These terms and conditions govern the overall SK Club Loyalty Program. The SK Club Loyalty Program consists of both a basic free tier membership (“SK Club”), and a premium paid membership tier (“SK Club Pro”) (collectively, the “Program”) brought to you by SK Hand Tool, LLC (collectively “we,” “us,” “our,” “ours,” or, “SK Hand Tools”). Your participation or use of any membership or related benefits in the Program (“Membership”) at any time subjects the user (“you,” “your,” “yours,” “Member”) to the provisions of these terms and conditions, as amended from time to time.
1. MEMBERSHIP AND GENERAL TERMS/CONDITIONS
(a) Members of the Program agree to these terms and conditions (this “Agreement”), as published and subject to periodic update at sktools.com/content/sktools/en_US/Loyalty-Program-Terms-and-Conditions. This Agreement replaces all previously published information, and Members have the responsibility to check for any updates. If this Agreement is updated, any changes will apply to all Members, including Members enrolled before SK Hand Tools posts the updated text, except as may be prohibited by law. SK Hand Tools may change this Agreement, in whole or in part, at any time without notice, even though changes may affect rewards and benefits earned before such changes.
(b) By enrolling in the Program, Members agree to receive advertising, marketing materials and other Program communications. Members will be asked to provide a valid email address, mailing address, name, and other contact information and preferences in order to receive benefits and reward notifications. We may request proof of identification and age to verify (A) your eligibility for Program Membership, (B) Membership participation, and (C) your compliance with this Agreement. We expect Members to submit and maintain accurate and current user information in connection with their Memberships. Periodically we will utilize the National Change of Address (NCOA) system to update the mailing addresses of accounts in our database through information provided by the United States Postal Service. Members can change their account information by (i) updating Member profile data through an authenticated sktools.com account or (ii) calling Member Services toll free at 1-800-822-5575. We cannot assume any, and disclaim all, liability for correspondence, mail or e-mail that is lost, delayed or misdirected.
(c) Membership is open to residents of the United States who are 18 years of age or older.
(d) Membership accounts, benefits, coupons, special offers, and rewards (i) are nontransferable, except to a new membership account for the same member in the case of a lost or stolen account number, (ii) have no cash value and are not gift cards or gift certificates, (iii) may not be offered for resale, and (iv) are not redeemable for cash under any circumstance unless required by law. Accumulated coupons, rewards and special offers do not constitute property of the Member, nor are accumulated coupons, rewards and special offers transferable by the Member upon death, as part of a domestic relations matter or otherwise. Coupons, rewards, special offers, tier cost, and other benefits of the Program may be taxable to the Member where required by law. SK Bucks™ may not be used toward the purchase of SK Hand Tool gift certificates or membership fees.
(e) Entities or persons using the Program for profit are not eligible to become or remain Members or to accumulate rewards. Membership is intended for individual use only, and is not available to organizations, legal entities or groups such as, but not limited to businesses, churches, daycare, non-profits, etc. Abuse of the Program, including failure to follow this Agreement, may result in cancellation of the Member’s Account, future disqualification from participation and forfeiture of all coupons, SK Bucks™, rewards and special offers accrued, in addition to other remedies available to us under applicable law. In connection with the enforcement of any provision of this Agreement governing the Program, SK Hand Tools reserves the right to take appropriate legal action as it deems necessary and will be entitled to recover damages, attorneys’ fees and court costs as allowed by applicable law.
(f) Members have the right to cancel their Membership at any time. If an SK Club Pro Membership Program Member cancels his/her Membership during the first thirty (30) days of the initial, or any renewal term, he or she will be entitled to a full refund of the Membership fee for the Membership term during which such cancellation occurs, but only if such Member has not gained benefit from the tier during such thirty (30) day period. No refunds will be available for cancellation by Member after such thirty (30) day period or in the event of fraudulent behavior on the part of Member. If an SK Premium Membership Program Member cancels his/her Membership, such Member may elect to move to the no-fee tier SK Club with a coupon for any earned SK Bucks™ under the SK Club Pro membership or be removed from the Program in its entirety.[MS1]
Members have a right to cancel by:
(i). E-mailing: firstname.lastname@example.org or
(ii) Calling Member Services at 1-800-822-5575 or 1-800-U-CALL-SK.
SK Hand Tools reserves the right to suspend or terminate a Membership, including any associated accounts, without notice, for any reason in our sole discretion, including, without limitation, violation of this Agreement or fraudulent behavior by a Member. In the event of any such termination by SK Hand Tools, existing rewards (including coupons and SK Bucks™) will be forfeited. Examples of fraudulent behavior that may result in Membership cancellation include, but are not limited to (1) making purchases and then refunding in an attempt to inflate spending or transactions on a Member’s account and (2) posting Member directed promotional offers or coupons, or an account number on websites or reproducing for use by third parties or public websites. We may terminate or alter any or all of the benefits available under the Program at any time with or without notice. In the event of our termination of the Program, at our election we may maintain Membership benefits until expiration of special offers.
Memberships may be closed and/or coupons or SK Bucks™ reverted due to any type of computer or technical issues that may arise. This would include any type of electronic malfunctions or human error on behalf of SK Hand Tools employees and agents. SK Hand Tools will, to the best of its ability, attempt to later fix any accounts that were closed due to any of these reasons and reapply any outstanding SK Bucks™ or coupons existing at the time the issue arose.
Members may be provided with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of the Member website at sktools.com. Each Member has the responsibility for the use of his/her own password and username to gain access to the Program website page.
We will have no responsibility for Member’s inability to access such restricted portions of such website if Member has lost or forgotten username, password or other necessary code. Members can request a password reset be emailed to them at https://sktools.com/shop/customer/account/forgotpassword/.
(g) From time to time, Members may be eligible for sweepstakes, contests or other promotions. Participation in such events shall be subject to the terms, conditions and rules published at the time of such event and applicable state laws.
The Program entitles Members to the following coupons, rewards, special offers, and other Membership benefits. All benefits, coupons, rewards, special offers, and other savings received are treated as discounts for tax purposes.
(a) Sign-Up Coupon. Upon validly signing up for new Membership, each Member (regardless of Program) shall receive a single-use coupon for up to 25% of the purchase of one eligible item. A Member may redeem his/her coupon by providing the applicable coupon code at the time of purchase.
(b) Monthly Socket Coupons. Each SK Club PRO member shall receive a coupon each month that can be redeemed for a free socket, among a specified selection of sockets. Each such coupon is valid only during the specified month, after which it shall expire. Shipping on the socket redeemed pursuant to such coupon shall be free for the Member, provided that shipping is to a valid address within the United States.
(c) Birthday Coupon. If a Member provided a date of birth, a “birthday coupon” will be automatically loaded onto the account during the birthday month that is entered into the Member’s profile. Members will receive a 25% off coupon valid during the birthday calendar month, after which it will expire. A Member may redeem his/her birthday coupon by providing the applicable coupon code at the time of purchase. New enrollments must be active for one calendar month before the member is eligible to receive the birthday coupon.
(d) SK Club Pro Membership Program – Free Shipping. Products sold at sktools.com that are marked as eligible for free standard ground shipping shall be shipped at no cost within the United States to valid Members participating in the SK Club Pro Program. Free shipping does not include expedited shipping options, which is available upon request at additional cost to the Member. Some special product, order, handling fees, and/or taxes may still apply to eligible purchases. If only some items in your order are eligible for free shipping, you will pay applicable shipping charges for the ineligible items. Changing or combining orders, or changing your shipping address, speed, or preferences might affect free shipping eligibility.
(e) SK Club Pro Membership Program – Accumulation of SK Bucks™. SK Club Pro Membership Program Members receive 0.05 SK Bucks™ per every one dollar spent on purchases at sktools.com. As long as you have an active SK Club Pro Membership Program Membership, earned SK Bucks™ will not expire. For every one SK Buck accumulated on purchases made at sktools.com, SK Club Pro Membership Program Members are eligible to use such SK Buck(s) on valid purchases at the rate of one SK Bucks™ for every US Dollar. SK Club Pro Membership Program Members can use their SK Bucks™ towards the purchase of eligible products at sktools.com. SK Bucks™ are not transferable and may not be sold, resold, exchanged, or bartered. SK Bucks™ you earn or are awarded may be subject to taxation, for which you are solely responsible. SK BUCKS™HAVE NO CASH VALUE AND MAY NOT BE REDEEMED FOR CASH. NO CREDIT, CASH, OR OTHER VALUE WILL BE GIVEN FOR UNUSED SK BUCKS™.
SK Tools may also award SK Bucks™ to Members, or to any subset of Members, from time to time. SK Tools makes no representations that all Members will be treated equally in the Program.
(f) Ineligible Purchases. The following purchases or products are NOT eligible toward earning or redemption of SK Bucks™:
(g) Other Benefits. From time to time, SK Hand Tools, in its discretion, may offer additional benefits and promotions to its Members. For example,
(h) Program Account Number; Expiration. To be eligible for Membership benefits and to earn coupons your account number must be entered into the appropriate area of sktools.com page for purchases. It is the Member’s responsibility to present the account number in condition to be entered at the time of the transaction.
To earn or apply benefits, the Membership account must be active at the time of purchase. Members will NOT be credited retroactively for purchases made without an active Membership account presented at the time of purchase.
SK Hand Tools is not responsible for the use or redemption of rewards from an account that has been lost, stolen, or otherwise used without Member’s permission.
All rewards (including SK Bucks™) are the property of SK Hand Tools.
Please visit https://sktools.com/content/sktools/en_US/warranty.html for full refund policy. E-mail email@example.com with questions or to process a refund. All SK Bucks™ that a Member has earned for the purchase that is being refunded will be deducted from accumulated SK Bucks™ balance. Program rewards (including SK Bucks™) that were used towards the purchase will be reverted back to the Member’s account.
4. SK CLUB Membership Program - MEMBERSHIP FEE.
The annual Membership fee for the SK Club Membership Program tier is $0. SK Club Membership Program Members may cancel membership at any time as described above in Paragraph 1(f). SK Club Membership Program Members may upgrade to the SK Club Pro Membership Program tier at any time with payment of the SK Club Pro Membership Program fee in effect at the time of upgrade.
5. SK CLUB PRO Membership Program - MEMBERSHIP FEE.
The annual Membership fee for the SK Club Pro Membership Program is $49.99. Membership fees are subject to taxation in accordance with applicable federal, state, provincial or local law. The annual Membership fee does include applicable taxes. We may change the Membership fee at any time, but changes will apply only to new and renewal Memberships. The fee is not refundable unless the Membership is cancelled during the first thirty (30) days of then current one-year Membership term (including any renewal term), as described above in Paragraph 1(f).
6. SK CLUB Membership Program - TERM.
The SK Club Membership Program term is unlimited as long as the account stays in an active status. SK Hand Tools reserves the right to cancel the account after two (2) years (24 consecutive months) of non-use.
7. SK CLUB PRO Membership Program - TERM, GRACE PERIOD, RENEWAL.
The SK Club Pro Membership Program term ends on the one year anniversary from the date of payment for Membership enrollment. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SK CLUB Pro MEMBERSHIP PROGRAM MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. If no renewal has occurred, or if the Member voluntarily cancels his or her SK Club Pro Membership Program Membership, the Member’s account will be automatically converted to the SK Club Membership Program tier unless the Member requests to be removed from the Program in its entirety. As an After SK Club Pro Member, all coupons, SK Bucks™] and available rewards will be carried over upon renewal.
8. DISCLAIMERS; LIMITATION OF LIABILITY.
USE OF THE PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT MEMBER’S SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ONLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. SK HAND TOOLS AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY “MEMBERSHIP 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. MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) 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 VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER’S PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME 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 YOU.
9. GOVERNING LAW.
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by and construed in accordance with the laws of the State of Illinois without regard to conflict of law principles.
10. BINDING ARBITRATION.
Any controversy or claim arising out of or relating to this Agreement (including any breach hereof) or the Program shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude SK Hand Tools from seeking any injunctive relief in State or Federal courts for protection of its intellectual property rights (including such rights of its licensors).
This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the Program with respect to the Program and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any portion of the Program is deemed to have accepted the terms and conditions of this Agreement.
12. CHANGES TO THIS AGREEMENT.
We may change the terms of this Agreement at any time without notice or liability by posting a revised Agreement on the Program website located at sktools.com. Any change shall take effect immediately upon posting, unless otherwise provided. You may view the current version of this Agreement at any time online at sktools.com/content/sktools/en_US/Loyalty-Program-Terms-and-Conditions. You may also obtain a copy by calling 1-800-822-5575.
Date of Last Revision: April 27, 2017