TIMBERLAND COMMUNITY TERMS
Timberland, a division of VF Outdoor, LLC is proud to offer the Community Program (“Program”).
Timberland, a division of VF Outdoor, LLC, is proud to offer the Timberland Community (the “Program”).
1. Welcome to the Program.
In the Program, Members receive special perks including free shipping and special opportunities for signing up on-line at www.timberland.com (the “Website”), at Timberland® full-price retail stores and at Timberland® stores (collectively, “Timberland Stores”).
There is no membership or other fee to join the Program.
2. Who Can Join?
The Program is available to legal residents of the United States who are 18 years (or age of majority in their state/province of residence, whichever is greater) or older. Before joining and/or participating in the Program, you are strongly advised to carefully review these Terms.
3. How To Join.
- You may register for the Program at the Website.
- Create an account† with your first and last name, e-mail address**, and a password. (If you like, you may provide your date of birth and telephone number as well, but neither is required.)
Check the box that you have read and agree to these Program Terms.
†Your online Program account will show your Activity History (see below). It is your sole responsibility to assure that your account information is current and otherwise accurate, updating such information, as necessary.It is also your sole responsibility to immediately inform us of any suspected unauthorized activity in your account. Follow the prompts on the website or call Timberland Customer Service toll-free at 888-802-9947. Timberland U.S. Customer Service is available Monday – Friday, from 10:00 a.m. – 8:00 p.m. Eastern Time.
**Any dispute as to ownership of account will be resolved by Timberland based on its determination of the authorized account holder of this e-mail address.
4. Program Benefits
Members receive the following exclusive benefits (“Benefits”):
- New Member Welcome of twenty percent (20%) discount on qualifying Timberland purchase; exclusions apply, cannot be combined with any other offer, discount, coupon or promotion
- Free standard shipping for all orders in the continental US
- Early access to Timberland limited edition collections and collaborations;
- Free in-store boot cleaning at all Timberland Stores;
- Annual birthday gift of twenty percent (20%) discount on qualifying Timberland purchase; exclusions apply, cannot be combined with any other offer, discount, coupon or promotion. Please note you must opt-in to marketing communications to receive this benefit.;
- VIP experience and events including but not limited to NYC hike club, free customization, free repair all at select locations
The preceding will be offered by Timberland from time to time, in its sole discretion. Restrictions apply to each benefit; for example, the specific qualifying products for which a gift will be provided with purchase. In all cases, Timberland will disclose such restrictions in conjunction with offering the corresponding benefit.
5. Timberland’s Right To Modify
Timberland reserves the right to change the Program (and these Terms, as applicable) at any time in its sole discretion. Such changes may include, by way of example only, the following:
- Modifying Benefits which are available; and
- Modifying the procedure for becoming a Member.
In addition to the foregoing, Timberland reserves the right to cancel the Program altogether.
Timberland will try to provide reasonable notice via the Website and posting at Timberland Stores (and/or via e-mail notification to each Member, in Timberland’s sole discretion) in advance of such changes (or Program cancellation, as the case may be) taking effect. Such notice will explain the change (or Program cancellation, as the case may be) and when it takes effect. To the extent that such change affects these Terms (as well as Program cancellation), these Terms will be modified accordingly with the change and its effective date being highlighted herein. However, due to an event beyond the reasonable control of Timberland (that is, a force majeure event, such as a riot, civil commotion, governmental action, natural disaster, pandemic/epidemic, materials shortage, act of fraud), Timberland reserves the right to have such changes take effect immediately, without liability of any kind under any legal theory.
Your continued Membership in the Program constitutes your agreement to such changes to the Program (or the cancellation of the Program, as the case may be). You are strongly advised to review these Terms from time to time to make sure that you are fully aware of the current conditions governing operation of the Program.
Privacy & E-Mail Notifications
In joining the Program, you may agree to receive e-mail messages from Timberland from time to time relating to your participation in the Program. If you elect to receive these e-mails, you will receive e-mails relating to your participation in the Program from Timberland unless you decide to cancel your Membership as per below. (In the U.S., such messages are commonly referred as “transactional e-mails.”)
Timberland may also send you promotional e-mails with updates, offers and other information regarding Timberland (but NOT the Program.) You may unsubscribe from receipt of promotional e-mails without affecting your participation in the Program.
(Timberland will try to distinguish e-mail messages relating to your participation in the Program [in the U.S., transactional e-mails] from promotional e-mails; if you’re in doubt as to the type of e-mail you have received, call Timberland Customer Service toll-free at 888-802-9947 (for U.S. residents)).
Notice of Financial Incentive, Price Difference or Service Difference:
In addition to the other information described in this policy regarding the material terms of the Program, methods of opt-in and opt-out, we provide the following information to consumers. The categories of personal information collected to participate in the Program are: first name, last name, email address, and purchase history. Voluntary data includes date of birth, gender, phone number, interests, shopping/product preferences, employment and occupational information, buying purpose, and zip code.
We administer the Program in accordance with applicable laws and regulations.
The value of the consumer’s data collected in connection with the Program that forms the basis for offering this program is $0.03. To estimate the value of the consumer’s data, we measured the expenses related to the offer, provision or imposition of any financial incentive, price difference or service difference.
The value of the Program is reasonably related to the value of the consumer’s data. The value of the Program to the consumer is $2.55. To estimate the program value per consumer, we measured the value assigned to the program benefits divided by the number of consumers.
Timberland does not sell consumers’ personal information for money. Timberland does, however, share consumers’ personal information with certain third parties in ways that might be considered a “sale” of personal information under certain state laws, even though Timberland does not receive any fee from the third parties in exchange. For example, we may share sales data regarding the products you have purchased from Timberland Stores with certain third parties, such as Facebook®, for purposes of marketing to consumers and improving our marketing efforts. By joining the Community Program you agree that we may share your information in this manner. You can request that your personal information not be sold here: Do Not Sell My Personal Information
6. Prohibited Conduct
Any conduct determined by Timberland, in its sole discretion, to be in violation of these Terms will result in Timberland withholding Benefits available under this Program.
If such conduct is repeated, blatant or egregious (again as determined by Timberland in its sole discretion), such individual’s Membership will be terminated (with all Benefits being forfeited without liability to Timberland). By way of example only, the following actions constitute violative conduct:
- Any false or misleading statement/misrepresentation as to making a merchandise purchase or engaging in any point-earning activity;
- Any other act of fraud perpetrated on Timberland as to Program participation;
Withholding of Benefits and termination of an individual’s Membership shall not represent the exclusive remedies available to Timberland; and, as such, Timberland may seek civil and/or criminal prosecution of individuals believed to be engaged in such violative conduct.
Timberland expressly disclaims any responsibility to notify or warn a Member that he/she/they has engaged in violative conduct prior to pursuing any of the above remedies.
To cancel your Membership, call Timberland Customer Service toll-free at the applicable phone number (888-802-9947).
Cancellation of Membership will result in forfeiture of unused and/or unissued Benefits without liability of any kind to Timberland under any legal theory.
Timberland reserves the right to review the Program activity in your online Program account and make adjustments to correct errors without prior notice to you or liability of any kind. You will be notified via e-mail (or message posted to your online Program account) if Timberland has taken any such action. Such notice will briefly explain the change(s) made to your online Program account.
Certain Persons Not Eligible For Program
Employees, officers and directors of the following are NOT eligible for the Program:
- Unauthorized resellers of Timberland products.
- Timberland Brand Influencers and Endorsers are NOT eligible.
Employees, officers and directors of Timberland (including store associates at Timberland Stores) or VF Corporation (the parent company of Timberland) and its subsidiaries (i.e., other brands and companies that VF Corporation owns or controls) may participate in the Program except for certain restricted Benefits as so designated. All employees, officers and directors of Timberland or VF Corporation that previously registered for the Program may have been automatically registered in the Program; all employees, officers and directors should confirm their membership status via their Member dashboard. If the Member dashboard indicates that the individual is already registered for the Program, no action on the part of employee/officer/director is necessary. Otherwise, all employees, officers and directors should register for the Program as described in Section 3 of these Terms.
Release of Rights
To the fullest extent permitted by law, in becoming a Member and/or participating in the Program, you release and agree to hold harmless Timberland, a division of VF Outdoor, LLC; its parent company, VF Corporation and VF Corporation’s subsidiaries (i.e., other brands and companies that VF Corporation owns or controls; including Altra®, Dickies®, Eastpak®, Icebreaker®, JanSport®, Kipling®, Napapijri®, Smartwool®, Supreme®, The North Face® and Vans®), affiliates and divisions of Timberland; and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations from any and all claims, damages, losses, liabilities, and other expenses (including attorneys’ fees) arising from or in any way related to participation in the Program under any legal theory.
No Representation or Warranty by Timberland
Timberland makes no representation, guarantee, or warranty of any kind regarding the Program, including the warranty or merchantability or the warranty of fitness for the intended purpose. The preceding excludes those warranties to which Timberland is subject pursuant to applicable law.
The Program is void where prohibited by law.
The failure of Program to enforce any condition of these Terms in any circumstance shall not constitute the waiver of such condition. Timberland shall not be bound by any interpretation of any similar condition of legacy programs in the application of these Terms.
Dispute Resolution/Choice of Law
To the fullest extent permitted by law, in becoming a Member and participating in the Program, you agree that:
- any and all disputes regarding the Program or these Terms shall be governed by the internal, substantive law of the U.S. State of New Hampshire (i.e., without regard to choice of law/conflict of law rules of the U.S. State of New Hampshire or of any other jurisdiction)‡;
- you will bring any dispute regarding the Program or these Terms in the United States District Court for the District of New Hampshire or New Hampshire State Court situate in Rockingham County, New Hampshire and you are subject to the personal and exclusive jurisdiction of such courts;
- you waive any right of change of venue, inconvenient forum or the like;
- any action by you regarding the Program or these Terms will be brought by you individually and not as part of a class action;
- your recovery in any such action will be limited to your actual costs in participating in the Program (if any), with all rights to attorneys’ fees and any and all damages (including special, compensatory, punitive, consequential damages) as well as equitable relief being expressly waived§
‡Should a court of competent jurisdiction determine that the applicable laws of your state/province of residence provide that any such dispute will be resolved by the laws of your state/province of residence and/or that only a court in your state/province of residence may entertain such dispute, then such applicable law and/or such court having venue shall supersede these Terms only with respect to you personally and without any precedential effect.
§SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (AS WELL AS THE PROHIBITION ON BRINGING AN ACTION AS PART OF A CLASS), SO THE ABOVE MAY NOT APPLY TO YOU.
If the preceding or any other provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be replaced by a substitute provision that most closely approximates the original intent of Timberland and is valid, legal and enforceable. Such determination of the invalidity/illegality/unenforceability of a given provision shall not affect the remainder of these Terms.