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Timberland US

TIMBERLAND COMMUNITY TERMS ("TERMS")


Last Updated 10.26.23


Timberland, a division of VF Outdoor, LLC, is proud to offer the Timberland Community (the “Program”).



1. Privacy and Community; Notice of Bona Fide Loyalty Disclosures for Colorado Residents; Notice of Financial Incentive for California Residents.

Your participation in the Program is subject to Timberland’s Privacy Policy, which may be found at www https://www.timberland.com/en-us/privacy. Timberland’s Privacy Policy is made a part of these Terms and is incorporated herein by reference.  In the event of any inconsistency between these Terms and Timberland’s Privacy Policy, Timberland’s Privacy Policy will control. 


Notice of Third Parties Who May Receive Your Personal Information:

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 and regulations, even though Timberland does not receive any fee from the third parties in exchange. We do not share your information with third parties who knowingly collect and sell the personal information of consumers to other third parties.


When we share information in this way, it is for marketing and advertising purposes or analytics purposes.  For example, we allow third parties, who are not our contractors, service providers or affiliates, such as Facebook® , and Google® and other advertising networks, to place technologies (such as cookies) on our websites that collect personal information for purposes of personalized advertising to users of our websites and other potential consumers.  


We may also share your personal information to with third parties to: facilitate our merger or acquisition activities; facilitate internal audits, dispute resolution or investigations; detect and address actual or potential fraud; or to comply with various legal obligations or other rules to which we are subject. 


The categories of personal information (including sensitive personal information) that we share with these third parties for the purpose of personalized or targeted advertising are: identifiers, contact information, profile information, internet activity, demographic information, physical characteristics (such as your clothing or shoe size), and location. 


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 or shared for this purpose here: Your Privacy Choices.
 

Notice of Bona Fide Loyalty Program Disclosures for Colorado residents: In addition to the other information described in this Paragraph 1 regarding the sharing of personal information, we provide the following information to Colorado residents in accordance with applicable law: 

  • Bona Fide Loyalty Program Partners and Bona Fide Loyalty Program Benefits provided by each:  N/A
  • If you exercise your right to request deletion of personal information that we have collected from you, we will no longer be able to verify your identity, making it impossible for Timberland to ensure we provide benefits to the correct individual. Therefore, if you exercise your right to deletion of personal information, the request will result in a cancellation of your Membership in the Community Program.


Notice of Financial Incentive for California residents: In addition to the other information described in this Paragraph 1 regarding the material terms of the Program, methods of opt-in and opt-out, we provide the following information to California residents:

  • The categories of personal information collected to participate in the Program are: first name, last name, email address, date of birth, phone number and purchase history.  Voluntary data includes interests. 
  • We administer the program in accordance with the California Consumer Privacy Act (CCPA) and provide the following information to describe the financial incentive, price or service difference: 
    • The value of the consumer’s data collected in connection with the Program that forms the basis for offering this program is $0.58.  To estimate the value of the consumer’s data, we measured the expenses related to the offer, provision or imposition of the program by GAAP accounting of the cost of acquiring the data divided by the number of Program participants. 
    • The value of the program to the consumer, $1.86, is reasonably related to the value provided to the business by the consumer’s data. To estimate the program value per consumer, we measured the fair value of accrual (accounting value) assigned to accumulated points (i.e., the value of the program rewards earned in a year) divided by the number of program participants.



2.  Membership.

In the Program, Members earn Points for buying Timberland merchandise online www.timberland.com (the “Website”), at Timberland® full-price retail stores and at Timberland® stores (collectively, “Timberland Stores”) as well as for taking part in certain other activities.

There is no membership or other fee to join the Program.



3. 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. 



4. How To Join.

  1. You may register for the Program at the Website.
  2. Create an account† with your first and last name, e-mail address**, date of birth and telephone number, and a password.


Check the box that you have read and agree to these Program Terms.


†Your online Program account will show your Activity History, Points earned, available Benefits and Rewards (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.



5.  Earning Points Via Purchase

Beginning on October 26, 2023 at 3:01 a.m. Eastern Time, for each dollar spent on qualifying purchases at the Website [or at Timberland Stores] in the U.S. you will receive one (1) Point.


A Qualifying Purchase consists of the purchase of regular and sale priced Timberland merchandise at Timberland Stores in the United States or at the Website.  A Qualifying Purchase includes transactions where payment is made by redeeming gift card(s) in accordance with its terms.  The following do NOT constitute a Qualifying Purchase:


  1. gift card purchases;
  2. payment of sales or other tax;
  3. purchase of gift boxes or wrapping;
  4. shipping and handling fees.


Go to Paragraph 12 below for more information regarding Points.


For in-store Qualifying Purchase, the Points will be added to your Program account at time of Qualifying Purchase as long as you provide the store associate with the e-mail address associated with your Program account.  For Qualifying Purchases made at the Website, the Points will be added to one’s Program account within 72 hours of shipping the purchased item(s) as long as you are logged into your Program account at the time of Qualifying Purchase.


If you complete a purchase online without signing into your Program account, Timberland will use the e-mail you provide at check-out to match to your Program account and award you Points for that purchase.
 

In calculating Points earned, only the purchase price of merchandise will be used.  Taxes, shipping charges and other fees will not be counted.
 

If merchandise is later returned for a refund (full or partial), any Points previously earned will be forfeited and the Member’s online Program account adjusted accordingly. Please allow 1-10 days for this adjustment to be reflected in your online Program account.
 

If merchandise is later exchanged for another piece of merchandise, any Points previously earned will be adjusted to reflect the Points that would have been earned if the merchandise received via exchange was originally purchased and the Member’s account adjusted accordingly. Please allow 1-10 days for this adjustment to be reflected in your online Program account.
 

No Points will be earned on the purchase of Timberland-branded items sold at wholesalers or at third party retailers.
 

30 Day Grace Period: If you did not provide your e-mail address at the time of in-store Qualifying Purchase or were not logged into your Program when the Qualifying Purchase was made at the Website,  and it is within thirty (30) days of the date of Qualifying Purchase, you may call Customer Service at (888-802-9947); and upon verification by Customer Service of your purchase and that you did not already receive Points for the purchase and that the purchase is a Qualifying Purchase, the Points will be added to your Program account. 

Beginning October 26, 2023, if you were not a Member of the Program at the time of Qualifying Purchase, and it is within thirty (30) days of the date of Qualifying Purchase, you may join the Program and, after establishment of your Program account, the corresponding number of Points will be added to your Program account.  



6. Redemption of Points-Rewards.

Beginning in early 2024, but in any event no later than April 30, 2024, any Rewards earned will be redeemable for the purchase of merchandise from Website or Timberland.  .
 

Each one hundred (100) Points earned will result in a Reward (as defined below) with a value of ten dollars ($10).   


A Reward is a value toward the purchase price of merchandise from Timberland, which can be redeemed at Timberland Stores in the United States or the Website.


THE ABOVE SUPERSEDES ANY PRIOR DEFINITION OF REWARD FOR ALL PURPOSES OF THIS PROGRAM.
 

To redeem a Reward, you must follow the prescribed procedure (for redemption at a Timberland store, this includes providing store personnel proof of Member’s Program membership and the applicable Reward(s) that is sufficient to validate the Reward (and the store personnel shall determine what constitutes sufficient proof of membership / the Reward in their reasonable discretion); for redemption on the Website, you must be logged into your Program account).  For redemption in store, acceptable forms of proof may include Reward Email from Timberland, Digital Wallet, Member being logged into their Program dashboard.  If Member credentials are not provided at the time of transaction, Reward CANNOT be redeemed by Member for such transaction at a later time. 


Redemption of a Reward is subject to Timberland’s verification of Member’s identity as determined in Timberland’s sole discretion.  In all cases, if proof of Reward issuance provided by Member is deemed by Timberland to be inadequate/defective (or if Member fails to provide any proof whatsoever), Member will be required to pay for the transaction in full, as if Member did not intend to redeem Rewards with the Reward and the value of the Reward will be considered forfeited by Member in connection with that transaction. Further, actions by Member in conjunction with attempted redemption of Reward(s) may also constitute fraud as per Paragraph 10 below. 
 


Points are presently redeemable only in increments of ten dollars ($10) and twenty dollars ($20).  However, Timberland reserves the right to accept redemption of Rewards in additional increments from time to time or on an ongoing basis.


Points will NOT be rounded up by Timberland when converting to Rewards.
 

In all cases, the amount of the Reward must be equal to or less than the amount of the merchandise purchased from Timberland.  For example, if a Member has a $10 Reward, the Timberland merchandise purchase must be no more than $10.  Should the amount of the Timberland merchandise purchased exceed the amount of the Reward, the Member must pay the difference using another form of payment.  However, the amount of Reward cannot exceed the amount of the Timberland merchandise purchased.


There is a limit of one (1) Reward redemption per transaction.  The entire value of a Reward must be used in a given transaction.  Rewards may be combined (or “stacked”) with Timberland promo codes, discounts, coupons or promotions except where otherwise expressly indicated by Timberland.


Upon redemption of Reward, the corresponding number of Points will be deducted from the Member’s Program account.  If merchandise purchased via redemption of Reward is later returned for a refund, the corresponding number of Points will be returned to Member’s Program account approximately seventy-two (72) hours thereafter, provided that Points remain after deduction of all other forms of payment (e.g., credit card, cash).

Rewards are intended to function solely as a payment toward the listed purchase price of Timberland merchandise, are not redeemable for cash and are not currency or legal tender.  Rewards are NOT gift cards.


POINTS EXPIRE WITHIN ONE (1) YEAR OF DATE OF RECEIPT (WHICH ONE YEAR PERIOD SHALL BEGIN NO EARLIER THAN THE START OF THE POINTS REDEMPTION PERIOD). IF NOT REDEEMED AS A REWARD BY THE END OF SUCH ONE (1) YEAR PERIOD, POINTS ARE VOID AND FORFEITED. IT IS YOUR SOLE RESPONSIBILITY TO MAINTAIN RECORDS OF THE RECEIPT DATE AND EXPIRATION DATE OF POINTS. TIMBERLAND MAY IN ITS SOLE DISCRETION SEND OUT NOTIFICATIONS ADVISING OF UPCOMING EXPIRATION DATES FOR POINTS.  ANY SUCH NOTIFICATIONS ARE INTENDED PURELY AS A COURTESY TO YOU AND DO NOT CREATE ANY LIABILITY OR OBLIGATION OF ANY KIND ON THE PART OF TIMBERLAND. 


Timberland may notify Member of issuance of Rewards by postal mail or otherwise. Value of Rewards included in any such notification represents the value of Rewards at the time that Timberland printed and published the notification, which may or may not reflect the actual, current value of Rewards available to Member, as Timberland may have adjusted a Member’s balance of Points subsequent to the printing/publication of the notification. Any such notification regarding the issuance of Rewards is provided by Timberland purely as a courtesy to Member and should not be relied upon by Member in seeking to redeem Rewards. Before taking any such action, Member is advised to carefully review their Program account, so as to determine the actual, current value of Rewards available.
 

Additional terms and conditions apply to use of Rewards (as indicated on e-mail notice including Reward). Without limitation, a Reward:

  • cannot be redeemed for cash or credit;
  • is not transferable;
  • cannot be redeemed at third party retailers of Timberland products;
  • is good only for the Member receiving the Reward from Timberland (and redemption of same may be conditioned upon Member’s provision of valid identification to Timberland’s satisfaction);
  • must be used by Member in their country of residence as per zip code/postal code reflected in Member’s online Program account (if not provided by Member, the country in which such Member last made a Timberland purchase as per Timberland’s records; any determination of a Member’s country of residence by Timberland is final and binding);
  • if merchandise obtained via redemption of Reward is later returned by Member, corresponding Points converted into Reward (as well as the value of the Reward itself) will NOT be returned to Member;
  • will be replaced if lost or stolen only upon Member’s provision of valid identification to Timberland’s satisfaction. 



7. Other Program Benefits

In addition to Rewards, Members receive the following exclusive benefits (“Benefits”):

  • New Member Welcome of ten percent (10%) 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.



8. 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. Timberland also reserves the right, without limitation, to terminate, change, limit, modify, or cancel any of the above means of earning Points and the number of Points earned, at any time, with or without notice. Such changes may include, by way of example only, the following:

  • The number of Points earned for making a merchandise purchase;
  • Limiting the availability of earning Points to the purchase of specific merchandise items (or, conversely, allowing Points to be earned on the purchase of gift cards and/or services from Timberland);
  • Adjusting (upwards or downwards) the number of Points which will result in the issuance of a Reward;
  • Modifying Rewards, including the conditions on redeeming same;
  • 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.  In such event, Points in the Member’s online Program account as of the date of cancellation will automatically be converted to Rewards (as per Paragraph 6 above) with Reward(s) being issued to the Member via e-mail.


Timberland’s good faith determination of the amount of Points available to any Member hereunder shall be final and binding. Timberland reserves the right, from time to time, to review Program activity in Program accounts and make any necessary and appropriate adjustments to correct errors without prior notice. Member will be notified of any adjustment to their Point total or material change to their Program account after the completion of any such review.     


Points are valid only for the Member who received them from Timberland. Any attempted transfer of Points to another Member is void and will not be honored by Timberland. This includes the transfer of Points upon death or as part of a divorce or other domestic relations matter. In addition, Points may not be combined among Members. Points do not constitute property of the Member.   


In addition to redemption of Points for Rewards, Timberland may -- but is in no way obligated to – allow Members to redeem Points for various non-Reward items; such as, physical items, digital items, sweepstakes or contest entries. Rules for redeeming Points for non-Reward items will be defined by Timberland at the time of announcement.  Such Rules may include the number of Points required for redemption of the non-Reward item, any additional cost or requirement to a Member in claiming the non-Reward item, the number of non-Reward items a given Member may claim as part of a given offer or over a designated period of time.  Once you redeem Points for a non-Reward item, the redemption cannot be reversed, is final and the Points cannot be used as a Reward. By redeeming Points for a non-Reward item, you are forfeiting the right to use those Points for a Reward.
 

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.



9.  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; for example, notices of Program modifications as per Paragraph 8 above.  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 Paragraph 11 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)).



10. 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 Points, unused and/or unissued Rewards and 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;
  • Any false statement or misrepresentation in conjunction with the attempted redemption of Rewards (including proof of Program membership provided at time of attempted redemption);
  • Any other act of fraud perpetrated on Timberland as to Program participation;
  • The attempted acquisition or redemption of Points other than as set forth in these Terms (including the attempted transfer of Points).


Withholding of Points, Rewards and/or 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.



11. Cancellation

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 Points and unused and/or unissued Rewards and Benefits without liability of any kind to Timberland under any legal theory.



12. General

Points
 

Award of Points is subject to Timberland’s determination in its sole discretion that the Member has made the corresponding merchandise purchase in accordance with all applicable restrictions. Should Timberland determine in its sole discretion that the Member has not done so, Timberland may reduce the number of Points (or withhold Points altogether) from such Member. 
 

Points are intended solely to track a Member’s participation in the Program.  Members do not have any property or ownership rights in Points.
 

Points cannot be redeemed for cash and cannot be transferred to another Member.  Any attempt to sell (by auction or otherwise), trade or exchange Points is void and in no way binding upon Timberland as well as constituting prohibited conduct as per Paragraph 10 above.   
 

Timberland reserves the right to review Program activity (including Points earned) 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.

In addition:

  • Timberland Brand Influencers and Endorsers are NOT eligible.
  • Consumers gaining access to the Website via an IPA/Wranx  portal are NOT eligible.


For clarity, as of October 26, 2023, employees, officers and directors of Timberland (including store associates at Timberland) or VF Corporation (the parent company of The 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.
 

Only purchases and activities undertaken after October 26, 2023 will count for participation in the Program.  Any Points earned by a Member will only be redeemable beginning in early 2024, but in any event, no later than April 30, 2024.


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.


Miscellaneous

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.


Resellers of Timberland merchandise or customers who make bulk purchases are not eligible for the Program.  Timberland may refuse to offer or continue offering Program access or services to any person or entity and may change its eligibility criteria from time to time. Timberland may refuse to accept any application to register as a Member in its sole discretion. 


Membership is limited to one membership per person and per e-mail address. In the event of a dispute over ownership of a Member’s Program account, the Member will be declared to be the authorized account holder of the e-mail address submitted at the time of registration as determined by Timberland in its sole discretion. “Authorized account holder" is the natural person who is assigned to the submitted e-mail address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. 


Abuse of the Program may result in cancellation of a Member's membership and future disqualification from Program participation, forfeiture of all Points/unused Rewards earned by such Member, non-Reward items and unused Benefits.  Timberland may also prosecute abuse of the Program to the fullest extent of the law. The following are examples of abuse of the Program: 

i. failure to abide by the Terms or the Terms of Use of timberland.com, which are incorporated herein by this reference; 

ii. the sale or barter (or the attempted sale or barter) of Points/Rewards, Benefits or non-Reward items; 

iii. excessive returns of Qualifying Purchases; 

iv. fraud or tampering of any kind; 

v. any misrepresentation of fact relating thereto or other improper conduct as determined by Timberland in its sole judgment.



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.