Membership Terms & Conditions

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AS FURTHER SET FORTH BELOW. THIS PROVISION REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

 

THE HARBOUR CLUB

MEMBERSHIP PROGRAM TERMS AND CONDITIONS

We look forward to serving you as a member (“Member”) of The Harbour Club (“Membership Program”). If you have any questions, please do not hesitate to contact our membership program personnel at customerservice@shopharbour.com. Membership in The Harbour Club (“Membership”) is implemented by Lurline Bay, LLC, a Delaware limited liability company d/b/a Harbour Outdoor (“Harbour”) and is subject to these Membership Program Terms and Conditions (“Terms”), which may change from time to time without prior notice.

Membership Eligibility

  • All persons applying to become a Member must be over 18 years of age.
  • Harbour reserves the right to refuse membership to any applicant and membership may be terminated at Harbour’s discretion and for any reason or no reason.
  • Membership is limited to persons living within the United States and only for products sold within the United States.
  • A Member may include a spouse/partner as an additional Member, provided that the spouse/partner share the same billing address. No more than two (2) Members may share the same Membership. Neither a Membership nor its benefits are transferable or assignable to, and may not be used by, any individual not listed on such Membership in accordance with these Terms and Conditions.
  • A Member may online at Harbour’s website, at any Harbour Outdoor showroom, or by calling 1(310) 439-5972.
  • Membership is subject to all rules adopted by Harbour, including Harbour’s Privacy Policy.

Membership Program Benefits

  • The Membership Program is a paid membership with the following benefits. Benefits may be added, removed, or changed from time to time in Harbour’s sole discretion. To be entitled to the benefits, a person’s Membership must be active at the time a purchase is made. A person may sign up to become a Member and pay the Membership Fee, and immediately take advantage of all benefits of a Member, including any discounts on purchases.
  • The following discounts (which cannot be combined with other offers):
    • 15% savings on all full priced retail items; and
    • 15% savings on all sale items.
  • White glove delivery starting from $399*.
  • Complimentary design service with Harbour’s design consultants, subject to certain limitations and restrictions.
  • Preview of new Harbour’s furniture and product collections, and
  • Exclusive invitations to Harbour’s events.
  • Harbour may, from time to time, make available to Members special discounts, savings and/or complimentary access (as applicable) with respect to certain goods and services.

Benefit Exclusions

  • Membership Program benefits are valid at Harbour’s US based showrooms and shopharbour.com.
  • Memberships are extended to individual consumers only and not to any company or corporate entity or enterprise.
  • Memberships are limited to retail sales directly from Harbour and does not extend to any wholesale transactions or purchase from any of Harbour’s wholesale partners.
  • No promotional code, discount or other benefit provided in this Membership Program can be used or combined with any other discount, sale, coupon, group discount or otherwise unless specifically allowed under the relevant coupon or discount, or unless separately arranged with Harbour.
  • The benefits provided above may be amended and updated from time to time at the discretion of Harbour.

 

Members Program Fee, Term and Renewals

  • Each Person taking advantage of the benefits under this Membership Program are deemed to have agreed to these Terms and to Harbour’s Privacy Policy.
  • Members must pay a fee to become a member of the Membership Program (“Membership Fee”). Membership cannot be transferred or shared or used by any persons other than the enrolled Member. Payment of the membership fee entitles the named individual to become a Member of the Membership Program for one 12-month period from the date of enrolment. The then current membership fee will be posted on Harbour’s membership portal. Harbour may change the membership fee at any time and in its sole discretion. Change to the membership fee is effective immediately for all new and renewing Members.
  • If Members authorize Harbour to charge membership fees on any credit card, debit card or other payment card, the authorized card will be charged on the same day of the month that the initial membership was purchases. Each Member is responsible for the Membership Fee and must authorize all charges.
  • If a Member has not authorized Harbour to charge the membership fee for renewal of Membership, the membership will automatically terminate 12 months after enrollment, unless manually renewed by the individual Member.
  • Each Member may opt-in to receive membership renewal reminders via email by adjusting the notification settings in each Member’s account. If a Member has opted-in to email reminders, Harbour will send the Member a renewal reminder one (1) month prior to the expiration of the then-current membership term. If Member resides in a state or province where specific renewal notifications are required, Member will receive a renewal remainder via email within the applicable timeframe required by law in the Member’s state or province. Renewal notifications will include instructions on how to cancel the Membership to avoid any future charge.
  • A Member may elect to renew or not renew their Membership at any time from the Membership Portal on Harbour’s website, or by calling or e-mailing our service department at customerservice@shopharbour.com. If a Member wishes to delete their information, the Member can also contact our service department. Deletion of information will result in an immediate termination of Membership and access to Harbour’s website.
  • ALL SALES OF THE MEMBERS PROGRAM ARE FINAL. No Member is entitled to, and Harbour is not liable for,the return of any prepayment of the Membership Fee or any portion of any Membership F

Accuracy of Information

  • Members are responsible for ensuring that all of their account information, including, without limitation, name, address, email address and phone number, is up-to-date and accurate. Periodically, Company may use information provided by the US Postal Service to update the mailing addresses for Members. Members can change their Membership information by updating their Membership profile data through an authenticated website account.
  • Harbour is not responsible or liable for any correspondence (including any physical mail or email) that is lost, delayed or misdirected.

Consent to Electronic Communications

  • By registering, joining or using the Membership Program, a Member is consenting to receive electronic communications from Harbour about the Membership Program. The communications covered by a Member’s consent may include (i) any initial disclosure statement or agreement governing the Membership, including these Terms and Conditions; (ii) any disclosure required by federal, state, provincial, territorial or local law, including any disclosure under the federal Electronic Fund Transfer Act, the federal Fair Credit Reporting Act and the financial privacy provisions of the Gramm-Leach-Bliley Act; (iii) any letter, notice or alert regarding the Membership, including, but not limited to, notices regarding expiration and renewal of the Membership, and any change to the Membership; and (iv) any other disclosures, notices or communications in connection with the application for, opening of, and maintenance of the Membership.
  • Such electronic communications may include the name and certain information about the Membership, including the expiration date of the Membership and any updates to the Membership renewal fee.
  • A Member consents to receive electronic statements or mobile alerts or other electronic A Member may withdraw consent to receive future electronic communications at any time on Harbour’s website. Any withdrawal of consent to electronic communications will be effective only after a 10-day delay, to process such withdrawal request, however, no Member may not withdraw consent for communications which Harbour is required to provide by law, such as communications regarding security or privacy issues.

Electronic Signatures

  • Each Member acknowledges that by clicking on the “Join Now”, “Sign In to Join”, “Continue” or a similar button provided in connection with these Terms and Conditions, such Member is signing a legal agreement and indicates agreement to the Terms. After clicking such button, the Terms shall constitute a binding agreement between Member and Harbour and includes the Member’s consent to electronic communications. .
  • Each Member acknowledges and agrees that consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act and such other similar laws authorizing the use of electronic signatures.

Intellectual Property

  • The Membership Program, including all websites, materials, marketing collateral and all related contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Harbour, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  • You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material used in connection with the Membership Program without the prior written permission of Harbour.

Disclaimers of Warranties

  • To the maximum extent allowed by applicable law: The Membership Program is provided on an “as is” and “as available” basis. Harbour and its affiliates, and their respective officers, directors, and agents (“Program Providers”) hereby disclaim any and all warranties whether expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  • Specifically but without limiting the foregoing, no warranty is provided (i) that the Membership Program will meet any Member’s requirements, (ii) that the Members Program will be uninterrupted, secure, timely, or error-free, or (iii) the quality of any products, services, information or other material obtained by any Member through the Membership Program will meet any of the Member’s expectations. Each Member bears all risks associated with the use of the Membership Program.

Limitation of Liability

  • To the maximum extent allowed by applicable law, no Program Providers will be liable for any indirect damages arising from this Membership Program, including but not limited to (i) any application for, participation in, use of, or termination of any membership in the Membership Program. This comprehensive limitation of liability applies to all damages, including but not limited to indirect, incidental, punitive, and/or consequential damages, as well as any losses, from the misappropriation or loss of data, goodwill, lost profits, or claims of third parties arising from the Membership Program.
  • To the maximum extent allowed by applicable law, the aggregate damages by the Program Providers for any and all damages, losses and causes of action shall not exceed the greater of (i) any Membership fees actually paid by a member to the Membership Program in the previous twelve (12) months, or (ii) two hundred US Dollars ($200). This limitation is intended by the parties to apply to any claims of damages regardless of the legal justification, including but not limited to tort, strict liability, civil liability, negligence, gross negligence, breach of contract, infringement, or otherwise, even if the possibility of such damages were known to the Program Providers.
  • To the extent applicable laws prohibit or limit the disclaimer of certain warranties or the limitation of certain liability, such disclaimer of such warranties or the limitations of such liabilities shall not apply but only to the extent specifically disallowed.

Governing Law: Arbitration

  • Subject to applicable law, these Terms and Conditions are governed by the laws of the United States (including the Federal Arbitration Act and other federal arbitration law) and the State of California U.S.A., without regard to its principles of conflicts of law, and regardless of the Member’s location.
  • ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION (JAMS) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. ARBITRATION SHALL TAKE PLACE IN LOS ANGELES COUNTY, CALIFORNIA UNDER JAMS’ STREAMLINED ARBITRATION RULES AND PROCEDURES.
  • By becoming a Member (or former Member) under the Membership Program, such person hereby waives any participation in a class action against any of the Program Providers.

Entire Agreement

  • These Terms, and the various documents referenced in these Terms, constitutes the sole and entire agreement of the parties with respect to the Membership Program and supersede all prior and contemporaneous representations, warranties, understandings and agreements, both written and oral, with respect to the Membership Program.

Interpretation

  • The headings in these Terms are for reference only and shall not affect the interpretation of these terms.
  • If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision, or otherwise invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or other provision is invalid, illegal or unenforceable, such provision shall be interpreted so as to effect the original intent of the parties as closely as possible or if such intent is prohibited then to the maximum effect allowed by applicable law.