Nohble Royalty Terms and Conditions

Effective Date:  February 1, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE NOHBLE ROYALTY PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR PARTICIPATE IN THE NOHBLE ROYALTY PROGRAM.

These Terms of Use include an arbitration provision that governs any disputes between you and us. Unless you opt out as described in the arbitration provision below, this provision will:

• eliminate your right to a trial by jury; and
• substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

You agree that we may provide notices, disclosures and amendments to these Terms of Use, and other information relating to the Nohble Royalty program by electronic means, including posting such information and materials online at https://www.nohble.com.

These Terms of Use apply to your access to, and participation in, the Nohble Royalty program in the United States ("Nohble Royalty"), which is operated by DBA Nohble or its respective subsidiaries, licensees and affiliated companies (collectively, "Nohble"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Nohble for other products or services. Nohble reserves the right to change or modify these Terms of Use or any policy, FAQ, or guideline pertaining to Nohble Royalty, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to www.nohble.com, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to or participation in Nohble Royalty following any such changes or modifications confirms your acceptance of these Terms of Use and such changes or modifications; therefore, you should review these Terms of Use and the policies, FAQs and guidelines pertaining to Nohble Royalty frequently to understand the terms and conditions that apply to your access to and participation in Nohble Royalty. If you do not agree to these Terms of Use, you must stop accessing and participating in Nohble Royalty.

Nohble Royalty is intended for personal use only. Commercial use is prohibited. Nohble Royalty is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may access and participate in Nohble Royalty only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

About Nohble Royalty

Nohble Royalty is one way in which Nohble endeavors to reward and thank loyal customers for patronizing our business. Nohble Royalty members are able to earn and accumulate "Points" that provide access to certain additional benefits.

Bronze (500+ points) earns you:
- Exclusive giveaway access (including Nohble gift cards & free merchandise & reserve a release*)
- VIP invites to Nohble events

Silver (2000+ points) earns you:
- Reserve a release (1 pair per year total)*
- Nohble VIP Pack
- $50 Nohble gift card
- Exclusive giveaway access (including Nohble gift cards & free merchandise)
- VIP invites to Nohble events

Gold (5000+ points) earns you:
- Reserve a release (3 pair per year total)*
- Nohble VIP Pack
- $200 Nohble gift card
- VIP invites to Nohble events
- Private concierge service

*Requests for reserved pairs must be made at least 7 business days prior to the launch date and must be confirmed by Nohble. Availability may be limited and requests will be processed on a first come, first serve basis. Only one pair per release permitted per Royalty customer. Royalty customers must remit payment in full and any applicable taxes prior to pick up. Pick-up must be made by the end of business on the day of launch or I will forfeit my pair and a refund will be issued. Shoe reservations are cumulative between Silver and Gold.

*Gift cards offers cannot be combined. Your eligibility is based on your year end status as of December 31st. If you qualify by year end as a Royalty Gold member you are entitled to one $200 gift card only.

Current Nohble employees are not permitted to participate in Nohble Royalty.

Joining Nohble Royalty

To be eligible to join Nohble Royalty in accordance with these Terms of Use, you must register a unique first name, last name, email address, and phone number in the United States at the time you join Nohble Royalty. Duplication of any of these required fields will result in consolidation into one account or disqualification for unauthorized, deceptive, fraudulent practices. By participating, you consent to receive text messages and emails sent by an automatic telephone dialing system or email marketing service. Consent to these terms is not a condition of purchase.

There are three (3) ways to join Nohble Royalty and begin accumulating Points:

1. Sign up at any one of our retail locations. To see a list of all locations visit: https://nohble.com/pages/storelocations
2. Subscribe to our mailing list by going to https://www.nohble.com
3. Shop at https://www.nohble.com and become automatically enrolled

Earning Points

You can earn Points by making select purchases at Nohble retail locations or online.

You will earn Points based on the value of your purchase at the rate of one (1) Point for each One U.S. Dollar ($1.00) you spend at participating Nohble stores or online at https://www.nohble.com using your registered credentials (Name, Email, and or phone number).  Points cannot be earned on select launch product, select discounted product, promotions, services, taxes, tips, donations, fees, or when redeeming gift cards. Points cannot be earned on accounts that do not meet Royalty requirements (unique first & last name, email, and phone number) prior to the completion of a qualifying transaction.

From time to time, Nohble may offer you special promotions that offer you additional "Bonus Points". The promotional Bonus Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in such promotional offer.

When Points Are Added to Your Nohble Royalty Account

Generally, Points are automatically added to your account within twenty-four (24) hours of when you earned them. If you void a purchase made, Nohble will deduct the Points that you earned for that purchase.

Royalty Tier updates occur approximately weekly and Members will be notified via email of their status. We reserve the right to delay notification or updates for any reason at any time.

Point Expiration

Points accrued in your Nohble Royalty account expire at the end of each calendar year. For example, if you earned 510 Points in 2020, that qualifies you as a Bronze Royalty Member for 2020. Your 510 points will expire on December 31, 2020 and your points balance will return to zero (0).  To re-quality for Nohble Royalty, you must earn a minimum of 500 points in 2021.

Additional Benefits of Nohble Royalty

As a Nohble Royalty member, you are eligible for the following additional benefits:

Nohble may offer Nohble Royalty members early or extended access to certain promotions and offers, and/or personalized offers and coupons. Special offers may be distributed by email, text, in-store, online, social media (including but not limited to Twitter, Facebook, and Instagram), or by physical mail. Special offers may have certain restrictions, including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. You may be required to use your registered Nohble Royalty account in order to redeem special offers. Read each offer carefully for specific details, expiration dates, limitations and restrictions.

Nohble reserves the right to change the number and type of additional benefits offered to members of Nohble Royalty in its sole discretion at any time.

Other Important Information You Should Know

There are no participation or membership fees associated with Nohble Royalty. Points accrued in connection with Nohble Royalty are promotional, have no cash value and cannot be redeemed for cash.

Your Nohble Royalty account and associated benefits and rewards, are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Nohble Royalty account that is personal to you.

Without notice to you, Nohble reserves the right to suspend and/or terminate any registered Nohble Royalty account if Nohble determines, in its sole discretion, that you have violated these Terms of Use and/or other Company Policies or that the use of your Nohble Royalty account is unauthorized, deceptive, fraudulent or otherwise unlawful. Nohble may, in its sole discretion, suspend, cancel or combine Nohble Royalty accounts that appear to be duplicative. In the event that your participation in Nohble Royalty is terminated, all accrued Points in your Nohble Royalty account are void and your account is deactivated. Additionally if you elect to "Unsubscribe" from Company communication including but not limited to email, text, social media and/or other forms of communication, your Nohble Royalty account will become void and deactivated and all accumulated points will be removed. 

Without notice to you, Nohble also reserves the right to "unregister" and make ineligible for accounts that has been inactive for one (1) calendar years. Inactivity is defined as no Points earned during a single calendar year. In the event that your Nohble Royalty account is unregistered or rendered inactive, all accrued Points are void.

Nohble reserves the right to change, modify, discontinue or cancel Nohble Royalty or any part of Nohble Royalty, at any time and in its sole discretion, without notice to you.

Conduct & Decisions

Nohble, in its sole discretion, reserves the right to disqualify and prohibit from participating any Member, who the Company determines at its sole discretion is or is attempting to: (i) tamper with the Company’s Website and/or any part of this Program; (ii) attempting to undermine the legitimate operation of the Program by cheating, deception, or other unfair playing practices, (iii) intending to annoy, abuse, threaten or harass any other participants or the Company’s Agents; and/or (iv) otherwise violating these Official Rules or the Terms of Use of the Company’s Website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE THE COMPANY’S WEBSITE OR STOREFRONT OPERATIONS (OR ANY PART THEREOF) OR UNDERMINE THE OPERATION OF THIS PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE COMPANY AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACHES OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS PROGRAM. Failure to comply with these Rules may result in Participant’s disqualification from the Program. Any false information provided within the context of the Program by any Participant, including but not limited to identity, postal address, ownership of rights or non-compliance with the Rules may result in the immediate disqualification of such Participant from the Program. Company further reserves the right to disqualify any entry that it believes in its sole and unfettered discretion, infringes upon any third party right, violates any law, or otherwise does not comply with these Rules.

Arbitration

Please read this "Arbitration" section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of through court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your access to or participation in Nohble Royalty or your relationship with us. Any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in Nohble Royalty, or your relationship with Nohble or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Opt-Out. Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision within 30 days from the date you registered for a Nohble Royalty account (the "Opt-Out Deadline"). You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: Nohble Royalty Opt-Out 135 County Avenue Secaucus NJ 07094. Any opt out received after the Opt-Out Deadline (allowing three (3) additional days for mailing) will not be valid, and you must pursue your claim in arbitration or small claims court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Use as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration. Should any action be instituted regarding the terms of this agreement, the prevailing party will be entitled to all of its expenses related to such arbitration including, but not limited to, reasonable attorneys' fees and costs, both before and after judgment.

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

Governing Law

Any dispute arising from these Terms of Use or your access to or participation in Nohble Royalty will be governed by and construed and enforced in accordance with the laws of New Jersey, without regard to conflict of law rules or principles. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Hudson County, New Jersey

Severability

If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

Statute of Limitations

You have a one year statute of limitation for the filing of any requests for mediation, or arbitration related to Nohble Royalty from the date of perceived grievance. If said claim is filed more than one year subsequent to the date of perceived grievance it is precluded by this provision, regardless of whether the claim had accrued at that time or not.

Entire Agreement

These Terms of Use represents the complete and exclusive statement for Nohble Royalty program.  No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by the parties concerning Nohble Royalty. These Terms supersedes any and all prior Agreements or understandings between parties.