Membership Terms and Conditions – American Girl Rewards Program
Last Modified April 22, 2025
IMPORTANT, PLEASE READ THESE MEMBERSHIP TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE AMERICAN GIRL REWARDS PROGRAM, AS THEY APPLY TO YOUR ENROLLMENT AND PARTICIPATION IN THE AMERICAN GIRL REWARDS PROGRAM.
AS FURTHER DETAILED IN SECTION 13 OF THE MATTEL TERMS AND CONDITIONS OF WEBSITE USE, YOU ARE REQUIRED TO ARBITRATE ANY DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS ONLY, AND BY USING THE SERVICE AND ENTERING INTO THESE MEMBERSHIP TERMS, YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN ANY COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT (INCLUDING AS A CLASS REPRESENTATIVE OR MEMBER OF ANY PUTATIVE CLASS).
American Girl Rewards Program Summary
Introduction to Terms
The American Girl™ Rewards Program (the “Program”) is a free rewards program offered by American Girl Brands, LLC (together with its affiliated companies, the "Company,” “we,” “us” or “our”) to its customers located in the U.S. To be eligible to be an American Girl Rewards Member (“you” or “Member”), you must be:
• A legal resident of the United States (including the District of Columbia) or a U.S. Territory;
• At least 18 years of age (or 19 in Alabama and Nebraska and 21 in Mississippi); and
• Employees of the Company may become Members of the Program; provided, however, that certain Program-related events and rewards may be limited to non-employees in Company’s sole discretion.
Upon your completion of the enrollment process you: (i) become an American Girl Rewards Member (“you” or “Member”), and (ii) agree that you have read and accepted these Membership Terms and Conditions (“Membership Terms”). Mattel reserves the right to require proof of eligibility prior to enrollment in the Program, the redemption of Points, the fulfillment of Benefits, or at any other time at Company’s sole discretion. Failure to provide such proof may result in expiration of Points, cancellation of Point redemption and termination of Benefits, and/or removal of individuals from the Program. BY APPLYING FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE YOU MEET THE ABOVE REQUIREMENTS AND AGREE TO BE BOUND BY THE MEMBERSHIP AGREEMENT. NO PURCHASE IS NECESSARY TO BECOME A MEMBER.
The Membership Terms includes the Mattel Privacy Statement found at http://corporate.mattel.com/privacy-statement.aspx (the “Privacy Statement”) and the Mattel Terms and Conditions of Website Use, found at http://corporate.mattel.com/terms-conditions.aspx (the “Terms of Use”), as may be applicable. These Membership Terms apply to all Members (defined below) of the Program. For purposes of clarity, these Membership Terms are considered “Additional Terms” (as such term is defined in the Terms of Use and incorporate by reference all of the terms and conditions set forth in our Terms of Use, including, without limitation, the arbitration clause and class action waiver provisions set forth therein (See Section 13 for full details on arbitration and class action waiver provisions that apply to this Program). Capitalized terms herein that are undefined shall have their meaning as specifically set forth in the Terms of Use. In the event of any conflict between these Membership Terms and the Terms of Use, these Membership Terms will control.
By participating in the Program, you hereby represent and warrant that: (i) you have read, understand, and accept these Membership Terms, as they may be modified from time to time, (ii) you meet each of the eligibility requirements set forth in these Membership Terms, and (iii) you expressly consent and agree to be bound by these Membership Terms, and by other terms and conditions as set forth in the Terms of Use, including all terms and conditions concerning the collection and use of your information, the required arbitration of any disputes you have, and the waiver of your ability to bring claims in a class action format. If you wish to become a Member and participate in the Program, please read these Membership Terms and indicate your acceptance to these Membership Terms by following the instructions in the Program sign-up process. It is important that you review these Membership Terms regularly. We may impose limits on certain features, activities, promotions or services and may restrict, suspend, terminate your access to the Program, in whole or in part, at any time and for any or no reason, with or without prior notice and without liability.
Each time you access and/or use the Program, you agree to be bound by and comply with these Membership Terms and any Additional Terms (defined below). If you do not agree to these Membership Terms, please do not participate in the Program. The business realities associated with operating the Program are such that, without the limitations that are set forth in these Membership Terms -- such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes – we would not make the Program available to you. These Membership Terms may be updated from time to time and will supersede all previous versions of the Membership Terms. We encourage you to review the most current version of these Membership Terms on http://www.americangirl.com/REWARDS on a regular basis. Without limiting the foregoing, we will provide you with advanced notice of material changes to the Membership Terms (e.g., changes to the Benefits or fees related to the Program).
Additionally, Company may at any time, for any reason, and without notice or liability to you: (i) suspend or terminate operation of or access to the Program or any portion thereof; (ii) change, revise, or modify the Program or any portion thereof; (iii) interrupt the operation of the Program or any portion thereof for maintenance and support; (iv) impose limits on certain features and services, or restrict access to the Program; and/or (v) terminate the authorization, rights, and license granted herein. Upon termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the Program.
Key Program Definitions
“Qualifying Purchases” means qualifying purchases of eligible products and services from participating: (i) Program Stores, (ii) restaurants at Program Stores, (iii) telephone or mail orders to the Company, (iv) Company licensed businesses (products and services selected by these businesses from time to time), and (v) websites branded or sponsored by Company or Program Stores.
“Program Stores” means the American Girl stores located in the fifty (50) United States and Washington D.C. For a list of Program Stores, visit http://www.americangirl.com/retail.
“Membership Year” means the twelve (12)-month period following the later of: the Member’s enrollment date or the date that your tier status changes.
“Non-Qualifying Purchases” means the following exclusions from Qualifying Purchases: (i) sales and use taxes; (ii) service fees; (iii) donations to charitable organizations; (iv) commercial account purchases, including, without limitation, any purchase made with a corporate credit card, unless specifically approved in writing by Company; (v) purchases of gift cards and e-gift cards; (vi) any redemption of Points for some part or all of the purchase price; (vii) shipping and delivery charges; (viii) purchases from third-party vendors on Company- branded and Company-sponsored websites if to complete a purchase the customer is redirected to the vendor’s designated website (other than a participating Company-branded or Company- sponsored website); (ix) sales or auctions on eBay or any other websites; (x) the portion of any purchase price which is eliminated due to a coupon or other discount; (xi) purchases outside the 50 United States, Washington D.C., or a U.S. Territory; and (xii) any other items which Company, from time to time in its sole discretion, may elect or be required to exclude based on any applicable laws or regulations or for any other reason.
“Site” or “Website” means http://www.americangirl.com
Linkable Table of Contents
7. Participation and the Provision of Personal Information; Notice of Financial Incentives
8. Loss of Membership Identifier, Restrictions, and Taxes
9. American Girl Rewards Text Messages Points
11. Changes to Account, Fraud and Errors
12. Overall Program Membership Terms
15. Limitation of Liability Points
1. Membership Tiers
Generally:
There are three (3) tiers of membership in the Program: Silver, Gold, and Berry (each, a “Tier”). Reaching the Gold and Berry Tiers requires a minimum spend per Membership Year, as explained below. Once a tier is reached, you have twelve (12) months to maintain that tier status. For example, if you reach Gold Tier on August 1, you will be a Gold Tier member until July 31 of the following year. If you do not spend the minimum amount for your Tier during that year, your Tier level will change based upon actual dollars spent.
All Tiers enjoy a variety of benefits made available by Company in its sole discretion from time to time (“Benefits”). Benefits may vary by Tier and some Tiers may have more Benefits than others. The type, timing, and availability of any Benefit (including special offers, sweepstakes, events, and early access to product(s) will be determined by the Company in its sole discretion.
The Company may, in its sole discretion, alter, limit, modify, or terminate the Tier rules, regulations, benefits, or any other feature, in its sole discretion, without prior notice except as required by applicable law.
Silver Tier: Upon sign-up, Members will automatically become Silver Tier Members. Members will remain in the Silver Tier until they meet the minimum spend for Gold or Berry during their Membership Year.
Gold Tier: Members who spend at least $250 (excluding Non-Qualifying Purchases) within a Membership Year are Gold Tier Members.
Berry Tier: Members who spend at least $500 (excluding Non-Qualifying Purchases) within a Membership Year are Berry Tier Members.
2. Earning Points
Once you have earned points for a particular activity, you may not earn more points engaging in the same activity unless expressly permitted by American Girl in writing.
Program Eligible Purchases: When you present your Membership identifier (i.e., email address or your 9-digit member number) at the point of sale you earn base points on your Qualifying Purchase amount (“Base Points”) at the rate or rates established by Company.
• Silver Tier Members earn one Base Point for every $1.00 of Qualifying Purchase amount. If your Qualifying Purchase amount is not a multiple of $1.00, you earn one additional Base Point if your Qualifying Purchase amount ends in $0.01 or more. For example, a Qualifying Purchase amount of $10.01 will earn 11 Base Points, while a Qualifying Purchase amount of $10.00 will earn 10 Base Points.
• Gold Tier Members earn 1.25 Base Points for every $1.00 of Qualifying Purchase amount. If your Qualifying Purchase amount multiplied by 1.25 is not a whole number, you earn one additional Base Point if your Qualifying Purchase amount multiplied by 1.25 ends in $0.01 or more. For example, a Qualifying Purchase amount of $10.00, multiplied by 1.25, would be 12.5, and the Member would earn 13 Base Points, while a Qualifying Purchase amount of $8.00, multiplied by 1.25, would be 10, and the Member would earn 10 Base Points.
• Berry Tier Members earn 1.5 Base Points for every $1.00 of Qualifying Purchase amount. If your Qualifying Purchase amount multiplied by 1.5 is not a whole number, you earn one additional Base Point if your Qualifying Purchase amount multiplied by 1.5 ends in $0.01 or more. For example, a Qualifying Purchase amount of $11.00, multiplied by 1.5, would be 16.5, and the Member would earn 17 Base Points, while a Qualifying Purchase amount of $10.00, multiplied by 1.5, would be 15, and the Member would earn 15 Base Points.
Company reserves the right in its sole discretion to modify at any time the amounts and rates at which Base Points are earned for Qualifying Purchases.
Members may earn additional points, in addition to Base Points, on specified Qualifying Purchases pursuant to the terms and conditions of promotional offers (which terms and conditions are incorporated into, and become a part of, the Membership Terms) (“Additional Points”). The Company reserves the right in its sole discretion to determine the terms and conditions of any Additional Point offer and to modify or terminate any Additional Point offer for any reason. Base Points and Additional Points are together referred to in these Membership Terms as “Points.”
Non-Purchase Activities: Members may also earn Points on non-purchase activities pursuant to the terms and conditions governing those activities (which terms and conditions are incorporated into, and become a part of, these Membership Terms). Points earned through non-purchase activities are not subject to any Point multipliers that may apply to purchases made by a Member in a particular tier. For a list of non-purchase activities that earn Points, you may visit: https://www.americangirl.com/pages/american-girl-rewards. Activities may be added, discontinued or be made available again, at any time, and from time to time in Company’s sole and absolute discretion.
Member-Required Disclosures For Sharing American Girl Content On Social Media. In connection with certain non-purchase activities, from time to time, Members will receive access to America Girl content that is made available by Company through the Program (“Official Content”), and, depending on your selected settings, will include a request for permission to post that Official Content on a Member’s behalf at various third party social sharing sites, such as facebook.com, x.com, or other sites or services we make available from time to time during the Program (the “Approved Sites”), which Approved Site accounts are registered by Member with the Program (“Site Accounts”) or will provide Member with the option to disapprove Official Content if they have selected the “auto post” content option. Each Member who submits or shares Official Content on an Approved Site in connection with this Program is required by these Membership Terms and by law to disclose anything of value that is received by the Member from Company as encouragement for the Member’s sharing of such content.
You acknowledge and agree that if any such disclosures are included by Company within any messaging that you share from the Program, you will not edit, alter or otherwise remove these disclosures from the message. You acknowledge that any failure to abide by the requirements set forth in the previous sentence may result in the termination of your Member account and forfeiture of all your Points. Additionally, if you choose to share Official Content or otherwise disclose your participation in the Program on your own or if the share functionality does not auto-generate the required disclosures, you agree to include the following statements as part of any message that mentions or otherwise references the Program, the User-Generated Content (as defined in the Terms of Use), the Official Content, or Company: (i) solely, for posts® on the X® platform, you agree to include the hashtags “#AmericanGirlRewards” and “#sponsored”; and (ii) in any other message posted on any other social media platform, site or blog, you agree to include the following statement directly below the message: “In exchange for sharing content about American Girl, I may earn Points as part of American Girl Rewards.” Members agree and represent and warrant to the following statements:
a. I will not post any information or content or conduct any activity that may violate, or which encourages the violation of, applicable local, state or federal laws or regulations and will promptly remove any such content upon request by Company.
b. I will not post any information or content that may infringe any intellectual property or other right of any third party and will promptly remove any such third-party content upon request by Company.
c. I have read and will fully comply with the Federal Trade Commission’s (“FTC’s”) Endorsement and Testimonial Guides (“Guides”) (http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf) when talking or writing about Company. Further, and without limitation, I:
i. Will clearly and conspicuously disclose my true identity and that I have received compensation and product and/or other incentive items from Company (as applicable) proximate to any mention by me of American Girl;
ii. Will not make any false, misleading or deceptive statement about Company’s products or services;
iii. Ensure that all my statements accurately reflect only my honest, current opinions and beliefs based on my personal experience;
iv. Will not purport to speak on behalf of Company; and
v. Maintain my social media activities related to this Program in a manner appropriate for a family audience and will not be rude or abusive.
I have watched the FTC’s video guidance for bloggers on how to comply with the Guides: http://business.ftc.gov/multimedia/videos/endorsement-guides and will follow the guidance at https://www.ftc.gov/business-guidance/resources/ftcs-endorsement-guides-what-people-are-asking.
I will strictly comply with all applicable Approved Site terms of service, membership agreements, privacy policies, and other similar applicable governing documents of any third-party sites, services or venues that I use in performing Program activities, including, without limitation, X’s Terms of Service and Facebook’s Terms of Service.
Product Reviews. Subject to the Membership Agreement and the Participation Requirements (defined below), Members can earn Points by participating in Company’s Product Review Benefit program (the “Product Review Benefit”).
The Product Review Benefit allows Members to earn 40 Points each time a Member reviews one of Company’s products (a “Review”) and that Review is approved by Company (solely for the purposes of ensuring compliance with the Membership Terms and specifically the Content Restrictions). Members can complete as many Reviews of Company products as they would like but will receive Points for up to 3 Reviews per calendar year (for a maximum of 120 Points).
Members can Review products on www.AmericanGirl.com by clicking the “write a review” button. Members must be logged into their user ID to receive Points for the product Review. Following Company approval, Reviews will appear on the reviewed product’s page. To earn Points, Reviews must comply with following content restrictions (“Content Restrictions”), as determined by Company in its sole discretion:
· Reviews must be in English;
· Reviews must be honest and accurate;
· Reviews may only be of products or services sold on the Website and you must be a bona-fide user of the product or service that you reference in your Review;
· Don’t post fake Reviews, don’t post the same Review multiple times, and don't post Reviews for the same product or service from multiple accounts;
· Reviews should reflect your first-hand experience, not what you heard from someone else, or what you saw in the news. Tell your own opinion without resorting to broad generalizations and conclusory allegations;
· Make sure your Review is factually correct. Feel free to express your opinions, but don’t exaggerate or misrepresent your experience;
· Reviews must not be offensive, defamatory, degrading, obscene, profane or slanderous;
· Reviews must not be false, deceptive or misleading;
· Reviews must not violate any federal, state or local law or regulation;
· Reviews must not violate the Terms of Use or Privacy Statement;
· Reviews must not violate any third-party proprietary or intellectual property rights, including, without limitation, copyrights, trademarks, rights of publicity and privacy; and/or
· Reviews must comply with the Membership Terms.
For the avoidance of doubt, both positive and negative Reviews will receive Points, provided such Reviews comply with the Membership Terms and specifically the Content Restrictions.
Except where prohibited by law, Members hereby grant Company a non-exclusive, perpetual, royalty- free right and license and right to use, throughout the world, any and all Reviews and Member names associated therewith in any and all manners and media now or hereafter knowing, including, without limitation, in any advertising, marketing, promotional, press and public relations materials developed by Company or its designee.
If you receive Points for leaving a Review or if you receive an American Girl product or service from Company for free (as a gift from us or otherwise) (a “Gift”), in order to comply with your obligations set forth in the Guides, your Review must contain a disclosure of the fact that you received Points for leaving a Review or you received the Gift free of charge from Company (the “Disclosure”). Such Disclosure must be prominent, clear and conspicuous and communicated in a way that a reader of your Review is likely to notice and understand. It’s not too complicated – it should just be straightforward and upfront. Here are a couple of examples of how this Disclosure can be made very easily and simply:
• “I received Points in the American Girl Rewards Program from American Girl in exchange for posting my review.”
• “I accepted a free [insert description of item(s) received] from American Girl in connection with my review.”
• “Thanks American Girl for the free [insert description of item(s) received] and I think...”
Any American Girl team member or employee who writes a Review must disclose that they are affiliated with or compensated by Company.
We may restrict your ability to submit or post a Review when we detect unusual reviewing behavior, or to maintain the best possible shopping experience; and
If your Review is removed or rejected because it does not comply with these Membership Terms, you may not resubmit a Review on the same product or service, even if the resubmitted Review includes different content.
If a Member posts a Review of a product that they received from Company, Member represents and warrants that they have read and will fully comply with the Guides when submitted or posting the Review on the Website or elsewhere. Further, and without limitation, in such instance Member will: (i) clearly and conspicuously disclose their true identity and that they have received free product and/or other incentive items from Company (as applicable) proximate to any mention by Member of Company; (ii) will not make any false, misleading or deceptive statement about Company’s products or services; and (iii) will ensure that all statements accurately reflect only Member’s honest, current opinions and beliefs based on Member’s personal experience.
POINTS CANNOT BE EARNED PRIOR TO YOUR PROGRAM ENROLLMENT DATE. Points may be issued instantly in your Points account; however, it may take approximately five (5) days or more from the date of the Qualifying Purchases or Non-Purchase Activities to issue such points. You may review your Point balance in your Points account on the Website (or such other site as designated by Company from time to time). You do not acquire property rights in any Points in, or earned but not yet issued into, your Points account. Points that accrue in a member account have no cash value, are not transferable, may not be combined with cash or any third parties’ Points, and are subject to the restrictions set forth in these Membership Terms. Points are only redeemable for Benefits as featured on the Website and in accordance with these Membership Terms. We reserve the right to limit the number of earnings activities you may participate in or Points you may earn in any given time period.
3. Membership Benefits
Point Redemption
Except as otherwise determined by Company in its sole discretion, Members will receive a $1 reward credit for every 20 Points earned (“Reward Credit”).
You may use your Reward Credit to pay all or a part of Program-eligible purchases, with a maximum of $100 worth of points (2000 Points) per purchase. You cannot use Reward Credit to pay for Non-Qualifying Purchases.
POINTS HAVE NO CASH VALUE AND MAY NOT BE REDEEMED FOR CASH, CREDIT, OR OTHER VALUE. NO CREDIT, CASH, OR OTHER VALUE WILL BE GIVEN FOR UNUSED POINTS. Any Points you earn by completing an earning activity are considered a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right solely for use towards the earning of Benefits. Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your Points, which remain Company property at all times. Points have no “real world” or cash value and are not redeemable for cash, transferable or assignable for any reason or otherwise by operation of law. Points have no purpose or use except in exchange for Benefits such as Reward Credit offered via the Program. Accordingly, you may not purchase, sell, barter, gift, or trade any Points, or offer to purchase, sell, or trade any Points or other virtual items. Points will not be valid unless earned in strict compliance with the requirements as established and intended by us, and Member shall not attempt to earn Points by any means (including, without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements. Company reserves the right to take any other or additional action it deems appropriate, in its sole discretion, in the event that Company believes, in its sole discretion, that a Member (or Members) have violated these Membership Terms. You agree to abide by Company’s final and binding decisions regarding the Program and your participation in it.
Company may establish multiple redemption values that differentiate among Members on the basis of, or that depend on, reflect, or are affected by, Member achievement of specified levels of Program- Eligible Purchases and/or similar criteria. Company may from time to time make promotional codes available for use on purchases; Company reserves the right to limit the number of promotional codes that may be used per purchase.
Further, Company may also award Point(s) to Members, or to any subset of Members from time to time. Company may attach additional or different terms to any Points awarded by Company, including, without limitation, establishing different (including shorter) expiration dates for any Points provided by Company. Company may limit the availability of any Program promotion, in whole or in part, to any Member(s) at any time.
EXCEPT FOR POINTS ISSUED WITH A SHORTER EXPIRATION PERIOD, POINTS EXPIRE ONE HUNDRED TWENTY (120) DAYS AFTER THEY ARE EARNED. POINTS ISSUED WITH A SHORTER EXPIRATION PERIOD WILL EXPIRE AT THE TIME PERIOD SPECIFIED IN THE OFFER ON WHICH THEY WERE EARNED POINTS EXPIRE WITHOUT CREDIT, PAYMENT, OR OTHER VALUE TO YOU.
Company makes no representations that all Members can or will be necessarily treated equally in the Program and you, as a condition of your participation in the Program, waive any claims you may make regarding un-equal treatment by Company of Members, for any reason not prohibited by law.
Additional Benefits:
Birthday Gift
Members will receive a Reward Credit on their birthday, which will automatically added to the member account on the day of their birthday provided the Member has added their birthday data to their account dashboard at least 72 hours before the birthday date. For example, if your birthday is March 10, you must enter your birthday in your online profile by March 7 to receive the birthday gift for that year. Silver Tier members will receive a $10 Reward Credit, Gold Tier members will receive a $15 Reward Credit, and Berry Tier members will receive a $25 Reward Credit as a birthday gift. Reward Credit received for a Member’s birthday expired 120 days after being awarded.
Member Savings Events
The Company may provide Member-only savings events. For these events, the number of Points awarded for each event is subject to each event’s special terms and conditions. Please refer to the event’s details page for more information.
Early Access
The Company may offer early access to Members for select products, sales, and event reservations. These opportunities will be sent to Members via their Member email address. Unless otherwise specified, early access cannot be shared or transferred.
Sweepstakes
From time to time, as part of the Program activities, Company may elect to conduct sweepstakes, some of which may be open for entry only to Members and other which may be open to the general public (each a “Sweepstakes”). Points may also be redeemable for entries in each Sweepstakes that may be offered from time to time as part of the Program activities. All Sweepstakes are subject to all rules, terms and conditions of the Sweepstakes, and described in the Official Rules that accompanies the Sweepstakes. Methods of entry into the various Sweepstakes will be detailed in the Official Rules. Members may enter the Sweepstakes by redeeming the specified number of Point for the specified number of entries as described in the Official Rules.
Company may provide additional Benefits to Members in its sole discretion from time to time.
4. Membership Linking
You acknowledge and agree that Company may link your membership to other identifiers (e.g., an email address, etc.) (each, an “Identifier”) and you authorize the sharing of information necessary to facilitate the linking and any provision of Points. Each Member understands and acknowledges that certain Identifiers may have multiple users (e.g., a phone number) and that an Identifier may only be linked to one Program Member at a time. All Points earned when that Identifier is present will be posted to the membership account linked to that Identifier (and all purchases made when that Identifier is present will be visible under the Account History section of the Site). If another member attempts to register an Identifier that you registered (e.g., someone who shares the same email address as you), the new Account will be rejected. If members from the same household wish to merge accounts, call 800-845-0005 for more information.
5. Returns
Any Points you earn on a Qualifying Purchase made on the American Girl e-commerce website may be deducted from your Points account if you return or cancel the Qualifying Purchase, even if: (i) you have redeemed those Points prior to the return or cancellation, (ii) some or all of the Points deducted from your account are not related to the Program Eligible Purchase for which such return or cancellation is made, and (iii) deducting the Points results in a negative Points balance. If the number of Points that could be deducted from your Points account as a result of a return or cancellation exceeds your current Points account balance, Company reserves the right to determine the Redemption Value of the Points shortfall and reduce the amount of your refund or credit for such return or cancellation by such Redemption Value.
6. Negative Points Balance
If you have a negative Points balance, you will still earn Points on Qualifying Purchases, which will be applied to your Points account until a positive Points balance is restored and thereafter.
7. Participation and the Provision of Personal Information; Notice of Financial Incentives
The Program is a financial incentive program. While there is no Program membership fee, you are required to provide certain Personal Information to participate in the Program, as stated below under Participation Requirements. Moreover, during the course of your membership, Company is entitled to use and/or disclose the Personal Information you provide during the enrollment process and gathered as part of your use of the Program (as well as link the Personal Information provided by you to other Identifiers as described above) in exchange for providing the financial incentives offered by the Program. All Personal Information associated with your membership account may be accessible only by you. The Participation Requirements for each Member are that such Member: (i) is 18 years of age or older, (ii) is a resident of the 50 United States, Washington D.C., or a U.S. Territory, and (iii) has provided their Personal Information, including their first name, last name, a valid unique email address that such Member has the right to use, birthdate, and a username and password (the “Participation Requirements”). Additionally, participants may be invited to optionally provide information such as: (a) the Member’s correct zip code, (b) the Member’s phone number; (c) the Member’s child’s birthdate, child’s name, child’s gender or the Member’s relationship to the child; and/or (d) the Member’s social media accounts. Company may request proof of identification and age to verify (A) your eligibility for Program membership, (B) membership participation, and (C) your compliance with these Membership Terms.
If as a result of a change by Company in the Participation Requirements a Member no longer meets the requirements for participation, then, from the date of such change, such Member will no longer be entitled to earn Points or receive other Member benefits (and all purchases from the date of such change by such Member will be Non-Qualifying Purchases), unless and until such Member meets the revised Participation Requirements.
Upon termination of your membership under this Section 7, you may contact us by calling us at 800-845-0005 for any questions. To request deletion of your account information from our systems, please go to the Mattel Privacy Choice Portal.
8. Loss of Membership Identifier, Restrictions, and Taxes
You are entitled to only one (1) Program account. If you have more than one Program account Company may, in its discretion, combine your accounts into one Program account. We also reserve the right to close accounts at any time in our discretion. You will immediately notify Company in the event of change in Identifier.
Company is not responsible for: (i) lost or stolen Identifiers; or (ii) any misuse resulting from lost or stolen Identifier. Your account remains the property of Company and must be surrendered upon request. Except as expressly permitted by Company, in its sole discretion, accounts and Points are not transferable and may not be sold, resold, exchanged, or bartered. Points you earn or are awarded may be subject to taxation, for which you are solely responsible. Members agree to sign an affidavit, release of liability, publicity release or similar agreement if requested by us prior to receiving select Benefits. Members are responsible for all applicable taxes, including income tax liability, associated with any Benefit acquired under the Program.
9. American Girl Rewards Text Messages Points
Company offers the ability to receive information related to your Program account (e.g., account balance, rewards certificate issuance, etc.) and the Program (including marketing information about American Girl sponsored events, coupons, promotions, rewards, products, services, product launches, sweepstakes, and contests) via text messages sent to your phone number. To learn more about how we handle your information, please see our Privacy Statement.
Before you can register to receive the text messages you must first enroll in the Program by meeting and completing the Participation Requirements described above and you must provide in your member account the phone number where you would like the text messages sent. If you have already enrolled in the Program but did not previously provide your phone number (or wish to change it) simply log-in to your Program account here and go to the Personal information tab to submit your phone number. Once you are an American Girl Rewards Member and you have provided your phone number in your Program account, you can register to receive text messages by texting AGREWARDS to 25397.
By enrolling in the Program, providing your phone number, and texting AGREWARDS TO 25397, you expressly consent to receive text message communications to your phone number from American Girl and others texting on our behalf (as further described herein including receiving non-marketing and marketing text messages from American Girl and others texting on our behalf) and you agree to the following terms and conditions applicable to the text messaging service:
These Membership Terms, the American Girl website Terms and Conditions of Website Use and Privacy Statement apply to your use of the text messaging service. You represent and warrant to American Girl as follows: (a) that you are authorized to enroll the phone number you provide to American Girl in the text messaging service, (b) that you are authorized to incur any message or data charges that may be incurred by participating in such service, and (c) you are responsible for promptly notifying American Girl if you change your phone number by updating your account information with your new number in your online account and texting AGREWARDS to 25397 from your new number. A text message will be delivered to the number you provided confirming your enrollment once you have enrolled in the Program, submitted your phone number, and texted AGREWARDS to 25397. If you are not an American Girl Rewards Member or the number you use to enroll in the text messaging service does not match the number in your member account you will receive a text message letting you know that you need to log in to your member account and update your telephone number (note, this verification process may take up to a week). You are solely responsible for managing the types of texts (whether SMS or MMS) you receive. American Girl and its independent service providers may use an automatic telephone dialing system or automatic dialing technology to deliver text messages to your phone number (which may include the use of an artificial or pre-recorded voice) and you expressly consent to the use of such automatic dialing systems, technology, and artificial and pre-recorded voice. Message and data rates may apply to each text message sent or received as provided in your service rate plan with your carrier, in addition to any applicable roaming charges. Check your carrier’s plan for details. You acknowledge and agree that you are solely responsible and liable for obtaining, maintaining, and paying all charges related to your phone number and associated device(s). American Girl imposes no separate fees for your participation in the text messaging service. You may opt-out of these communications at any time by texting STOP to 25397, or by texting STOP as a reply to any message you receive from American Girl, or by calling our support desk at 1-800-845-0005 to unenroll. Opting out of the text messages program only opts you out of receiving further text messages and does not opt you out of or otherwise close your membership in the Program. You consent that following such a request to unsubscribe, you will receive one (1) final message from American Girl confirming that you have been inactivated in our system. Please allow up to three (3) business days to process your request. Text HELP for service information. Registering to receive text messages is not required to purchase any goods or services. The total number of text messages that you receive on a monthly basis is approximately ten (10) text messages per month per registered phone number but note that the actual number you will receive will vary depending on factors such as your current points balance, purchase activity, current promotions or events, product launches, product updates, and messages sent to you in response to the text messages you send to us. American Girl is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider. American Girl reserves the right, in its sole discretion, to cancel or suspend the text messaging service, in whole or in part, for any reason, with or without notice to you.
10. Communications
As part of the Program, you agree that Company may periodically send you transactional, informational, and promotional emails. If your contact information changes, please log into your member account and update your contact information accordingly. You may opt out of marketing emails at any time by following the unsubscribe instructions in promotional email. Please note that Mattel may send operational and transactional emails to you as it relates to your membership in the Program and certain important announcements or notifications, as determined by Company, in its sole discretion, even if you opt out of marketing emails. Examples of operational and transactional emails include: the welcome/invitation email, a reward confirmation email, emails regarding your points balance on other information related to points, or other notifications or communications, as determined to be necessary by Company, in its sole discretion, that help to ensure that your member account is monitored.
When you interact with the Program or send emails to Company, you are communicating with Company electronically. You consent to receive communications from Company electronically. Company will communicate with you by email or by posting notices on the Program. You agree that all agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by Company electronically are deemed to be given and received on the date Company transmits any such electronic communication as described in these Membership Terms.
11. Changes to Account, Fraud and Errors
Company may adjust your Points account status, Points balance, tier status, or number of dollars spent at any time and without notice, due to any: (A) computer error, (B) technical issues experienced by Company, (C) machine malfunction, (D) employee, customer, or other error, (E) fraud or other misuse of Points or the Program, (F) change to the Program, or (G) other reason which Company deems appropriate. All transactions involving Points are subject to review and verification by Company. All Points are for one-time use, and all transactions involving Points are final unless otherwise determined by Company. Any violation of these Membership Terms may result in the confiscation or cancellation of your Points and the suspension or termination of your Membership.
Fraud or abuse relating to the registration process, providing of personal information, or redemption of Benefits is a violation of these Membership Terms. Users are solely responsible for any fraudulent use that may occur due to the theft of or sharing of a Member’s password. Members agree to immediately notify Company of any unauthorized use of their member account or any other breach of security known to them. The Program is a service provided to an individual Member, not a company or other entity, and a company or other entity may not direct, encourage or allow individuals to participate for anything other than individual use. Company reserves the right to terminate or suspend a Member’s participation in the Program and/or void a Member’s Points if any Member engages in fraudulent activity or otherwise uses this Program other than in accordance with these Membership Terms and applicable law.
ANY ATTEMPT BY ANY MEMBER OR ANY OTHER INDIVIDUAL OR ENTITY TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF THESE MEMBERSHIP TERMS. COMPANY RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Overall Program Membership Terms
The Program is void where prohibited by law. All references by the Company on the Website, or otherwise, to the American Girl Rewards program shall be deemed references to the Program. Use of the Website, without enrolling in the Program, does not make you a Member and does not entitle you to the benefits of membership in the Program. If any provision of these Membership Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Membership Terms and will not affect the validity and enforceability of any remaining provision. Participation in the Program is subject to these Membership Terms and all other terms and conditions, rules, policies, and procedures that Company may establish or change at any time and from time to time without notice.
Company may change or terminate the Program and these Membership Terms at any time and without notice, including, but not limited to: (i) changing the Program’s earning rates, (ii) changing the Program’s structure, (iii) removing or changing Points, including the rate at which Points are earned, (iv) changing the redemption value of Points, (v) raising or lowering Point levels, (vi) revising the procedures and rules for earning or redeeming Points, (vii) changing when Points expire, (viii) associating, combining, integrating, linking, or merging the Program with other programs, (ix) associating, combining, integrating, linking, or merging other programs with the Program, and (x) changing the list of participating: (1)Program Stores and Program Store locations and formats, (2) food concessions at Program Stores, (3) Company or Program Store-branded catalogs, (4) Company licensed businesses, and (5) Company or Program Store-branded or sponsored websites. Company may make these changes even if these changes affect your ability to use Points already accumulated. You are responsible for remaining knowledgeable about these Membership Terms. Your continued participation in the Program constitutes your acceptance of any changes to these Membership Terms.
The Program may end on any date determined by Company at Company’s sole discretion, which date shall be posted on the Website and/or sent to you via email (the “Program End Date”). Company makes no guarantee or representation as to the length of time during which the Program will be offered, and the Program could end at any time. Company reserves the right to suspend, modify, extend, or cancel the Program, at its sole discretion, at any time. In the event the Program is terminated early, any accumulated Points you have earned but not used will expire on the date the Program ends, unless otherwise expressly notified by Company or expressly stated on the Website or in these Membership Terms. Members will have thirty (30) days after the Program End Date (or the specific number of days noted in the Program ending announcement) during which to redeem any remaining Points in their member account. After such thirty (30) day period, all Points will expire and the Program will no longer be available, and no further liability will be owed by us to any Member. Any Points remaining in a member account thirty (30) days after the Program End Date will be forfeited without compensation. Each Member is responsible for ensuring the accuracy of member account information. Changes to a member account may only be made by the Member to whom the member account belongs. Company is not responsible for any incorrect or inaccurate information supplied by any Member participating in the Program. If you believe that Points were not properly credited please contact us https://www.americangirl.com/pages/contact-us. Upon termination of a member account for any reason, all Points are lost and forfeited, regardless of how they were acquired by the Member.
If to access your Points account you use a user ID and password, you are fully responsible for maintaining the confidentiality of your user ID and password and are fully responsible for all activities that occur with respect to your user ID and password, whether or not you authorize the activities. You must immediately notify Company of any unauthorized use of your user ID or password of which you become aware. You acquire no property rights in your password, Member Number, or Points account. You may not give access to your Points account to any third-party on-line service, including, but not limited to, any points management service, points tracking service, points aggregation service, or other service. We may reject the use of any password, username, or email address for any other reason in our sole discretion; (ii) you will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) you are solely responsible for all activities (including usage of Points and redemptions) that occur under your member account, password, and username – whether or not you authorized the activity; (iv) you are solely responsible for maintaining the confidentiality of your password and for restricting access to your member account; and (v) you will immediately notify us of any unauthorized use of your member account, password, or username, or any other breach of security by calling us at the following phone number: U.S. & Canada: 800-845-0005, Outside of U.S. & Canada: 608-831-5210; and (vi) you will not sell, transfer, or assign your member account. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Membership Terms, or any applicable law, then we may suspend or terminate your participation in the Program. We also reserve the more general and broad right to terminate your member account or suspend or otherwise deny you access to either of them or their benefits – all in our sole discretion, for any reason, and without advance notice or liability.
These Membership Terms will remain in full force and effect while you use the Program and/or are a Member. We may suspend or terminate your membership for any reason, at any time, including if you fail to remain in good standing in the Program. If we suspend or terminate you because you have breached these Membership Terms, you may either be terminated from the Program or otherwise be restricted by us from redeeming Points or earning more Points until such time (if ever) when we reinstate your membership (at our discretion). In the event that you are terminated as a Member, we may elect to immediately void all of your accumulated Points and, in such instance, you shall not be entitled to redeem Points for any items. Even after your participation is terminated, these Membership Terms will remain in effect. We reserve the right, at our sole discretion, to pursue all of its legal remedies, including, but not limited to, deletion of your member account, profile and submitted User-Generated Content (as defined in the Terms of Use), from the Program upon any breach by you of these Membership Terms. The interpretation and application of these Membership Terms is at the sole discretion and determination of Company, which in each case is final and conclusive. Company assumes no responsibility for errors caused by equipment or system malfunctions, acts of God or other items outside of Company’s control, or incorrect Member information and Member understands and acknowledges that certain limited time offers may not be available due to the foregoing interruptions (“Interruptions”) and therefore Member may not have an opportunity to take advantage of such offers. Company reserves the right, in its sole discretion, to either extend a limited time offer (or not) or offer an alternative offer (or not) in the event of an Interruption and Member waives any claim Member may have due to his/her inability to accept an offer or redeem her/his Points due to such Interruption. If you wish to discontinue your participation in the Program you may cancel at any time by calling us at 800-845-0005. Company endeavors to keep the Website error free, but if Points are credited to a Member due to a programming error or regular maintenance, Company reserves the right to adjust or reverse such a transaction. Company reserves the right to immediately cancel, suspend, and/or modify the Program, or any part of it, if there is any evidence of virus, worms, bugs, non-authorized human intervention, or any fraud, technical failures, or any other factor beyond Company’s reasonable control that impairs the integrity or proper functioning of the Program, as determined by Company in its sole discretion. Company reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the registration process or the operation of the Website or to be acting in violation of these Membership Terms or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Company reserves the right to seek damages (including attorneys’ fees) from any such person to the fullest extent permitted by law. Company’s failure to enforce any term of these Membership Terms shall not constitute a waiver of that provision. Points are not valid unless earned in strict compliance with the requirements set forth and intended by Company, and Member shall not attempt to earn Points by any means (including, without limitation, by using any script, bot, data mine, or other automated means) that only simulates applicable requirements. In the case of a dispute regarding the Points available to any Member, Company’s decision will be final. Upon termination of membership for any reason, all Points will be forfeited, and Company will not provide cash equivalent for Benefits or Points. Participant agrees not to misuse the Program by conduct which is detrimental to the Program, including, without limitation, attempting to redeem Points in a manner inconsistent with the Membership Terms, having multiple member accounts, redeeming or attempting to redeem Reward Items on the behalf of other Program participants, participating in purchasing or redemption fraud, or using any robot, spider, or other automatic device or manual process to transact with or monitor the Program. We are not responsible for any incorrect or inaccurate information supplied by Members while participating in the Program.
13. Disclaimer of Warranties
YOUR ACCESS TO AND USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Company and our parent companies, affiliated entities and each of their respective subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “Program Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
(a) the Program and the Website that makes the Program available;
(b) the functions, features, or any other elements on, or made accessible through, the Program or the Website;
(c) any products, services, or instructions offered or referenced at or linked through the Program or the Website;
(d) security associated with the transmission of any content you transmit to us via the Program or the Website;
(e) whether the Website or the servers that make the Website available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device);
(f) whether the information (including any instructions) on the Website is accurate, complete, correct, adequate, useful, timely, or reliable;
(g) whether any defects to or errors on the Website will be repaired or corrected;
(h) whether your access to the Website will be uninterrupted;
(i) whether the Website will be available at any particular time or location; and
(j) whether your use of the Program or Website is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A PROGRAM PARTY, THE PROGRAM PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
This section survives the termination of the Program.
14. Indemnification Points
By participating in Program, you agree to defend, indemnify, and hold harmless Company, Bubblehouse, and each of their respective parents, affiliates, suppliers, distributors, advertising/promotion agencies, and offer suppliers, and each of their respective parent companies, and each such company’s officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any and all claims, losses, costs, investigations, liabilities, judgements, fines, penalties, settlements, interest, and expenses, including attorney’s fees, that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Released Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your participation in the Program and any activities or events connected to the Program; (ii) your Review(s); (iii) your breach or alleged breach of these Membership Terms, Privacy Statement, or Terms of Use; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your participation in the Program and any activities or events connected to the Program; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Released Parties’ use of the information that you submit for participation in the Program, including your Reviews (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the Released Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, the Released Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. The Released Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the Released Parties.
15. Limitation of Liability Points
Unless otherwise required by law or our agreements with you, Company, nor any of our affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with: (a) any termination of, change in, or suspension of the Program; (b) any claim relating to products purchased using any Reward certificates obtained through the Program; (c) any loss, damage, expense, or inconvenience caused by any occurrence outside of our control; or (d) any taxes that you incur as a result of receiving or redeeming Points. Further, UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
(a) the Program and the website that makes the Program available;
(b) your activities in connection with the Program and Website;
(c) your use of or inability to use the Program, or the performance of any website associated with the Program;
(d) any action taken in connection with an investigation by us or law enforcement authorities regarding your access to or use of the Program;
(e) any action taken in connection with copyright or other intellectual property owners or other rights owners;
(f) any errors or omissions in the Program’s and Website’s technical operation; or
(g) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if we were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Program). Notwithstanding the foregoing, any liability that we or they may have to you in connection with the Program shall be limited to the amount of any Points, Benefits, or Reward Credit you have earned in accordance with these Membership Terms.
16. Arbitration
Section 13 of the Terms of Use is expressly incorporated herein by this reference.
17. Choice of Law
This Program and these Membership Terms will be governed by and construed under the substantive laws of the State of New York, without reference to conflict-of-laws considerations.
18. Contact Us
If you have any questions regarding the Program or your enrollment, these Membership Terms, Points, and/or Benefits, you may contact Company by visiting https://www.americangirl.com/pages/american-girl-rewards.
19. Update to Terms
These Membership Terms, in the form posted at the time of your use of the applicable services to which they apply, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM UNDER THE MEMBERSHIP TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE PROGRAM YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE PROGRAM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE REVISED TERMS. Therefore, you should review the posted terms of service and any applicable Additional Terms each time you use the Program (at least prior to each transaction or submission). The revised Membership Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Membership Terms (and any applicable Additional Terms) that applied when you previously used the Program will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, and the e-mail you associated with your member account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Program and related services.
20. General Provisions
A. Severability: If any provision of these Membership Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Membership Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Membership Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
B. Investigations; Cooperation with Law Enforcement; Termination; Survival: We reserve the right, without any limitation, to: (i) investigate any suspected breaches of the Website’s security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Membership Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Membership Terms; and (vi) discontinue the Program, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to us under these Membership Terms. Upon suspension or termination of your access to the Program, or upon notice from us, all rights granted to you under these Membership Terms will cease immediately, and you agree that you will immediately discontinue use of the Program. The provisions of these Membership Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Membership Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
C. Assignment: We may assign its rights and obligations under these Membership Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Membership Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Company.
D. No Waiver: Except as expressly set forth in these Membership Terms or any Additional Terms, (i) no failure or delay by you or us in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Membership Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
E. Connectivity: You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Program and you will be responsible for all charges related to them.
Visit americangirl.com/REWARDS for the most current version of the Membership Terms and Conditions.
