IMPORTANT NOTICE: THESE TERMS OF USE INCLUDE A WAIVER OF CLASS ACTION RIGHTS. Welcome to the Terms and Conditions (these “Terms”) for the Buffs Premier Fan Loyalty Program (the “Program”).  These Terms are between you and Two Circles Inc. (“Two Circles”, “we” or “us”) and govern your membership in and your activities relating to the Program.  Two Circles operates the Program on behalf of University of Colorado Athletics. Please note that your membership in the Program (your “Program Membership”) and use of the Program website located at https://buffspremier.cubuffs.com (the “Program Website”) is also governed by these Terms, as well as all other applicable terms, conditions, limitations, and requirements set forth on the Program Website or otherwise provided to you in connection with the Program, all of which (as may be changed over time, in our sole discretion) are incorporated into these Terms. By registering for a Program Membership, you accept and agree to these Terms. 

The Program is a fan membership program offered by Two Circles for fans of University of Colorado Athletics aged 18 or older.  Enroll online at https://buffspremier.cubuffs.com/myaccount. Program Membership is limited to one Program account per email address. 

Your Program Membership begins when you register and pay for a particular Program Membership Tier more particularly described on the Program Website (each such Tier, a “Tier”) and continues for an initial period of twelve months thereafter (the “Program Term”).  Your Program Membership will automatically renew for an additional twelve month period at the conclusion of the Program Term unless you cancel by contacting customer support at https://help.buffspremier.com/ or following the instructions provided in your reminder e-mail.   When you register for your Program Membership at a particular Tier, your payment card on file will be charged automatically monthly or yearly based on the preference you indicated upon purchase of your Program Membership.  At the time of renewal, you will be automatically charged monthly or yearly, the amount for your chosen Tier of Program Membership in accordance with your initial payment selection, unless you notify customer support in advance through the Program Website of your decision to not renew or to change your payment cadence. Program Membership fees are not refundable. The Tiers vary in price and eligible benefits, as more specifically described on the Program Website. Two Circles reserves the right to modify the Tiers, including the pricing and benefits associated with each at any time.  Any such changes will be posted on the Program website and will become effective immediately upon posting, unless otherwise stated. 

Each Tier contains certain rewards and benefits, as more specifically described on the Program Website (each, a “Reward”, and collectively, the “Rewards”).  Some Reward offers are for a limited time while other Rewards may be offered on a first come, first served basis, or as part of a sweepstakes or contest.  In any event, there is no guarantee of availability of any particular Reward at any particular time. The types of Rewards available during the Program Term will vary and are at the discretion of Two Circles and its partners. Redemption quantity limits may apply based on the Reward. Rewards are non-refundable and non-exchangeable.  Some Rewards listed on the Program Website may not be available to you based on your age, location, and/or Tier, or any other factor (or combination of factors), as determined by Two Circles in its sole discretion.  Additionally, some Rewards may be subject to expiration dates, in which case the expiration date will be disclosed in the item description on the Program Website. It is the sole responsibility of the participant to use the Reward prior to its expiration date.  If a Reward expires and was not used, such Reward will not be replaced. Physical and merchandise Rewards will only be shipped to addresses within the U.S., Canada and Mexico.  The redeemer of a Reward is responsible for all duties and/or fees associated with such Reward delivery.  Shipping restrictions will be noted in the item description on the Program Website. 

Two Circles reserves the right to suspend a participant’s account if it discovers or suspects that a participant has not complied with these Terms or any other terms and conditions applicable to the Program or Rewards, or has otherwise abused or manipulated the Program in any way, as determined in its sole discretion. In particular, any abuse, manipulation or “gaming” of the Program or its rules (as determined by Two Circles), failure to follow any terms of the Program, any misrepresentation, or any conduct detrimental to the interests of Two Circles not otherwise protected by law may subject participants to account revocation and may affect eligibility for further participation in the Program.  A participant’s account is non-transferable and Reward redemptions must be made by the participant. Participants are solely responsible for the security of their accounts and for all activity conducted with their account.   

All Program account information and personal information of participants that is collected, used, disclosed or otherwise processed during any Program related activity is subject to the Two Circles privacy statement, which is incorporated herein by reference and can be found at:  https://buffspremier.cubuffs.com/privacy-policy.  Two Circles may update its privacy statement in its sole discretion. 

From time to time, Program participants may be offered opportunities to participate in sweepstakes and promotions.  The official rules of any such sweepstakes or promotion are located at: https://buffspremier.cubuffs.com/terms-and-conditions (the “Contest Rules”).  Along with these Terms, the Contest Rules will set forth the eligibility requirements and other details and will govern such sweepstakes or promotions.  Two Circles may update the Contest Rules in its sole discretion from time to time. 

By creating a Program account, you agree to these Terms, and to the terms of use established on the Program Website generally, which are incorporated herein by reference and can be found at this link: https://buffspremier.cubuffs.com/terms-and-conditions.  Participants are responsible for keeping their email and profile information current in their account registration.  Two Circles is not responsible for any electronic notifications that are undeliverable or misdirected. Participants may post or share information about their participation in the Program, Rewards redeemed, and/or other details about their participation in the Program on their personal social media profiles, if desired, however, participants may not modify the images or any other trademarks, copyrights or other intellectual property rights of Two Circles, University of Colorado Athletics or any participating partners or other third parties and must not display any such images, trademarks or intellectual property in a way that suggests sponsorship, endorsement, or a false association with Two Circles, University of Colorado Athletics or other third parties.  Participants may not otherwise copy, reproduce, alter, modify, create derivative works from, or publicly display any content from the Program Website without prior, express written permission of Two Circles. Nothing in the Program grants any participant any ownership rights or other rights to use, transmit, distribute, or display the name, trademarks, service marks, logos, copyrights, or other intellectual property of Two Circles, the Program, University of Colorado Athletics or other participating partners and third parties in any medium whatsoever. Two Circles is not responsible for any interruption in the Program Website or any other errors, and/or omissions on the Program Website, whether caused by Two Circles or otherwise. Two Circles does not guarantee continual, uninterrupted, or error-free service or use of the Program Website during any Reward redemption process or otherwise.  Participants acknowledge that Reward redemptions are conducted electronically and may rely on hardware and software that may malfunction without warning. Two Circles, in its sole discretion, may void any Reward, temporarily suspend Reward redemptions, and/or remove any Reward that was affected by any malfunction. Two Circles is not responsible for and shall not be liable for: (i) late, lost, garbled, delayed, damaged, misdirected or incomplete notifications, e-mails, shipments, or other communications; (ii) telephone, electronic, hardware, or software program, network, Internet, or computer or electronic device malfunctions, failures, or difficulties; (iii) errors in data or message transmission; (iv) any condition caused by events beyond the control of Two Circles that may cause the Program to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind to any person or property resulting from participation in the Program, participation in any activity related to or connected with the Program, or the redemption or use of any Reward redeemed in the Program; or (vi) any printing or typographical errors in any materials associated with the Program. If you use a mobile device to access the Program Website or participate in Program activities or Reward redemptions, standard data charges may apply from your carrier. 

YOU EXPRESSLY AGREE THAT YOUR ENROLLMENT, MEMBERSHIP, PARTICIPATION AND USE OF THE PROGRAM, INCLUDING THE PROGRAM WEBSITE AND APPLICATIONS, AND ANY REWARDS (INCLUDING EVENTS ATTENDED, MERCHANDISE OBTAINED AND ANY OTHER PARTICIPATION RELATED TO REWARDS) IS AT YOUR SOLE RISK. None of Two Circles, University of Colorado Athletics and any of their respective present or future affiliates, partners, agents, employees, successors, assigns or third-party content providers, vendors or licensors (collectively, the “Limited Parties”) warrant that the Program or Program Website will be uninterrupted or error-free; nor do they make any warranty as to the Rewards or results that may be obtained from use of the Program or Program Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided by or through the Program. The Program Website and applications may contain links to third party websites. Access to any other Internet site linked to the Program Website is at participant’s own risk and the Limited Parties are not responsible for the accuracy, completeness or reliability of any information, data, opinions, advice or statements made on these sites, or for any virus, bugs, malicious code or other harmful software or damage to your computer, mobile devices, software, or other property. The Program, Program Website and applications, including, without limitation, any downloadable software, is provided on an “as-is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title, non-infringement, accuracy, completeness, including without limitation implied warranties of merchantability or fitness for a particular purpose. Participants specifically acknowledge that the Limited Parties shall not in any event be liable for the defamatory, offensive or illegal conduct of other Program members, users or third parties and that the risk of injury from the foregoing rests entirely with each participant. To the fullest extent permissible by applicable law, in no event shall the Limited Parties be liable to you or anyone else for any personal injury (including death), property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct, indirect, special, incidental, consequential, exemplary or punitive damages based on any theory of liability or causes of action whatsoever arising out of or relating to participation in the Program or use of the Program Website or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the Program, Rewards, Program Website, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the Program Website. Each participant hereby acknowledges this “Limitation of Liability” provision applies to all content and features of the Program, Program Website and applications. You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or any other theory of liability even if the Limited Parties are advised of the possibility of such loss or damage. Without limiting the generality of the foregoing, you also specifically acknowledge that the Limited Parties are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of twocircles.com or any other third parties. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU 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.  

Each participant in the Program shall defend, indemnify and hold harmless each of the Limited Parties from and against all claims, damages, losses and expenses, including attorneys’ fees, arising out of the use of the Program, Program Website and/or arising out of use of your Program account and any Rewards (whether or not by you), and/or arising out of your other acts or omissions relating to the Program. Two Circles reserves the right to take over the exclusive defense of any claim for which it may be entitled to indemnification under this  “Indemnification” provision. In such event, you shall, at your own cost, provide Two Circles with such cooperation as is reasonably requested by Two Circles. 

PLEASE READ THIS SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. EXCEPT FOR A CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, YOU AND TWO CIRCLES AGREE TO RESOLVE ANY COVERED DISPUTE WITH THE PROCESS DESCRIBED BELOW IN THIS DISPUTE RESOLUTION AND INDIVIDUAL ARBITRATION AGREEMENT (“DISPUTE RESOLUTION AGREEMENT”), WHICH INCLUDES AN AGREEMENT TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. 

A. Covered Disputes and Arbitration Requirement.  Any and all disputes between you and Two Circles and/or University of Colorado Athletics arising from or relating to the Program or these Terms including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under the AAA’s Consumer Arbitration Rules in effect on the date the claim was filed, available at www.adr.org.  The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, including public injunctive relief, and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the above, you or Two Circles can bring any individual claim in small claims court consistent with the jurisdictional limitations of such court. B. Governing Law.  For purposes of this section, these Terms and Covered Disputes will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (“FAA”). To the extent state law applies to any portion of a proceeding brought by you or Us, the applicable law will be the law of the State of Colorado. C. Fees and Costs.  The AAA consumer rules will apply to determine the costs and expenses due from each party.  In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, you may be eligible for a waiver of fees under AAA’s rules.    D. Mass Arbitration.  If 25 or more demands for arbitration are filed within one calendar year relating to the same or similar subject matter and sharing common issues of law or fact, the AAA’s Mass Arbitration Supplementary Rules and Consumer Mass Arbitration and Fee Schedule shall apply. However, if 1,000 or more mass arbitration demands are filed consistent with the requirements of this Dispute Resolution Agreement to individual arbitration, the relative advantages and efficiencies of arbitration may be lost. In that circumstance, you or we may elect to resolve the Covered Dispute by a putative class action filed in the state or federal courts encompassing University of Colorado. In that case, you and we agree not to object to the filing of a putative class action concerning the Covered Dispute, but do not waive any jurisdictional or other rights under the U.S. Constitution or Federal Rules of Civil Procedure, including the right to contest class certification under Rule 23.    E. Location.  At your election, the arbitration will take place in the county in which you reside or, if you choose, by telephone, video conference, or based on the parties’ written submissions. F. Required Pre-Arbitration Dispute Resolution.  Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice, along with any supporting documents and information, of its intent to file for arbitration (“Notice of Dispute”). Two Circles will provide the Notice of Dispute by e-mail to your e-mail address on file with Two Circles and you must provide the Notice of Dispute by e-mail to help@buffspremier.com. The Notice of Dispute must be personally signed with wet ink or digital signature (e.g., DocuSign) by you or a responsible employee of Two Circles. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes and the statute of limitations will be tolled for 60-days from the date the Notice of Dispute is received . Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. This provision is a precondition to any arbitration demand, and any party making an arbitration demand must certify that it has complied in good faith with the requirement when filing an arbitration demand and AAA may not accept any demand without this certification. G. CLASS ACTION WAIVER.  TWO CIRCLES AND YOU AGREE THAT ANY COVERED DISPUTE SUBMITTED TO ARBITRATION OR SMALL CLAIMS COURT WILL BE ON AN INDIVIDUAL BASIS ONLY (EXCEPT AS SET FORTH IN THE “MASS ARBITRATION” PROVISION DESCRIBED ABOVE). NEITHER TWO CIRCLES NOR YOU ARE ENTITLED TO ARBITRATE ANY COVERED DISPUTE AS A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY ACTION (EXCEPT AS SET FORTH IN THE “MASS ARBITRATION” PROVISION DESCRIBED ABOVE) AND THE ARBITRATOR(S) WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL BASIS (EXCEPT AS SET FORTH IN THE “MASS ARBITRATION” PROVISION DESCRIBED ABOVE). If any provision of this Dispute Resolution Agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). 

If you have any questions or need assistance regarding the Tiers, any Rewards or any other matter concerning your participation in the Program, please contact the customer support through the Program Website via https://help.buffspremier.com/.