ST Rewards Program

The ST Rewards Program ("Program") is offered by Southern Tide LLC (“Company”, “Southern Tide”, “our”, “us” or “we”) to show appreciation for our loyal customers. By participating in the Program, you are accepting and agreeing to be bound by the following Program terms and conditions (these “Program Terms”) and all future versions, which will be available on https://southerntide.com (the “Website”) or the Program page of the Website at https://southerntide.com/pages/rewards, the Website Terms and Conditions and the Southern Tide Privacy Policy located at https://southerntide.com/pages/privacy (the “Privacy Policy”), each of which is incorporated herein by reference. Please read the Privacy Policy carefully to understand how we collect, use, disclose and retain your personal information. These Program Terms form the agreement (“Agreement”) between you (“Member” or “you”) and the Company with respect to the Program. These Program Terms do not alter in any way the terms or conditions of any other agreement that you may have with us. The Company reserves the right to modify or terminate the Program or eliminate benefits offered under the Program at any time, without prior notice.

THESE PROGRAM TERMS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND INCLUDE A CLASS ACTION WAIVER. YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT IN THE EVENT OF A DISPUTE. THESE PROGRAM TERMS INCLUDE A DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THAT MAY APPLY TO YOU IN THE EVENT OF A DISPUTE.

Program Terms

1. Membership

1.1. The Program is open to any person with a valid United States address who is age 18 or older. You are not required to make any purchase or payment or provide any credit card information to enroll in the Program or maintain membership. Each Member is permitted only one Program account, and only one Program account may be associated with a single email address. Enrolling or attempting to enroll in the Program multiple times using different email addresses is prohibited and will be cause for termination of your participation in the Program. Employees of the Company and its subsidiaries, parent companies, or affiliates and anyone eligible for an employee-based discount are ineligible for membership in the Program. The Program is void where prohibited or restricted by law.

1.2. Eligible individuals may enroll in the Program at participating Southern Tide Stores that are owned and operated by Southern Tide LLC (“Stores”) or online by visiting the Website. To enroll in Store, see a sales associate at checkout. To enroll online, visit our Website and follow the Program prompts to enroll. Eligible individuals who already have a Southern Tide account through the Website will automatically be enrolled in the Program. Members who enroll in Store or on our Website may be required to provide first and last name, valid email address, telephone number, month of birth and zip code. During the course of your membership, you may update your personal information by logging in to your Program account. Members are solely responsible for keeping their profile information current.

2. Program Benefits

2.1. Each time you make a purchase in Stores or on the Website (a “Qualifying Purchase”) following the launch of the Program and your enrollment in the Program, you will earn one (1) reward point (“Point”) for each dollar spent, excluding purchases of gift cards, shipping and handling charges, taxes and any other fees associated with your purchase. The amount of a Qualifying Purchase is based on the final sale price of merchandise purchased after any applicable discounts and coupons are applied (including Program offers redeemed). Points will not be awarded until the order associated with a Qualifying Purchase is fulfilled. If you return all of the merchandise in a Qualifying Purchase, the Points awarded for that Qualifying Purchase will be deducted from your Program account. If you return some, but not all, of the items purchased in a Qualifying Purchase, the Points awarded for that Qualifying Purchase will be reversed and you will be awarded Points for only the remaining sale price after all refunds. To earn Points for Qualifying Purchases made on the Website, you must be logged in to your Program account prior to checkout. To earn Points for in Store purchases, you will be required to provide the sales associate with the following prior to completion of the sales transaction: email address and first and last name. Points will not be awarded for orders placed before the launch of the Program or your enrollment in the Program, although Southern Tide may elect to award a fixed number of Points at enrollment for existing customers who are automatically enrolled in the Program. Points will not be awarded, and no other Program benefits will be available, for purchases through third-party online websites or at Southern Tide Signature Stores or other third-party locations carrying Southern Tide products.

2.2. We may also offer opportunities to earn additional Points based on qualifying engagement activities through the Program. Opportunities to earn Points may be changed at any time without notice in our sole discretion, and may be offered on a limited basis. You can view the current opportunities to earn Points on the Program page of the Website.

2.3. Members will qualify for a Program tier (“Reward Tier”) based on the number of Points earned during a twelve (12)-month period commencing with the Member’s enrollment in the Program and each anniversary of the Member’s enrollment date thereafter. Existing Southern Tide customers who had an account through the Website prior to the launch of the Program will be enrolled in the Program as of August 16, 2021. Points earned from a Qualifying Purchase are eligible to be counted toward a Reward Tier if the Qualifying Purchase is not cancelled, returned or refunded for thirty (30) days after the date of purchase. Therefore, if the Points that made you eligible for a particular Reward Tier consist of Points from a Qualifying Purchase, your status in that Reward Tier will commence thirty (30) days after the date of the Qualifying Purchase, as long as the Qualifying Purchase is not cancelled, returned or refunded. Your status in a particular Reward Tier will remain valid until the next twelve (12)-month anniversary of your enrollment in the Program (which will be August 16 of each year for Southern Tide customers who had an account through the Website prior to August 16, 2021). On each anniversary of your enrollment in the Program, your points will be reset to zero and you must qualify for the Reward Tier again during a single twelve (12)-month period commencing on the anniversary of your enrollment in the Program. For example, if you enroll in the Program on September 1, 2021 and your Gold Reward Tier status commences on November 15, 2021, you will remain in the Gold Reward Tier through August 31, 2022. However, on September 1, 2022 and every September 1 thereafter, your points will be reset to zero and you will be in the Bronze Reward Tier until you have earned the required number of Points to enter a new Reward Tier during a single twelve (12)-month period from September 1 through August 31 and those Points have become eligible to be counted toward your Reward Tier.

2.4. Your Reward Tier may make you eligible to receive certain Program benefits. Any benefits offered under the Program are subject to change at any time without notice at our sole discretion and may be offered on a limited basis. If birthday gifts are offered as a Program benefit, they will only be offered to Members who have provided their birthday in their Program account profile. Please note that certain Program benefits may only be offered on the Website and will not be available in Stores. You can view the current benefits for each Reward Tier on the Program page of the Website.

2.5. Program Points have no cash value, cannot be sold and are not redeemable for cash. Only the Program Member who pays for a Qualifying Purchase may accumulate Points for that Qualifying Purchase. Program accounts and benefits cannot be shared or combined with any other person or Program member. Points offered through the Program may not be transferred, purchased, assigned, auctioned, bartered or traded, including, without limitation, by death or as part of a domestic relations matter. Any attempt to do so is expressly prohibited and will be cause for termination of your participation in the Program. You agree that the Program and any Points earned under the Program do not create any property rights whatsoever in your favor.

2.6. You can check for your available Points online at any time through your Program account. Points will not be awarded or appear in your Program account until the order associated with a Qualifying Purchase is fulfilled. If you have questions regarding the Points in your account, please contact the Southern Tide customer service team at theskipjack@southerntide.com. We reserve the right to determine the number of Points in any Member’s account based upon our internal records. Our good faith determination of the number of Points available to any Member shall be deemed to be correct and accurate as reflected in our records and shall be final and binding. We are not responsible for Program benefits or Points that are not issued, received, applied or refunded as a result of loss or fraudulent activity or if you are not logged in to your Program account at the time of purchase or do not maintain accurate personal information with us, and such benefits or Points will not be reissued.

3. Communications

By enrolling in the Program, you agree to receive Program-specific marketing and status updates as well as other promotional emails and marketing from or on behalf of the Company. You may opt out of receiving marketing emails from the Company at any time by clicking the “unsubscribe” link in the email to manage your preferences or as otherwise provided by the Privacy Policy. If you elect to opt-out of e-mail or direct mail marketing communications, your membership will remain active.

4. Promotional Text Messaging Consent

4.1. We may offer the opportunity to subscribe to promotional text messages in connection with the Program. By checking the box to opt into the receipt of text messages from the Company, you consent to receive automated marketing by text message from the Company or any of its designated vendors, including through the use of an automatic telephone dialing system, at the telephone number you provided, and accept and agree to be bound by the mobile messaging terms and conditions contained in our Terms and Conditions. While you consent to receive messages sent using an automatic telephone dialing system, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system. Consent is not a condition to participate in Program. Message and data rates may apply.

4.2. If you initially opt out of receiving text messages from the Company but later would like to opt into receiving text messages, you can do so at any time through your Program account or by contacting the Southern Tide customer service team at theskipjack@southerntide.com.

4.3. Notwithstanding anything to the contrary herein, if you do not wish to receive additional text messages, you agree to reply STOP to any mobile message from the Company or sent on behalf of the Company in order to opt out of the promotional text message program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are reasonable methods of opting out and are the exclusive means of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above, sending an e-mail, or verbally requesting one of our employees to remove you from our list, are not reasonable means of opting out.

4.4. You represent and warrant that you are the subscriber and/or the regular user of the telephone number that you provided to us. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the opt out process set forth above prior to ending your use of the mobile telephone number.  You understand and agree that your agreement to do so is a material part of these Program Terms.  You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.  This duty and agreement shall survive any cancellation or termination of your agreement to participate in the Program.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

5. Privacy

We value and respect your privacy. The personal information that we collect from you in connection with the Program is subject to our Privacy Policy and will be used and disclosed by us for the purpose of administration of the Program, providing you with any benefits that you redeem under the Program, marketing in connection with the Program, other marketing communications that you have opted in to receive and as otherwise permitted by our Privacy Policy.

6. Program Termination, Cancellation or Modification

6.1. These Program Terms shall be interpreted and applied to give the Company maximum control of the administration of the Program. All decisions by the Company with respect to the administration of the Program are final and binding.

6.2. The Program and its benefits are offered at our sole discretion. We reserve the right to change, modify, cancel or terminate the Program, its benefits or these Program Terms from time to time in our sole discretion, without notice and without any further obligation to you, even if such actions by us affect the value of rewards or benefits already accumulated or earned and/or your ability to redeem such rewards or benefits. The Company may also, as a courtesy only, send updates via e-mail or notify you that there are updates the next time you make a purchase at a participating location; doing so does not create any obligation for the Company to do so again in the future. If you disagree with any changes, your sole remedy is to cancel your membership in the Program.

6.3. If you decide that you no longer want to participate in the Program, you may cancel your membership at any time by contacting the Company’s customer service team at theskipjack@southerntide.com or (855) 890-8334.

6.4. We reserve the right, in our sole discretion, to terminate any Member’s participation in the Program for any reason, including but not limited to, a Member’s failure to comply with these Program Terms or the Terms and Conditions of the Website, any suspected abuse of the Program, illegal activity, fraud or other conduct that we may deem to be inconsistent with these Program Terms and/or the Program. If your membership in the Program is cancelled by you or terminated by us, you will lose all accrued Points in your account and access to benefits of all Reward Tiers at the time of such cancellation or termination.

7. Resale of Products

By signing up for the Program, you expressly acknowledge and agree that you will not offer for sale or otherwise engage in any commercial activity (or permit any third parties acting on your behalf to do so) in relation to any products or services purchased through your Program account or acquired through your participation in the Program. Acceptance of an order by us does not constitute a waiver of our rights under this provision. We may place limits on purchases and reject purchases or orders which we have determined in our sole discretion violate the spirit of this section. If you are suspected of breaching this provision, in addition to immediately suspending your Program membership and shopping privileges with the Company, you agree that the Company may pursue all legal and equitable remedies available against you or anyone acting on your behalf for such breach of contract, including but not limited to, monetary damages, injunctions and/or other remedies. We may, among other things, restrict orders placed by or under the same customer account, the same credit card, Program account, and/or orders that use the same billing and/or shipping address, including orders or related accounts on our affiliates’ websites. We also reserve the right to cancel any portion of an order that cannot be fulfilled for any reason. We may modify this policy at any time without prior notice.

8. Disclaimer of Warranties; Limitation of liability

Your consent and Agreement to the following disclaimers and limitations is a material inducement for us to permit you to participate in the Program. To the fullest extent permitted by applicable law, your participation in the Program, and our obligations and liabilities in respect thereto, are expressly limited as follows:

8.1. EXCEPT AS EXPRESSLY SET FORTH IN THESE PROGRAM TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE PROGRAM TERMS, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE PROGRAM TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

8.2. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY: (A) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE CONTENT OF THESE PROGRAM TERMS, THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM; (B) PERSONAL INJURY, PROPERTY DAMAGE OR LOSS, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM; (C) INTERRUPTION OF BUSINESS; (D) DELAYS OR INTERRUPTION IN ACCESS TO THE PROGRAM; (E) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE WEBSITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (F) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THIRD PARTY SITE(S), (G) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY THIRD PARTY SITE(S) ASSOCIATED WITH THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH; (H) DATA NON-DELIVERY, LOSS, THEFT, MISDIRECTION, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (I) EVENTS BEYOND OUR REASONABLE CONTROL.

8.3. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM AND/OR YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY PROGRAM REWARD OR BENEFIT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

8.4. YOU AGREE THAT NO CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATED TO, THESE PROGRAM TERMS, YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. TO THE EXTENT PERMITTED BY LAW, IF YOU HAVE A DISPUTE WITH US REGARDING THE PROGRAM OR ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE REMEDY SHALL BE TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM AND WE SHALL HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.

9. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES AND ITS AND THEIR PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, VENDORS, MANUFACTURERS AND DISTRIBUTORS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, DEMANDS, CHARGES, COMPLAINTS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES), ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR USE OF ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM AND/OR YOUR BREACH OF ANY OF THESE PROGRAM TERMS. WE RESERVE THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY CLAIM SUBJECT TO THIS INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH US IN ASSERTING ANY AND ALL AVAILABLE DEFENSES.

10. Governing Law; Arbitration; No Class Actions

10.1. GOVERNING LAW. The Program and these Program Terms shall be governed by and construed in accordance with the laws of the State of Georgia and, as applicable, the Federal Arbitration Act, without giving effect to any conflict of law provisions.

10.2. ARBITRATION. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND SOUTHERN TIDE LLC, ITS PARENTS, AFFILIATES, SUBSIDIARIES AND/OR ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, VENDORS, AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE PROGRAM, THE WEBSITE, THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITE, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE PROGRAM TERMS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE WEBSITE CONCERNS INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT (“FAA”) GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE GEORGIA STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN ATLANTA, GEORGIA OR, AT SOUTHERN TIDE’S ELECTION, IN THE CITY NEAREST TO YOUR PRINCIPAL PLACE OF RESIDENCE WHERE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) HAS AN OFFICE. THE ARBITRATION SHALL BE ADMINISTERED BY AAA IN ACCORDANCE WITH TITLE 9 OF THE U.S. CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.

10.3. NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU OR WE MAY HAVE IN CONNECTION WITH OR RELATED TO THE PROGRAM, TO THE WEBSITE, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE PROGRAM OR THE WEBSITE, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE PROGRAM TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE PROGRAM OR WEBSITE, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITE, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE PROGRAM TERMS.

11. Customer Service

For information about the Program or if you have any concerns regarding your Program account, contact our customer service team via email at theskipjack@southerntide.com or by telephone at (855) 890-8334.

The Skipjack Club 

Effective 3/12/2025

The Skipjack Club ("Program") is offered by Southern Tide, LLC (“Company”, “Southern Tide”, “our”, “us” or “we”) to show appreciation for our loyal customers. By participating in the Program, you are accepting and agreeing to be bound by the following Program terms and conditions (these “Program Terms”) and all future versions, which will be available on https://southerntide.com (the “Website”) or the Program page of the Website at https://southerntide.com/pages/rewards, the Website Terms and Conditions and the Southern Tide Privacy Policy located at https://southerntide.com/pages/privacy, including the Notice of Financial Incentives therein (the “Privacy Policy”), each of which is incorporated herein by reference. Please read the Privacy Policy carefully to understand how we collect, use, disclose and retain your personal information. These Program Terms form the agreement (“Agreement”) between you (“Member” or “you”) and the Company with respect to the Program. These Program Terms do not alter in any way the terms or conditions of any other agreement that you may have with us. The Company reserves the right to modify or terminate the Program or eliminate benefits offered under the Program at any time, without prior notice.

For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy. If you are a resident of California, see our Notice of Financial Incentives.

THESE PROGRAM TERMS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND INCLUDE A CLASS ACTION WAIVER. YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT IN THE EVENT OF A DISPUTE. THESE PROGRAM TERMS INCLUDE A DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THAT MAY APPLY TO YOU IN THE EVENT OF A DISPUTE.

Program Terms

1.   Membership

1.1. The Program is open to any U.S. resident with a valid email address who is at least 18 years of age or older as of the date of enrollment. By joining the Program, you represent that you are at least 18 years old and that you have read and agree to these Terms.

1.2 You are not required to make any purchase or payment or provide any credit card information to enroll in the Program or maintain membership. Each Member is permitted only one Program account, and only one Program account may be associated with a single email address. Enrolling or attempting to enroll in the Program multiple times using different email addresses is prohibited and will be cause for termination of your participation in the Program. Employees of the Company and its subsidiaries, parent companies or affiliates and anyone eligible for an employee-based discount are ineligible for membership in the Program. The Program is void where prohibited or restricted by law.

1.3. You must affirmatively opt into the Program. The Program is offered only through our Website and at Southern Tide stores that are owned and operated by Southern Tide, LLC (“Stores”). For a list of company-owned Stores, please visit our Website. Eligible individuals may enroll in the Program online by visiting the Program page of our Website and following the Program prompts to enroll. Members who enroll in Store or on our Website will be required to provide first and last name and valid email address to enroll. Members who enroll in Store may need to finishing enrolling via a link in a welcome email with instructions for accepting these Terms and the Privacy Policy and completing enrollment. During the course of your membership, you may update your personal information by logging in to your Program account. Members are solely responsible for keeping their profile information current.

2.   Program Benefits

2.1. You will earn one (1) reward point (“Point”) for each dollar spent on Qualifying Purchases beginning March 12, 2025 and following your enrollment in the Program. Additionally, if you were a Member of the Program prior to March 5, 2025, then when the Program relaunches on March 12, 2025, your Program account will be credited with one Point for each dollar spent on Qualifying Purchases associated with your Program account from September 5, 2024 through March 5, 2025. Any other rewards points earned or present in your account prior to March 12, 2025 will expire and be removed from your account on March 12, 2025. If you were not a Member of the Program prior to March 5, 2025, you will not receive any Points for Qualifying Purchase made before March 12, 2025. A “Qualifying Purchase” means a purchase in a Store or on the Website, excluding purchases of gift cards, and the amount of Qualifying Purchases excludes shipping and handling charges, taxes and any other fees associated with your purchase. The amount of a Qualifying Purchase is based on the final sale price of merchandise purchased after any applicable discounts and coupons are applied (including Points applied or Program offers redeemed). Points will not be awarded for a Qualifying Purchase until the order associated with the Qualifying Purchase is fulfilled. If you return all of the merchandise in a Qualifying Purchase, the Points awarded for that Qualifying Purchase will be deducted from your Program account. If you return some, but not all, of the items purchased in a Qualifying Purchase, the Points awarded for that Qualifying Purchase will be reversed and you will be awarded Points for only the remaining amount of the Qualifying Purchase after all refunds. To earn Points for a Qualifying Purchase made on the Website, you must be logged in to your Program account prior to checkout. To earn Points for a Qualifying Purchase made in a Store, you must provide the sales associate with your first and last name and the email address associated with your Program account prior to completion of the sales transaction. Points will not be awarded, and no other Program benefits will be available, for purchases through third-party online websites or at Southern Tide Signature Stores or other third-party locations carrying Southern Tide products.

2.2. We may also award additional Points or Program benefits or offer opportunities to earn additional Points or Program benefits based on qualifying engagement activities, including based on amounts spent on Qualifying Purchases. However, we are under no obligation to offer any such opportunities. Any such opportunities may be changed or discontinued at any time without notice in our sole discretion, may be offered on a limited basis and may be subject to additional terms and conditions. You can view the current opportunities to earn Points and additional benefits on the Program page of the Website.

2.3. Members will qualify for a Program tier (“Reward Tier”) based on the number of Points earned during rolling twelve (12)-month periods following Member’s initial enrollment in the Program. You can view the number of Points required for each Reward Tier on the Program page of the Website. If you were a Member of the Program prior to March 5, 2025, then commencing with the relaunch of the Program on March 12, 2025, you will remain in the same Reward Tier you were in on March 5, 2025 through the date that is twelve (12) months from the date your status in that Reward Tier originally commenced. Regardless of the date you became a Member of the Program, if at any time a Qualifying Purchase for which you earned Points is subsequently cancelled, returned or refunded, your Reward Tier will be recalculated based on the number of Points earned during the past twelve (12) months, excluding the amounts cancelled, returned or refunded. Otherwise, your status in a particular Reward Tier will remain valid for twelve (12) months from the date your Reward Tier status commences. After that, you must qualify for the Reward Tier again. For example, if your Gold Reward Tier status commences on April 15, 2025, you will remain in the Gold Reward Tier through April 14, 2026. However, you will no longer be a member of the Gold Reward Tier starting on April 15, 2026 unless you have earned the applicable number of Points during the twelve (12) months prior to April 15, 2026 and the Qualifying Purchases associated with those Points have not been cancelled, returned or refunded. You will only qualify for the Gold Reward Tier again in the future if you earn the applicable number of Points during a single twelve (12)-month period and the Qualifying Purchases associated with those Points are not cancelled, returned or refunded.

2.4. For every 100 Points in your Program account, you will be eligible to receive $5.00 off the amount of a Qualifying Purchase on the Website or in Stores (other than shipping and handling charges, taxes and any other fees associated with your purchase) by applying those points to the Qualifying Purchase at checkout. Points cannot be applied to past purchases. Points may be applied only to the retail price of Qualifying Purchases and will be applied to the single eligible item with the highest retail value in the transaction on which Points are used. Points may not be applied to shipping and handling charges, taxes or any other fees associated with your purchase. Points may be applied only in 100-Point increments. The retail price of the item to which Points are applied must be greater than the discount represented by the Points applied. Each group of 100 Points must be applied to a single item and no partial or remainder Points will be issued or applied. You will have the option to apply Points in your Program account to the purchase of eligible products at checkout when you make a purchase on the Website while logged in to your Program account. To apply Points in your Program account to a purchase in a Store, you must provide the sales associate with your first and last name and the email address associated with your Program account prior to completion of the sales transaction and indicate the number of Points to be applied to the transaction. Points applied to a purchase on the Website or in a Store will automatically be deducted from your Program account. If you return all of the merchandise purchased in an order to which Points were applied at checkout, the Points applied to the order will be credited to your Program account. If you return some, but not all, items purchased in an order to which Points were applied at checkout, Points will be applied to the purchase price of the merchandise which was not returned. You will not receive a refund of Points for returns of items of which you were not the original purchaser.

2.5 All unused Points in your Program account will expire on the date that is twelve (12) months after your last Program account activity. Program account activity means qualifying engagement activities in which you earn or redeem Points. For example, if your last Qualifying Purchase occurred on May 15, 2025, and you have not engaged in any subsequent Program account activity by May 14, 2026, all Points will expire and be removed from your account on May 15, 2026.

2.6. Program Points are promotional, have no cash value, cannot be sold and are not redeemable for cash. References to “earning” or “awarding” Points or other benefits or similar language in these Terms and other Program materials does not imply that Points or other benefits have any value prior to redemption.  Only the Program Member who pays for a Qualifying Purchase may accumulate Points for that Qualifying Purchase. Program accounts and benefits cannot be shared or combined with any other person or Program member. Points offered through the Program may not be transferred, purchased, assigned, auctioned, bartered or traded, including, without limitation, by death or as part of a domestic relations matter. Any attempt to do so is expressly prohibited and will be cause for termination of your participation in the Program. You agree that the Program and any Points earned under the Program do not create any property rights whatsoever in your favor.

2.7. You can check for your available Points online at any time through your Program account. Points will not be awarded or appear in your Program account until the order associated with a Qualifying Purchase is fulfilled. If you have questions regarding the Points in your account, please contact the Southern Tide customer service team at theskipjack@southerntide.com. We reserve the right to determine the number of Points in any Member’s account based upon our internal records. Our good faith determination of the number of Points available to any Member shall be deemed to be correct and accurate as reflected in our records and shall be final and binding. We are not responsible for Program benefits or Points that are not issued, received, applied or refunded as a result of loss or fraudulent activity or if you are not logged in to your Program account at the time of purchase or do not maintain accurate personal information with us, and such benefits or Points will not be reissued.

2.8. Your Reward Tier or other engagement with the Program may make you eligible to receive certain Program benefits. Any benefits offered under the Program are subject to change at any time without notice at our sole discretion and may be offered on a limited basis. Please note that certain Program benefits may only be offered on the Website and will not be available in Stores. You can view the current benefits for each Reward Tier on the Program page of the Website. If birthday gifts are offered as a Program benefit, they will only be offered to Members who have provided their birthday in their Program account profile at least thirty (30) days in advance of their birthday. If your birthday is less than thirty (30) days following the date you add your birthday to your Program account, any birthday gifts will be delayed until the date that is thirty (30) days following the date you add your birthday to your Program account.

3. Communications

By enrolling in the Program, you agree to receive Program-specific marketing and status updates as well as other promotional emails and marketing from or on behalf of the Company. Program benefits and information may be communicated by email, mobile messaging or the Website in the Company’s sole discretion. Communications sent by email or mobile messaging will be sent to the email address or mobile phone number associated with your Program account. You are responsible for ensuring that your email and Program account information (including your mobile phone number if you wish to receive communications sent by mobile messaging) are current and active. The Company is not responsible for undeliverable communications. You may opt out of receiving marketing emails from the Company at any time by clicking the “unsubscribe” link in the email to manage your preferences or as otherwise provided by the Privacy Policy. If you elect to opt-out of e-mail or direct mail marketing communications, your membership will remain active.

4. Promotional Text Messaging Consent

4.1. By checking the box to opt into the receipt of text messages from the Company, you consent to receive automated marketing by text message from the Company or any of its designated vendors, including through the use of an automatic telephone dialing system, at the telephone number you provided, and accept and agree to be bound by the mobile messaging terms and conditions contained in our Terms and Conditions. While you consent to receive messages sent using an automatic telephone dialing system, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system. Consent is not a condition to participate in Program. Message and data rates may apply.

4.2. If you initially opt out of receiving text messages from the Company but later would like to opt into receiving text messages, you can do so at any time through your Program account or by contacting the Southern Tide customer service team at theskipjack@southerntide.com.

4.3. Notwithstanding anything to the contrary herein, if you do not wish to receive additional text messages, you agree to reply STOP to any mobile message from the Company or sent on behalf of the Company in order to opt out of the promotional text message program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are reasonable methods of opting out and are the exclusive means of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above, sending an e-mail, or verbally requesting one of our employees to remove you from our list, are not reasonable means of opting out.

4.4. You represent and warrant that you are the subscriber and/or the regular user of the telephone number that you provided to us. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Program Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in the Program.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

5. Privacy

5.1 We value and respect your privacy. The personal information that we collect from you in connection with the Program is subject to our Privacy Policy and will be used and disclosed by us for the purpose of administration of the Program, providing you with any benefits that you redeem under the Program, marketing in connection with the Program, other marketing communications that you have opted in to receive and as otherwise permitted by our Privacy Policy.

5.2. Notice of Financial Incentives. The Program may be categorized as a financial incentive under California law. Please see the Notice of Financial Incentives in our Privacy Policy.

6. Program Termination, Cancellation or Modification

6.1. These Program Terms shall be interpreted and applied to give the Company maximum control of the administration of the Program. All decisions by the Company with respect to the administration of the Program are final and binding.

6.2. The Program and its benefits are offered at our sole discretion. We reserve the right to change, modify, cancel or terminate the Program, its benefits or these Program Terms from time to time in our sole discretion, without notice and without any further obligation to you, even if such actions by us affect the value of rewards or benefits already accumulated or earned and/or your ability to redeem such rewards or benefits. If the Program is discontinued or merged into another rewards program, the Company may determine in its sole discretion at any time that any unused Points, rewards or other benefits will not be carried over into any new program. Similarly, and unless otherwise determined by the Company in its sole discretion at any time, you will not be entitled to any compensation (in any form whatsoever) for any unused Points, rewards or other benefits, and the Points, rewards or other benefits may have a lesser or different value under any new program. The Company may also, as a courtesy only, send updates via e-mail or notify you that there are updates the next time you make a purchase at a participating location; doing so does not create any obligation for the Company to do so again in the future. If you disagree with any changes to the Program or these Program Terms, your sole remedy is to cancel your membership in the Program.

6.3. If you decide that you no longer want to participate in the Program, you may cancel your membership at any time by contacting the Company’s customer service team at theskipjack@southerntide.com or (855) 890-8334.

6.4. We reserve the right, in our sole discretion, to terminate any Member’s participation in the Program for any reason, including but not limited to, a Member’s failure to comply with these Program Terms or the Terms and Conditions of the Website, any suspected abuse of the Program, illegal activity, fraud or other conduct that we may deem to be inconsistent with these Program Terms and/or the Program. If your membership in the Program is cancelled by you or terminated by us, you will lose all accrued Points in your account and access to benefits of all Reward Tiers at the time of such cancellation or termination.

7. Resale of Products, Fraud and Account Limitations

7.1 Corporations, groups, associations, commercial customers and others purchasing items for resale are not eligible for membership in the Program. By enrolling in the Program, you expressly acknowledge and agree that you will not offer for sale or otherwise engage in any commercial activity (or permit any third parties acting on your behalf to do so) in relation to any products or services purchased through your Program account or acquired through your participation in the Program. Acceptance of an order by us does not constitute a waiver of our rights under this provision. We may place limits on purchases and reject purchases or orders, and Points and other benefits will not be earned, awarded or available, for transactions which we have determined in our sole discretion violate the spirit of this section. If you are suspected of breaching this provision, in addition to immediately suspending your Program membership and shopping privileges with the Company, you agree that the Company may pursue all legal and equitable remedies available against you or anyone acting on your behalf for such breach of contract, including but not limited to, monetary damages, injunctions and/or other remedies.

7.2 Any abusive or fraudulent use of the Program, including without limitation deception, forgery, fraudulent referrals, attempting to earn or redeem Points or other benefits for purchases not made by you, reselling products or Program benefits and violations of Southern Tide intellectual property or other rights, is strictly prohibited. If we notice, suspect or are informed of any potential unusual or suspicious activity related to your account, or if we determine that you have violated these Terms, we reserve the right in our sole discretion to limit or terminate your account (including but not limited to suspending, deactivating and/or terminating your account, removing Points or other benefits and prohibiting you from participating in the Program or other promotional programs in the future) with or without notice to you. We may, among other things, restrict orders placed by or under the same customer account, the same credit card, Program account, and/or orders that use the same billing and/or shipping address, including orders or related accounts on our affiliates’ websites. All decisions made pursuant to this section are at the Company’s sole and final discretion. We also reserve the right to cancel any portion of an order that cannot be fulfilled for any reason. We may modify this policy at any time without prior notice.

8. Disclaimer of Warranties; Limitation of liability

Your consent and Agreement to the following disclaimers and limitations is a material inducement for us to permit you to participate in the Program. To the fullest extent permitted by applicable law, your participation in the Program, and our obligations and liabilities in respect thereto, are expressly limited as follows:

8.1. EXCEPT AS EXPRESSLY SET FORTH IN THESE PROGRAM TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE PROGRAM TERMS, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE PROGRAM TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

8.2. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY: (A) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE CONTENT OF THESE PROGRAM TERMS, THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM; (B) PERSONAL INJURY, PROPERTY DAMAGE OR LOSS, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM; (C) INTERRUPTION OF BUSINESS; (D) DELAYS OR INTERRUPTION IN ACCESS TO THE PROGRAM; (E) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE WEBSITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (F) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THIRD PARTY SITE(S), (G) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY THIRD PARTY SITE(S) ASSOCIATED WITH THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH; (H) DATA NON-DELIVERY, LOSS, THEFT, MISDIRECTION, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (I) EVENTS BEYOND OUR REASONABLE CONTROL.

8.3. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM AND/OR YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY PROGRAM REWARD OR BENEFIT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

8.4. YOU AGREE THAT NO CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATED TO, THESE PROGRAM TERMS, YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. TO THE EXTENT PERMITTED BY LAW, IF YOU HAVE A DISPUTE WITH US REGARDING THE PROGRAM OR ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE REMEDY SHALL BE TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM AND WE SHALL HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.

9. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES AND ITS AND THEIR PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, VENDORS, MANUFACTURERS AND DISTRIBUTORS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, DEMANDS, CHARGES, COMPLAINTS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES), ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR USE OF ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM AND/OR YOUR BREACH OF ANY OF THESE PROGRAM TERMS. WE RESERVE THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY CLAIM SUBJECT TO THIS INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH US IN ASSERTING ANY AND ALL AVAILABLE DEFENSES.

10. Governing Law; Arbitration; No Class Actions

10.1. GOVERNING LAW. The Program and these Program Terms shall be governed by and construed in accordance with the laws of the State of Georgia and, as applicable, the Federal Arbitration Act, without giving effect to any conflict of law provisions.

10.2. ARBITRATION. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND SOUTHERN TIDE, LLC, ITS PARENTS, AFFILIATES, SUBSIDIARIES AND/OR ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, VENDORS, AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE PROGRAM, THE WEBSITE, THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITE, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE PROGRAM TERMS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE WEBSITE CONCERNS INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT (“FAA”) GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE GEORGIA STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN ATLANTA, GEORGIA OR, AT SOUTHERN TIDE’S ELECTION, IN THE CITY NEAREST TO YOUR PRINCIPAL PLACE OF RESIDENCE WHERE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) HAS AN OFFICE. THE ARBITRATION SHALL BE ADMINISTERED BY AAA IN ACCORDANCE WITH TITLE 9 OF THE U.S. CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.

10.3. NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU OR WE MAY HAVE IN CONNECTION WITH OR RELATED TO THE PROGRAM, TO THE WEBSITE, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE PROGRAM OR THE WEBSITE, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE PROGRAM TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE PROGRAM OR WEBSITE, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITE, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE PROGRAM TERMS.

11. Intellectual Property

All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned by Southern Tide, LLC and may be registered in the United States and internationally.

12. Taxes

You are responsible and liable for any applicable federal, state or local income, sales, use, or other taxes which may result from your participation in the Program.

13. Customer Service

For information about the Program or if you have any concerns regarding your Program account, contact our customer service team via email at theskipjack@southerntide.com or by telephone at (855) 890-