TopCoat Rewards Program Terms and Conditions

TopCoat Rewards Program Terms and Conditions

Last updated: May 20, 2020

PLEASE READ THESE PROGRAM TERMS CAREFULLY. BY PARTICIPATING IN THE PROGRAM, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE PROGRAM TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED HEREIN BY REFERENCE, INCLUDING TOPCOAT’S  TERMS OF SERVICE AND  PRIVACY POLICY.

SECTION 8 CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR RIGHTS. PLEASE READ THEM.

IF YOU DO NOT AGREE TO ALL OF THESE PROGRAM TERMS, PLEASE DO NOT PARTICIPATE IN THIS PROGRAM, OR TERMINATE YOUR MEMBERSHIP, AS APPLICABLE.

  1. ELIGIBILITY AND OVERVIEW
    1. 1.1.The TopCoat™ Loyalty Program (the “Program”) is offered only on www.TopCoat.store, at the sole discretion of TopCoat, LLC (“TopCoat” or “we”). Your participation in the Program is subject to all present and future TopCoat terms and conditions, including these TopCoat Loyalty Program Terms and Conditions (these “Program Terms”). These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. Program Terms are void to the extent prohibited by law.
    1. 1.2.Membership in the Program is open to individuals who are legal residents of the United States (including its territories and possessions) who are at least 18 years old or the age of majority in the Member’s jurisdiction of residence, whichever is older, for their personal use only, and is limited to one (1) account per individual. You do not need to join the Program in order to purchase products from TopCoat. Corporations, associations, or other groups may not participate in the Program. Employees of TopCoat are not eligible to participate in the Program. TopCoat reserves the right at any time to limit the number of participants in the Program or in any individual Program Tier (defined below).
    1. 1.3.By joining the Program and becoming a Program member (“Member” or “you”), you agree that you have read, understand, and agree to be bound by these Program Terms and by any changes or modifications we may make. You should review these Program Terms and the related PROGRAM FAQ’S frequently in order to understand the terms and conditions that apply to the Program, as these may change from time to time. Further by becoming a Member, you also agree to be bound by our website TERMS OF USE and PRIVACY POLICY, all of which are incorporated herein by reference. For the avoidance of doubt, your continued participation in the Program after any changes or modifications have been made to any of the Program Terms constitutes your consent and agreement to be bound by such Program Terms.
  1. ENROLLMENT
    1. 2.1.Eligible individuals may enroll in the Program by visiting here and following the prompts to join the Program by creating an account or logging in and agreeing to these Program Terms. By creating an account, you are also creating an account for www.TopCoat.store. Only one (1) account may be associated with a single email address. In the event of a dispute over ownership of an account, the Member will be deemed to be the authorized account holder of the email address submitted at the time he/she joined the Program. For purposes of these Program Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
    1. 2.2.You may be required to provide your full name, mailing address, email address, and date of birth and to create a password in order to create an account. You are solely responsible for maintaining the accuracy and privacy of your account information and for updating it as required. To redeem Points for a Reward (as defined below), you must have a valid physical address linked to your account.
  1. PARTICIPATION AND BENEFITS
    1. 3.1.The Program is a way in which we reward and thank our loyal customers for purchasing TopCoat® products and/or taking other Program-related actions. You may unlock Program loyalty tiers (each a “Tier”) by making eligible purchases or taking certain other qualifying Program actions. Actions may require additional disclosures by you in order to qualify. You may earn Program points (“Points”) for dollars you spend on each qualifying transaction on www.TopCoat.store only, excluding federal, state, and local taxes, shipping charges, employee or other discounts, and items purchased with a gift card, merchandise credits, or any Rewards or other awards. TopCoat may also, at its sole discretion, provide additional Points in connection with certain transactions and promotions. Once you unlock a Tier, you may be eligible for certain benefits, perks and rewards (collectively, “Rewards”) applicable to that Tier, which Rewards may change from time to time and may be offered on a limited basis. In order for your eligible purchase or action to qualify for Points, you must be enrolled in the Program, and you must be logged in to your account online prior to making such purchase or taking such action. Information regarding qualifying purchases and other actions to unlock applicable Tiers will be posted in the PROGRAM FAQ’S or may be communicated through other media (e.g., via direct mail, marketing communications, social media, etc.). Visit our PROGRAM FAQ’S to learn more about Tiers.
    1. 3.2.Points and Rewards earned through the Program have no cash value, are non-negotiable, and cannot be redeemed either in whole or in part for cash. Only the Member paying for products in a qualifying purchase may accumulate Points or Rewards. No Member may use Points or Rewards for commercial purposes, but only for personal use. If you return items from a qualifying purchase or obtain Points through fraudulent or other activity that violates these Program Terms, the appropriate number of Points originally earned from such purchase or activity will be automatically deducted from your Member account balance. Points and Rewards do not constitute property of any Member or any other person and may not be brokered, bartered, pledged, gifted, sold, or otherwise transferred, other than by TopCoat or as otherwise expressly provided for in these Program Terms, and any receipt or use of Points or Rewards in violation of these Program Terms will render such Points and Rewards void. Points shall not entitle the Member to a credit or charging order against TopCoat’s its assets, stock or inventory (either in the ordinary course or upon dissolution). Neither Accounts nor Points or Rewards may be shared or combined. Points earned may not be eligible for redemption until twenty-four (24) hours after they are awarded. Points are not capable of being combined or transferred to any other type of promotion or award. After twelve (12) months of inactivity, Points will expire. “Inactivity” is defined as a period in which a Member earns no Points, makes no qualifying purchases, takes no qualifying actions, and redeems no Points.
    1. 3.3.Points cannot be redeemed for Rewards in combination with any discount or special offer, including offers that include free shipping.
    1. 3.4.We reserve the right to change how you unlock each Tier and how we evaluate each qualifying purchase and/or action. We further reserve the right to place limits on the number of purchases or actions that are eligible for the Program and/or any applicable Tier, and/or the number or types of Rewards you may receive or earn in any applicable Tier, in a given time period or for the duration of the Program, and/or any combination thereof. Some purchases may be excluded from the Program, at TopCoat’ discretion.
    1. 3.5.If you have concerns that a purchase or other action was not properly applied to your Member account, you should contact TopCoat Customer Service at support@TopCoat.store. Your email must specify your name, address, phone number, and email address associated with your account, the date of the purchase or action, and the issue(s) you encountered. This email must be sent within forty-five (45) days after the purchase or action took place. We are not responsible for late notifications regarding purchases or actions not being credited to a Member account.

 

    1. 3.6.You may redeem Points for eligible Rewards by signing into your account. Rewards may only be redeemed for TopCoat products available on www.TopCoat.store unless expressly authorized by TopCoat. You cannot combine Rewards with any other coupon or promotion. Rewards cannot be exchanged or returned for another product or service or a monetary refund. Points used to redeem a Reward will be deducted from the total Points available in your Member account. Points may not be used toward purchases of gift certificates, charitable items, promotional value sets, sales tax, or shipping charges. Credits from multiple accounts may not be aggregated unless authorized by TopCoat. Taxes on Rewards may apply where required by law. You are solely responsible for any tax liability, including disclosure, related to your participation in the Program, including upon receipt of Points or redemption of Rewards.
    1. 3.7.TopCoat reserves the right, at any time in its sole discretion and without notice to you, to change Tiers and/or Rewards, how you earn Points and reach each Tier, and how we evaluate and reward your eligible purchases and other Program action.
  1. COMMUNICATIONS
    1. 4.1.By joining the Program, you will be automatically subscribed to receive, and you consent to receive, Program emails, including Program marketing emails, from us and/or our partners. Such emails include, but are not limited to, a Program welcome email, redemption confirmation email, an account update email, or other communications that relate to your membership.
    1. 4.2.You may opt-out of the Program at any time as set forth in Section 5.5 of these Program Terms; however, you may still receive emails relating to your www.TopCoat.store account, including marketing emails, from us and/or our partners, if any, pursuant to your www.TopCoat.store subscription.
  1. TERMINATION AND MODIFICATION
    1. 5.1.The Program and its benefits are offered at TopCoat’s sole discretion. We may, in our discretion, cancel, amend, modify, restrict, and/or terminate these Program Terms and/or the Program, or any aspect or feature of the Program, at any time without prior notice, even if such changes may affect Points already earned and/or the value of Rewards already accumulated and/or the ability to earn Points and/or redeem Rewards.
    1. 5.2.Membership may be revoked by TopCoat, in its sole discretion, at any time. Any abuse of the Program; failure to follow any of these Program Terms; membership inactivity for more than twelve (12) months; misrepresentation; or conduct that may be detrimental to TopCoat or our interests may result in the revocation of your membership and make you ineligible for further participation in the Program. If, in our sole discretion, we suspect fraud, misrepresentation, abuse, or violation of these Program Terms, we also have the right to take appropriate legal action.
    1. 5.3.If TopCoat terminates the Program or your membership is revoked, any Points or Rewards in your account or available to you prior to such termination or revocation will automatically expire, and your access to the Program and its features will automatically terminate, in TopCoat’s sole discretion.
    1. 5.4. Qualifying purchases and actions, as reflected in TopCoat’s records, shall be deemed correct, and TopCoat reserves the right to determine the qualification for any transaction and to correct or modify the Reward at any time based on TopCoat’s records and calculation of account information.
    1. 5.5.If you decide you no longer want to be part of the Program, you may cancel your membership at any time by contacting TopCoat Customer Service at support@TopCoat.store. Your email must specify your name, address, phone number, and email address associated with your account, and confirm that you wish to be removed from the Program. It may take up to seven (7) business days for your cancellation to complete. You acknowledge and agree that, upon cancellation of your membership, you forfeit any Points you may have earned and/or any Rewards that might otherwise have been available to you during your continued participation in the Program. If you wish to return to the Program after cancelling your membership, you will be required to join the Program again starting with no Points or available Rewards.
  1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
    1. 6.1.Neither TopCoat nor its parent company, subsidiaries, affiliates, directors, employees, agents, partners, or licensors makes any representations or warranties of any kind whatsoever, express or implied, in connection with these Program Terms or any of the Rewards associated therewith, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose. We make no warranties that defects or errors will be corrected.
    1. 6.2.You agree that neither TopCoat nor its parent company, subsidiaries, affiliates, directors, employees, agents, partners, or licensors will be responsible for or liable (in contract, warranty, or in tort (including negligence)) for any (a) interruption of business for any reason (including pandemic); (b) access delays or access interruptions to the Program; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction, or other modification; (d) loss or damages of any sort incurred as a result of dealing with or the presence of any third-party links on the Program site or on www.TopCoat.store or use of any Reward of the Program; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Program site or www.TopCoat.store, including during hyperlink to or from third-party websites; (f) any inaccuracies or omissions in Program content; or (g) events beyond our reasonable control, including without limitation any act of God, act of war, natural disaster, cyberattacks, terrorism, or any act or omission of a third party.
    1. 6.3.You agree that neither TopCoat nor its parent company, subsidiaries, affiliates, directors, employees, agents, contractors, contractual partners, providers, or licensors shall be responsible to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other tangible losses (even if TopCoat had been advised of the possibility of such damages), related to the Program or your participation therein, whether in contract, warranty, or in tort (including negligence) even if TopCoat has been advised of the possibility of such damages, and in no event shall TopCoat’ maximum aggregate liability for such claims exceed one hundred dollars (US$100.00).
    1. 6.4.You further agree that no claims or action in contract, warranty, or in tort (including negligence) arising out of, or related to, your participation in the Program, use of any Rewards or these Program Terms may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you are dissatisfied with the Program, termination of your membership is your sole remedy. We have no other obligation, liability or responsibility to you.
    1. 6.5.If there is a conflict between any terms set forth in these terms and conditions, the TopCoat website, the Program FAQ, any explainer page and/or any other statement or advert, such conflict shall be resolved as follows: these Terms & Conditions shall prevail.
    1. 6.6.Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. This Section 6 will survive termination of a Member’s participation in the Program.
  1. INDEMNIFICATION
    1. 7.1.You agree to defend, indemnify and hold harmless TopCoat, its parent company, affiliates, subsidiaries, directors, employees, agents, partners, contractors, contractual partners, telecommunication providers, content providers, and assignees and their respective officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorneys’ fees) made by any third party due to or arising out of your participation in the Program in violation of any law, rule, regulation, guideline, or these Program Terms, and/or your violation of any rights of another.
  1. CHOICE OF LAW AND DISPUTE RESOLUTION
    1. 8.1.The Program and these Program Terms are governed by laws of the State of Mississippi, without regard to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within Madison County, Mississippi, for any claims arising out of or relating to the Program or your participation therein or the Program site.
    1. 8.2.Any dispute, controversy, or claim related in any way to the Program, these Program Terms, your Program membership, or the relationship between TopCoat and you shall be submitted to confidential arbitration in Madison County, Mississippi, except that, to the extent you have in any manner violated or threatened to violate TopCoat’s intellectual property rights, TopCoat may seek injunctive relief in any state or federal court in the State of Mississippi, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Program Terms shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
    1. 8.3.To the fullest extent permitted by applicable law, no dispute under these Program Terms shall be joined to a dispute involving any other party subject to these Program Terms, whether through class arbitration proceedings or otherwise. You agree that you may bring claims related to the Program, these Program Terms, your Program membership, or the relationship between TopCoat and you against us in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
  1. PRIVACY
    1. 9.1.The personal information collected from you in connection with the Program, including but not limited to your Program membership registration data and purchases made in connection with your Program membership, is subject to ourPRIVACY POLICY.
  1. CONTACT US
    1. 10.1.For more information about the Program and your Program membership, please contact us atsupport@TopCoat.store. You may also find answers to your Program-related questions in ourPROGRAM FAQ’S. We are not responsible for requests or correspondence that is lost or delayed in the mail or via the Internet.

 

FREQUENTLY ASKED QUESTIONS

Last updated: May 20, 2020

1. WHAT IS THE TOPCOAT® LOYALTY PROGRAM?

The TOPCOAT® Loyalty Program is TopCoat’s customer loyalty program that allows its most loyal customers to earn Points that can be redeemed for TOPCOAT® products through its online store.

2. WHO CAN JOIN THE PROGRAM?

The Program is open to individuals who are legal residents of the United States (including its territories and possessions) who are at least 18 years old or the age of majority in the Member’s jurisdiction of residence, whichever is older, for their personal use only, and is limited to one (1) account per individual.

3. HOW DO I JOIN THE PROGRAM?

Eligible individuals may enrol in the Program by creating an account, or by logging in to an existing account, on www.TopCoat.store and agreeing to the PROGRAM TERMS. You may be required to provide your full name, mailing address, email address, and date of birth and to create a password in order to create an account.

4. WHAT AM I AGREEING TO BY JOINING THE PROGRAM?

By joining the Program, you agree that you have read, understand and agree to be bound by thePROGRAM TERMS and by any changes or modifications we may make to those Program terms and conditions. You also agree to receive Program-related emails from us and our partners.

5. WHAT ARE THE TERMS OF THE PROGRAM?

Please refer to thePROGRAM TERMS for the full list of Program terms and conditions.

6. HOW WILL YOU USE THE INFORMATION I PROVIDE THROUGH THE PROGRAM?

The personal information collected from you in connection with the Program is subject to ourPRIVACY POLICY.

7. HOW DOES THE PROGRAM WORK?

The Program has Tiers. As you advance to higher and higher Program Tiers, you earn more Points and unlock more Rewards. Rewards can be used toward TOPCOAT® products available on www.TopCoat.store.

8. WHAT ARE THE PROGRAM TIERS?

The Program Tiers – are found in the infographics listed on this page.

9. WHAT ARE THE REWARDS?

Reward for each Tier are found in the infographics listed on this page.

10. HOW DO I EARN POINTS?

You earn Points by logging in to your account and then making qualifying purchases or taking qualifying actions. We may also, at our sole discretion, provide additional Points in connection with certain transactions and promotions.

You may earn Points for dollars you spend on each qualifying transaction on www.TopCoat.store, excluding federal, state, and local taxes, shipping charges, employee or other discounts, and items purchased with a gift card, merchandise credits, or any Rewards or other awards. Some purchases may be excluded from the Program, at TopCoat’s discretion.

Some actions may require additional disclosures by you in order to qualify. Birthday Points are earned only if you provide your birthday information at least 1 month prior to your birthday date.

11. HOW DO I QUALIFY FOR EACH PROGRAM TIER?

Program tiers are based on your qualifying purchases and actions in a rolling 365-day period. For the 365-day period after which you join the Program and/or enter a new Tier, you will earn Points from your qualifying purchases and actions based on the rate for that Tier. Your Tier level for the subsequent annual period will be based on Points you earn from your qualifying purchases and actions, starting the first day after your enrollment and/or entry into a new Tier and ending on or around Day 365. On Day 366, you may be placed in a different Tier depending on the number of Points you earn in the immediately preceding 365-day period, and your spend and actions register will be set at zero.

12. HOW DO I REDEEM POINTS FOR REWARDS?

Points cannot be redeemed for Rewards in combination with any discount or special offer, including offers that include free shipping. You may redeem Points for eligible Rewards by signing into your account. To redeem Points for a Reward, you must have a valid physical address linked to your account. Rewards may only be redeemed for TopCoat® products available on www.TopCoat.store unless expressly authorized by TopCoat. You cannot combine Rewards with any other coupon or promotion. Rewards cannot be exchanged or returned for another product or service or a monetary refund. Points used to redeem a Reward will be deducted from the total Points available in your Member account; however, you will remain in your current Tier for its entire 365-period even if you use Points in your account. Points may not be used toward purchases of gift certificates, charitable items, promotional value sets, sales tax, or shipping charges. Credits from multiple accounts may not be aggregated unless authorized by TopCoat. Taxes on Rewards may apply where required by law. Any tax liability, including disclosure, is the sole responsibility of the Member.

13. WHEN WILL MY POINTS BE AVAILABLE?

It may take up to 7 days for eligible purchases or actions to post to your account. It may take 24 hours for you to be able to redeem Points once rewarded.

14. HOW DO I CHECK MY MEMBER ACCOUNT STATUS?

You can check your membership level and account status by logging into your account on www.TopCoat.store and clicking the green “Rewards” widget on your dashboard.

15. WHAT IF MY POINTS ARE NOT SHOWING IN MY ACCOUNT?

If you have concerns that a purchase or other action was not properly applied to your Member account, you should contact TopCoat Customer Service at support@TopCoat.store and provide your name, address, phone number, and email address associated with your account, the date of the alleged purchase or action, and the issue(s) you encountered. This email must be sent within forty-five (45) days after the alleged purchase or action took place. We are not responsible for late notifications regarding purchases or actions not being credited to a Member account.

16. DOES MY MEMBERSHIP EVER EXPIRE?

While your membership may remain open, Points will expire after twelve (12) months of inactivity, a period in which a Member earns no Points, makes no qualifying purchases, takes no qualifying actions, and redeems no Points.

17. CAN MY MEMBERSHIP BE REVOKED?

Your membership may be revoked by TopCoat, in its sole discretion, at any time. Any abuse of the Program; failure to follow any of these Terms; membership inactivity for more than twelve (12) months; misrepresentation; or conduct that may be detrimental to TopCoat or our interests may result in the revocation of your membership and make you ineligible for further participation in the Program. If, in TopCoat’s sole discretion, we suspect fraud, misrepresentation, abuse, or violation of these Terms, we also have the right to take appropriate legal action.

18. WHAT HAPPENS TO MY POINTS IF MY MEMBERSHIP IS REVOKED?

If your membership is revoked, any Points or Rewards in your account or available to you prior to such termination will automatically expire, and your access to the Program and its features will automatically terminate, in TopCoat’ sole discretion.

19. CAN THE PROGRAM BE MODIFIED OR TERMINATED?

Yes. TopCoat may, in its discretion, cancel, amend, modify, restrict, and/or terminate the Program, the Program Terms, or any aspect or feature of the Program, at any time without prior notice, even if such changes may affect Points already earned and/or the value of Rewards already accumulated and/or the ability to redeem Rewards.

20. WHAT HAPPENS TO MY POINTS IF THE PROGRAM IS TERMINATED?

If the Program is terminated, any Points or Rewards in your account or available to you prior to such termination will automatically expire, and your access to the Program and its features will automatically terminate, in TopCoat’s sole discretion.

21. WHAT DO I DO IF I FORGOT MY PASSWORD?

If you have forgotten your password, go to the Log In page and click on the “Forgot Password” link. You will then be prompted to enter the email address associated with your www.TopCoat.store account, and a temporary password will be emailed to that email address. Follow the prompts in the email to create a new password.

22. HOW DO I TERMINATE / CANCEL MY PROGRAM MEMBERSHIP?

If you decide you no longer want to be part of the Program, you may cancel your membership at any time by contacting TopCoat Customer Service at support@TopCoat.store. Your email must specify your name, address, phone number, and email address associated with your account, and confirm that you wish to be removed from the Program. It may take up to 7 business days for your cancellation to complete.

23. WHAT HAPPENS TO MY POINTS IF I TERMINATE / CANCEL MY PROGRAM MEMBERSHIP?

If you cancel your membership, you forfeit any Points you may have earned and/or any Rewards that might otherwise have been available to you during your continued participation in the Program. If you wish to return to the Program after cancelling your membership, you will be required to join the Program again starting with no Points or available Rewards.

QUESTIONS? CONTACT US AT: SUPPORT@TOPCOAT.STORE.

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