TERMS AND CONDITIONS
Last Updated August 18, 2022
We are updating our terms and conditions for our Hot Topic Rewards or HT Rewards Loyalty Program. These new terms and conditions will go into effect August 24, 2022.
IMPORTANT NOTE: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, ELIMINATE YOUR RIGHT TO A TRIAL BY JURY, REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS IN BINDING ARBITRATION AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION. SEE BELOW FOR MORE DETAILS.
The following Terms and Conditions (“Terms and Conditions”) govern the Hot Topic Rewards OR HT Rewards Loyalty Program (“Hot Topic Rewards or HT Rewards” or the “Program”) and your participation in the Program.
a. Hot Topic Rewards or HT Rewards Program is sponsored by Hot Topic, Inc. ("Hot Topic", "we", "us" or "our"). In these Terms and Conditions, “you”, “your”, or “member” mean the Program member. “Bank” means Comenity Bank or its assignees. Membership in the Program is open to legal residents of the United States and its territories (including Puerto Rico) and Canada (except in the province of Quebec) who are 13 years of age or older at the time of enrollment. If any part of these Terms and Conditions is found to be void or unenforceable under applicable law, all other parts of the Terms and Conditions will still apply.
c. Points and Rewards (as defined below) you accumulate in the Program are not your personal property and they have no monetary value. You may not obtain any money in exchange for Points or Rewards, except as required by applicable law. Your membership in the Program and any Points, Rewards, or other benefits you accumulate in the Program are non-transferable (including to other Program members). In any area where the Program or these Terms and Conditions are void due to law, Hot Topic may elect at its discretion to no longer offer the Program. Program membership and its benefits are offered at the discretion of Hot Topic. We reserve the right, without limitation, to terminate the Program, or change, limit, modify, or cancel any Program rules, regulations, benefits, or conditions of participation at any time. If we decide to terminate or discontinue the Program, any Points and Rewards remaining in your Program account that have not been used or redeemed by the effective date of termination will be forfeited, except as required by applicable law.
II. Enrollment and Membership
a. The Program is free to join. You can enroll in the Program (i) at one of our Hot Topic physical stores by providing your name, phone number, email address, birth date, and zip code on designated membership forms, or (ii) by signing up online www.hottopic.com/joinnow. Once enrolled, you will become a "member" and be eligible to start earning Program points (“Points”) based upon your qualifying purchases with Hot Topic. Your Points will accrue towards earning Rewards (“Rewards”).
b. To participate in the Program (regardless of whether you enroll in the Program in store or online), you will need to create an online account ("Online Account") at www.hottopic.com/joinnow by providing the requested profile information. Through your Online Account, you will be able to access information about your membership, including information on Points and Rewards you have earned. You are responsible for creating a sufficiently complex password to protect your Online Account and for ensuring that you do not share your password with others. To receive all benefits associated with the Program, including receipt of and access to Rewards, you must fill out the profile information form completely and as specified. Each member is responsible for maintaining accurate and updated personal information in his or her Online Account. You may update your personal information online through your Online Account or by calling 1.800.892.8674.
c. Limit one (1) Program membership and Online Account per person and per email address. In the event of a dispute over ownership of an Online Account, the account will belong to the authorized account holder of the email address submitted at the time of registration. For purposes of these Terms and Conditions, the "authorized account holder" for the email address is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
d. Once you enroll in the Program, you will be provided with a Loyalty Member identification number. To earn Program Points on your account, whenever you make a purchase, you need to self-identify as a Program member, and provide your name, email address, or phone number (registered with your Program account) (each a "Membership Identifier") in store at the register. For online purchases, you must log into your Program account online prior to making the online purchase. In addition, if you provide a Membership Identifier in store at the register, you can receive updates about your Program account, such as your current Point balance and whether you have qualified for any Rewards.
e. Hot Topic is not responsible for any incorrect or inaccurate information supplied by members while participating in the Program.
III. Hot Topic Guest List Credit Card
a. If you are a member of the Program and are a resident of the United States and its territories, and over 18 years old, you are also eligible to apply for a Hot Topic Guest List Credit Card (“Hot Topic Card”). Note that residents of Canada or any other countries are not eligible to apply for a Hot Topic Card (If you are eligible, you must first enroll in the Program before you can apply for the Hot Topic Card)..
b. To be a Hot Topic Card holder ("Cardholder"), you must apply online as https://www.hottopic.com/customer-service/payments/guest-list-credit-card/ or at any Hot Topic physical store. Applications for Hot Topic Cards are subject to credit approval. Authorized users of the Hot Topic Card other than the primary account holder will need to enroll separately to have their own membership in the Program if they wish to earn for themselves Points, Rewards, and other Program benefits. Cardholders can only earn Points using their Hot Topic Card if they are in Good Standing. “Good Standing” means (i) the Cardholder’s Account is open to new charges and not over the credit limit; (ii) the Cardholder’s Account is not more than sixty (60) days past due or otherwise in default; (iii) the Cardholder’s Hot Topic Card is not flagged as lost, stolen, or fraudulent according to the bank’s records; (iv) the Cardholder’s Account is not in a hardship or workout program; and (v) the Cardholder is not subject to a credit counseling arrangement relating to his or her Online Account. An online account is required to receive full Program benefits. For Program-related questions or information visit us online at www.hottopic.com/guestlist or by calling 1.800.892.8674. Hot Topic Card accounts are issued by Comenity Bank. The Hot Topic Guest List Credit Card Account Agreement is governed by Delaware and applicable United States federal law. These Terms and Conditions are separate and independent from your Hot Topic Credit Card Account Agreement (your “Credit Card Account Agreement”), which governs the use of your Credit Card. In the event of any conflict between these Terms and Conditions and your Credit Card Account Agreement, these Terms and Conditions will control in any matter relating to the Program.
a. When you enroll in the Program, you are also consenting to receive transactional emails and promotional email offers and updates from the Program and from Hot Topic and its affiliates. You may not unsubscribe from transactional emails of the Program. However, you may unsubscribe from promotional emails by clicking the unsubscribe link in the footer of the promotional email or by sending an email to email@example.com with “Do Not Email” in the subject line.
V. Earning Points and Expiration of Points
a. Points are earned through Qualifying Purchases. “Qualifying Purchases” include regular and sale priced merchandise in Hot Topic physical stores in participating countries (including outlet stores) and through the Hot Topic online store. Purchases using gift cards as a tender for payment will qualify to earn points. Purchases made with merchandise credits will qualify to earn points. However, the following amounts and purchases will not count towards or qualify as a Qualifying Purchases: (i) the amount of purchase covered by the redemption of a Reward or other Program coupon; (ii) online purchases of gift boxes and gift wrapping services; and (iii) the amount paid for sales tax, state fees, shipping charges, delivery charges, or other excluded charges specified by Hot Topic from time to time.
b. To receive Points on a Qualifying Purchase in store, you must self-identify as a member when making a Qualifying Purchase by providing your Membership Identifier at the register. For online purchases, you must log in to your Online Account prior to making a Qualifying Purchase in order to earn Points.
c. If you follow the steps taken in subsection V(b) above, you will receive one (1) Point into your Program account for every $1 spent (in either U.S. or Canadian currency) on any Qualifying Purchase. Platinum members will earn 1.2 points for every $1 spent on any Qualifying Purchase. Diamond members will earn 1.5 Points for every $1 spent on any Qualifying Purchase. Points earned will be rounded up to the nearest whole number. Points will be awarded based upon the currency used (either U.S. or Canadian dollars) for the Qualifying Purchase. For example, if you make a Qualifying Purchase from a Hot Topic physical store located in the United States using U.S. dollars, you will receive 1 Point (or 1.2 Points if you are a Platinum member, or 1.5 Points if you are a Diamond member, as the case may be). If you make a Qualifying Purchase from a Hot Topic physical store located in Canada using Canadian dollars, you will receive 1 Point (or 1.2 Points if you are a Platinum member, or 1.5 Points if you are a Diamond member, as the case may be).
d. If you return merchandise from a Qualifying Purchase, the Points you earned from the purchase of the returned merchandise will be deducted from your Points balance. Negative Point balances never expire, but a member can move into a positive Point balance by making Qualifying Purchases or engaging in any other announced activities which can be used to earn Points.
e. Your Points for a Qualifying Purchase should be added to your Online Account within approximately five (5) calendar days.
f. If you make a Qualifying Purchase and did not provide your Membership Identifier (during an in-store transaction) or log into your Online Account (for online purchases), you may request Point credit for the Qualifying Purchase within thirty (30) calendar days of the purchase by calling 1.800.892.8674. You must have your receipt from the Qualifying Purchase to request any such Point credit, and must provide the transaction number located at the bottom of the purchase receipt. Once Hot Topic confirms that the purchase was a Qualifying Purchase for which a return did not occur, the appropriate Points will be added to your Program account.
g. Members are responsible for ensuring the accuracy of their Online Account and Points balance. Therefore, you are encouraged to log into your Online Account after each purchase to check your Points balance, as Hot Topic will not make adjustments to a Member's account after thirty (30) calendar days from a Qualifying Purchase (for physical store purchases, counted from the date on the receipt; and for online purchases, counted from the date the order is shipped and your payment card is charged).
h. Hot Topic may, from time to time and in Hot Topic's sole discretion, offer other ways for members to earn Points. Read each offer carefully, as there may be important conditions or limitations, such as blackout periods, limits, or exclusions. You may need to register to qualify for the offer. We may change or withdraw an offer at any time without notice.
i. Hot Topic reserves the right, without limitation, to terminate, change, limit, modify, or cancel any of the above means of earning Points and/or the number of Points earned for any activity, at any time, with or without notice.
j. Members may not combine, transfer, or share Points or Rewards with other members' accounts. Members may not transfer, sell, or perform any other action in any manner in violation of attempted subversion of these Terms and Conditions. Any attempt to combine or transfer Points or Rewards will result in disqualification from the Program and forfeiture of all Points and Rewards reflected in the member’s Online Account. Hot Topic reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that Hot Topic believes (in its sole discretion) that a member (or members) have violated this provision.
k. Hot Topic's decisions regarding the awarding of Points are final and binding. Points that are subsequently determined to be invalid for any reason are subject to disqualification and will be removed from the Point balance shown on your Online Account.
l. If no purchases (including purchases using Rewards) are made on your Program account for thirteen (13) consecutive months, all your Points will automatically expire. If a purchase is made on your Program account at least once within every thirteen (13) consecutive months, your Points will not expire.
a. The Program offers three (3) levels of members: "Silver" status for members who have spent $0 to $99.99 in a calendar year; “Gold” status for members who have spent $100-$299.99 in a calendar year and "Platinum" status for those members who have spent at least $300 in a calendar year. Members will remain in Gold status for current calendar year, starting from the date they first qualify for Gold status. To re-qualify for Gold status after their first year of Gold membership, members must spend at least $100 in each successive year. Platinum will remain in Platinum status for current calendar year, starting from the date they first qualify for Platinum status. To re-qualify for Platinum status after their first year of Platinum membership, members must spend at least $300 in each successive year.
VII. Rewards, Coupons and Other Benefits
a. Hot Topic will issue a $5 reward (each, a "Reward") to a member every time the member earns an additional 100 Points ("Reward Level"). The Reward will be issued in local currency, and can only be used to make a purchase in that currency. You will be notified by email, at the email address registered with your Online Account, each time you earn a Reward. If you need to update your email address, please visit your Online Account. We suggest adding HotTopic.com to the approved senders list in any spam filter you are using, as we have no responsibility for ensuring that you receive emails we send to you. Upon earning a Reward, Hot Topic will deduct 100 Points from your Program account. The Reward will appear in your Online Account, and there will be a code assigned to each Reward that you can use to redeem the Reward. While the 100 Points used to earn each Reward will be deducted from your Program account for purposes of earning the Reward, those Points will continue to be counted towards your Points to determine whether you have reached Platinum or Diamond status of membership. Rewards have no monetary value, and you may not exchange Rewards for money.
b. For transactions at a Hot Topic physical store, you can use as many Rewards as you wish as long as Rewards have not yet expired. However, when shopping at the Hot Topic online store, you may only use a maximum of ten (10) Rewards for each single transaction.
c. As a member, you may receive special offers each year for your birthday and your anniversary of becoming a member of the Program (the special offer may be, for example, as a coupon that can be used towards the purchase of Hot Topic products at a Hot Topic physical store or at the Hot Topic online store). These birthday and anniversary coupons have no monetary value, and you may not exchange coupons for money. Hot Topic shall determine in its sole discretion the special birthday or anniversary offer, or whether one is offered at all. Coupons may be subject to certain restrictions concerning their use or your ability to combine them with other promotional offers or benefits; please read the coupons carefully for such restrictions.
d. Rewards, Points, or other benefits (such as birthday or anniversary offers) may be issued through “Reward Certificates.” Rewards can be used in Hot Topic physical stores or at the Hot Topic online store (www.HotTopic.com.) Rewards may also be used at Hot Topic outlet stores. To redeem your Reward at a Hot Topic physical store, you must provide your Membership Identifier at the time of purchase. To redeem your Reward, at the Hot Topic online store, you will need to log in to your Online Account before completing your checkout process.
e. Rewards cannot be used for gift cards, prior purchases, shipping and handling fees, taxes, or donations.
f. For purchases in which Rewards are redeemed, the amount of the purchase not covered by the Reward will be applied to the applicable member’s account as Points.
g. NO PARTIAL REDEMPTION. Rewards must be redeemed in their full value. Rewards cannot be redeemed partially. If the price of merchandise you wish to purchase is more than the value of a Reward, you will need to pay for the remaining cost of the product. IF THE PRICE OF MERCHANDISE YOU WISH TO PURCHASE IS LESS THAN THE VALUE OF THE REWARD OR COUPON, THE REMAINING VALUE OF THE REWARD OR COUPON WILL BE FORFEITED AND CANNOT BE USED TOWARDS A FUTURE PURCHASE.
h. NO REISSUE OF REWARDS OR POINTS UPON RETURNS. IF YOU USE REWARDS TO PURCHASE MERCHANDISE, AND LATER RETURN THAT MERCHANDISE, WE WILL NOT RETURN OR REISSUE TO YOU ANY REWARDS USED FOR THAT PURCHASE. THIS IS BECAUSE REWARDS AND POINTS HAVE NO CASH VALUE AND CAN BE USED ONLY ONCE. IF THE TRANSACTION REQUIRED YOU TO PAY ANYTHING BEYOND THE REWARD AMOUNT, WE WILL REFUND THE AMOUNT YOU ACTUALLY PAID TOWARD THE TRANSCATION BUT YOU WILL NOT GET YOUR REWARD BACK.
i. EXPIRATION OF REWARDS AND PROGRAM COUPONS. REWARDS EXPIRE FORTY-FIVE (45) DAYS FROM THEIR DATE OF ISSUE, SO REMEMBER TO USE THEM PROPMTLY. UNLESS OTHERWISE NOTED ON THE PROGRAM COUPON, EACH PROGRAM COUPON WILL EXPIRE ON THE EXPIRATION DATE SHOWN ON OR WITH THE PROGRAM COUPON.
j. Additional exclusions and limitations related to Rewards may be specified at the discretion of Hot Topic. Exclusions will be provided by Hot Topic, on the Reward Certificate or otherwise, and members may be notified of additional eligible and ineligible merchandise at the point of redemption.
VIII. POINTS AND REWARDS HAVE NO MONETARY OR CASH VALUE
a. BY COLLECTING POINTS AND REWARDS, MEMBERS HAVE OBTAINED A LIMITED LICENSE TO A DIGITAL PRODUCT. POINTS AND REWARDS ARE NOT THE MEMBER'S PERSONAL PROPERTY AND HAVE NO MONETARY OR CASH VALUE. POINTS AND REWARDS THAT REMAIN ON A MEMBER'S ACCOUNT WILL EXPIRE AND WILL BE FORFEITED IF THE PROGRAM IS TERMINATED. POINTS AND REWARDS MAY BE REVOKED ANY TIME BY HOT TOPIC AS SET FORTH HEREIN. REWARDS AND ANY OTHER PROGRAM BENEFITS (SUCH AS BIRTHDAY OR ANNIVERSARY OFFERS) MAY ONLY BE USED ONCE, ARE NOT REDEEMABLE FOR CASH, AND NO CHANGE OR CURRENCY WILL BE GIVEN FOR THEIR REDEMPTION. To the extent allowed by applicable law, we may cancel any earned or outstanding Rewards if we become insolvent, unable to pay our debts when due, file an action under the U.S. Bankruptcy Code or have such an action filed against us. Rewards may not be used as payment of any outstanding obligations to the Bank or its affiliates.
IX. Changes, Modifications or Termination of Program
a. Program membership and its benefits are offered at the sole discretion of Hot Topic. We reserve the right to terminate, change, limit, or modify these Terms and Conditions or the Program at any time and in any way (including our right to discontinue or change the benefits or change the expiration date of Points earned under the Program, or to adjust the number of Points earned for each dollar in a Qualifying Purchase, or other similar modifications to Rewards and Points) with or without notice. All Points and Rewards earned by a member will no longer be useable in the Program after the effective date of termination. To the extent required by applicable law, we will give you notice if we end the Program or make a major change to it. It is your responsibility to visit https://www.hottopic.com/customer-service/hot-topic-policies/hot-topic-rewards-terms-and-conditions/ to review the most up-to-date Terms and Conditions. Your continued participation in the Program will constitute your acceptance of the most recent Terms and Conditions governing the Program.
b. WE MAY CHANGE OR MODIFY THESE TERMS BY POSTING THE UPDATED TERMS AT WWW.HOTTOPIC.COM. IF WE MAKE MATERIAL CHANGES TO THESE TERMS, WE WILL ALSO SEND YOU AN EMAIL ADVISING YOU OF THE NEW OR DIFFERENT TERMS. YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTER SUCH NOTICE WILL CONSTITUTE YOUR ACCEPTANCE OF THE NEW OR DIFFERENT TERMS. YOU SHOULD PERIODICALLY VISIT WWW.HOTTOPIC.COM TO REVIEW THE THEN CURRENT TERMS TO WHICH YOU ARE BOUND.
c. We also reserve the right, in our sole discretion, to cancel your participation in the Program in the event of: (i) fraud; (ii) abuse of Program privileges; (iii) sale or attempted sale of Points or Rewards; (iv) transfer or attempted transfer of Points or Rewards; (v) violation of these Terms and Conditions; or (vi) any other improper conduct, and at our discretion. The aforementioned conduct may also result in forfeiture of all Points and Rewards in the member’s Online Account, possession, or control, and cancellation of any previously issued but unused Rewards. At our discretion, and without limitation of our other rights and remedies, we may prosecute abuse of the Program to the fullest extent of the law. Hot Topic reserves the right to discontinue the participation privileges of any member who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or any applicable country's federal, municipal, provincial, state or local, laws, statutes, or ordinances. Discontinued participation privileges may result in the loss of all accumulated Points and Rewards. In addition to discontinuance of participation privileges, Hot Topic shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
d. These Terms and Conditions supersede all previously published terms and conditions in their entirety.
X. Governing Law, Arbitration, and Class Action Waiver
a. THESE TERMS AND CONDITIONS AND THE INTERPRETATION OF THESE TERMS AND CONDITIONS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
b. Dispute Notice. Before initiating an arbitration, you and Hot Topic each agree to first provide the other with written notice (“Notice of Dispute”), which shall contain: (i) a written description of the problem and relevant documents and supporting information; and (ii) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to the Hot Topic Legal Department, 18305 E. San Jose Ave., City of Industry, CA 91748, or (2) emailed at HTlegalgroup@hottopic.com. Hot Topic will provide a Notice of Dispute to you via the billing address or email address associated with your Account and/or billing information (the “Notice Address”). You and Hot Topic agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until a 45-day post-notice period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Hot Topic may commence an arbitration proceeding.
c. ARBITRATION. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES, OR CONTROVERSIES BETWEEN YOU AND HOT TOPIC (AND ANY OTHER RELEASED PARTY), AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES, AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE PROGRAM, YOUR PARTICIPATION IN THE PROGRAM AND/OR OR ANY POINTS, REWARDS, COUPONS, OR OTHER PROGRAM BENEFITS EARNED OR OBTAINED THROUGH THE PROGRAM, THE USE OR ACCESS TO ANY HOT TOPIC WEBSITE OR YOUR ONLINE ACCOUNT, THESE TERMS AND CONDITIONS, AND/OR TO THE APPLICATION, ENFORCEABILITY, SCOPE, OR INTERPRETATION OF THIS AGREEMENT TO ARBITRATE (“DISPUTES”) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION.
ALL DISPUTES SHALL BE DETERMINED BY BINDING ARBITRATION (1) ADMINISTERED BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”), PURSUANT TO THE JAMS STREAMLINED ARBITRATION RULES & PROCEDURES EFFECTIVE JUNE 1, 2021 (THE “JAMS RULES”), AND AS MODIFIED BY THIS AGREEMENT TO ARBITRATE; (2) CONDUCTED BY A SINGLE, NEUTRAL ARBITRATOR; AND (3) TO TAKE PLACE TELEPHONICALLY UNLESS AN IN-PERSON HEARING IS SPECIFICALLY REQUESTED BY EITHER PARTY, IN SUCH CASE IN-PERSON HEARINGS SHALL TAKE PLACE IN THE COUNTY OF THE BILLING ADDRESS ASSOCIATED WITH YOUR ACCOUNT, OR THE COUNTY WHERE YOU RESIDE, IN THE INSTANCE WHERE NO ACCOUNT EXISTS. TO THE EXTENT THAT THIS AGREEMENT TO ARBITRATE CONFLICTS WITH THE JAMS POLICY ON CONSUMER ARBITRATIONS PURSUANT TO PRE-DISPUTE CLAUSES MINIMUM STANDARDS OF PROCEDURAL FAIRNESS (THE “MINIMUM STANDARDS”), THE MINIMUM STANDARD IN THAT REGARD WILL APPLY.
DISPUTES MAY ALSO BE REFERRED TO ANOTHER ARBITRATION ORGANIZATION IF YOU AND HOT TOPIC AGREE IN WRITING, OR TO AN ARBITRATOR APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT.
The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/ or by calling JAMS at 800-352-5267. To commence an arbitration, a Demand for Arbitration is required to be executed and served on Hot Topic. Service of the Demand for Arbitration on Hot Topic can be mailed to the Hot Topic Legal Department, 18305 E. San Jose Ave., City of Industry, CA 91748, pursuant to the instructions provided by JAMS to submit a Dispute for arbitration. Service of the Demand for Arbitration on you will be sent to the Notice Address. Further instructions on submitting a Demand for Arbitration can be found at https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf . Hot Topic will bear the cost of your initial filing fee.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow the terms of these Terms and Conditions.
BECAUSE THE PROGRAM PROVIDED TO YOU BY HOT TOPIC CONCERNS INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE CALIFORNIA STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.
d. NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER MEMBERS/CONSUMERS, OR ARBITRATE ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Further, unless both you and Hot Topic expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
e. FEES. In the event you commence arbitration, after Hot Topic receives notice that you have initiated arbitration, Hot Topic will promptly reimburse you for your payment of the filing fee and Hot Topic will pay any case management fees associated with the arbitration and the professional fees for the arbitrator’s services.
XI. Miscellaneous Terms
a. The Program is provided to individuals only. Corporations, associations, or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Program account for the purpose of accumulating Points for combined use.
b. All questions or disputes regarding eligibility for the Program, earning or redemption of Points, Rewards, or other Program benefits, or a member's compliance with these Terms and Conditions will be resolved by Hot Topic in its sole discretion.
c. Hot Topic is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by members, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access, or use the Hot Topic website or access a member's Online Account, or for any other technical or non-technical error or malfunction.
e. RELEASE. Hot Topic, its parent and subsidiaries and affiliate entities, and their respective officers, directors, employees, and agents (the "Released Parties") make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program, membership in the Program, benefits of the program, or any products or services related to the Program. BY PARTICIPATING IN THE PROGRAM, YOU HEREBY RELEASE THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) RELATING TO YOUR PARTICIPATION IN THE PROGRAM, USE OF POINTS, REWARDS, COUPONS, OR OTHER PROGRAM BENEFITS, OR YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM AND/OR POINTS, REWARDS, PROGRAM COUPONS, OR OTHER BENEFITS OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
f. Indemnification. By participating in the Program, you agree to indemnify, defend, and hold the Released Parties harmless from and against any and all damages, losses, liabilities, costs, and other expenses, (including, without limitation, attorneys’ fees) incurred by the Released Parties in connection with any claim arising out of your breach of these Terms and Conditions, or any other fraudulent activity or abuse of the Program. Each Member will cooperate as fully as reasonably required in the defense of any claim. Hot Topic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Hot Topic.
g. The Bank does not: (i) endorse Reward Certificates or products or services purchased at Hot Topic using Reward Certificates; (ii) make any express or implied warranty regarding Reward Certificates or products or services purchased at Hot Topic; (iii) guarantee the performance of Reward Certificates or products or services on Hot Topic; or (iv) offer, operate, or control Reward Certificates offered through this Program.
h. The Hot Topic trademark and/or logo, Hot Topic Rewards OR HT Rewards trademark and/or logo, and Hot Topic taglines or slogans are the intellectual property of Hot Topic. Artwork, photography, and logos, including the logos and taglines used in conjunction with the Program, on this web site or in print, are copyrighted intellectual property of Hot Topic. These logos and materials may not be used, reproduced, replicated, or doctored in any manner without the written consent of Hot Topic.
i. These Terms and Conditions constitute the entire agreement between you and Hot Topic pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
j. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.