Loyalty Program Terms and Conditions

  1. Membership & Eligibility

The Airshop Loyalty Program ("Program") is a free rewards program offered by Airshop, Inc. ("Airshop") to its customers located in the U.S. and Canada. Membership in the Program ("Membership") is limited to individuals only and is limited to one account per individual. You must be age 16 years or older and a legal resident of the United States or Canada to be eligible for Membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation.

BY APPLYING FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS"). NO PURCHASE IS NECESSARY TO BECOME AN AIRSHOP LOYALTY PROGRAM PARTICIPANT.

Affiliates of Airshop may also have similar loyalty programs. Membership in the Program does not confer any rights or benefits in the program of any other Airshop affiliate.

  1. Membership Tiers; Earning and Redeeming Airshop Loyalty Program Points

Membership Tiers Generally

There are three tiers of membership in the Program: [Silver], [Gold] and [Diamond]. Achieving [Gold] or [Diamond] status requires a minimum spend per year, as explained below. All membership tiers enjoy a variety of benefits made available by Airshop in its sole discretion from time to time (“Benefits”). Benefits may vary by tier and some tiers may have more Benefits than others. The type, timing and availability of any Benefits (including Rewards (as defined below), special offers, sweepstakes, one of a kind experiences, exclusive events and advance access to products) will be determined by Airshop in its sole discretion.

Airshop may, in its sole discretion, alter, limit, or modify the tier rules, regulations, benefits, eligibility for membership, or any other feature of a particular tier or may terminate a particular tier at any time in its sole discretion, without prior notice except as expressly set out in these Terms or required by applicable law.

Silver

All members are automatically [Silver] upon enrollment. Subject to removal from the Program (as explained in Section 8 below), a member will remain an [Silver] indefinitely unless the minimum annual spend required to achieve [Gold] or [Diamond] status is met.

Gold

[Gold] status is conferred on those registered Airshop Loyalty Program members who spend a minimum of $350 on fulfilled orders of merchandise during one calendar year (January 1st -December 31st). [Gold] status is good for the calendar year in which the Airshop Loyalty Program member qualifies and the following full calendar year; after that, annual requalification is required. If a member does not requalify for [Gold] status and does not qualify for [Diamond] status, the member will revert to [Silver] status.

[Diamond]

[Diamond] status is conferred on those registered Airshop Loyalty Program members who spend more than $1,000 on fulfilled orders of merchandise during one calendar year (January 1st - December 31st). [Diamond] status is good for the calendar year in which the Airshop Loyalty Program member qualifies and the following full calendar year; after that, annual requalification is required. If a member does not requalify for [Diamond] status and does not qualify for [Gold] status, the member will revert to [Silver] status.

Airshop Loyalty Program Points

Under the Program, all three tiers of membership will have 30 Airshop Loyalty Program point credited to their Airshop Loyalty Program account for every U.S. or Canadian dollar spent on fulfilled orders (as applicable based on country of purchase) (a “Airshop Loyalty Program Point”). Airshop Loyalty Program participants can accumulate Airshop Loyalty Program Points on an accelerated basis depending on their membership tier as indicated in the table below:

[Silver] $1 spend = 1.0X points

[Gold] $1 spend = 1.5X points

[Diamond] $1 spend = 2X points

30 points may be redeemed for $1 of merchandise.

We may offer bonus points events from time to time and in that circumstance the bonus points offer would apply. Separate terms and conditions will apply to each bonus points offer.

You must provide your Airshop Loyalty Program registered e-mail address or phone number to have any Airshop Loyalty Program Points credited to your Airshop Loyalty Program account. Airshop Loyalty Program Points previously credited to your Airshop Loyalty Program account will be removed if the order that resulted in such points is cancelled.

Any reference to "merchandise" or the value of merchandise in these Terms for purposes of collecting Airshop Loyalty Program Points includes all Airshop products sold online. It does not include payment for e-gift cards, gift cards, taxes, or shipping.

As part of the Benefits of being a member, your Airshop Loyalty Program Points may be redeemed for merchandise made available by Airshop from time to time in its sole discretion. You are eligible to redeem Airshop Loyalty Program Points for merchandise if you have enough Airshop Loyalty Program Points in your Airshop Loyalty Program account for that specific merchandise. If you do not have enough Airshop Loyalty Program Points in your account for the merchandise, you may use Airshop Loyalty Program Points to reduce the cost of the merchandise.

Airshop Loyalty Program Points themselves have no cash value and can only be redeemed for merchandise. Airshop may, in its sole discretion, allow Airshop Loyalty Program Points to be redeemed for other benefits or items of merchandise from time to time. However, unless expressly permitted by Airshop (like with Airshop Loyalty Program Cash), Airshop Loyalty Program Points are never redeemable for cash, for gift cards or for e-gift certificates.

Airshop Loyalty Program Point Expiration

It's our hope that you redeem your Airshop Loyalty Program Points on a regular basis. All unredeemed Airshop Loyalty Program Points will expire 12 months after they are accrued. If you feel Airshop Loyalty Program Points have been expired in error, please email Customer Service at info@goairshop.com for assistance.

In addition, Airshop Loyalty Program Points will automatically expire if your Membership is revoked or otherwise cancelled for the reasons further detailed in Section 8.

Airshop Loyalty Program Profile Page

Your Airshop Loyalty Program profile page is your destination for everything Airshop Loyalty Program related, including the Benefits associated with your membership tier; your current Airshop Loyalty Program Point balance or Airshop Loyalty Program Point activity stored in your “Airshop Loyalty Program account, and to redeem gifts or access other membership Benefits. Your Airshop Loyalty Program profile page can be accessed by logging into your online account at https://goairshop.com/account#loyalty.v

  1. Agreeing to Airshop's Privacy Policy & Email

Airshop values your privacy. BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY AIRSHOP'S APPLICABLE PRIVACY POLICY (click [https://goairshop.com/policies/privacy-policyterms-of-service) AND OUR WEBSITE TERMS OF USE (click https://goairshop.com/policies/terms-of-service). As is explained in our privacy policies, we use, and retain the information we collect to, among other things, detect security incidents, and protect against malicious, deceptive, fraudulent, or illegal activity, including attempts to manipulate accumulated Airshop Loyalty Program Points and benefits or to violate these Terms.

  1. Communications with Airshop; How to Opt Out

By submitting an application for Membership in the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from Airshop. By signing up to join the Program, you will automatically be subscribed to receive Program emails.

If you do not wish to receive these communications, you can request that they be discontinued by updating your client profile at www.goirshop.com emailing Customer Service at info@goAirshop.com or by texting 877-714-1518.

  1. Changes, Termination and/or Removal From Program

Airshop may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, Rewards, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the Airshop website. 

YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

Airshop reserves the right to exclude individuals from the Program, remove Airshop Loyalty Program Points from a member's Airshop Loyalty Program account and/or cancel orders that are not consistent with Airshop policy in its sole but reasonable discretion. In particular, any abuse, manipulation or "gaming" of the Program or its rules (as determined by Airshop in its sole discretion), failure to follow any terms of the Program, Membership inactivity for more than 12 months, any misrepresentation or any conduct detrimental to the interests of Airshop not otherwise protected by law may subject members to Membership revocation or deduction of Airshop Loyalty Program Points obtained through these abusive or manipulative activities, cancellation of orders and will affect eligibility for further participation in the Program. Airshop uses a third party provider to monitor purchases and identify activities that violate the terms of the Program or Airshop policy. Airshop uses this data to help it make decisions regarding participation in the Program, awarding of Airshop Loyalty Program Points and order fulfillment. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any Airshop Loyalty Program Points in your account will automatically expire. Airshop reserves the right to make changes to its Website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AIRSHOP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON AIRSHOP'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM AIRSHOP AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

  1. Copyright

All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright (c) 2022-2023 Airshop, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of Airshop and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of Airshop or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Airshop is strictly prohibited.

  1. Resolving Disputes

If a dispute should arise between you and Airshop, we want to provide you with a resolution that is efficient and cost effective. In our experience, almost all customer service disputes can be resolved to your satisfaction by our customer service team, reachable by emailing info@goairshop.com or by calling 877-714-1518.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND AIRSHOP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

  1. Agreement to Arbitrate Disputes – U.S. Residents Only

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IF YOU ARE A U.S. RESIDENT, YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and Airshop agree to resolve any claims relating to this Program through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Airshop's intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Airshop may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Program shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Airshop must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.

(3) Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Airshop will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Airshop will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this Agreement shall be held in the United States county where you live or work, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Airshop, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Program terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Airshop.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Airshop in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND AIRSHOP WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Airshop at info@goairshop.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Program terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by signing up for the Program.

  1. Choice of Law/Forum Selection

In any circumstances where the Agreement to Arbitrate Disputes permits Airshop and U.S. residents to litigate in court, these Program Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. If you are a U.S. resident you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco County, California. This provision does not apply to residents of New Jersey.

For residents of Canada, this Agreement will be interpreted in accordance with the applicable laws of the province or territory in which you reside and the applicable laws of Canada.


  1. Severability

The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Airshop, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

  1. California Notice of Financial Incentive

Under California law, loyalty programs may be considered a financial incentive. To view our notice of financial incentive, please visit: https://goairshop.com/pages/notice-of-financial-incentive

  1. Additional Information on the Program

If you have any questions regarding the Program, you may email Customer Service at info@goairshop.com or call 877-714-1518.