Membership Terms & Conditions

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AS FURTHER SET FORTH BELOW. THIS PROVISION REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

THE HARBOUR CLUB

MEMBERSHIP PROGRAM TERMS AND CONDITIONS

We look forward to serving you as a member (“Member”) of The Harbour Club (“Membership Program”). If you have any questions, please do not hesitate to contact our membership program personnel at customerservice@shopharbour.com. Membership in The Harbour Club (“Membership”) is implemented by Lurline Bay, LLC, a Delaware limited liability company d/b/a Harbour Outdoor (“Harbour”) and is subject to these Membership Program Terms and Conditions (“Terms”), which may change from time to time without prior notice.

Membership Eligibility

● All persons applying to become a Member must be over 18 years of age.

● Harbour reserves the right to refuse membership to any applicant and membership may be terminated at Harbour’s discretion and for any reason or no reason.

● Membership is limited to persons living within the United States and only for products sold within the United States.

● A Member may include a spouse/partner as an additional Member, provided that the spouse/partner share the same billing address. No more than two (2) Members may share the same Membership. Neither a Membership nor its benefits are transferable or assignable to, and may not be used by, any individual not listed on such Membership in accordance with these Terms and Conditions.

● A Member may online at Harbour’s website, at any Harbour Outdoor showroom, or by calling 1(310) 439-5972.

● Membership is subject to all rules adopted by Harbour, including Harbour’s Privacy Policy.

Membership Program Benefits

● The Membership Program is a paid membership with the following benefits. Benefits may be added, removed, or changed from time to time in Harbour’s sole discretion. To be entitled to the benefits, a person’s Membership must be active at the time a purchase is made. A person may sign up to become a Member and pay the Membership Fee, and immediately take advantage of all benefits of a Member, including any discounts on purchases.

● The following discounts (which cannot be combined with other offers):

o 15% savings on all full priced retail items; and

o 15% savings on all sale items.

● Nationwide white glove delivery starting from $399*.

● Complimentary design service with Harbour’s design consultants, subject to certain limitations and restrictions.

● Preview of new Harbour’s furniture and product collections, and

● Exclusive invitations to Harbour’s events.

● Harbour may, from time to time, make available to Members special discounts, savings and/or complimentary access (as applicable) with respect to certain goods and services.

Benefit Exclusions

● Membership Program benefits are valid at Harbour’s US based showrooms and www.shopharbour.com.

● Memberships are extended to individual consumers only and not to any company or corporate entity or enterprise.

● Memberships are limited to retail sales directly from Harbour and does not extend to any wholesale transactions or purchase from any of Harbour’s wholesale partners.

● Any one-time discount and promotion code offered under the New Membership Program or any other special offer cannot be used or combined with any discount or other benefit offered under the Membership Program. The Membership Program benefits cannot be used in conjunction with any coupon or with any corporate or prearranged group discount, unless specifically stated otherwise in the applicable coupon or discount.

● Membership Program discounts cannot be used toward the purchase of gift cards, applicable fees for swatches, gift boxes, personalization/monogramming, shipping and handling or toward applicable taxes.

Members Program Fee, Term and Renewals

● Members must pay a fee to become a member of the Membership Program (“Membership Fee”). Membership cannot be transferred or shared or used by any persons other than the enrolled Member. Payment of the membership fee entitles the named individual to become a Member of the Membership Program for one 12-month period from the date of enrolment. The then current membership fee will be posted on Harbour’s membership portal. Harbour may change the membership fee at any time and in its sole discretion. Change to the membership fee is effective immediately for all new and renewing Members.

● If Members authorize Harbour to charge membership fees on any credit card, debit card or other payment card, the authorized card will be charged on the same day of the month that the initial membership was purchases. Each Member is responsible for the Membership Fee and must authorize all charges.

● If a Member has not authorized Harbour to charge the membership fee for renewal of Membership, the membership will automatically terminate 12 months after enrollment, unless manually renewed by the individual Member.

● Each Member may opt-in to receive membership renewal reminders via email by adjusting the notification settings in each Member’s account. If a Member has opted-in to email reminders, Harbour will send the Member a renewal reminder one (1) month prior to the expiration of the then-current membership term. If Member resides in a state or province where specific renewal notifications are required, Member will receive a renewal remainder via email within the applicable timeframe required by law in the Member’s state or province. Renewal notifications will include instructions on how to cancel the Membership to avoid any future charge.

● A Member may elect to renew or not renew their Membership at any time from the Membership Portal on Harbour’s website, or by calling or e-mailing our service department at customerservice@shopharbour.com. If a Member wishes to delete their information, the Member can also contact our service department. Deletion of information will result in an immediate termination of Membership and access to Harbour’s website.

● ALL SALES OF THE MEMBERS PROGRAM ARE FINAL. No Member is entitled to, and Harbour is not liable for, the return of any prepayment of the Membership Fee or any portion of any Membership Fee.

Accuracy of Information

● Members are responsible for ensuring that all of their account information, including, without limitation, name, address, email address and phone number, is up-to-date and accurate. Periodically, Company may use information provided by the US Postal Service to update the mailing addresses for Members. Members can change their Membership information by updating their Membership profile data through an authenticated website account.

● Harbour is not responsible or liable for any correspondence (including any physical mail or email) that is lost, delayed or misdirected.

Consent to Electronic Communications

● By registering, joining or using the Membership Program, a Member is consenting to receive electronic communications from Harbour about the Membership Program. The communications covered by a Member’s consent may include (i) any initial disclosure statement or agreement governing the Membership, including these Terms and Conditions; (ii) any disclosure required by federal, state, provincial, territorial or local law, including any disclosure under the federal Electronic Fund Transfer Act, the federal Fair Credit Reporting Act and the financial privacy provisions of the Gramm-Leach-Bliley Act; (iii) any letter, notice or alert regarding the Membership, including, but not limited to, notices regarding expiration and renewal of the Membership, and any change to the Membership; and (iv) any other disclosures, notices or communications in connection with the application for, opening of, and maintenance of the Membership.

● Such electronic communications may include the name and certain information about the Membership, including the expiration date of the Membership and any updates to the Membership renewal fee.

● A Member consents to receive electronic statements or mobile alerts or other electronic messages. A Member may withdraw consent to receive future electronic communications at any time on Harbour’s website. Any withdrawal of consent to electronic communications will be effective only after a 10-day delay, to process such withdrawal request, however, no Member may not withdraw consent for communications which Harbour is required to provide by law, such as communications regarding security or privacy issues.

Electronic Signatures

● Each Member acknowledges that by clicking on the “Join Now”, “Sign In to Join”, “Continue” or a similar button provided in connection with these Terms and Conditions, such Member is signing a legal agreement and indicates agreement to the Terms. After clicking such button, the Terms shall constitute a binding agreement between Member and Harbour and includes the Member’s consent to electronic communications. .

● Each Member acknowledges and agrees that consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act and such other similar laws authorizing the use of electronic signatures.

Disclaimers; Limitation of Liability

● TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) USE OF THE MEMBERS PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT EACH MEMBER’S SOLE RISK; (B) THE MEMBERS PROGRAM AND ITS BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (C) HARBOUR AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, “MEMBERS PROGRAM PROVIDERS”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; AND (D) MEMBERS PROGRAM PROVIDERS MAKE NO WARRANTY THAT: (I) THE MEMBERS PROGRAM WILL MEET A MEMBER’S REQUIREMENTS; (II) THE MEMBERS PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY A MEMBER IN CONNECTION WITH THE USE OF THE MEMBERS PROGRAM WILL MEET ANY EXPECTATIONS.

● TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER HARBOUR NOR ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH A MEMBER’S APPLICATION FOR MEMBERSHIP IN, MEMBER’S PARTICIPATION IN, MEMBER’S MEMBERSHIP IN AND/OR THE TERMINATION OF THE MEMBERSHIP IN, THE MEMBERS PROGRAM. THE FOREGOING IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOSS, MISAPPROPRIATION AND/OR THEFT OF DATA, GOODWILL, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OF ANY KIND, ANY OTHER INTANGIBLE LOSSES AND CLAIMS OF THIRD PARTIES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE MEMBERS PROGRAM OR ANY BENEFITS THEREOF; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO IN CONNECTION WITH THE MEMBERS PROGRAM; (C) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF MEMBERS PROGRAM DATA; OR (D) ANY OTHER MATTER RELATING TO THE MEMBERS PROGRAM OR THE MEMBERSHIP.

● THE MAXIMUM COLLECTIVE LIABILITY OF THE MEMBERS PROGRAM PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, HOWEVER ARISING, SHALL BE EQUAL TO THE GREATER OF (A) THE MEMBERSHIP FEES ACTUALLY PAID BY A MEMBER TO THE MEMBERS PROGRAM PROVIDERS IN EXCHANGE SOLELY FOR THE RIGHT TO USE THE MEMBERS PROGRAM IN THE PREVIOUS TWELVE (12) MONTHS; AND (B) ONE HUNDRED SEVENTY-FIVE U.S. DOLLARS (US $175.00). EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, THE LIMITATIONS SET FORTH HEREIN SHALL APPLY WITH RESPECT TO ANY THEORY OF LEGAL LIABILITY, INCLUDING BREACH OR REPUDIATION OF CONTRACT, TORT, CIVIL LIABILITY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

● TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BY AGREEING TO THESE TERMS AND CONDITIONS, MEMBER WILLINGLY AGREES TO HAVE RELINQUISHED MEMBER’S RIGHT TO SEEK DAMAGES FROM THE MEMBERS PROGRAM PROVIDERS AS SET FORTH HEREIN, AND THAT SUCH LIMITATION REFLECTS A REASONABLE ALLOCATION OF RISK.

● THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE EXTENT SPECIFICALLY DISALLOWED.

Governing Law: Arbitration

● Subject to applicable law, these Terms and Conditions are governed by the laws of the United States (including the Federal Arbitration Act and other federal arbitration law) and the State of California U.S.A., without regard to its principles of conflicts of law, and regardless of the Member’s location.

● ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN MEMBER AND HARBOUR, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND MEMBER AGREES THAT HARBOUR AND MEMBER ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. MEMBER AGREES THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND MEMBER IS AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by JAMS in Los Angeles County, California, under JAMS’ Streamlined Arbitration Rules and Procedures, as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Member or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, or as otherwise required by the JAMS. If the parties are unable to agree on a location, such determination should be made by JAMS, or by the arbitrator. The arbitrator's decision will follow these Terms and Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude Member from bringing issues to the attention of federal, state, provincial, territorial or local agencies and, if the law allows, they can seek relief against us for Member.

Acknowledgement

● These Terms and Conditions, including all documents referenced herein, represent the entire understanding between Member and Harbour with respect to the Membership Program, and supersede any other agreements, statements or representations with respect to the Membership Program. Headings used in these Terms and Conditions are for reference only, and shall not affect the meaning of any terms. Any Member of the Membership Program is deemed to have accepted these Terms and Conditions and the Harbour Privacy Policy.

Intellectual Property

● As between Member and Harbour, all Membership Program materials, including all designs, texts, graphics, logos, button icons, images, audio clips, software, and the compilation thereof (including the selection, arrangement and assembly thereof) is the exclusive property of Harbour, and is protected by United States and international copyright and other intellectual property laws. Unless otherwise indicated on a particular part of the Membership Program materials, Member is granted permission solely to electronically copy and print portions of the Membership Program materials for the sole purpose of using the Membership Program materials for Member’s personal, non-commercial use, subject to these Terms and Conditions. Any other use of any Membership Program materials (including any reproduction, modification, distribution, republishing, transmission, display or performance) without the prior written permission of Harbour is strictly prohibited.