BAKCOU Membership Program Terms and Conditions

MEMBER PROGRAM

These terms and conditions (these “Terms” or this “Agreement”) govern the Bakcou Elite Membership (“Elite Membership”). The Elite Membership program collectively constitute the Bakcou Membership Program (“Membership” or “Membership Program”), which is a program brought to you by Bakcou LLC (“we,” “us,” “our,” “ours", or “Bakcou”). Purchase and/or use of any Membership at any time subjects the purchaser or user (“you,” “your,” “yours,” “Elite Member" or “Member”) to the provisions of this Agreement, as amended periodically. The Membership Program is valid only with respect to your qualifying activity at stores owned and operated by BAKCOU, including Retail locations and on the BAKCOU.com website (“BAKCOU.COM”). Qualifying activity is defined as any of the following: transactions using the Membership (including payment of the Membership fee for Elite Memberships); signing into the Member’s linked BAKCOU.com account via BAKCOU.com or updating the Member profile.

BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 12, (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 12, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND BAKCOU WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.

ELITE MEMBERSHIP: $199.99 annual fee (can be billed Monthly, Quarterly or Annually)

Upon selecting Elite Membership, your account will remain active unless otherwise canceled by you or terminated by us in our sole discretion or your Elite Membership expires.

Benefits:

Massive discounts off Bakcou branded Products
Up to 40% off Discounts with our Partners
Random Gift winners
Exclusive events
Birthday gifts
Early access to New Bakcou Products
Connect with other Tribe members, shar stories, and build relationships within the Bakcou Tribe
Access to communications and exclusive industry information such as Hunting, Fishing and Camping guides.
Discounts off of our partner magazines.

Certain Conditions:

Discounts cannot be used in conjunction with any coupons or in conjunction with employee discounts, or any corporate, institutional, or prearranged group discounts, unless specifically stated.
To receive the Elite Membership birthday offer, Elite Members must provide the month and day of their birthday, as well as have a valid email address in their profile. The Elite Member will be sent the birthday offer email each year, assuming the Elite Membership is active as of the first day of the month of the Member’s birthday.

ELITE MEMBERSHIP FEE

The annual Elite Membership fee is $199.99. Membership fees are subject to taxation in accordance with applicable federal or state law. We reserve the right in our sole discretion to change the Elite Membership fee at any time, but changes will apply only to new and renewal Premium Memberships.

Elite Membership fees are not refundable, except within seven (7) days of the purchase date of the new or renewal Elite Membership or the Automatic Renewal charge date of the Elite Membership and i) you did not use your Elite Membership to obtain an eligible discount or benefit during the new or renewal Elite Membership term, or ii) your Membership was renewed during your current Membership term and the renewal Membership term has not yet started and you did not use your Elite Membership to obtain an eligible benefit. No refunds will be available after such seven (7) day period (unless we terminate Elite Membership in its entirety.

ELITE MEMBERSHIP TERM

For new Elite Members, the Elite Membership Term shall expire 1, 3 or 12 months from the date of purchase of Elite Membership (based on the payment selection of Monthly, Quarterly or Annually) for subsequent terms of Elite Membership no more than 30 days prior to the expiration date as set forth in Section 4 Term; Automatic Renewal; Billing below and a credit card is required upon enrollment for automatic renewal.

AUTOMATIC RENEWAL; BILLING

EACH ELITE MEMBERSHIP WILL AUTOMATICALLY RENEW (“AUTOMATIC RENEWAL”) EACH TERM FOR ADDITIONAL 1, 3 OR 12-MONTH PERIODS THAT COMMENCE ON THE DAY AFTER THE PREVIOUS PREMIUM MEMBERSHIP TERM ENDS UNLESS YOUR ELITE MEMBERSHIP IS CANCELED OR TERMINATED.

When you join Elite Membership, you are enrolled in Automatic Renewal. If you do not cancel prior to renewal date, the then-current Elite Membership fee will be billed to: (i) the form of payment we currently have on file for you that was used to join or renew the Elite Membership; (ii) the form of payment we currently have on file for you that you provided to us when making a purchase with your Member account on Bakcou.com; or (iii) the form of payment we currently have on file for you that was updated by the applicable payment service provider, and to which you authorize us to continue to charge the Elite Membership fee.

You may opt out of Automatic Renewal by canceling, suspending or terminating your Elite Membership account.

MEMBER INFORMATION

Members are responsible for submitting and maintaining accurate and current user information in connection with their Membership. Such information may include name, physical address, email address, and any other information we may require from time to time. Periodically we will utilize the National Change of Address (NCOA) database through information provided by the United States Postal Service to update the mailing address of accounts in our database. Members can change their account information by (i) updating Member profile data through an authenticated Bakcou.com account, (ii) emailing Member Services at membership@bakcou.com. We cannot assume any liability for correspondence, mail or email that is lost, delayed, or misdirected.

Memberships are for individual use only and are non-transferable. Members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using Membership benefits. An email address may be associated with only one Membership account. For use on Bakcou.com, a Membership may be associated with only one Bakcou.com account.

CANCELLATION BY MEMBER

You have the right to cancel your Elite Membership at any time by contacting Member Services at membership@bakcou.com and notifying us that you want to cancel your Elite Membership. In the event of cancellation, the Membership account is terminated, effective immediately, and can no longer be used. You will not be entitled to a refund of the Elite Membership fee.

OUR TERMINATION OF MEMBER’S ACCOUNT

We may terminate your Elite Membership without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests or another user.

In the event of any such termination, you will not be entitled to a refund of your Elite Membership fee.

TERMINATION OF MEMBERSHIP BENEFITS OR PROGRAM

We may terminate the Membership Program or any or all Membership benefits at any time with or without notice.

In the event of the termination of the Elite Membership program, at our election, we will either maintain your Elite Membership benefits until the expiration of a Member’s Elite Membership current term or refund each Elite Member a pro rata portion of the Elite Membership fee for the remaining portion of the current Elite Membership term.

PRIVACY POLICY

As a Member, the information we capture will be subject to the Bakcou Privacy Policy as amended from time to time in accordance with its terms. You may view the current version of the Bakcou Privacy Policy at any time online on Privacy policy (bakcou.com) or you may obtain a copy by emailing Member Services at membership@bakcou.com.

DISCLAIMERS; LIMITATION OF LIABILITY

USE OF THE BAKCOU MEMBERSHIP PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

BAKCOU LLC AND ALL OF ITS RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY “MEMBERSHIP PROVIDERS”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i) THE BAKCOU MEMBERSHIP PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE BAKCOU MEMBERSHIP PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE BAKCOU MEMBERSHIP PROGRAM WILL MEET YOUR EXPECTATIONS.

MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BAKCOU MEMBERSHIP PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE THE BAKCOU MEMBERSHIP PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR THE BAKCOU MEMBERSHIP PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE BAKCOU MEMBERSHIP PROGRAM. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

GOVERNING LAW

This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of UTAH without regard to conflict of law principles.

DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND BAKCOU TO AGREE TO ARBITRATE CERTAIN DISPUTES. AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND BAKCOU FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND BAKCOU AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. BAKCOU AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

Any dispute or claim arising from, relating to, or connected with these Terms, the Bakcou Membership Program, and/or any Bakcou Member account (each a “Claim”) will be resolved by binding arbitration (rather than in court). All Claims submitted to arbitration under these Terms will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be the State of Utah or, where limited by applicable law, the jurisdiction in which you reside or may be conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. Notwithstanding this Section 12, we may bring a Claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce our intellectual property rights or those of our affiliates, suppliers, or licensors.

FEDERAL ARBITRATION ACT. These Terms affect interstate commerce, and the enforceability of this Section 12 will be substantively and procedurally governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., to the extent permitted by law. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.

ONE YEAR TO ASSERT CLAIMS. To the extent permitted by law, any Claim by you or Bakcou LLC relating in any way to these Terms, our Membership Program, or any aspect of the relationship between you and Bakcou LLC as relates to these Terms, or our Membership Program, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and Bakcou LLC will not have the right to assert the Claim.

WAIVER OF CLASS ACTIONS. We each agree that any Claim will be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. WE EACH AGREE THAT WE ARE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVING ANY RIGHT WE MAY HAVE TO A JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE DIGITAL CONTENT TERMS OF SALE.

OPTION TO OPT-OUT. You have the right to opt out of binding arbitration within 30 days of the date that you become a Member (unless a longer period is required by applicable law). In order to be effective, your written notification to Bakcou LLC, Attention: Legal Department to 2840 S Wadman Dr. Ogden, Utah, 84401, and your written notification must include your name, mailing address, and email address. The notice must clearly indicate your intent to opt-out of this binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 11.

You acknowledge and agree that, regardless of any statute or law to the contrary, any Claim or cause of action you may have must be filed within one (1) calendar year after such Claim or cause of action arises, or forever be barred.

For purposes of any Claim that is not subject to the arbitration procedures in this Section 12, we both agree to the governing law and jurisdiction as set out in Section 11 above.

ACKNOWLEDGEMENT

This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the Bakcou Membership Program with respect to the Bakcou Membership Program and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any portion of the Bakcou Membership Program is deemed to have accepted these Terms.

CHANGES TO THE AGREEMENT

We may change these Terms at any time without notice or liability by posting a revised Agreement located on bakcou.com/pages/membership-terms. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Any change shall take effect immediately, unless otherwise provided. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. You may view the current version of this Agreement at any time online on bakcou.com/pages/membership-terms. You may also obtain a copy by emailing Member Services at membership@bakcou.com.

This Agreement was last modified on April 17, 2024.