Terms and Conditions

UPDATED November 13, 2022

IMPORTANT: THESE TERMS OF USE ("TERMS AND CONDITIONS") REQUIRE THE BINDING ARBITRATION OF DISPUTES AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE "AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW" PROVISION. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. These Terms and Conditions incorporate by reference the Privacy Policy, and any capitalized terms in that agreement shall have the same meaning here.

1. GENERAL

Welcome to the 509 website (including any of its subsidiaries or corporate affiliates, collectively, "509," "we" or "us"). Any person accessing or using the website and any associated webpages (collectively, the "Website") is referred to as "you".

We ask that you review and abide by these Terms and Conditions, our Privacy Policy, and any other terms and conditions that may appear on the Website from time to time. This Website and its Content (as defined below) are intended solely for personal and non-commercial use by you. Any use of this Website or its Content other than for personal and non-commercial purposes is prohibited.

2. PRIVACY

Please take a few moments to review our Privacy Policy which describes the collection and use of information on the Website.

3. INTELLECTUAL PROPERTY RIGHTS; CONTENT

Unless otherwise noted, the Website, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, trademarks, trade dress, software, specifications, advertisements, titles, names, written materials, User Generated Content (as defined below), Digital Content (as defined below) and any other materials that appear as part of or on the Website (collectively, the "Content"), are protected by copyright, trade dress, and/or trademark laws of the United States, and all worldwide rights, title and interest in and to the Website and Content are owned controlled, and/or licensed by 509. Please note that certain trademarks, product names, company names, logos, service marks or material displayed on the Website may be owned by third parties, and you understand that you are not authorized to display or use such without the prior written permission of the relevant third party.

Except as may be expressly permitted by 509 you may not use, reproduce, copy, publish, transmit, distribute, display, modify, perform, download, license, create derivative works of, reverse engineer, frame, transfer, sell or participate in any sale of, or exploit in any way, in whole or in part, any Content, the Website, or any related software; provided, however, that you may download certain Content as indicated on the Website for your personal, non-commercial use only. You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Website, but only while accessing the Website. In addition, you are hereby granted a right to download certain Content as expressly permitted by 509 on the Website, including but not limited to the Digital Content provided as part of the 509 IN5IDERS program set forth in Section 13 below; provided, however, that where 509 expressly permits you to download certain Content as indicated on the Website you may do so only for your personal, non-commercial use and subject to any additional restrictions provided by 509 either in these Terms and Conditions, on the Website or elsewhere as may be indicated by 509. No right, title or interest in or to any downloaded Content or software is transferred to you as a result of any such permissible downloading or copying.

The Content may contain omissions, errors, or may be out of date. The Content is provided for informational purposes only and 509 is under no obligation to keep the Content updated. 509 may, in its sole discretion, change, delete, update, modify or otherwise alter the Content at any time without providing notice to you.

4. USER GENERATED CONTENT

As used in this Section, (i) "User Generated Content" means messages (including e-mail), data, information, text, music, sounds, photos, graphics, images, designs, icons, video or audio clips, files and comments, including but not limited to feedback, suggestions, reviews, questions or other material or content regarding our existing products, marketing strategies, business and customer service; and (ii) "Interactive Areas" means reviews, forums, blogs, chat areas, bulletin boards or other interactive areas in which you or other Website users may post Comments, content, messages, materials or other items on the Website.

GENERALLY

By posting, distributing, sending or displaying User Generated Content to the Website, you:

• a.   hereby grant to 509 a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sub-licensable right to use, copy, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the User Generated Content for any purpose to the extent permissible by applicable law;
• b.   grant 509 and its subsidiaries the right (but not the obligation) to use your name in connection with such User Generated Content, subject to 509’s Privacy Policy;
• c.   represent and warrant that:

                           I.   you own and control all of the ownership rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content on or through this Website;

                            II.   such User Generated Content is true, accurate, complete, and not misleading and does not infringe or otherwise violate or breach any applicable laws or regulations; and

                            III.   the usage, publication and posting of such User Generated Content does not violate these Terms and Conditions and will not and could not violate any rights of, or cause or could cause injury to, any third person or entity; and

• d.   further grant 509 the right to pursue before any appropriate forum any person or entity that violates 509's or your rights under any applicable law in the User Generated Content.

User Generated Content submitted by you is deemed non-confidential and 509 is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, 509 reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. 509 is under no obligation to offer you any payment or compensation for User Generated Content, respond to any User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, under any applicable law, it is determined that you retain moral rights in the User Generated Content which you have posted to the Website, you hereby agree that:

• a.   you won't require that any personally identifying information be used in connection with the User Generated Content;
• b.   you won't oppose the publication, use, modification or deletion of the User Generated Content by 509; and
• c.   you waive and will not claim or assert any entitlement to any moral rights in any of the User Generated Content, to the extent permissible under applicable law.

INTERACTIVE AREAS

This Website may contain Interactive Areas. If 509 provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and you use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:

• a.   Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of the privacy or publicity rights of a third party, abusive, inflammatory, fraudulent or otherwise objectionable;
• b.   Material that promotes illegal drugs, tobacco or firearms use;
• c.   Material that constitutes hate speech or encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any applicable local, state, national or international laws or regulations;
• d.   Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party;
• e.   Material that uses the names or likenesses of persons living or dead or their property without their prior express written permission or that impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity;
• f.   Advertising or links to other commercial websites;
• g.   Names, postal addresses, telephone or telecopy numbers, email addresses, driver licenses, Social Security, national identity, passport and/or credit card numbers or other personally identifiable information of any third party;
• h.   Viruses, corrupted data or other harmful, disruptive or destructive files;
• i.   Material that is unrelated to the topic of the Interactive Areas in which such material is posted;
• j.   Material that communicates messages inconsistent with the goodwill of 509 or which otherwise violates these Terms and Conditions; or
• k.   Material that, in the sole judgment of 509 is objectionable or which may expose 509, you or other Website users to any harm, prejudice or liability.

To the extent possible under applicable law, 509 takes no responsibility and assumes no liability for any User Generated Content posted, published, displayed or uploaded by you, or for any loss or damage thereto, nor is 509 liable for any errors, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or racial or gender slurs you may encounter or any other type of content posted, published, displayed or uploaded by third parties in violation of these Terms and Conditions. As a simple provider of the Interactive Areas, to the extent permissible by applicable law, 509 is not and shall not be liable for any statements, representations or User Generated Content provided by its users on this Website. 509 has no legal or contractual obligation to screen, edit or monitor any of the User Generated Content posted, published, displayed or uploaded to or through any Interactive Area and makes no claim that it will do so. However, 509 reserves the option and right, at its sole discretion, to remove or modify any User Generated Content posted or stored on this Website without any prior notice of any type whatsoever and for any reason whatsoever.

Any use of the Website, including the Interactive Areas, in violation of these Terms and Conditions may result in termination or suspension of your permission to use the Website and/or any other website(s) owned or operated by 509.

5. UNSOLICITED IDEAS SUBMISSIONS

509 welcomes your feedback regarding our existing products, marketing strategies, business and customer service, subject to Section 4 above. Feel free to contact us with your valuable feedback.

However, our company policy does not allow us to accept or consider unsolicited ideas, suggestions, proposals, comments or materials, including for new or improved products, services or technologies, advertising campaigns, promotions, product enhancements, processes, materials, designs, marketing plans, designs, artwork or new product names (collectively, "Submissions"). Please do not submit any Submissions in any form to 509 or any of its employees. Since 509 is constantly developing new ideas, strategies and products, we hope that you will understand that this policy is intended to help 509 avoid potential misunderstandings or disputes when 509' products, lines of business or marketing strategies might seem similar or even identical to Submissions made to 509.

If, despite our policy, you still provide your submissions to 509, the following terms shall apply to your submissions, regardless of what your communication says. You agree that:

• a.   509 shall automatically solely and exclusively own the content and form of all Submissions and such shall not be returned to you;
• b.   509 may use, copy, redistribute and disclose the Submissions for any purpose in any manner, without compensation to you or any other person or party; and
• c.   509 is not and shall be under no obligation to: (i) pay any compensation for any Submissions; (ii) attribute any Submissions to you; (iii) respond to any Submissions; or (iv) keep any Submissions confidential.

6. THIRD PARTY CONTENT; LINKS TO THIRD PARTY WEBSITES

Any Content, products or services posted on, transmitted through, or linked to by third parties from the Website are the sole responsibility of the third-party originator of such Content. 509 does not control, approve, sponsor or endorse any third-party Content, products or services on or linked through the Website and we make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you agree that you do so at your own risk and 509 is not responsible or liable for any loss or damage of any sort that you may incur as a result of any third-party Content, products or services.

This Website may contain links to third-party services and resources. You acknowledge that (a) 509 is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites; and (b) 509 is not responsible for any other form of transmission received from any linked website. 509 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 509 of the website. Any concerns regarding any such link should be directed to the particular third-party website.

7. ACCESS TO AND USE OF WEBSITE; ACCEPTABLE USE POLICY

We do not guarantee that the Website, or any Content on it, will always be available or uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change any or all part of the Website without notice. We will not be liable to you if, for any reason, our Website is unavailable at any time or for any period.

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

ACCEPTABLE USE POLICY

By using the Website, you agree to comply with all content and conduct standards set forth in these Terms and Conditions. By way of example and not limitation, you agree not to:

• modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, frame, use, transfer or sell any information, products, services or Content provided through or obtained from the Website, including without limitation, engage in the practice of "screen scraping," or any other similar activity;
• hack into the Website, the server on which the Website is stored, or any server, computer or database connected to the Website, or attack the Website via a denial-of-service attack or a distributed denial-of service attack;
• modify another website so as to falsely imply that it is associated or affiliated with the Website;
• damage, disable, overburden, transmit any worms, viruses, trojans, logic bombs or other material of a destructive nature, or interfere with any other party's use and enjoyment of the Website;
• violate any applicable laws, rules or regulations in your jurisdiction;
• use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Website; or
• use the Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms and Conditions.

ACCOUNT SECURITY

For any portion of the Website that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms and Conditions. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.

9. INDEMNIFICATION

You agree to defend, indemnify and hold harmless 509, its officers, directors, employees, agents, licensors, suppliers, vendors, manufacturers and distributors (collectively, the "509 Parties") from and against any and all claims, actions, demands, charges, complaints, damages, losses, liabilities, costs and expenses (including but not limited to attorneys' fees), arising from or in connection with: (a) your misuse of the Website; (b) any Content submitted, posted, or otherwise provided by you to the Website, any of the 509 Parties, and/or its agents, third party licensors or licensees, (c) your breach of any provision of these Terms and Conditions or any representations you provide herein, and/or (d) your use of the Website. 509 reserves 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 509 in asserting any and all available defenses. This provision does not require you to indemnify any of the 509 Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Content provided hereunder.

10. DISCLAIMER; WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE AND CONTENT ON THE WEBSITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, 509 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 509 DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, 509 MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE WEBSITE, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS WEBSITE, USER GENERATED CONTENT, SUBMISSIONS, INFORMATION PROVIDED BY THIRD PARTY VENDORS, OR ANY OTHER ITEMS OR MATERIALS ON THE WEBSITE OR LINKED TO FROM THE WEBSITE.

509 ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, INFORMATION, WEBSITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE WEBSITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, OR ANY THIRD PARTY WEBSITE(S), (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE(S) BY 509 OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL 509 OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, THE "509 RELEASED PARTIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE WEBSITE; (B) THE PROVISION OF OR FAILURE TO PROVIDE CONTENT, OR SOFTWARE AVAILABLE FROM, ON OR THROUGH THE WEBSITE OR ANY THIRD-PARTY WEBSITE(S); OR (C) THE CONDUCT OF OTHER USERS OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY AGAINST THE 509 RELEASED PARTIES FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF ANY OF THE 509 RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, OR ANY CONTENT ON THE WEBSITE, THE 509 RELEASED PARTIES' TOTAL LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE. NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

12. PROMOTIONS

Any and all offers, or promotions advertised on this Website are void where prohibited and are subject to the posting of any official rules to such offers or promotions.

13. 509 IN5IDERS PROGRAM

ELIGIBILITY: 509 IN5IDERS Program is open to legal residents of the fifty (50) United States and District of Columbia, and Canada (excluding Quebec) 18 years of age or older. Employees, dealers, officers and directors of 509 are not eligible to participate. VOID WHERE PROHIBITED BY LAW.

PROGRAM REGISTRATION: In order to be eligible to earn points, you must first create a Ride509.com account by completing the free registration process on the Website and agreeing to participate in the Program. Limit one (1) account per person/email address.

HOW TO EARN POINTS: You can earn points as part of this Program by participating in various activities that are listed on the Website, including product purchases (each, a "Qualified Activity" and, collectively, "Qualified Activities"). Each time you return to the Website to complete one or more Qualified Activities, you must login in order to receive credit for those completions. The types and duration of Qualified Activities will vary from time to time. The latest information about Qualified Activities will be available on the Website, so please check back regularly.

Purchases: If you wish to earn points through purchases on the Website, you will earn one (1) point for every USD $1 spent on qualifying purchases on the Website when you are logged into your Program account on the Website. Qualifying purchases include regular and sale priced merchandise but exclude purchases of gift cards (both physical and electronic). Taxes and shipping and handling charges are also excluded when calculating qualifying purchase amounts. You will earn points on the qualifying purchase subtotal, after all discounts have been applied but before applicable taxes, shipping and handling.

When you make a purchase, your order will appear on your dashboard showing “Pending Points.” This means you have not been awarded your points yet. You will be awarded your points when your order has shipped.

When products are returned for a refund to the original payment method, points will be deducted from your account for the amount of return net of taxes, shipping and handling when the product(s) is/are received at the 509 warehouse (note: your account may have a negative balance if the dollar amount returned is greater than your current points account balance). When products are returned for store credit, points will not be deducted, and the points accrued during the original purchase will remain in your account. Points may be earned on qualifying purchases when 509 Gift Cards are redeemed.

Other Qualified Activities: The number of points you can earn by completing a non-purchase Qualified Activity will be stated on the Website. There may be limitations placed on how often and/or how many total points you can earn by completing any Qualified Activity, and any such limitations will be stated on the Website.

Social Media Qualified Activities: You can earn points through the various social media Qualified Activities listed on the Website. As with other Qualified Activities, there may be limitations placed on how often and/or how many total points you can earn by completing any Social Media Qualified Activity, and any such limitations will be stated on the Website. You should be careful that your behavior when participating in any of these Qualified Activities will not be deemed "spamming" or in violation of any of the applicable social media platforms' terms and conditions. In the event 509 determines, in its sole discretion, that you are abusing these Social Media Qualified Activities, your account may be terminated, and any points earned for these Qualified Activities will be forfeited.

You agree not to abuse the 509 IN5IDERS program and any social media platforms connected to the Program by conduct which is detrimental to the interests of 509, including without limitation, attempting to accrue points or redeem points in a manner inconsistent with these Program Terms or the intent of these Program Terms, attempting to earn points through illegitimate channels, participating in redemption fraud, or tampering with the Program or its tools.

509 reserves the right to add, modify and/or delete any Qualified Activity, the points you can earn in connection with completing any Qualified Activity and/or any limitation placed on total points you can earn in connection with any Qualified Activity. For a complete list of Qualified Activities and the corresponding number of points you can earn for each Qualified Activity, please visit the Website.

Recently purchased items will have pending points. Your points will be awarded after your order has shipped or deposited into your account following confirmation of a completed Qualified Activity. Your points deposit and new balance will appear on the “Account” section of the Website. You can go online and view your points balance at any time. Qualified Activity completions or registrations or points generated by script, macro or other automated means will be void. 509's decision with respect to the number of points accumulated are final and binding.

MEMBER LEVELS/POINT LIFE CYCLE: There are three (3) levels within the Program which are determined by the number of points that you accumulate in your account (each, a "Member Level"). By creating an account, you will be automatically enrolled in the Program at Level 1. Earn at least 200 points in order to automatically proceed to the “Level 2” Member Level. If you earn at least 600 points you will then automatically qualify for the “Level 3” Member Level.

Once you reach a specific Member Level within the Program, you may receive exclusive benefits that are only available to members at that Member Level. Once points accumulated meet or exceed the membership level point requirements, you will automatically qualify and be entered into that membership level regardless of your "redeemable points balance."

Points are divided into two life cycles: "Redeemable Points" and "Lifetime Points." Your Redeemable Points are the number of points you have available to redeem. This number decreases with each redemption and will increase with the completion of Qualified Activities. Your Redeemable Points will also decrease should you issue a return on any given purchase. Your Lifetime points are the number of points that you have earned since you became a member of the Program.

NOTE: Program participants will be sent emails about up-coming sales, promotions and the exclusive Member Appreciation Sales but only if you're opted in for 509 Marketing emails. Otherwise, you probably won't hear about these sales.

There is an email sign-up at the bottom of every page on Ride509.com.

FREE SHIPPING: As a 509 IN5IDERS member, you get free shipping subject to the following conditions. This excludes orders that contain only gift card(s). It is only valid on orders shipped to the United States on orders of $99 or greater. Offer is not valid on shipments to Alaska, Hawaii, international shipments or other shipments outside the continental United States. No promotional code is necessary; offer will automatically be reflected in your shopping bag, but you must be logged into your IN5IDERS account. Offer not valid on previously purchased merchandise. 509 reserves the right to extend, modify, or discontinue this offer at any time.

FREE 2 DAY SHIPPING: As a 509 IN5IDERS “Level 3” member, you get free 2-day shipping subject to the following conditions. This excludes orders that contain only gift card(s). It is only valid on orders shipped to the continental United States with only to one shipping address. Choosing any shipping method may result in normal shipping and handling charges. Offer is not valid on shipments to Alaska, Hawaii, international shipments or other shipments outside the continental United States. No promotional code is necessary; offer will automatically be reflected in your shopping bag but you must be logged into your IN5IDERS account. Offer not valid on previously purchased merchandise. 509 reserves the right to extend, modify, or discontinue this offer at any time.

ACCOUNT CANCELLATION/POINT EXPIRATION: Once you register for the Program, if you do not make a purchase on the Website (Ride509.com) or complete one of the following qualifying activities while logged into your Ride509.com account within twenty four (24) months of your last purchase or last qualifying activity, 509 shall expire your accrued but unused Redeemable points on or after the last day of your last activity. 509 may, at its discretion, send you periodic notifications to remind you that your Redeemable points will expire upon the 24th month of inactivity. However, it is your responsibility to monitor your Program account and point balance status.

HOW TO REDEEM POINTS: To redeem your points for a reward item, visit the Website and follow the directions provided. Each reward item has its own specific points value as set forth on the Website.

REWARDS: Please visit the Website for a current list of reward items. If you redeem your points for a reward, your transaction cannot be reversed or refunded. Reward redemptions are final. Reward items will be provided on a first-come, first-serve basis and may be subject to availability, so once a reward item has been depleted such reward item may no longer be available. Additional terms and conditions may apply to Rewards and will be set forth on the Website. Reward items will be provided "as is" with no warranty or guarantee, either express or implied by 509. All reward item details are at the sole discretion of 509. You cannot transfer, substitute or redeem rewards for cash. 509 reserves the right to substitute a reward item of comparable or greater value, at its sole discretion. You are responsible for all federal, state and local taxes as well as any other costs or expenses associated with a reward item not specified herein or on the Website as being provided. Rewards are considered taxable income and are subject to local, state and federal taxes. When the value of the reward items for which you have redeemed points reaches USD $600 or more in a calendar year, a 1099 tax form will be generated and mailed to you for tax reporting purposes. 509 recommends that you keep all account statements sent to you when you redeem points for reward items for your record keeping purposes.

Reward items will be mailed to the mailing address provided at checkout or the email address provided in your Program account, as applicable. Please note that you may be charged shipping and handling fees as noted on the Website (during checkout) for any reward items mailed to you, unless a shipping promotion applies (if any). You are responsible for updating your registration information. No reward items will be shipped to destinations outside the United States. Rewards that can be delivered electronically will be delivered in approximately 48 hours from the date the redemption is fully processed. The Rewards Released Parties (as defined below) shall not be liable for any damages, losses or delays in connection with any shipments.

IN5IDERS points may only be redeemed by the Program member to whom the points were issued. Your 509 points are not redeemable for cash and cannot be applied to previous purchases.

Gift Cards and discounts given as rewards are subject to terms and conditions specified thereon and in our Terms of Sale, including, but not limited to, any expiration dates.

Experiential rewards are subject to additional terms to be provided by 509.

GENERAL CONDITIONS: This Program is not valid with in combination any other programs offered by 509. By participating in the Program, you (and, if an eligible minor, your parent or legal guardian) agree (i) to release, discharge, indemnify and hold harmless 509, its parents, subsidiaries, affiliates, retailers, advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees and agents (collectively, "Rewards Released Parties") from any liability or damages which may arise out of participation in the Program or out of the acceptance, use, misuse or possession of any Reward or products attained, achieved or received through this Program. All applicable federal, state and local laws and regulations apply.

The Rewards Released Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected points, reward requests, reward items or other errors or problems of any kind relating to or in connection with the Program, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Program, the tabulating of points, the announcement of the Rewards or in any Program-related materials. Persons found tampering with or abusing any aspect of this Program, who are acting in a disruptive or unsportsmanlike manner or who are otherwise not in compliance with these Terms and Conditions as solely determined by 509 may be removed from the Program and all points will be void. The Rewards Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Program or use of the Website.

509 reserves the right at any time to modify, suspend or cancel the Program and your account at any time and without notice. Any changes 509 makes will be effective immediately. Your participation in the Program after such changes will be deemed acceptance of such changes, so please check back regularly for any updates. All questions or disputes regarding the Program, including without limitation those involving eligibility, participation, fraud and abuse, will be resolved by 509.

Your participation in the Program constitutes permission for 509 and its designees to use your name, biographical information, image, likeness and/or statements about the Program for advertising, trade, promotional and other purposes in any and all media now or hereafter devised, worldwide, in perpetuity, without additional compensation, notification or permission, unless prohibited by law.

PERSONAL INFORMATION: Your personal information collected in connection with this Program will be used in accordance with 509's Privacy Policy.

HOW TO CONTACT US: For information about your 509 IN5IDERS account, to update your account information or to review the most recent terms and conditions, visit ride509.com and login into your account.

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  Email us: support@ride509.com
• MAIL
  509 Attn: IN5IDERS
  2818 N Sullivan Rd, Suite 110
  Spokane Valley, WA 99216

Please have the email address you used to join 509 IN5IDERS when you contact customer service.

16. GENERAL LEGAL PROVISIONS

These Terms and Conditions are effective unless and until terminated by either you or 509. You may terminate these Terms and Conditions as they apply to you at any time by ceasing to use the Website. 509 may terminate these Terms and Conditions at any time immediately and without notice, and accordingly deny you access to the Website, for any reason in its sole discretion; however, the provisions in these Terms and Conditions that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms and Conditions. Unless otherwise specified, the Website and Content are displayed solely for the purpose of promoting 509 products and services available in the United States. This Website is controlled and operated by 509 from its offices in Washington.

If any portion of these Terms and Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms and Conditions shall remain in full force and effect. The failure of 509 to insist upon or enforce strict performance by you of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

We may provide notice to you relating to the Website and/or these Terms and Conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. A printed version of these Terms and Conditions and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action that you may desire to bring arising out of or related to these Terms and Conditions and/or the Website must commence within one (1) year after the cause of action arises. You may not use the Website or export the Content in violation of U.S. export laws and regulations. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws.

509's performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in this these Terms and Conditions is in derogation of 509's right to comply with law enforcement requests or requirements.

These Terms and Conditions (together with our Privacy Policy, which is expressly incorporated herein by reference and which can be accessed on this Website, and any other terms that may appear on the Website from time-to-time) contain the entire understanding between you and us with respect to your use and access of this Website, and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Website. No representation, statement or inducement, whether oral or written, not contained in these Terms and Conditions (and any other terms that may appear on the Website from time-to-time) or the Privacy Policy shall bind any party to this agreement. No additional or different terms or conditions will be binding upon us unless expressly agreed to in writing by an officer of 509. No other representative has any authority to waive, alter, vary or add to these Terms and Conditions. Before using this Website please read through all referenced documents carefully.

TERMS OF SALE

IMPORTANT: THESE TERMS OF SALE REQUIRE THE BINDING ARBITRATION OF DISPUTES AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE "AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW" PROVISION. PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING AN ORDER WITH US FOR A PURCHASE OF A PRODUCT OR SERVICE. These Terms of Sale incorporate by reference the Terms of Use and Privacy Policy, and any capitalized terms in those agreements shall have the same meaning here.

1. ORDERS; GENERAL

By placing an order with 509, you are (i) offering to purchase a product and/or service, (ii) representing that you are at least 18 years old, (iii) representing that all information you provide to us in connection with such order is true and accurate, and (iv) representing that you are an authorized user of the payment method provided.

When you send us your order, we may verify certain items before the order is fulfilled, including without limitation your personal information, your payment information and your creditworthiness.

We reserve the right to: (a) refuse any order you place with us; (b) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products or services offered; (c) change or update information in connection with any products or services offered; and (d) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including resellers.

If your payment method has already been charged for an order that is later modified or cancelled, 509 shall issue you a refund in the amount of the incorrect price back to your original method of payment. We apologize for any inconvenience this may cause you.

509 accepts the following methods of payment on Ride509.com: Visa, MasterCard, American Express, Discover, PayPal, Ride509.com store credit through credit, gift cards, or IN5IDERS points. Please see Gift Cards and Store Credit for further details. Please see our FAQs for further helpful information.

2. PRODUCT & PRICING INFORMATION

Select 509 products displayed on the Website may be available in select dealers in the United States while supplies last. Please see our Store Locator for information on our dealers in the United States.

All prices and products advertised are subject to change. Although the Website is composed with care, it may happen that the pricing information on the Website contains errors. We are not bound by our offer or any prices on the Website and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Website.

All prices displayed on the Website are quoted in US Dollars ($).

Shipping costs are applied per order and depend on where your order is shipped and by what method. Shipping costs and all other applicable taxes, fees or charges of any nature shall be added to the total amount of your purchase and will be displayed prior to checkout.

The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the actual colors of the product(s). Your product(s) and the packaging of your product(s) may vary from that shown on images on our Website.

3. SHIPPING, DELIVERY, RETURNS, WARRANTY, AND EXCHANGES

The 509 industry leading warranty covers every product we make in a variety of ways. As a dealer, we have setup a quick & easy process for you to handle 509 warranty claims. All warranty claims MUST be handled by 509 directly by calling 1-877-743-3509, emailing support@ride509.com or creating a Warranty Support Ticket.

Warranty Process:

1. Dealer or customer contacts 509 directly (877) 743-3509.
2. 509 diagnoses the issue over the phone or email. If the issue is covered under warranty, customer needs to email photo of the issue to support@ride509.com.
3. 509 will either require the defective item to be returned to 509, or we may issue a replacement part with no return required.

Warranty Periods

• Lifetime Warranty (for the life span of the product) includes: sunglasses and helmet visors.
  • Excludes Tactical Helmet Visors.
  • Visor replacement contingent on color availability.
• 3-Year Warranty (from the time of purchase) includes: helmets, outerwear, technical apparel, boots, gloves, goggles (excludes lenses), and luggage.
• 1-Year Warranty (from the time of purchase) includes: lenses, casual, electronics, and heated shields.

The end goal of the entire 509 warranty program is to make customers happy. While we highly prefer to handle all 509 warranty claims directly, we do understand there are special circumstances where you as a dealer, can provide direct warranty service in an effort to get your customers back on the snow immediately. These special circumstances should first be approved by 509, whenever possible, and should always follow the above listed warranty periods. If your direct warranty service is used to make a customer satisfied in a time crunch situation, we will do everything within the scope of this warranty policy to back up your warranty decision.

Return Policy

We have a very easy 30-day Return Policy! Please submit a Customer Support Ticket to get a Return Authorization so we can process your return or exchange. To expedite your exchange, please provide the following information with your ticket:

1. The item description or part number if known.
2. The item you would like to exchange for.
3. Your name, full shipping address, and phone number.
4. The date and place you purchased the product. If you did not purchase directly from our website or register your purchase in our warranty system, please send us a copy of your receipt.

As soon as we receive the above information as a customer support ticket, we will review the claim and make a determination on your request. We typically respond within 1-2 days with exceptions for weekends and holidays.

If you have any questions about the process to return or exchange your purchase, please call us at (877) 743-3509 during normal business hours.

Services

In situations where a customer's warranty period has expired, there are certain situations where replacement parts can be purchased or even circumstances where simple factory repairs are possible. To schedule any product service, call 1-877-743-3509 or email support@ride509.com or create a Support Ticket.

5. RECALL

You agree to cooperate fully with us and will provide all reasonable assistance in the event we recall any product(s), at our sole expense. Please notify us immediately if you know or suspect there is a possibility of products becoming or needing to become the subject of a recall.

6. GIFT CARDS & STORE CREDIT

RIDE509.COM GIFT CARDS:

509 physical and electronic gift cards (collectively, the "Gift Card(s)") may be redeemed towards the purchase of eligible items on the Website. Please treat your Gift Cards like cash — we are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. Gift Cards may not be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Purchases made with a Gift Card will be deducted from the redeemer's Gift Card balance and any unused balance will be available for future purchases. Purchase amounts that exceed the redeemer's Gift Card balance will require that the remaining balance due be paid with another acceptable payment method. Gift Cards are not returnable, cancelable or exchangeable after purchase for cash, except in states where required by law. Gift Cards do not expire and we do not assess any service fees for non-use.

Gift Cards have other restrictions, including but not limited to:

• Coupons and other discounts or promotions may not be applicable to purchase Gift Cards.
• Gift Cards cannot be used to purchase other Gift Cards.
• Gift Cards are FINAL SALE cannot be returned.

Gift Cards may only be applicable to purchase certain product(s) or services on the Website, or they may exclude the purchase of certain product(s) or services. Please see any applicable restrictions noted on your Gift Card or the applicable product(s) or promotion(s) for further details.

FRAUD

509 reserves the right to refuse, cancel or hold for review any orders or customer accounts using a Gift Card mistakenly issued in an incorrect denomination, to bill alternative forms of payment for suspected fraud in connection with a Gift Card, or to take any other action in connection with a violation of this Section 6.

Please note that Gift Cards and their redemption are each subject to change in the sole discretion of 509, at all times in accordance with applicable law.

7. THIRD PARTY PRODUCTS

The Website may contain products that are produced and manufactured by third party suppliers and not by 509. 509 is not responsible for any third-party products or for the actions or inactions of any third party vendors or suppliers. 509s’ inclusion of such products does not imply any endorsement of such or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with such vendor(s) or supplier(s). 509 does not assume any responsibility or liability for the products of third parties. While 509 aims to ensure that all third-party vendors suppliers are honest and truthful when making representations regarding their products and/or the causes they claim to support and how, we cannot warrant or represent that the statements they make are truthful, complete or accurate. Please carefully review the terms of use, privacy policy, and all other relevant user agreements for the third-party products.

8. DISCLAIMER; WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SALE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PRODUCTS ON THE WEBSITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SALE, 509® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL 509® OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, THE "509 RELEASED PARTIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THAT SAID, IF ANY OF THE 509 RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH THE PURCHASE OF ANY PRODUCTS ON OR THROUGH THE WEBSITE, THE 509 RELEASED PARTIES' TOTAL LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.