1. What is the Value Pack?
The Suunto Value Pack (“Value Pack”) is a bundle of benefits, such as discounts or free trial memberships, offered to consumers that have (i) purchased a new Suunto connectable device from Suunto Oy (“Suunto”) or the official authorized distributors of Suunto’s products and (ii) have connected the device to the mobile Suunto App. The Value Pack is free of charge but using the benefits may lead to charges from the providers of the services that the benefits relate to. You may, at your sole discretion, decide whether to use any of the benefits.
The Value Pack is subject to these terms and conditions.
The Value Pack is not a part of Suunto’s products, applications or services nor an individual product or service. The Value Pack does not constitute a recommendation or inducement by Suunto for you to use the products or services related to the benefits.
2. What Is the Content of the Value Pack?
The Value Pack may contain discounts and other benefits from Suunto and Suunto’s partners.
The content and the availability of the Value Pack changes from time to time. The content and availability of the Value Pack may also differ from country to country and between different connected Suunto devices. The Value Pack is not available in all countries and regions.
The content of the Value Pack is displayed at the Value Pack site at Suunto.com. However, the Value Pack received in connection with a particular Suunto device may not be the same as displayed in Suunto.com at any given time.
The individual benefits in the Value Pack may be subject to further restrictions, terms and conditions you must comply with. They may also be subject to requirements you must fulfill to be eligible for the benefit. You may not be able to redeem certain benefits if you are not eligible for them. For example, a free trial period of a service offered by Suunto’s partner may only be available to the new customers of the partner. You may, thus, not be eligible for it if you are already using the service.
3. Who Can Receive a Value Pack?
Individual consumers who both have a new connectible Suunto device and connect the device to the mobile Suunto App are eligible to receive the Value Pack. However, Suunto does not guarantee that all such consumers will receive the Value Pack as the Value Pack may not always be available and may not be offered in connection with all devices or within all countries at all times.
Each device can only be connected and registered once to receive the Value Pack. Thus, second-hand devices do not entitle you to the Value Pack if the previous owner has already connected the device.
The devices that enable the Value Pack are indicated at the Value Pack site at Suunto.com. However, even if the device is indicated to enable the Value Pack, it is not a guarantee that the purchaser of the device will receive the Value Pack or any specific content in the Value Pack.
The benefits of the Value Pack are personal and may not be transferred to another person or entity.
4. How Will You Receive the Value Pack?
To receive the Value Pack, you will need to connect a new Suunto connectible device to the mobile Suunto App and register in the application. You will receive the Value Pack to the e-mail address that you use in the registration process.
You will receive the latest Value Pack that is available at the time you connect the device and register your information.
You will need to connect the new device to the Suunto App and register your information within two (2) months of the purchase date of the device at the latest to receive the Value Pack.
If you do not receive the Value Pack by e-mail, you may contact Suunto customer care for assistance. You may contact Suunto customer care online at: https://www.suunto.com/en-us/Support/customer-support/.
You will find more information on the current Value Pack, the supported devices and how to get the Value Pack at the Value Pack site at Suunto.com. The site also contains information on the countries and regions where the Value Pack is available.
5 What is the Liability of Suunto for the Value Pack?
Suunto does not give any explicit or implicit warranties on the Value Pack, its content or availability, including without limitation, any implied warranty of merchantability, non-infringement, or fitness for a particular purpose. The purchasers of the Suunto devices or users of the Suunto App should not base their purchase decision of the device or the use of the Suunto App or other services to the Value Pack in any extent.
Suunto is not liable for the individual benefits in the Value Pack, their validity or other properties.
Suunto expressly disclaims any liability for the benefits of Suunto’s partners offered in the Value Pack and for the products and services of Suunto’s partners purchased or consumed by using the benefit. You should contact the company who has issued the benefit in case of any questions or issues concerning the validity or other properties of the benefit or the related products and services.
Suunto expressly disclaims any and all liability for any direct, indirect, incidental, punitive, consequential, or special damages of any type whatsoever arising from or relating to the Value Pack, use of the services or features that the Value Pack relates to, or these terms and conditions.
6. What Are the Other Terms and Conditions Relating to the Value Pack?
Suunto reserves the right to modify these terms and conditions at any time without prior notice.
These terms and conditions shall neither exclude nor limit any of your mandatory rights in your country of residence. If a provision of these terms and conditions is found to be invalid, the validity of the remaining provisions shall not be affected, and the invalid provision shall be replaced with a valid provision that comes closest to the result and purpose of these terms and conditions.
Except where prohibited by applicable mandatory law, these terms and conditions shall be governed by the laws of Finland without regard to its conflict of law provisions.
If you are a US resident the following shall apply:
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, UNLESS YOU HAVE BROUGHT AN ELIGIBLE INDIVIDUAL CLAIM IN SMALL CLAIMS COURT OR HAVE OPTED OUT AS DESCRIBED BELOW, ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO THE VALUE PACK WILL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. You may learn more about the American Arbitration Association and its rules for arbitration by visiting www.adr.org or by calling 800-778-7879.
To the greatest extent permitted by applicable law, the filing fees to begin and carry out arbitration will be shared between you and Suunto, but in no event will your fees ever exceed the amount allowable by the American Arbitration Association, at which point Suunto will cover all additional administrative fees and expenses. Suunto waives its right to recover attorneys’ fees in connection with any arbitration under this warranty. If you are the prevailing party in an arbitration to which the Supplementary Procedures for Consumer-Related Disputes applies, then you are entitled to recover attorneys’ fees as the arbitrator may determine.
The dispute will be governed by the laws of the state or territory in which you resided at the time of your purchase. The place of arbitration will be Cook County, Illinois, or your county of residence. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator will not award consequential damages, and any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor Suunto nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior written consent of you and Suunto.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. SUUNTO AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
Exceptions to Binding Arbitration Agreement and Class Action Waiver
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, THEN: (1) you must notify Suunto in writing within sixty (60) days of the date that you purchased the Product; (2) your written notification must be mailed to Suunto at 130 E. Randolph Street, Suite 600, Chicago, IL 60601, Attn: Legal Department; and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased the product, and (d) a clear statement that you wish to opt out of the binding arbitration agreement and class action waiver. In addition, you may pursue an individual claim in small claims court in your county of residence or in Cook County, Illinois. In such case the provisions of the section titled “Binding Arbitration Agreement; Class Action Waiver” will not apply, but the rules and limitations of the small claims court shall apply.
Additional Exclusions and Limitations
SUUNTO WILL NOT BE RESPONSIBLE FOR LOSS OF USE, LOSS OF INFORMATION OR DATA, COMMERCIAL LOSS, LOST REVENUE OR LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE VLAUE PACK, EVEN IF SUUNTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.