Last updated: October 21, 2026
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE KURT’S CLUB LOYALTY PROGRAM. YOUR PARTICIPATION IN THIS PROGRAM CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS, THE KURTGEIGER.US WEBSITE TERMS AND CONDITIONS, AND THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR PRIVACY POLICY, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT ACCEPT THESE TERMS, THE TERMS AND CONDITIONS OR OUR PRIVACY POLICY, DO NOT PARTICIPATE IN THIS PROGRAM.
MANDATORY INFORMAL PRE-SUIT DISPUTE RESOLUTION AND CLASS ACTION WAIVER: PLEASE NOTE THAT THE TERMS AND CONDITIONS REQUIRE THAT DISPUTES BE RESOLVED THROUGH MANDATORY INFORMAL PRE-SUIT DISPUTE RESOLUTION IN NEW YORK, NEW YORK, PRECEDENT TO FILING ANY LAWSUIT, THAT YOU WAIVE ANY RIGHT TO A JURY TRIAL, AND THAT YOU WAIVE ANY RIGHT TO BRING CLASS ACTIONS AGAINST US. PLEASE REVIEW THE TERMS AND CONDITIONS FOR COMPLETE DETAILS REGARDING THE DISPUTE RESOLUTION PROCESS.
1. PROGRAM ELIGIBILITY AND MEMBERSHIP
The Kurt’s Club Loyalty Program (the “Program”) is a five tiered loyalty and rewards program, with a basic Tier One (the “Kurt’s Club”), a Tier Two (the “Silver Tier”), a Tier Three (the “Gold Tier”), a Tier Four (the “Platinum Tier”), and a Tier Five (the “Icon Tier”) which is offered at the sole discretion of Kurt Geiger Ltd. (“Kurt Geiger”, “we”, “our” or “us”). There is no purchase, payment or credit card required to sign up for, join and/or participate in the basic Tier One of the Program. Members in the basic Tier One have the option to advance to Tiers Two, Three, Four or Five based upon their level of spend. Members of the Program can earn rewards and benefits through the accumulation of points which are earned through qualifying purchases (as defined below), participation in program activities and engagement and/or automatically through Program participation and qualifying events that may be identified on the Program dashboard from time to time. To achieve a particular Tier status, you must achieve the following eligible spend on qualifying purchases (as defined below) in a rolling year (i.e., a rolling 12 consecutive months):
- Kurt’s Club - Tier One = immediately upon sign up; $0 spend requirement
- Silver - Tier Two = $1 - $299
- Gold - Tier Three = $300 - $599
- Platinum - Tier Four = $600 - 999
- Icon – Tier Five = $1000 or more
Your tier status will reset on a rolling 12 consecutive month basis, which 12 consecutive month basis is determined by the date you reached that particular tier, and any accrued points in your account at the time of such reset will remain valid for 2 years from the date upon which they were awarded to your account. By way of example, if you reached Platinum - Tier Four on June 1, 2027, you would remain in Platinum until at least May 31, 2028 unless you reached Icon - Tier Five prior to May 31, 2028; if you reached Platinum - Tier Four on June 1, 2027 and then reached Icon - Tier Five on July 1, 2027, your rolling 12 consecutive month qualification period would reset from commencing on June 1, 2027 to now commencing on July 1, 2027 and you would remain in Icon - Tier Five until at least June 30, 2026.
To be eligible for participation in the Program, you must be a legal resident of the fifty (50) United States or District of Columbia and at least eighteen (18) years of age or older. We do not request or collect any personally identifiable information from any individuals who we know to be under the age of thirteen (13), individuals under the age of sixteen (16) in California, or any individuals under the legal age of majority in the jurisdiction they reside (“Minimum Age”). Persons under the age of eighteen (18) are not eligible for participation in the Program. Persons who are at least eighteen (18) years old but considered under the legal age of majority in their legal state of residence (collectively, “Minors”) must obtain the consent of their parent or legal guardian prior to participation in the Program. The Program is available only to individuals for their personal use and is limited to one (1) account per individual. Employees of Kurt Geiger and its parent, subsidiaries, affiliates and divisions are eligible to participate in the Program only for personal use. The Program is void where prohibited or restricted by law.
By joining the Program and becoming a Kurt’s Club member, you agree (or in the case of a Minor participant, the parent or legal guardian of such Minor must agree on the Minor's behalf) that you have read, understood and agree to be bound by these Kurt’s Club Loyalty Program Terms and Conditions (“Terms”) and by any changes or modifications that we may make hereto as well as all other terms of use and policies incorporated by reference. Except as otherwise expressly prohibited or limited by applicable law, we reserve the right to revise, change, modify or limit these Terms at any time in our discretion. Any changes will become effective when posted on KurtGeiger.us or on such later date as may be stated in the revised Terms. We will provide notice of material changes to these Terms to the extent required by Section 6 below or applicable law. You should review these Terms and the related FAQs frequently to understand the terms and conditions of the Program as they may change from time to time. When we make revisions or modifications to the Terms, related FAQs, or any other relevant policies or terms and conditions, they will be posted on the website at KurtGeiger.us and will supersede all prior versions of these Terms and/or related FAQs. These Terms do not alter in any way the terms or conditions of any other agreement that you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website Privacy Policy and website Terms and Conditions, which are incorporated herein by reference. Your continued participation in the Program after the effective date of any revisions to its Terms and/or related FAQs constitutes your acceptance of and agreement to be bound by the modified Terms and/or related FAQs, to the extent permitted by applicable law. If you do not agree to these Terms, our website Privacy Policy and our website Terms and Conditions, you cannot participate in the Program. In the event of any conflict between these Terms and any other terms or policies incorporated herein by reference, these Terms shall govern as applicable to the Program.
2. Program Enrollment
2.1. Eligible individuals may enroll in the Program at participating Kurt Geiger stores or online by visiting KurtGeiger.us. To enroll in-store, using your mobile device, scan the QR code on the in-store leaflet and follow the instructions to enroll by creating an online account. To enroll online, visit KurtGeiger.us/customer/account/create and follow the instructions to enroll by creating an online account. It is free to sign up for an account and to enroll in the basic Tier One of the Program. There is no requirement to make any payment or purchase or to provide any credit card information to sign up for a Program account and to enroll in the basic Tier One of the Kurt’s Club Program.
2.2. To enroll in the Program, you may be required to provide any or all of the following: your first and last name, a valid email address, and a password. You are solely responsible for maintaining the accuracy of your account information and for keeping it up to date as may be required. You may update your personal information through your online account or by contacting our Customer Care team at help@kurtgeiger.us.
2.3. Only one Program account may be associated with a single email address. In the event of a dispute over the ownership of a Program account membership, the Program member will be deemed to be the authorized account holder of the email address submitted at the time of Program enrollment. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Enrolling or attempting to enroll in the Program multiple times through the use of multiple email addresses is prohibited and any such action will be cause for termination of your participation in the Program.
2.4 If you already have a Kurt Geiger online account or were a member of the former Kurt Cares loyalty program, you will automatically be enrolled into the new Kurt Club loyalty program. If you wish to opt out of this, please contact help@kurtgeiger.us. Once you have enrolled, you will be assigned a Program membership Tier based upon your eligible spend from the previous 12 consecutive months.
2.5 Once you have enrolled in the Program, you may create and save your digital loyalty membership card to your Apple or Google wallet for fast and easy access in-store. Screenshots, photographs, screen recordings and printed copies of digital loyalty cards will not be accepted. Your loyalty membership card is personal to you and cannot be shared or used by any other person. If you change devices, you can sign in to your account from your new device and then add your loyalty membership card to your new device. Members are responsible for maintaining access to the email address and mobile device associated with their account; Kurt Geiger is not responsible for any loss of points, rewards or other benefits resulting from a member’s inability to access their account or digital wallet. For security reasons, we reserve the right to request additional verification before applying points, redeeming rewards, or granting membership benefits.
2.6 Enrollment and participation in the Program are voluntary, optional and not required to complete any transaction or sale, including but not limited to, any credit or debit transaction.
3. HOW THE PROGRAM WORKS/PROGRAM REWARDS.
3.1. The Program allows you to earn points towards making Tier status and rewards/benefits associated with your Tier status based on participation in Program actions, such as but not limited to, signing up for our newsletter, adding your birth date to your online account, following us on Social Media, downloading the Kurt Geiger app, making a qualifying purchase, contributing to surveys or subscribing to SMS marketing text messages from Kurt Geiger. Program actions may be subject to change in our sole discretion and may be subject to limitations or restrictions. Some of the Program actions are detailed below. Once you earn a Tier status, you will be notified of your advancement to the next level Tier once it becomes effective, and you may be eligible for certain benefits and to redeem rewards available to members of that Tier status. Each Tier status offers different benefits and rewards (some of which are detailed below), which benefits and rewards are offered at our sole discretion and are subject to change from time to time in accordance with these Terms, including Section 6 below, and may be offered on a limited basis. Visit our FAQs and Program dashboard page at https://www.kurtgeiger.us/customer/account/login to learn more about how to earn rewards and the benefits available to each Tier status.
3.2. Purchases made at Kurt Geiger retail stores, Kurt Geiger outlet stores, Kurt Geiger airport stores, in the Kurt Geiger app, and online at KurtGeiger.us, including purchases made by redemption of a gift card, are eligible for earning points and associated rewards/benefits in the Program (a “Qualifying Purchase”). Purchases of a gift card, sales tax, state fees, shipping and handling charges and any other fees associated with your purchase, returns, and loyalty point redemptions are excluded from a Qualifying Purchase. For each Qualifying Purchase, members in Tiers One, Two and Three will earn 5 points, and members in Tiers Four and Five will earn 10 points, for every $1.00 spent (which, if applicable, will be rounded up to the nearest dollar after any discounts or rewards are applied). By way of example, if your total Qualifying Purchase comes to $25.00, members in Tiers One, Two and Three will earn 125 points and members in Tiers Four and Five will earn 250 points; if your total Qualifying Purchase comes to $24.01, it will be rounded up to $25.00 and members in Tiers One, Two and Three will earn 125 points and members in Tiers Four and Five will earn 250 points.
3.2.1. To earn Program points and any associated rewards/benefits for a Qualifying Purchase made in-store, prior to completion of the sales transaction, you will be required to show your digital loyalty membership card to the store sales associate or to provide the store sales associate with the email address that is linked to your Program account. Points cannot be earned from past purchases made prior to the Program launch or prior to your enrollment in the Program, except as otherwise set forth in this Section 3.2.1; Program rewards cannot be applied towards past purchases made prior to the Program launch or prior to your enrollment in the Program. In the event that you are unable to earn points for any of the following reasons: (i) you were unable to create a Program account in-store prior to making a Qualifying Purchase, due to internet issues, lack of time or otherwise, (ii) you did not want to create an account at the time of your Qualifying Purchase and subsequently changed your mind, (iii) you forgot to show your digital loyalty membership card or give your email address at checkout, (iv) you provided the incorrect email address at checkout, or (v) your email address was entered incorrectly at checkout, you may contact our Customer Care team at help@kurtgeiger.us to provide your email address and transaction number to have the missed points manually added to your Program account; to be eligible for receipt of the missed points, you should contact the Customer Care team within 48 hours of making your Qualifying Purchase that resulted in the missed points or else the missed points may be forfeited.
3.2.2. To earn Program points and any associated rewards/benefits for a Qualifying Purchase made online, you must be logged into your Program account at the time of purchase. Points cannot be earned retroactively for online orders that have already been completed prior to logging into your Program account; rewards/benefits cannot be redeemed retroactively for online orders that have already been completed prior to logging into your Program account.
3.2.3 Points earned for Qualifying Purchases will be pending for 30 days from the date of purchase; after this period, the points will then be awarded to your account. You can check for your available awards online at any time through your Program account. Pending points cannot be redeemed.
3.3. If you return an item from a Qualifying Purchase for a refund to your original method of payment, you will not earn points for that purchase. In the case of a multi-item purchase, which results in a partial return, you will only earn points attributable to the purchase of the non-returned items. If the item is instead exchanged, you will earn the points associated with the original Qualifying Purchase. Points earned from a Qualifying Purchase will be decreased or reversed, as applicable, if all or part of your Qualifying Purchase is canceled or if a credit refund is obtained through fraudulent or other activity that violates these Terms.
3.4 If you elect to add your birth date to your account, every year on your birthday, you will receive the following amount of points that will be automatically added to your account, based upon your current Tier level at the time of your birthday:
- Kurt’s Club - Tier One: 1,000 points
- Silver - Tier Two: 1,500 points
- Gold - Tier Three: 2,000 points
- Platinum - Tier Four: 2,500 points
- Icon - Tier Five: 5,000 points
No purchase is required to receive your birthday points. Birth date must be added to your account profile 7 business days prior to your birth date in order to receive your birthday points for that current year; If you add your date of birth fewer than 7 days before your birthday or after your birth date, you will receive your birthday points on your birthday starting in the following year. Only one birthday reward will be issued in a 365-day period.
3.5. Points can be redeemed towards purchases at Kurt Geiger retail stores, Kurt Geiger outlet stores, Kurt Geiger airport stores, in the Kurt Geiger app, and online at KurtGeiger.us. For purposes of redemption, every 100 points earned is equal to a $1.00 discount; points may only be redeemed in increments of $5.00. By way of example, you must have a minimum of 500 points before you can redeem any points; 500 points can be redeemed for a $5.00 discount off your purchase; 800 points can be redeemed for a $5.00 discount off (leaving a balance of 300 points) or you could wait to earn another 200 points (for a total of 1000 points) and redeem the 1000 points for a $10 discount. To redeem your points online, you must be logged into your account and will have the option to redeem points at checkout; choose the amount of points you want to apply to your purchase and the discount will be deducted from your purchase amount (before taxes and shipping costs, if any). To redeem your points in-store, at checkout, show your loyalty ID to the store sales associate or provide the store sales associate with the email address that is linked to your Program account.
3.6 Unredeemed points expire 2 years from their date of award to your account.
3.7. Program rewards and benefits may include shipping upgrades, such as free shipping on orders over a specific dollar amount or expedited shipping. Any such shipping benefits may vary by Tier status (see our Program dashboard page to learn more) and are subject to our Shipping & Delivery policy.
3.8. Program points, benefits and/or rewards have no cash value, cannot be sold and are non-transferable and you have no property rights in or to points, rewards or other Program benefits. Program accounts, rewards or benefits cannot be transferred to, shared or combined with any other person or Program member. Only the Program member may accumulate rewards and benefits and only the Program member may redeem rewards that have accumulated in that member's account. The sale, barter, transfer or assignment of any reward or benefit offered through the Program, other than by us, is expressly prohibited and will be cause for termination of your participation in the Program. Rewards or benefits offered by us under the Program are subject to change in accordance with these terms, including Section 6 below.
3.9. Rewards available through the Program are for personal use only and may not be sold or resold. We reserve the right to cancel or reduce the quantity of any reward available through the Program, and to change Program benefits and ways in which rewards may be earned or redeemed, in our sole discretion, subject to Section 6 below and applicable law. We reserve the right to place limitations on the number of Qualifying Purchases that are eligible for the Program and/or the number or types of rewards that you may receive or earn during any given period of time or for the duration of the Program and/or any combination thereof.
3.10. We are not responsible for rewards that may be lost or redeemed as the result of any fraudulent activity.
3.11. We reserve the right to determine the rewards in any Program member's account based upon our internal records related to such member's account. A member's rewards shall be deemed correct and accurate as reflected in our records and our good faith determination of the amount of rewards available to any member shall be final and binding.
If you have concerns regarding your Program account activity, including, by way of example and not limitation, rewards earned for a Qualifying Purchase that have not been properly applied to your account, please contact our Customer Care team at help@kurtgeiger.us.
4. Communications
4.1. By enrolling in the Program, you will be automatically subscribed to receive marketing emails from Kurt Geiger, including Program-related communications.
4.2. Promotional Email Consent: You may opt out of receiving marketing emails from Kurt Geiger at any time by clicking the “unsubscribe” link in the email to manage your preferences or as otherwise provided in the Kurt Geiger Privacy Policy. You may choose to receive only Program-related communications. Examples of these communications include emails relating to your Program account, rewards redemption or other Program service-related emails.
4.3. Promotional Text Message Consent and User Opt Out: By opting in to the receipt of text messages from Kurt Geiger, you consent to receive recurring automated promotional and personalized marketing text messages from Kurt Geiger at the mobile telephone number you provided and agree to the Kurt Geiger Messaging Terms & Conditions. Consent is not a condition of purchase. Message and data rates may apply. Notwithstanding anything to the contrary herein, if you do not wish to receive text messages, you agree to reply STOP to any mobile message from Kurt Geiger or sent on behalf of Kurt Geiger in order to opt out of the promotional text message program. You may receive an additional text message confirming your decision to opt out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword commands and agree that Kurt Geiger and its service providers will have no liability for failing to honor such requests.
4.4. Duty to Notify and Indemnify: You represent and warrant that you are the subscriber and/or the regular user of the mobile telephone number that you provided to us. If at any time you intend to stop using the mobile telephone number that you provided to us, including canceling your service plan or selling or transferring the mobile telephone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the text messages, as a result of claims brought by any individual(s) later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of these Terms and/or the Program.
YOU AGREE THAT YOU SHALL INDEMNIFY, AND HOLD US HARMLESS FROM ANY CLAIM DEMAND, DAMAGES, PENALTIES, FINES, COSTS, AMOUNTS PAID IN SETTLEMENT, LIABILITIES, OBLIGATIONS, TAXES, LIENS, LOSSES, EXPENSES, FEES AND COURT COSTS AND REASONABLE ATTORNEYS’ FEES AND EXPENSES RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED OR FROM YOUR PROVISION OF A MOBILE TELEPHONE NUMBER FOR WHICH YOU ARE NEITHER THE SUBSCRIBER OR USER, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
4.5. Prohibited Content: You acknowledge and agree to not send any prohibited content over the text message platform. Prohibited content includes: any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; pirated computer programs, viruses, worms, Trojan horses, or other harmful code; any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH” Act); and any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
5. Privacy
We respect your privacy and take reasonable steps towards protecting your privacy online and managing your information responsibly. The personal information that we collect from you in connection with the Program is subject to our Privacy Policy and will be used and disclosed by us for the purpose of administration of the Program, providing you with any rewards or benefits that you redeem under the Program, marketing in connection with the Program, other marketing communications that you have opted in to receive and as otherwise permitted by our Privacy Policy.
California and Colorado residents: Under California law, the Program may be considered a “financial incentive”. Under Colorado law, the Program may be considered a “Bona Fide Loyalty Program”. To view our Notice of Financial Incentives & Non-Discrimination/Bona Fide Loyalty Program, see our Privacy Policy.
6. Program Termination, Cancellation or Modification
6.1. The Program and its benefits are offered at Kurt Geiger’s sole discretion. We may terminate, cancel, modify or restrict these Terms and/or the Program or any aspect of it at any time, in our sole discretion. If a change may materially adversely affect your ability to earn or redeem rewards or benefits already accumulated or earned, we will provide reasonable advance notice of the change, except where immediate action is reasonably necessary due to fraud, abuse, legal or regulatory requirements, technical issues, or other circumstances beyond our reasonable control. Subject to the foregoing and applicable law, any such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem such rewards or benefits.
6.2. If you decide that you no longer want to participate in the Program, you may cancel your membership at any time by contacting our Customer Care team at help@kurtgeiger.us. Any accrued points and/or unused rewards will be forfeited and expire immediately upon your membership cancellation, you will no longer be eligible for member-exclusive offers and benefits, and you will no longer receive communications relating to the Program.
6.3. We reserve the right, in our sole discretion, to terminate any member from the Program for a member's failure to comply with these Terms, the Terms and Conditions of the Kurt Geiger website, any suspected abuse of the Program, illegal activity, fraud or other conduct that we may deem or reasonably determine to be inconsistent with these Terms and/or the intended operation of the Program.
6.4. If your membership in the Program is canceled by you or terminated by us, all Program benefits and unused rewards will be forfeited and you will lose all accrued points and unused rewards and benefits in your Program account immediately at the time of such cancellation or termination.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to participate in the Program. To the fullest extent permitted by applicable law, your participation in the Program, and our obligations and liabilities in respect thereto, is expressly limited as follows:
7.1. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, YOU HEREBY UNDERSTAND AND AGREE THAT THE PROGRAM AND ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, NEITHER KURT GEIGER NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7.2. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER KURT GEIGER NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY: (A) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE CONTENT OF THESE TERMS, THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM; (B) PERSONAL INJURY, PROPERTY DAMAGE OR LOSS, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM; (C) INTERRUPTION OF BUSINESS; (D) DELAYS OR INTERRUPTION IN ACCESS TO THE PROGRAM; (E) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THIS SITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (F) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE OR THIRD PARTY SITE(S), (G) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE KURT GEIGER SITE OR ANY THIRD PARTY SITE(S) ASSOCIATED WITH THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH; (H) DATA NON-DELIVERY, LOSS, THEFT, MISDIRECTION, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (I) EVENTS BEYOND OUR REASONABLE CONTROL.
7.3. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER KURT GEIGER NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, OR PERSONS OR ENTITIES WHICH THE SAME ARE IN PRIVITY WITH AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM AND/OR YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY PROGRAM REWARD OR BENEFIT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
7.4. YOU AGREE THAT NO CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATED TO, THESE TERMS, YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. TO THE EXTENT PERMITTED BY LAW, IF YOU HAVE A DISPUTE WITH US REGARDING THE PROGRAM OR ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE REMEDY SHALL BE TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM AND WE SHALL HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU, EXCEPT AS SET FORTH IN SECTION 7.3 ABOVE.
8. INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESSKURT GEIGER, ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, VENDORS, MANUFACTURERS AND DISTRIBUTORS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, DEMANDS, CHARGES, COMPLAINTS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES), ARISING FROM OR IN CONNECTION WITH (i) YOUR PARTICIPATION IN THE PROGRAM, (ii) YOUR REDEMPTION OR USE OF ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM, AND/OR (iii) YOUR BREACH OF ANY OF THESE TERMS. WE RESERVE THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY CLAIM SUBJECT TO THIS INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH US IN ASSERTING ANY AND ALL AVAILABLE DEFENSES.
9. GOVERNING LAW
The Program and any dispute arising out of or in connection with the Program including these Terms shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any conflict of law provisions.
10. NOTICE TO NEW JERSEY RESIDENTS
If you are a consumer residing in New Jersey, the following provisions of this Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section 7.3 above, the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind and the limitation of liability for lost profits, damage, loss or injury (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code or New Jersey Consumer Fraud Act; (b) in Section 7.3 above, application of the limitations of liability to the recovery of damages that arise under contract, tort or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (c) in Section 8 above, the requirement that you indemnify Kurt Geiger (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (d) in Section 9 above, the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
11. CUSTOMER SERVICE
For information about the Program or your membership, contact our Customer Care team at help@kurtgeiger.us. Please also visit our FAQs for answers to frequently asked questions about the Program.