ELEMENTAL WELLNESS REWARDS PROGRAM
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE ELEMENTAL WELLNESS REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN OR ACCESS THE ELEMENTAL WELLNESS REWARDS PROGRAM.
These Terms and Conditions of Use apply to your access to, and participation in, the Elemental Wellness Rewards program in the United States (“Elemental Wellness Rewards”), which is operated by Elemental Wellness or its respective subsidiaries, licensees and affiliated companies (collectively, “Elemental Wellness “). These Terms and Conditions of Use do not alter in any way the terms or conditions of any other agreement you may have with Elemental Wellness for other products or services.
CHANGES TO TERMS
Elemental Wellness reserves the right to change or modify these Terms and Conditions of Use or any policy, FAQ, or guideline pertaining to the Elemental Wellness Rewards Program, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and will be posted to https://elementalwellnesscenter.com/terms-conditions, so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in Elemental Wellness Rewards Program following any such changes or modifications confirms your acceptance. If you do not agree to these Terms and Conditions of Use, as may be changed or modified, you must stop accessing and participating in the Elemental Wellness Rewards Program.
USE AND AGE LIMITATION
Elemental Wellness Rewards is intended for personal use only. Commercial use is prohibited. Elemental Wellness Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 21. In addition to expiration as set forth below, we may set other limitations on redemption, including by requiring in store redemption and/or by limiting periods, days, or hours of redemption.
ABOUT ELEMENTAL WELLNESS REWARDS PROGRAM
Elemental Wellness Rewards Program is one way in which Elemental Wellness endeavors to reward and thank loyal customers for patronizing our business and purchasing Elemental Wellness products. Elemental Wellness Rewards Program customers are able to earn and accumulate “Elemental Points” that can be redeemed for Elemental Wellness Rewards Program benefits (“Rewards”) at Elemental Wellness.
JOINING ELEMENTAL WELLNESS REWARDS PROGRAM
To join Elemental Wellness Rewards Program, go to https://elementalwellnesscenter.com/registration and follow the prompts to create an account. You will be required to provide the following information:
First and last name, email address and password.
Birthday (month, day, year).
EARNING ELEMENTAL POINTS
The Rewards that are available to you through Elemental Wellness Rewards Program are based on the number of Elemental Points that you earn. You can earn Elemental Points by making purchases at Elemental Wellness in the following ways:
You may earn 1 Elemental Point for every $1 (one) U.S. Dollar spent.
EXCLUSIONS TO EARNING ELEMENTAL POINTS
You may not earn Elemental Points in connection with purchases we chose to exclude, or with certain types of beta or promotional programs. In addition, you cannot earn Elemental Points on taxes, tips, donations, and fees, including without limitation, shipping and handling fees, gift wrapping fees, delivery fees, and bag fees.
RETURNS
If you void a purchase, Elemental Wellness will deduct the Elemental Points that you earned for that purchase, potentially resulting in a negative Point balance on your account.
POINT EXPIRATION
Unless otherwise noted, Elemental Points automatically expire one (1) year after the calendar month in which such Elemental Points were earned. For example, if you earn Elemental Points on December 15, 2021, they will expire on December 15, 2022. The oldest accrued Elemental Points will be used first for redemptions.
OTHER IMPORTANT INFORMATION YOU SHOULD KNOW
These Terms and Conditions of Use complement and incorporate by reference any other agreement you may have with us, including our general Elemental Wellness Terms & Conditions. In the event of any conflict between the Elemental Wellness Terms & Conditions and these Terms and Conditions of Use, the Elemental Wellness Terms & Conditions control.
Our Privacy Statement is incorporated into these Terms and Conditions of Use and also governs your participation in Elemental Wellness Rewards Program. Please read our Privacy Statement carefully to understand how we collect, use and disclose information about customers, how to update or change your personal information, and how we communicate with you.
There are no participation or customer fees associated with Elemental Wellness Rewards Program. Elemental Points accrued in connection with Elemental Wellness Rewards Program are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Elemental Points accrued in connection with Elemental Wellness Rewards Program cannot be combined with any other offers or discounts, unless otherwise expressly indicated by Elemental Wellness.
Your Elemental Points, Rewards and Elemental Wellness Rewards Program account 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) Elemental Wellness Rewards Program account that is personal to you.
Without notice to you, Elemental Wellness reserves the right to limit or terminate your participation in Elemental Wellness Rewards Program if Elemental Wellness determines, in its sole discretion, that you have violated these Terms and Conditions of Use or that the use of your Elemental Wellness Rewards Program account is unauthorized, deceptive, fraudulent or otherwise unlawful, or for any other reason in our sole discretion. Elemental Wellness may, in its sole discretion, suspend, cancel or combine Elemental Wellness Rewards Program accounts that appear to be duplicative. In the event that your participation in Elemental Wellness Rewards Program is terminated, all accrued Elemental Points in your account are void.
Without notice to you, Elemental Wellness also reserves the right to “unregister” and make ineligible for Elemental Wellness Rewards Program that has been inactive for two (2) consecutive years. Inactivity is defined as no Elemental Points earned during such two (2) consecutive year period. In the event that your Elemental Wellness Card or account is unregistered or rendered inactive, all accrued Elemental Points in your account are void.
Elemental Wellness reserves the right to change, modify, discontinue or cancel Elemental Wellness Rewards Program or any part of the Elemental Wellness Rewards Program, at any time and in its sole discretion, without notice to you.
NOTICES
You agree that we may provide updates, notices, disclosures and amendments to these Terms and Conditions of Use, and other information relating to the Elemental Wellness Rewards Program by electronic means, including posting such information and materials online at https://elementalwellnesscenter.com/terms-conditions.
ARBITRATION
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of 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 and Conditions 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 and Conditions of Use, your access to or participation in Elemental Wellness Rewards Program, or your relationship with us. Any dispute or claim arising out of or relating to these Terms and Conditions of Use, your access to or participation in Elemental Wellness Rewards Program, or your relationship with Elemental Wellness 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.
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 using the appropriate link at https://elementalwellnesscenter.com/about-us 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 and Conditions of Use. The AAA Rules and information about arbitration and fees are available online at http://www.adr.org. You and we agree that these Terms and Conditions 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 be 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 and Conditions 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. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial filing fee, and for claims of less than $1,000, Elemental Wellness will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.
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 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 and Conditions of Use or your access to or participation in Elemental Wellness Rewards Program will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. 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 the State of California.
SEVERABILITY
If any provision or part of a provision of these Terms and Conditions of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions of Use and does not affect the validity and enforceability of any remaining provisions.
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