operation of law or otherwise. Points may not be sold, purchased, brokered, bartered, transferred, or altered in any way by you. Any attempted transaction of such sort will automatically be void. Anyone engaging in such transactions will be liable for damages to us, including, but not limited to, consequential damages, third party damages, transaction costs, attorney’s fees, and court costs. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused Points. Anyone selling, purchasing, brokering, bartering, transferring, or altering Points, either wholly or partially, shall be liable for payment of the applicable full retail price of any Rewards obtained with them, as well as all damages, including, but not limited to, consequential damages, transaction costs, and litigation costs (including attorney's fees and costs at trial and on appeal and in any bankruptcy proceeding). Any brokered, bartered, altered, sold, or purchased Points shall likewise be void and may be deducted from your Points balance. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused Points.

We reserve the right, in our sole discretion, at any time during the duration of this Program, all as set forth in these Terms, to: (i) change the number of Points awarded, or to award no Points, for any particular Qualifying Activity, (ii) offer additional or new Qualifying Activities 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 for engaging in a Qualifying Activity or engaging in the activity during a specific time period, and (v) offer Points earning opportunities to select groups of Members. Also, Brixton may offer Points for engaging in a Qualifying Activity under one set of rules for one promotion and may opt not to offer Points for engaging in that same activity under a subsequent promotion. Once a Qualifying Activity has been successfully completed and verified, the corresponding number of Points will appear in your Member Account.

Each Member will be responsible for ensuring the accuracy of his/her Program Point totals. If Points you believe were earned have not timely posted online to your Points balance, you may dispute your Points balance (“Points Dispute”) by immediately notifying us at: customerservice@brixton.com. We will use reasonable efforts to investigate your Points Dispute if you notify us within thirty (30) days of the posting date. If you do not notify us within that period, you waive your right to make a Points Dispute with respect to that purchase. We may require you to provide written confirmation of the dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation or a valid receipt. Upon completion of the investigation, we will have no further responsibilities if you later reassert the same Points Dispute. Your sole and exclusive remedy and our maximum liability to you in the event you prevail in a Points Dispute is for us to credit the disputed Points to your Points balance. Please note that the dispute rights under this Section 3 only apply to Points Disputes and do not apply to your other rights and obligations under the Program, which must be resolved solely as set forth in these Terms.

Any Points you earn by completing a Qualifying Activity are considered a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right solely for use towards the earning of rewards. Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your Points, which remain Brixton property at all times. Points have no “real world” or cash value and are not redeemable for cash, transferable or assignable for any reason or otherwise by operation of law. Points have no purpose or use except in exchange for rewards (if any) offered via the Program. Accordingly, you may not purchase, sell, barter, or trade any Points, or offer to purchase, sell, or trade any Points or other virtual items. Points will not be valid unless earned in strict compliance with the requirements as established and intended by us, and Member shall not attempt to earn Points by any means (including, without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements. Brixton reserves the right to take any other or additional action it deems appropriate, in its sole discretion, in the event that Brixton believes, in its sole discretion, that a Member (or Members) have violated these Terms. You agree to abide by Brixton’s final and binding decisions regarding the Program and your participation in it.

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4. Member-Required Disclosures and Representations and Warranties.

In connection with certain Qualifying Activities, from time to time, Members will receive access to Brixton content that is made available by us through the Program (“Official Content”), and, depending on your selected settings, will include a request for permission to post that Official Content on Member’s behalf at various third party social sharing sites, such as instagram.com, twitter.com, or other sites or services we make available from time to time during the Program (the “Approved Sites”), which Approved Site accounts are registered by Member with the Program (“Site Accounts”) or will provide Member with the option to disapprove Official Content if they have selected the “auto post” content option. Each participant enrolled in this Program (each, a “Member”) who submits or shares Official Content or User Content (defined below) on an Approved Site in connection with this Program is required by these Terms and by law to disclose anything of value that is received by the Member from Brixton as encouragement for the Member’s sharing of such content.

You acknowledge and agree that if any such disclosures are included by Brixton within any messaging that you share from the Program, you will not edit, alter or otherwise remove these disclosures from the message. You acknowledge that any failure to abide by the requirements set forth in the previous sentence may result in the termination of your Member Account and forfeiture of all your Points. Additionally, if you choose to share Member Content or otherwise disclose your participation in the Program on your own or if the share functionality does not auto-generate the required disclosures, you agree to include the following statements as part of any message that mentions or otherwise references the Program, the User Content, the Official Content, or Brixton: (i) solely, for posts on the X platform, you agree to include the hashtags “#BrixtonRewards” and “#sponsored”; and (ii) in any other message posted on any other social media platform, site or blog, you agree to include the following statement directly below the message: “In exchange for sharing content about Brixton, I may earn points or entries into promotions as part of BrixtonRewards.” Members agree and represent and warrant to the following statements:

I will not post any information or content or conduct any activity that may violate, or which encourages the violation of, applicable local, state or federal laws or regulations and will promptly remove any such content upon request by Brixton.
I will not post any information or content that may infringe any intellectual property or other right of any third party and will promptly remove any such third party content upon request by Brixton.
I have read and will fully comply with the Federal Trade Commission’s (“FTC’s”) Endorsement and Testimonial Guides (“Guides”) (http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf) when talking or writing about Brixton. Further, and without limitation, I:

Will clearly and conspicuously disclose my true identity and that I have received compensation and product and/or other incentive items from Brixton (as applicable) proximate to any mention by me of Brixton;
Will not make any false, misleading or deceptive statement about Brixton’s products or services;
Ensure that all my statements accurately reflect only my honest, current opinions and beliefs based on my personal experience;
Will not purport to speak on behalf of Brixton; and
Maintain my social media activities related to this Program in a manner appropriate for a family audience and will not be rude or abusive.

I have watched the FTC’s video guidance for bloggers on how to comply with the Guides: http://business.ftc.gov/multimedia/videos/endorsement-guides and will follow the guidance at http://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhat-people-are-asking.

I will strictly comply with all applicable Approved Site terms of service, membership agreements, privacy policies, and other similar applicable governing documents of any third-party sites, services or venues that I use in performing Program activities, including, without limitation, X’s Terms of Service and Facebook’s Statement of Rights and Responsibilities.

Additional Guidelines for Customer Reviews: The following guidelines apply to User Content that constitutes a review of a Brixton product or service (“Review”), and these additional guidelines shall apply in the event that your User Content is a Review:

Reviews may only be of products or services sold on the Website and you must be a bona-fide user of the Brixton product or service that you reference in your Review;
Reviews must be appropriate to the forum. For example, Reviews aren’t the place for rants about political ideologies, Brixton’s employment practices, extraordinary circumstances, or other matters that don’t address the Brixton product or service you are reviewing;
Reviews should reflect your genuine experience with Brixton’s products and services and be a true and accurate reflection of your honest experience(s), view(s), finding(s), belief(s) and opinion(s) based on your personal use of the Brixton product/service you are reviewing;
Don’t post fake Reviews, don’t post the same Review multiple times, and don't post Reviews for the same product or service from multiple accounts;
Reviews should reflect your first-hand experience, not what you heard from someone else, or what you saw in the news. Tell your own opinion without resorting to broad generalizations and conclusory allegations;
Make sure your Review is factually correct. Feel free to express your opinions, but don’t exaggerate or misrepresent your experience;
Reviews should not make any product performance or attribute claims about Brixton products or services;
If you receive Points for leaving a Review or if you receive a Brixton product or service from Brixton for free (as a gift from us or otherwise) (a “Gift”), in order to comply with your obligations set forth in the Guides, your Review must contain a disclosure of the fact that you received the Gift free of charge from Brixton (the “Disclosure”). Such Disclosure must be prominent, clear and conspicuous and communicated in a way that a reader of your Review is likely to notice and understand. It’s not too complicated – it should just be straightforward and upfront. Here are a couple of examples of how this Disclosure can be made very easily and simply:

“I accepted a free promotional reward from Brixton in connection with my review.”
Thanks Brixton for the free promotional reward and I think...”

*** Any Brixton team member or employee who writes a Review must disclose that they are affiliated with or compensated by Brixton. ***

We may restrict your ability to submit or post a Review when we detect unusual reviewing behavior, or to maintain the best possible shopping experience; and
If your Review is removed or rejected because it does not comply with these Terms, you may not resubmit a Review on the same product or service, even if the resubmitted Review includes different content.

If a Member posts a Review of a product that they received from Brixton for free, Member represents and warrants that they have read and will fully comply with the Guides when submitted or posting the Review on the Website or elsewhere. Further, and without limitation, in such instance Member will: (i) clearly and conspicuously disclose their true identity and that they have received free product and/or other incentive items from Brixton (as applicable) proximate to any mention by Member of Brixton; (ii) will not make any false, misleading or deceptive statement about Brixton’s products or services; and (iii) will ensure that all statements accurately reflect only Member’s honest, current opinions and beliefs based on Member’s personal experience.

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5. Rewards.

A. Rewards Generally. Once earned, Points will be deposited into your Member Account profile and can be used to acquire rewards such as merchandise or offers/discounts on future Brixton purchases. The rewards section of the Program website will list the corresponding Point value required to redeem any item. Based on your loyalty tier (“Reward Level”), when you earn enough Points to rise to the next Reward Level, you may be eligible for certain additional Rewards not available to the base Reward Level. Members may apply a portion or the full amount of their earned Rewards Points towards a discount in the next qualifying order in an amount reflected upon Point redemption. Rewards, and the redemption thereof, and any other related information are subject to prior confirmation of eligibility, compliance with these Terms. Reward Levels and corresponding Points that must be accrued to reach that Reward Level are described above in Section 3 and on the Program section of the Program website. The Program website may also list the most up to date corresponding Point value required to redeem for a Reward item discount. Rewards, and the redemption thereof, and any other related information are subject to prior confirmation of eligibility, compliance with these Terms. Rewards will not be awarded until a Member is confirmed and the verification process is complete, in Brixton’s absolute discretion. The items listed as rewards on the Program website will fluctuate as available items are redeemed and additional items are added by Brixton. Merchandise/items/prizes pictured as rewards on the website may not necessarily reflect exact colors, styles, or models of actual reward due to printing variations and/or manufacturer’s updates. Brixton makes no representations, warranties, or guarantees that any particular reward will be (or will continue to be) available or offered in the Program. Reward availability is limited and is on a first-come, first-served basis. Brixton reserves the absolute right to modify, change, delete or add rewards, or any element thereof at any time. Brixton reserves the right to modify the Point value(s) for any reward, at any time and for any reason, during the Program Period. All redemptions are subject to these Terms and all limitations or requirements on the Program website.

When using Points towards a purchase, Members can redeem up to a maximum of $50 worth of Points per purchase and the total purchase amount must be greater than $50 but these amounts are subject to change through the posting of updated requirements on the Program website. Reward Levels are subject to change without notice. Once you’ve earned a Reward coupon, your Points balance will be reduced by the number of Points used to obtain the Reward coupon. Rewards will be displayed on your Program account up to twenty-four (24) hours after reaching the appropriate Points accrual level. You can view your earned Rewards via your Program account. During online checkout, reward amounts are displayed in the Members account and a Member can apply rewards to their order balance. Rewards will be distributed in U.S. dollars.

Reward coupons expire on the date set forth on the reward coupon. Once issued, Reward coupons cannot be withdrawn or changed by us, even if we withdraw or modify the Program, except as expressly provided in these Terms.

Reward coupons cannot exceed the transaction amount. You may not combine a Reward coupon with any other discount or certificate, except as otherwise provided in the offer. Each Reward coupon may be used for only one purchase. Rewards shall not be refunded if you return or exchange merchandise purchased using a Reward coupon. Points earned towards such Reward shall not be reinstated to your account. Reward coupons are issued for reward purposes only. Reward coupons have no cash value, may not be applied to taxes or shipping charges, and may not be redeemed for partial Rewards, merchandise, or any other value.

Reward coupons will not be honored retroactively in connection with any prior purchases. Reward coupons may not be used as payment of any outstanding obligations to any other party other than Junk Food. Any additional exclusions or limitations for use of Reward coupons will be provided to you on the Reward via mail, phone, email, or other methods permitted under applicable law.

To the extent allowed by applicable law, we may cancel any earned or outstanding Reward coupon if we become insolvent, unable to pay our debts when due, file an action under the U.S. Bankruptcy Code, or have such an action filed against us.

To spend/redeem your Points on merchandise, navigate through the items on the Program website. You can choose any item still available for which you have accumulated sufficient Points for redemption. Click the image corresponding to the item you wish to redeem and follow the links and instructions to complete the redemption process. As part of the redemption process, you will receive a confirmation email and when applicable, an email confirming that the order has been processed. Emails will be sent to the email address associated with the Member’s Member Account. The total number of Points a Member can use to redeem an item at any given time is the total number of Points available in their Member Account at the time of redemption. Once a Member has ordered an item from the rewards section of the Program website, the order is final and the appropriate number of Points will be deducted immediately from their Member Account.

Brixton reserves the absolute right to modify, change, delete or add rewards, or any element thereof at any time. Brixton reserves the right to modify the Point value(s) for any reward, at any time and for any reason, during the Program Period. All redemptions are subject to these Terms and all limitations or requirements on the Program website.

B. Provide Accurate Information. Each Member is responsible for ensuring the mailing address associated with his/her Member Account is accurate and up to date. We are not responsible for non-receipt of an item shipped to the mailing address associated with a Member’s Member Account. Changes to Member Accounts or the information in them should only be made by the Member to whom such accounts belong.

C. Points Redemptions are Final. All Points redemptions for items are final. Points will not be refunded or placed back in a Member’s quantity of redeemable Points for any reason after an order has been placed and merchandise may not be returned for any reason except if the item is damaged or defective, in which case item will be replaced with the same or like item, subject to availability.

D. Rewards with Limited Availability. Some items available in the Rewards section of the Program website may be available in limited quantities, or for a limited time, and will be noted as such. Once the total available number of any such item have been claimed, or once the limited time to redeem such an item has expired, that item will be removed from the Rewards section of the Program website. If there is a particular reward offered that you would like to receive, you should redeem your Points for that reward as soon as possible (once you have enough Points) because supplies or redemption time may be limited and the Program may be discontinued at any time in our sole discretion. Many rewards are awarded on a first-come, first-served and while-supplies-last basis. If you redeem your Points for a reward and we determine that the reward was unavailable, out of stock or for whatever reason cannot be provided to you, we will “refund” the Points that you exchanged for the reward.

E. Forfeiture of Points. Any Points remaining in a Member Account thirty (30) days after the Program End Date (defined below) will be forfeited without compensation. The Points have no cash value and are only redeemable for items offered via the Program.

F. Points Conversion. From time to time, we may make items available in the Rewards section of the Program website that will allow you to convert your accrued Points into rewards such as gift cards or similar items based on a pre-determined conversion ratio set by us. You understand and agree that we may set the Points conversion ratio for any such rewards in our sole and absolute discretion and we may change such conversion ratio at any time throughout the Program Period. The conversion ratio for Points into rewards may vary among retailers or rewards providers and all details regarding the specific conversion ratio applicable to a reward will be provided in the Rewards section of the Program website. We also reserve the right to charge you an administrative fee such as a processing or handling fee when converting your Points to a form of gift card (or similar reward item) and you agree to pay any such amounts if requested by us at the time of Points redemption.

G. Rewards Sweepstakes. From time to time, as part of the Program activities, Brixton may elect to conduct sweepstakes, some of which may be open for entry only to Members and other which may be open to the general public (each, a “Sweepstakes”). Points may also be redeemable for entries in each Sweepstakes that may be offered from time to time as part of the Program activities. All Sweepstakes are subject to all rules, terms and conditions of the Sweepstakes, and described in the Official Rules that accompanies the Sweepstakes. Methods of entry into the various Sweepstakes will be detailed in the Official Rules. Members may enter the Sweepstakes by redeeming the specified number of Points for the specified number of entries as described in the Official Rules.

H. Release and Taxes. Members agree to sign an affidavit, release of liability, publicity release or similar agreement if requested by us prior to receiving your reward. Members are responsible for all applicable taxes, including income tax liability, associated with any item acquired under the Program. Brixton will issue an IRS Form 1099 to Members obtaining any item(s) with a combined total value equal to $600 or more in any single calendar year. Members obtaining any item(s) with a combined total value equal to $600 or more in any single calendar year will be required to provide his/her Social Security Number within the timeframe specified for tax reporting purposes prior to the shipment of the item(s). An IRS Form 1099-MISC will be issued to him/her for the total value of all items awarded for the tax year in which the item(s) are awarded.

I. Delivery of Rewards. Rewards that constitute merchandise will be mailed to your address that you provided when you redeem your Points. Rewards shipped via postal mail will be shipped within approximately eight (8) to twelve (12) weeks from the date your order is processed, unless the Program website states a different schedule or the particular reward you ordered is limited in quantity, backordered, or out of stock. We are not liable for any damages to, losses of or delays in any shipments. Rewards that are undeliverable for whatever reason (including because your Program information is incorrect) will not be re-sent and are forfeited, and the Points will not be refunded. After ordering a merchandise reward, you may receive a confirmation email with an order number, which you should retain for your records. If you contact us in the future about your reward order, you may be required to provide your order number.

6. Timing and Termination.

The “Program Period” will start on the first public announcement of the Program and end on a date to be determined in Brixton’s sole and absolute discretion, which date shall be posted on the Program or sent to you via email (the “Program End Date”). Brixton makes no guarantee or representation as to the length of time during which the Program will be offered, and the Program could end at any time. Brixton reserves the right to cancel, modify, restrict, suspend or terminate this Program or any aspect or feature of the Program, including Points, and/or extend or shorten the current Program Period at any time without notice. After the Program End Date, Members will no longer be permitted to earn Points. Members will have thirty (30) days after the Program End Date (or the specific number of days noted in the Program ending announcement) during which to redeem any remaining Points in their Member Account. After such thirty (30) day period, all Points will expire and the Program will no longer be available, and no further liability will be owed by us to any Member. Any Points remaining in a Member Account thirty (30) days after the Program End Date will be forfeited without compensation.

These Terms will remain in full force and effect while you use the Program and/or are a Member. We may suspend or terminate your membership for any reason, at any time, including if you fail to remain in good standing in the Program. If we suspend or terminate you because you have breached these Terms, you may either be terminated from the Program or otherwise be restricted by us from redeeming Points or earning more Points until such time (if ever) when we reinstate your membership (at our discretion). In the event that you are terminated as a Member, we may elect to immediately void all of your accumulated Points and, in such instance, you shall not be entitled to redeem Points for any items. Even after your participation is terminated, these Terms will remain in effect. We reserve the right, at our sole discretion, to pursue all of its legal remedies, including, but not limited to, deletion of your Member Account, profile and submitted User Content, from the Program upon any breach by you of these Terms.

If you wish to discontinue your participation in this Program, please contact us at customerservice@brixton.com.

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7. Content, Ownership, Limited License and Rights of Others.

A. Content. The Program contains a variety of: (i) materials and other items relating to Brixton and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Program, and the compilation, assembly, and arrangement of the materials of the Program and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Brixton (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).

B. Ownership. The Program (including past, present, and future versions) and the Content are owned or controlled by Brixton and/or our licensors and certain other third parties. All Content included on the Program is used with the permission of Brixton, such as text, graphics, logos, icons, images, and audio clips. All right, title and interest in and to the Content available on the Program is the property of Brixton or our licensors or certain other third parties and is protected by United States and international copyright, trademark, patent or other intellectual property rights to the fullest extent possible.

C. Limited License. Subject to your strict compliance with these Terms and any Additional Terms, Brixton grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Program explicitly for you for use as part of or to be incorporated into your User Content (“Brixton Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the Brixton Licensed Elements are made available on the Program; but we and our licensors and certain other third parties, as the case may be, retain ownership of such Brixton Licensed Elements. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Brixton’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or Brixton Licensed Elements, subject to certain Additional Terms. You may not distribute, modify, transmit, reuse, re-post, or use the Content on the Program for public or commercial purposes, including the text, images, audio, and video without Brixton’s written permission.

D. Rights of Others. When using the Program, you must respect the intellectual property and other rights of Brixton and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Brixton respects the intellectual property rights of others.

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8. Terms Applicable to User Content.

A. User-Generated Content.

(i) General. Brixton may now or in the future offer Members the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Program messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Brixton Licensed Elements included therein, “User Content”). Brixton may allow you to do this through forums, blogs, message boards, social communities, e-mail, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Content.

(ii) Non-Confidentiality of Your User Content. Except as otherwise described in the Brixton posted Privacy Policy or any Additional Terms, you agree that: (a) your User Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) Brixton does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon Brixton’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content and do so at your own risk.

In your communications with Brixton, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for vehicles, music, web sites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Program are deemed User Content and licensed to us as set forth below. In addition, Brixton retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Brixton’s receipt of your Unsolicited Ideas and Materials is not an admission by Brixton of their novelty, priority, or originality, and it does not impair Brixton’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

(iii) License to Brixton of Your User Content. Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your User Content, you hereby grant to Brixton, and you agree to grant to Brixton, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to Brixton to your User Content, you also hereby grant to Brixton, and agree to grant to Brixton, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 8(A)(iii).

(iv) Brixton’s Exclusive Right to Manage our Venue. Brixton may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Content, and Brixton may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User Content without notice or any liability to you or any third party in connection with our operation of User Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including without limitation, the content restrictions set forth in the Code of Conduct. Such User Content submitted by you or others need not be maintained on the Program by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content in connection with the Program or elsewhere.

(v) Representations and Warranties Related to Your User Content. Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content: (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant Brixton the rights to it that you are granting by these Terms and any Additional Terms, all without any Brixton obligation to obtain consent of any third party and without creating any obligation or liability of Brixton; (b) the User Content is accurate; (c) the User Content does not and, as to Brixton’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User Content will not violate these Terms (including the Code of Conduct) or any Additional Terms, or cause injury or harm to any person.

(vi) Enforcement. Brixton has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at Brixton’s cost and expense, to which you hereby consent and irrevocably appoint Brixton as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

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9. Member Disputes.

You are solely responsible for your interactions with other Members, whether online or offline. We are not responsible or liable for the conduct or content of any Member. Brixton reserves the right, but have no obligation, to monitor or become involved in disputes between you and other Members. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.

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10. Code of Conduct.

You understand and agree that Brixton may review and delete any User Content that in the sole judgment of Brixton violates these Terms or which might be offensive, inconsistent with what is appropriate in our Program, illegal, or that might violate the rights, harm, or threaten the safety of Members. The following is a list of the kind of User Content that is prohibited on the Program. Brixton reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including, without limitation, removing the offending User Content from the Program and terminating the membership of such violators. Content that violates the “Code of Conduct” includes, but is not limited to, User Content that:

is patently offensive, such as User Content that promotes racism, discrimination, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person or any cursing, stalking, insuring comments, personal attacks or gossip;
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”, or flooding;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
displays obscene, pornographic or sexually explicit material of any kind or is defamatory or slanderous;
promotes any infringing, illegal, or other similarly inappropriate activity;
impersonates any other person, user, or company, or may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company;
solicits personal information from anyone; and
engages in commercial activities and/or sales without Brixton’s prior written consent, including, but not limited to, contests, sweepstakes, barter, advertising, and pyramid schemes.

Even though all of this is strictly prohibited, there is a small chance that Members might become exposed to such items and each Member further waives Member’s right to any damages (from any party) related to such exposure.

Your participation in the Program is subject to these additional rules that are part of our Code of Conduct:

Your User Content. All of your User Content either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any Additional Terms. Your User Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User Content or has any rights to your User Content, or if anyone appears in the User Content, then you must also have their permission to submit such User Content to Brixton. (For example, if someone has taken a picture of you and your friend, and you submit that photo to Brixton as your User Content, then you must obtain your friend’s and the photographer’s permission to do so.)
Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Program, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.
Don’t Damage the Site or Anyone’s Computers or Other Devices. Your User Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Program or any computer or other Device.
Others Can See. We hope that you will use the Program to exchange information and content and have venue appropriate discussions with other members. However, please remember that the site pages of the Program may be public or semi-public and User Content that you submit in connection with the Program may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on public or semi-public spaces and take care when disclosing this type of information to others.
Don’t Share Other Peoples’ Personal Information. Your User Content should not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by Brixton.

If you submit User Content that we reasonably believe violates this Code of Conduct, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User Content in question being removed from the Program.

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11. Program and Content Use Restrictions.

A. Program Use Restrictions. You agree that you will not: (i) use the Program for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) transmit any chain letters or junk email to other Members; (iii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iv) engage in any activities through or in connection with the Program that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Brixton; (v) reverse engineer, decompile, disassemble, reverse assemble, or modify any site source or object code or any software or other products, services, or processes accessible through any portion of the Program; (vi) engage in any activity that interferes with a user’s access to the Program or the proper operation of the Program, or otherwise causes harm to the Program, Brixton, or other Members of the Program; (vii) interfere with or circumvent any security feature of the Program or any feature that restricts or enforces limitations on use of or access to the Program, the Content, or the User Content; or (viii) otherwise violate these Terms or any Additional Terms.

B. Content Use Restrictions. You also agree that, in using the Program: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Program by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content (other than to the extent of your permitted use of the Brixton Licensed Elements, if applicable); (vi) you will not modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party application or websites, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Brixton or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.

C. Availability of Program and Content. Brixton may immediately suspend or terminate the availability of the Program and Content (and any elements and features of them) in whole or in part for any reason, in Brixton’s sole discretion, and without advance notice or liability.

D. Reservation of All Rights Not Granted as to Content and Program. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Program. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Brixton and its licensors and other third parties. Any unauthorized use of any Content or the Program for any purpose is prohibited.

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12. Linked Sites and Advertisements; Dealings with Third Parties.

A. Linked Sites and Advertisements. In addition to Perks, the Program may also contain other links to sites that are controlled by third parties (“Linked Sites”). Those Linked Sites are not controlled by Brixton, and Members acknowledge that Brixton is not responsible for the content of any such Linked Site or any link contained in a Linked Site. Brixton provides such links only as a convenience, and the inclusion of any link does not imply endorsement by Brixton of any Linked Site. Brixton does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Brixton is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Sites. Finally, Brixton will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Sites. Brixton disclaims all liability in connection therewith.

B. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Program (including on or via Linked Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Brixton disclaims all liability in connection therewith.

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13. Disclaimers.

YOUR ACCESS TO AND USE OF THE PROGRAM IS AT YOUR SOLE RISK.

THE PROGRAM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Brixton, PGI, their parent companies and each of their respective subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “Program Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

(a) the Program (including the Content and the User Content) and the website that makes the Program available;

(b) the functions, features, or any other elements on, or made accessible through, the Program and the Program website;

(d) security associated with the transmission of your User Content transmitted to Brixton or via the Program website;

(e) whether the Program website or the servers that make the Program website available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);

(f) whether the information (including any instructions) on the Program website is accurate, complete, correct, adequate, useful, timely, or reliable;

(g) whether any defects to or errors on the Program website will be repaired or corrected;

(h) whether your access to the Program website will be uninterrupted;

(i) whether the Program website will be available at any particular time or location; and

(j) whether your use of the Program is lawful in any particular jurisdiction.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A PROGRAM PARTY, BRIXTON PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

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14. Limitation on Liability.

UNDER NO CIRCUMSTANCES WILL ANY PROGRAM PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:

(a) the Program (including the Content and the User Content) and the website that makes the Program available;

(b) your activities in connection with the Program and Program website;

(c)your use of or inability to use the Program, or the performance of the website associated with the Program;

(d) any action taken in connection with an investigation by Program Parties or law enforcement authorities regarding your access to or use of the Program;

(e) any action taken in connection with copyright or other intellectual property owners or other rights owners;

(f) any errors or omissions in the Program’s and Program website’s technical operation; or

(g) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Program Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Program).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROGRAM PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID BRIXTON IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY BRIXTON OR A MANUFACTURER OF A PHYSICAL PRODUCT.

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15. Our Rights.

Brixton reserves the right to modify, suspend, cancel or discontinue the Program, in whole or in part, for any reason, at its sole discretion, with or without notice to Members. Brixton may, among other things, withdraw, limit, modify, suspend or cancel any item and/or modify or regulate the Points, items or benefits you may have accrued. Each Member agrees that Brixton will not be liable to the Member or any third party for any modification or discontinuance of the Program. Brixton reserves the right to interpret and apply the policies and procedures communicated in these Terms. All determinations by Brixton, including determinations of eligibility, and proper authorization of Point and item redemption, shall be final and conclusive in each case. Brixton reserves the right to terminate any Member’s participation in the Program, to deny award of any item and/or terminate service if, in Brixton’s sole judgment, such Member has in any way violated these Terms.

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16. Fraud.

Fraud or abuse relating to the registration process, providing of personal information, or redemption of items is a violation of these. Users are solely responsible for any fraudulent use that may occur due to the theft of or sharing of a Member’s password. Members agree to immediately notify Brixton of any unauthorized use of their account or any other breach of security known to them. The Program is a service provided to an individual Member, not a company or other entity, and a company or other entity may not direct, encourage or allow individuals to participate for anything other than individual use. Brixton reserves the right to terminate or suspend a Member’s participation in the Program and/or void a Member’s Points if any Member engages in fraudulent activity or otherwise uses this Program other than in accordance with these Terms and applicable law.

ANY ATTEMPT BY ANY MEMBER OR ANY OTHER INDIVIDUAL OR ENTITY TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF THESE TERMS. BRIXTON RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

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17. Dispute Resolution & Governing Law.

PLEASE READ THIS ENTIRE SECTION CAREFULLY, AS YOU ARE WAIVING CERTAIN LEGAL RIGHTS IN THE EVENT OF ANY DISPUTE WITH US AND ARE AGREEING TO BINDING ARBITRATION, AMONG OTHER THINGS.

A. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, dispute or claim arises out of or relates to the Service, including, without limitation, gift cards offered via the Service, any advertising or marketing communications regarding Brixton or the Service, any products or services sold or distributed through the Service, the Content, your User Content, these Terms, any Additional Terms, or any other controversy, allegation, dispute or claim against Brixton, its parent, and all of their related entities, regarding any interaction or transaction between you and or Brixton, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Brixton’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 17(F)), then you and we agree to engage in good-faith informal efforts to resolve the Dispute or Excluded Dispute by sending a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 17(A). Your notice to us must be sent via email to: customerservice@brixton.com. The written description included in your notice must be on an individual basis and provide at least the following information: your name; the nature or basis of the claim or dispute; the date of any purchase or transaction at issue (if any and if available), and the relief sought. For a period of sixty (60) days from the date of receipt of notice from the other party, Brixton and you agree to negotiate in good faith about the dispute through an informal telephonic dispute resolution conference between you and Brixton in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Brixton to resolve the Dispute or Excluded Dispute on terms with respect to which you and Brixton, in each of our sole discretion, are not comfortable. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party’s counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process. If you reside in the U.S. (and as applicable to U.S. residents), certain portions of this Section 17 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Brixton agree that we intend that this Section 17 satisfies the “writing” requirement of the Federal Arbitration Act (“FAA”).

B. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 17(A) within sixty (60) days of receipt of the notice, then ANY DISPUTE ARISING BETWEEN YOU AND Brixton (whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, any other intentional tort or negligence), common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory), whether arising before or after the effective date of these Terms, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION.

For U.S. residents, the FAA, not state law, shall govern the arbitrability of all disputes between Brixton and you regarding these Terms (and any Additional Terms) and the Service, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Brixton and you agree, however, that the applicable state, or federal law, as contemplated in Section 17(J) below, shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Brixton regarding these Terms and the Service, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction’s choice of law principles. An Excluded Dispute will only be subject to binding arbitration pursuant to this Section 17 if the parties mutually agree.

Any Dispute will be resolved solely by binding arbitration in accordance with the then-current: (i) Consumer Arbitration Rules of the American Arbitration Association “AAA”) then in effect since the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1; and if such Consumer Arbitration Rules do not apply then: (ii) the Commercial Arbitration Rules (collectively, “Rules”) of the AAA, except as modified herein, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing, then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Brixton consent to in writing.

C. Arbitration Process. If after sixty (60) days the informal dispute resolution procedure set forth in Section 17(A) above is unsuccessful in resolving the parties’ dispute, a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules. (The AAA provides applicable forms for Demands for Arbitration available at https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf (Commercial Arbitration Rules) and https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf (Consumer Arbitration Rules), and a separate affidavit for waiver of fees for California residents only is available at https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state or county in which you reside. The parties will first attempt to agree on an arbitrator. If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receiving the AAA’s list of eligible neutrals, then the AAA will appoint the arbitrator in accordance with the Rules. The arbitration may be conducted by telephone or based on written submissions, and if an in-person hearing is required, then it will be conducted in the county where you live or at another mutually agreed upon location. You and we will pay the administrative and arbitrator’s fees and other costs (and please note that you will be responsible for a portion or percentage of such fees) in accordance with the requirements of the Rules; but if the Rules (or other applicable arbitration rules or laws) require Brixton to pay a greater portion or all of such fees and costs in order for this Section 17 to be enforceable, then Brixton will have the right to elect to pay the fees and costs and proceed to arbitration. Except as set forth in Section 17(D), the arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. The arbitrator will render an award within the time frame specified in the Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the Rules, and these Terms. The arbitrator’s award of damages and/or other relief must be consistent with the terms of the “Limitation of Liability“ Section above as to the types and the amounts of damages or other relief for which a party may be held liable. If a claim is brought seeking public injunctive relief and a court determines that the restrictions prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims will be arbitrated. In such a case, the court shall stay the claim for public injunctive relief until the arbitration pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. If the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), Brixton will have the right to recover its attorneys’ fees and expenses. This arbitration provision shall survive termination of these Terms or the Service. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com.

D. Special Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar claims are asserted against Brixton by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for Brixton shall each select five (5) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process; the parties may but are not required to agree in writing to modify the number of cases to be included in the bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings pursuant to this provision. In the bellwether process, a single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator during the bellwether process unless the parties agree otherwise. After decisions have been rendered in the first ten (10) cases, Brixton and all claimants shall engage in a global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the bellwether cases. If the parties are unable to resolve the remaining cases after the mediation, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. After decisions have been rendered in the second group of twenty (20) cases, Brixton and all claimants shall engage in a second global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the decided bellwether cases; if a global settlement cannot be reached in the second mediation, the parties also may discuss with the mediator the process for resolving the remaining cases with the benefit of the decisions in the first two (2) rounds of bellwether cases; the parties are not required to agree to any modifications to the process set forth herein. Absent a settlement or agreement to modify the procedure for arbitrating the remaining cases, in order to increase the efficiency of administration and resolution of arbitrations, the arbitration provider shall: (i) administer the arbitration demands in batches of fifty (50) demands per batch (to the extent there are fewer than fifty (50) arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate one (1) arbitrator for each batch; and (iii) provide for a single filing fee due per side per batch. You agree to cooperate in good faith with Brixton and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This “Batch Arbitration” provision shall in no way be interpreted as authorizing class arbitration of any kind. Brixton does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 17(D). The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Section 17(D) from the time of the first cases are selected for a bellwether process until the time your case is selected to proceed, withdrawn, or otherwise resolved. A court shall have authority to enforce this Section 17(D) and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Brixton.

E. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 17(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section 17(A); (b) filing for arbitration as set forth in Section 17(B); or (c) filing an action in state or Federal court.

F. Injunctive Relief. The foregoing provisions of this Section 17 will not apply to any legal action taken by Brixton to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, your User Content and/or Brixton’s intellectual property rights (including any that Brixton may claim are in dispute), Brixton’s operations, and/or Brixton’s products or services.

G. No Class Action Matters. YOU AND BRIXTON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Except as expressly contemplated for mass arbitrations set forth in Section 17(D), Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 17(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 17(H). Notwithstanding any other provision of this Section 17, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement.

H. Jurisdictional Issues. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in Orange County, California. Accordingly, you and Brixton consent to the exclusive personal jurisdiction and venue of such courts for such matters.

I. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction.

J. Governing Law. These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with the laws of the State of California, without regard to its conflicts of law provisions

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18. Waiver of Injunctive or Other Equitable Relief.

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITES, APPLICATION, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US (INCLUDING YOUR LICENSED USER CONTENT) OR A LICENSOR OF BRIXTON.

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19. Indemnity.

In exchange for the right to participate in the Program, you agree to indemnify, defend (at our option) and hold us harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) your User Content; (ii) your use of the Program and your activities in connection with the Program; (iii) your breach or anticipatory breach of these Terms or any Additional Terms; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Program or your activities in connection with the website and the Program; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) our use of the information that you submit to us (including your User Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Brixton. We are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.

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20. Updates to Terms.

These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which they apply, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE PROGRAM YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE PROGRAM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE REVISED TERMS. Therefore, you should review the posted terms of service and any applicable Additional Terms each time you use the Program (at least prior to each transaction or submission). The revised Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Program will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, and the e-mail you associated with your Member Account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Program and related services.

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21. Communications, Notices & Customer Service.

By signing-up for the Program, you agree that: (i) we may give you notices of important matters by prominently posting notice on the home page of the Program or in another reasonable manner we determine in our sole discretion; and (ii) we may contact you and send you communications by postal mail and e-mail at the addresses provided in your Member Account. These communications may include marketing communications about the Program as well as other promotional offers unrelated to the Program and you consent to receive these communications from us even if you previously indicated to us that you no longer wanted to receive communications from us. Your sign-up to the Program will serve as your express agreement to receive these marketing and similar communications from us. You may prospectively modify certain types of email communications that you receive from us relating to the Program by following the instructions contained within such emails. Such changes will only impact our email communications to the extent described in the modification process. You agree to promptly notify us if you change your e-mail or mailing address by updating your Member Account.

If you have a question regarding using the Program, you may contact Brixton Customer Support by calling our toll-free number at 866-264-4245. You acknowledge that the provision of customer support is at our sole discretion and that we have no obligation to provide you with customer support of any kind.

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22. General Provisions.

A. Severability. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.

B. Investigations; Cooperation with Law Enforcement; Termination; Survival. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of its site’s security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms and any Additional Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms and any Additional Terms; and (vi) discontinue the Program, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to us under these Terms or any Additional Terms. Upon suspension or termination of your access to the Program, or upon notice from us, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Program. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

C. Assignment. We may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Brixton.

D. No Waiver. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or us in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

E. Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Program and you will be responsible for all charges related to them.

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23. Notice of Financial Incentives.

We sometimes offer exclusive price discounts, rewards, offers, deals, coupons, services, and other perks for (a) customers who enjoy our loyalty and rewards programs; (b) recipients of our mailing lists who were presented with a financial incentive to sign up; and (c) applicants or registrants who were presented with a financial incentive for their application or registration (collectively, “programs”). Through these program offerings, consumers may provide us with some personal information (e.g., name, postal address, email address, phone number, birthday, and other similar forms of personal information) when they join our programs. There is no obligation to join our programs and consumers may opt out. The details of each program are contained in the program offering. We offer these programs to, among other things, enhance our relationship with customers. The value to our business, in the aggregate, of customers’ personal information depends on specific facts, such as whether and to what extent they take advantage of any offerings. The value we place on the personal data that we collect in connection with these programs is calculated by determining the approximate additional spending per promotion participant, compared to individuals for whom we do not have email addresses, shopping history, and preferences, or other collected information.

You may join our programs by signing up in the manner invited for an individual program. And you can opt out of these programs by contacting Support. For more information on financial incentives, see our Privacy Policy.

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