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Terms and Conditions

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Terms and Conditions

Terms and Conditions

TERMS AND CONDITIONS

Last Updated: January 09, 2017

The TwelveMileBoard.com web site is owned by Twelve Mile Board, LLC. The mailing address for Twelve Mile Board is 200 Twin Lake Road Grayson, LA 71435.

Your Use of This Web Site is Governed by These Terms of Use

Please take a few minutes to review these Terms of Use. Your use of this web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms of Use, do not use the Twelve Mile Board web site.

Welcome to TwelveMileBoard.com. Twelve Mile Board, LLC. ("Twelve Mile Board") maintains this web site (the "Site") as a service to our Members. Please feel free to browse the Site. You may download material on the Site for personal, non-commercial use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, translate, transfer, report, or use the contents of the Site for public or commercial purposes, including the text and images, without Twelve Mile Board written permission.

Your access and use of the Site is also subject to these Terms of Use and all applicable laws. Additional policies and terms apply to use of specific portions of this Site and to the purchase of certain merchandise or services and are included in these Terms of Use. Please refer to and review all additional specific terms and conditions, including the terms found at Twelve Mile Board Membership Terms, Privacy Policy, and Online Shopping Help. Since Twelve Mile Board may revise these Terms of Use at any time and without notice, you should visit this page periodically to review the Terms of Use. Your use of the Site following any such change to the Terms of Use constitutes your agreement to follow and be bound by the Terms of Use as revised.

Twelve Mile Board grants you a limited license to access and make personal use of this Site. This license does not permit you to download (other than page caching) or modify it, or any portion of it, except with express written consent of Twelve Mile Board. Nor does this license authorize any resale or commercial use of this Site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this Site or its contents, any downloading or copying of account information for the benefit of any third party, or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, except as specifically permitted or with the express written consent of Twelve Mile Board. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Twelve Mile Board without express written consent. You may not use any meta tags or any other “hidden text” utilizing any Twelve Mile Board tradename, trademarks, service marks, or logos without the express written consent of Twelve Mile Board. Any unauthorized use automatically terminates the permission or license granted by Twelve Mile Board.

Email: daniel@twelvemileboard.com

Membership, Free Trials, Billing and Cancellation

i. Ongoing Membership. Your Twelve Mile Board membership, which may start with a free trial, will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Twelve Mile Board service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.

ii. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Twelve Mile Board by visiting our website and clicking on the "My account" link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

b. Free Trials

i. Your Twelve Mile Board membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Twelve Mile Board reserves the right, in its absolute discretion, to determine your free trial eligibility.

ii. We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership and your membership will automatically renew monthly unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "View billing details" link on the "My account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

iii. CLICK THE "MY ACCOUNT" LINK AT THE TOP OF ANY TWELVE MILE BOARD WEB PAGE (www.Twelve Mile Board.com) TO cancel or alter your plan or purchases. You may also send an email to daniel@TwelveMileBoard.com to cancel or make changes to your plan.

c.Billing i.Recurring Billing. By starting your Twelve Mile Board membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Twelve Mile Board service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

ii.Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

iii.Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Twelve Mile Board membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the "View billing details" link on the "My account" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

iv.No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

v.Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "My account" link, available at the top of the pages of the Twelve Mile Board website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel my account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

vi.Cancellation. You may cancel your Twelve Mile Board membership at any time, and you will continue to have access to the Twelve Mile Board service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED TWELVE MILE BOARD CONTENT. To cancel, go to the "My account" page on our website and follow the instructions for cancellation. If you cancel your membership, my account will automatically close at the end of your current billing period. To see when my account will close, click "View billing details" on the "My account" page. If you signed up for Twelve Mile Board using my account with a third party as a Payment Method, and wish to cancel your Twelve Mile Board membership at any time, including during your free trial, you may need to do so through such third party, including by visiting my account with the applicable third party and turning off auto-renew, or unsubscribing from, the Twelve Mile Board service through that third party. You may also find billing information about your Twelve Mile Board membership by visiting my account with the applicable third party.

 

Changes, Misprints, and Errors. We reserve the right to change the (a) goods advertised or offered for sale through this Site, (b) prices or specifications of such goods, (c) any promotional offers, and (d) any other part of this Site at any time and from time to time without notice or liability to you or any other person. All orders are subject to credit approval and the availability of merchandise upon successful completion of this credit check. We cannot guarantee that goods advertised or offered for sale on this Site will be available when ordered or thereafter, and we reserve the right to limit quantities sold or made available for sale. SUBJECT TO APPLICABLE LAW, WE DO NOT WARRANT THAT THE MATERIALS ON THE SITE (INCLUDING PRODUCT DESCRIPTIONS OR PHOTOGRAPHS) ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE AND WE RESERVE THE RIGHT TO CANCEL, TERMINATE OR NOT TO PROCESS ORDERS (INCLUDING "ACCEPTED" ORDERS) WHERE THE PRICE OR OTHER MATERIAL INFORMATION ON THE SITE IS INACCURATE OR WHEN WE RECOGNIZE ABUSE OF OUR POLICIES. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE SUPPLIER OF THE ITEM OR OTHER THIRD PARTY. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or apply a credit to the payment type used in the order. Items offered on the Site will differ from items offered in our Clubs and prices may differ. Twelve Mile Board does not offer rain checks for items displayed on the Site or in the Clubs.

For the avoidance of doubt, an order placed on this Site may be fulfilled by our merchandising partners. Twelve Mile Board disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities or any merchandising partner; the goods or services offered by a merchandising partner; or our merchandising partner's failure to complete your delivery

Acceptance and Payment Terms. Advertised prices are in U.S. dollars and exclude shipping, handling, and taxes unless otherwise noted. Please proceed to checkout to see the total cost of your order, including any applicable tax, delivery or other fees.

International Shipping. Currently, Twelve Mile Board offers shipping in the United States only. We do not currently deliver to P.O. boxes, APO (military) boxes, FPO (foreign) boxes or international addresses. Shipments to Alaska and Hawaii will incur additional shipping charges. Due to shipping limitations, not all products sold on the Site can be shipped to Alaska or Hawaii. If applicable, shipping restrictions to these states will be noted in the Shipping Information section on each product page.

Return Policy. If you are not fully satisfied with your purchase, you may return it with the original packing receipt once you have obtained a Return Authorization Number (RA#). Additional restrictions apply. Please read our Return Policy in full for specific return policies as applicable to different types of merchandise. Merchandise purchased through the site can be returned to any Twelve Mile Board Club. Twelve Mile Board is not obligated to accept returns of merchandise ordered through the Site that are not in compliance with the published return policy. The above return policy shall not apply to bulk purchases of ten (10) or more selling units of the same product in the same transaction via the Site where the total purchase price for such ten or more items exceeds $1,000.00, regardless of the purchaser. For such bulk purchase described in the prior sentence, ALL SALES ARE FINAL and no returns shall be accepted in-club or through the Site.

Submissions. We welcome your comments regarding this Site. However, any comments, questions, feedback, reviews, notes, messages, ideas, photos, drawings, suggestions or other communications, whether provided in the form of emails or submissions to Twelve Mile Board or postings to the Site (collectively, "Comments"), sent to the Site shall be and remain the exclusive property of Twelve Mile Board. Your submission of any such Comments shall constitute an assignment to Twelve Mile Board of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Twelve Mile Board will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

You may post Comments, other content, send e-cards and other communications, and submit other information. You agree that no Comments you submit to the Site shall contain illegal, obscene, threatening, abusive, libelous, unlawful content or content that is defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. In addition, no such Comments or content shall consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Twelve Mile Board reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. Twelve Mile Board has the right but not the obligation to monitor and edit or remove any activity or content. Twelve Mile Board takes no responsibility and assumes no liability for any content posted by you or any third party.

You grant Twelve Mile Board and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is current, accurate and complete, that use of the content you supply does not violate these Terms of Use or other Twelve Mile Board policies and will not cause injury to any person or entity, and that you will indemnify Twelve Mile Board for all claims resulting from content you supply.

Colors. We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Gift Cards and Gifts of Membership. All Twelve Mile Board Gift Cards and Gifts of Membership are deemed purchased in and issued from the Commonwealth of Massachusetts. Gift Cards cannot be used as a form of payment for merchandise purchased on the Site.

Passwords and Security. If you use a password to access this Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on my account or with your password. In the event that the confidentiality of my account or password is compromised in any manner, you will notify Twelve Mile Board immediately. Twelve Mile Board reserves the right to take any and all action as it deems necessary or reasonable to maintain the security of the Site and my account, including without limitation, terminating my account, changing your password or requesting information to authorize transactions on my account. While Twelve Mile Board takes prudent steps to protect my account and the Site, it cannot protect your information outside of the Site. When you send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on this web site. We do not include details of your personal financial information in emails unless you specifically request we do so or as necessary to answer your question. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner.

You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Site, or leaving a telephone message with an email address for Twelve Mile Board Member Care to respond to an inquiry about my account, as a request that we communicate with you by unencrypted email.

Privacy Policy. Twelve Mile Board respects your right to privacy and our documented Privacy Policy details our practices and policies. We are the sole owner of collected information and we will not sell, share or rent this information in ways different than disclosed in our Privacy Policy. Please read the Twelve Mile Board Privacy Policy in its entirety online, or call Twelve Mile Board Member Care at 800-BJS-CLUB to request a copy.

Twelve Mile Board makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this Site, or web sites linking to this Site.

DISCLAIMERS -- GENERAL

THE SITE IS OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, BJs.COM, Twelve Mile Board WHOLESALE CLUB, INC, AND THEIR AFFILIATES (COLLECTIVELY, THE "Twelve Mile Board BUSINESSES") DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

WITHOUT LIMITING THE FOREGOING, THE Twelve Mile Board BUSINESSES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.

THE Twelve Mile Board BUSINESSES DO NOT ENDORSE OR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THE SITE, OR ABOUT ANY WEB SITE YOU MAY ACCESS THROUGH THE SITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER SITE.

THE Twelve Mile Board BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

THE Twelve Mile Board BUSINESSES ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THE SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL THE Twelve Mile Board BUSINESSES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY Twelve Mile Board BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE Twelve Mile Board BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

ENFORCEMENT OF TERMS OF USE

Twelve Mile Board OPERATES THE SITE FROM ITS OFFICES WITHIN THE UNITED STATES AND MAKES NO REPRESENTATIONS THAT CONTENT AND MATERIALS ON THE SITE ARE LEGAL OR APPROPRIATE FOR USE FROM OUTSIDE THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM OTHER LOCATIONS, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL LOCAL LAWS. ACCORDINGLY, BY ACCESSING AND USING THE BJS.COM WEB SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS OF USE, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, UNITED STATES OF AMERICA AND EXCLUDES THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. ANY ACTION RELATING TO THESE TERMS OF USE SHALL BE BROUGHT IN THE FEDERAL COURTS OF THE COMMONWEALTH OF MASSACHUSETTS.

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