Terms and Conditions
Please read these Rewards Program Terms and Conditions (“Terms and Conditions”) carefully. When you sign up for an account with FosterGrant.com (“Website”) and enroll in the Rewards Program (“Program”), you agree to be bound by these Terms and Conditions. The Terms and Conditions apply to your access and participation in the Program. These Terms and Conditions do not alter in any way any of the terms or conditions of any other agreement you may have with FGX Direct LLC and its affiliates for products or otherwise, including without limitation the Website terms and conditions.
The Program is available to all persons who have reached the age of majority in their state, province or country of legal residence and have registered an account with the Website. By creating an account with the Website and participating in the Program, you represent that you have reached the age of majority in your state, province or country of legal residence and that you have agreed to and accepted these Terms and Conditions. Limited to one (1) account per individual.
3. Earning Points
As a participant of the Program, you can earn points as follows (“Rewards Points”): a. Ten (10) points for opening an account with the Website and participating in the Program; b. One (1) point for every US $1.00 you spend on purchases made on the Website. Additional Rewards Points can be earned through special offers and promotions as designated by FGX Direct LLC in its sole discretion, from time to time. Rewards Points will be posted to your account approximately twenty-four (24) hours after being earned. Rewards Points earned on purchases are based on the actual value of product(s) purchased rounded down to the nearest dollar and are net of any taxes, shipping or other charges. Rewards Points do not have any monetary value and are non-transferable.
4. Rewards Points Redemption
Rewards Points can only be redeemed towards purchases made on the Website. Rewards Points can be redeemed at the time of checkout. For purposes of redemption, Rewards Points are valued at US $.25 per point. Rewards Points can only be redeemed by the account holder to whom the Rewards Points were awarded. Once you have earned Rewards Points, you will have the option of using Rewards Points as a method of payment. The option to use Rewards Points, as well as the balance (and US Dollar equivalent) will be shown in the payment method area at the time of checkout. Rewards Points can be used in conjunction with other payment methods available at checkout (e.g., credits cards, gift cards, etc.). If products are returned, any Rewards Points used in connection with the original purchase will be credited back to your account. Rewards Points must be redeemed within six (6) months of being earned or else the Rewards Points will expire. You will be sent email notifications thirty (30) days prior to expiration of any Rewards Points. Rewards Points cannot be used on previous purchases and cannot be redeemed for cash. Unredeemed points are forfeited if your account with the Website is terminated or suspended.
5. Points Management
Points can be viewed and managed through your “Customer Account” page on the Website, which will provide the current Rewards Points balance (and the US Dollar equivalent) and a cumulative history of Rewards Points earned, redeemed and expired.
6. Free Ground Shipping to the Forty-Eight (48) Continental United States
*By signing up for an account with the Website and participating in the Program, you are also eligible for free ground shipping on all purchases made on the Website to the forty-eight (48) continental United States. Shipping charges will apply to all orders to Hawaii and Alaska, as well as any international orders (if applicable).
7. General Terms and Conditions
This Program is void where prohibited by law. FGX Direct LLC reserves the right to terminate your account and your participation in the Program if FGX Direct LLC determines in its sole discretion that you have violated these Terms and Conditions or the Website terms and conditions. FGX Direct LLC reserves the right to modify or terminate the Program and Terms and Conditions at any time and without notice. Any changes or modifications will be effective immediately upon posting the revisions to the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Participants are responsible for all taxes, liabilities, surcharges, and any other fees associated with participation in the Program. FGX Direct LLC, its affiliates and their respective directors, officers, employees and agents (“Released Parties”) shall not be liable for any injuries, loss, or damage of any kind arising from or in connection with this Program including any injuries, loss or damage of any kind arising from or in connection with participation in the Program. The Released Parties are not responsible for any typographical or other errors in the printing of these Terms and Conditions or administration of the Program. FGX Direct LLC reserves the right to prohibit the participation of an individual if fraud, tampering or other conduct is suspected. IN NO EVENT WILL ANY OF THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PROGRAM. THE PROGRAM AND REWARDS POINTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. Governing Law; Jurisdiction
Any and all disputes, claims, and causes of action arising out of or connected with the Program shall be resolved individually, without resort to any form of class action, and exclusively by an action in the Federal or State Courts located in the State of Rhode Island, Providence County; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participation in the Program, but in no event attorneys’ fees; and (c) under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of participant and FGX Direct LLC in connection with this Program, shall be governed by, and construed in accordance with the laws of the State of Rhode Island without regard for conflicts of law doctrine of any jurisdiction.