Quay Rewards Terms & Conditions

These terms and conditions (these "Terms") apply to the QUAY Rewards program (the "QUAY Rewards ") offered by Quay Eyeware, Inc. (referred to as "QUAY" "us", "we", or "our" as the context may require). These Terms are subject to change by us without prior written notice at any time, in our sole discretion. Any changes to the Terms will be effective immediately upon posting on the QUAY Rewards website. You should review these Terms before participating in QUAY Rewards your continued participation in the QUAY Rewards after any changes to these Terms constitutes your acceptance of and agreement to such changes.

Eligibility and Participation

By participating in the Program, you agree to be bound by these Terms, as well as any additional terms and conditions that may be imposed by us from time to time in connection with the Program. If you do not agree to these Terms, you should not participate in QUAY Rewards. By registering for an account for QUAY Rewards and by participating in the rewards program:

You represent that you are 18 years of age or older and a resident of the United States.
You agree to the Terms, as well as the other rules, policies, and procedures of the QUAY Rewards posted or otherwise provided by us including the QUAY Website Terms of Use and Sale Terms.

Earning and Using QUAY Rewards Points

As a participant of QUAY Rewards, you earn points by joining QUAY Rewards and by making purchases of QUAY products on the QUAY website and QUAY stores, and if offered by us can gain opportunity to earn more points by engaging with our brand and community online. You may register to join QUAY Rewards through the QUAY Website. When creating an account with QUAY Rewards you will sign up to receive emails and/or social media messages for QUAY Rewards account holders, and we may collect personal information about the purchases you make online or in stores. This could include the products you purchased and their prices in order to issue points. Accordingly, you agree to our Privacy Policy . Once you have created your QUAY Rewards account, you will able to earn points through QUAY Rewards

Quay Club Memberships and Points Transfer

If you currently have an active online account with our previous program, "Quay Club," you are automatically enrolled in the QUAY Rewards program. When your Quay Club membership is up for renewal, you will be automatically transitioned into QUAY Rewards. There will be no annual fee charged upon the end of your Quay Club membership term. Your Quay Club points balance will be transferred to the new QUAY Rewards program and your Quay Club points will be converted at a rate of one (1) Quay Club dollar to 10 QUAY Rewards points. This rate of exchange constitutes the same value of program points.

Restrictions and Limitations

Only one (1) QUAY Rewards account is permitted per person, per email address. Purchases made prior to your registration with QUAY Rewards will not be eligible for points. When making purchases online, you must sign into your QUAY Rewards Account prior to making the purchase. When making a purchase in a store, QUAY store associates can also look up your QUAY Rewards account using the email address provided upon registration to QUAY Rewards to register your in-store purchase. You will be able to access from your point balance and view your history of point rewards and redemptions from your Point calculations are based upon US dollars spent at checkout on Eligible Product Purchases. "Eligible Product Purchases" means purchases of QUAY products such as sunglasses, QUAYRx accessories, and accessories. The following costs are excluded from point calculation of Eligible Product Purchases: sales tax, state fees, shipping & handling or delivery charges, and purchase of gift cards. You will not earn points for the amount of any coupon, discounts, or merchandise credit applied to purchases, as well as the value of any Reward being redeemed. QUAY has the right to make the final decision on whether any product purchase qualifies for points. Points are property of QUAY, have no cash value, and are not transferable to anyone else or any other QUAY Rewards accounts in any capacity for any reason.

Earning Limits and Returns

You will earn one (1) point for each $1.00 USD Eligible Product Purchases while signed in with QUAY Rewards. Reward discount points (“Rewards”) are redeemable at every One Hundred (100) point mark. Note that there is a limit of Eight Hundred (800) reward discount points that can be used per transaction. Rewards discounts that function as a discount on your purchase and are not considered tender. Available Reward discount points will be automatically shown at check-out while signed into your QUAY Rewards account if applicable to your purchase. Return of products under QUAY Rewards are subject to our return policy according to the QUAY Website Terms and Conditions. QUAY Rewards points previously posted for that purchase will be deducted from the point balance of the QUAY Rewards provided at the time of purchase. Partial returns will not be refunded, and points earned on returned items will be deducted from your points balance.

Expiration, Forfeiture of Points and Modifications

Unused points will expire one (1) year after they have been issued if there is no purchase activity on the QUAY Rewards account within the twelve (12) month period. Points that remain on a QUAY Rewards account will also expire and are forfeited if a QUAY Rewards account terminated or the QUAY Rewards account is closed. Points may not be combined among Quay Rewards accounts. You may cancel your QUAY Rewards account at any time by discontinuing use. If you discontinue your QUAY Rewards account, your accrued points will be forfeited. Points are not transferable and may not be combined among other QUAY Rewards or conveyed by any means to anyone. No currency will be given for any portion of a points redemption. QUAY is not responsible if points are lost or stolen. QUAY will not replace points including due to loss of access to QUAY Rewards account, change of email address, lost password, other contact information. QUAY reserves the right to offer additional QUAY Rewards benefits or decline to offer certain benefits at any time in its sole discretion, with or without notice to you. This may include making bonus points and other promotional offers available to select QUAY Rewards based on purchase activity, geographic location, QUAY Rewards participation, or other information supplied by QUAY Rewards account holder. Accounts with QUAY Rewards and its benefits are offered at the discretion of QUAY, which reserves the right to terminate, change, limit, modify, or cancel any QUAY Rewards Terms, rules, regulations, benefits, or conditions of participation at any time. QUAY reserves the right, at our discretion, to change, modify, cancel, add or remove any or all portions of these Terms, any policy, FAQ, or guideline pertaining to the QUAY Rewards at any time. QUAY may make revisions to QUAY Rewards that may include but are not limited to any of the following changes: (i) increase or decrease in the points required or rate at which Points can be earned; (ii) the value of points and/or Rewards that can be earned; (iii) change the method of becoming a QUAY Rewards account holder. If these Terms change in the future, we will let you know by posting an update to Quay Rewards Terms & Conditions with the most recent modification date. Any changes or modifications will be effective immediately upon posting the revision and you waive any right you have to receive special notice of such change. By continuing to use QUAY Rewards, you agree to the revised terms. These Terms are void where and to the extent prohibited by law. In the event of a dispute over ownership of a QUAY Rewards account, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of joining QUAY Rewards. For purposes of these 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 that is responsible for assigning email addresses for the domain associated with the submitted email address. QUAY Rewards may be used only for personal, family and household purposes. You agree that you will not use QUAY for business or commercial purposes. Resellers are expressly excluded from QUAY Rewards. Abuse of QUAY Rewards, including failure to abide by these Terms and any misrepresentation of fact relating thereto or other improper conduct as determined by QUAY in its sole judgment may result in cancellation of a QUAY Rewards account and future disqualification from QUAY Rewards participation, forfeiture of all Points accrued, and cancellation of previously issued but unused points and/or Rewards. Selling, bartering or purchasing QUAY Rewards points and/or Rewards is strictly prohibited. No discounts to dealers and wholesalers. We may suspend or remove you from QUAY Rewards due to violation of these Terms or because of fraudulent activity or suspected fraudulent activity including the unauthorized reselling of QUAY products. Further action may include the cancellation of orders subject to our QUAY Terms & Conditions resulting in lifetime bans from QUAY Rewards and cancellation and/or forfeiture of QUAY Rewards points and/or Rewards.

Release and Limitation of Liability

By agreeing to participate in the QUAY Rewards, you release QUAY, its parent and subsidiaries and affiliate entities, and their respective, directors, officers, employees and agents (the "Released Parties") from all liability with respect to the misdirection or misuse of any Points or Rewards or the use of any Rewards or by an individual other than the QUAY Rewards accountholder who earned the Rewards. You further agree through your agreement to participate in the Program to release the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney's fees) relating to your participation in the Quay Rewards Program, use of Rewards, or agreement to these Terms. The Released Parties make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to QUAY Rewards, membership in QUAY Rewards, or any products or services related to QUAY Rewards. QUAY is not responsible for any errors, omissions, or unauthorized use of a participant's account, points, or rewards. QUAY's liability for any claim arising from participation in QUAY Rewards shall be limited to the value of the points earned by the participant. As a condition of participation in QUAY Rewards you agree to defend, indemnify and hold harmless QUAY and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms. These Terms shall be governed by and construed in accordance with the laws of the jurisdiction noted in QUAY Website Terms and Conditions. Participants agree to submit to the exclusive jurisdiction of the courts noted in QUAY Website Terms of Use and Sale Terms. For any disputes arising from or relating to the QUAY Rewards, the dispute resolution provisions set forth in the general terms and conditions of QUAY Website Terms of Use and Sale Terms shall govern. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. Please note that the subject headings used in this document are for reference purposes only and are not intended to modify or change the substance of the language they refer to. The headings are simply provided to assist in organizing the content of the document and should not be relied upon as a definitive interpretation of the language they precede. The actual language of the document prevails over any headings that may be used.