C.You will not engage in any of the prohibited activities listed below. The following actions, each as determined by Company in its sole discretion, are strictly prohibited and we may void your Points, and terminate your participation and/or the participation of the person that you refer:
- i. Use multiple accounts, including with different email addresses, for the same person in order to generate additional Points;
- ii. Enter into any agreement with any third-party that compensates the third-party for promoting the Program or your “referral link”;
- iii. Refer persons using spam, display or paid advertising, sponsored links, or links on message boards or forums;
- iv. Use false names, impersonate other people, pretend that one person is two or more separate people, seek to refer yourself, or otherwise provide false or misleading information in connection with this Program;
- v. Refer persons using mass forms of communication, including posting on social media platforms and all communications must be with single individuals;
- vi. Violate these Program Terms in any way.
Points may be redeemed by logged-in users when making a purchase on www.alaffia.com. Users must log in to their account in order to redeem Points, and claim rewards on the Program landing page (www.alaffia.com/pages/rewards) or in the Shopping Cart when checking out on the website.
Unless otherwise specified, Points may not be redeemed in conjunction with other discounts or special offers. Company may limit the number of Points which may be redeemed at one time. Users may redeem only one discount reward per purchase.
Company in its sole discretion reserves the right to determine the redemption options available to users at any given time and to set and modify the calculation or promotional value of Points associated with these redemption options, without notice to users.
The system will update the user’s remaining Points after Points are redeemed. Rewards cannot be applied to past purchases.
EXPIRATION OF POINTS
Unredeemed Points shall expire twelve (12) months after being earned if the customer does not earn Points through Eligible Purchases or referrals. The expiration for unredeemed Points resets to twelve (12) months from the date of any subsequent Eligible Purchases (i.e., Points expire after 12 months of Member purchase inactivity). In addition, Points will automatically expire if a user’s account is revoked or otherwise cancelled in accordance with the Terms of Service.
VALID EMAIL ADDRESS
A current, valid email address is required for a Member to be eligible for select benefits, offers and updates. Member must notify Company of change of email address by updating Member account information online.
RIGHT TO WITHDRAW; RIGHT TO REVOKE
Your participation in the Program is voluntary and you may withdraw at any time. If you cancel your account or withdraw from the Program, you will permanently forfeit any Points, tier status, rewards or other benefits earned on your Member account upon cancellation or withdrawal. To cancel or withdraw your membership, call our toll-free number at 1-800-664-8005 or email us at firstname.lastname@example.org.
Company reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to, if in the sole and absolute discretion of Company, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Program Terms or otherwise earns benefits through deception, forgery and/or fraud. In the event that Company cancels your membership or terminates the Program for any reason, all Points, tier status, rewards or other benefits earned on your Member account will be forfeited.
Company reserves the right to vary any or all of the terms of the Program, to amend these Terms of Service, or to terminate the Program, at any time without notice and without further obligations to users, including, but not limited to, modifications which: a) govern Points earned on and after the date of the change; or b) change the value of already accumulated Points. Notice of any such changes, amendments or termination may be provided to users via email, or by being posted on the www.alaffia.com website and will be effective immediately, unless otherwise stated in such notification.
Program benefits may not be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Member account. Benefits and Points are promotional in nature and have no cash value and are not exchangeable for cash.
All current employees of Company are ineligible to participate in the Program.
Member is responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from Member’s participation in the Program.
Company and each of its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents make no warranty, express or implied, including but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program or any products or services related to such Program.
These Program Terms, the relationship between you and Company, and Company’s rewards program, shall be governed by, construed, and enforced in accordance with the laws of the State of Washington, without giving effect to any conflict of law provisions. Any dispute between the parties that is not subject to arbitration (as set forth below) or cannot be heard in small claims court will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in Pierce County, Washington.
MANDATORY ARBITRATION OF ALL DISPUTES. NO CLASS ACTIONS.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Company and our respective officers, directors, agents, partners and employees (the “Alaffia Parties”) and limits the manner in which you can seek relief from Company, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
- No Representative Actions. You and the Alaffia Parties agree that any dispute arising out of or related to these Program Terms or the Program is personal to you and the Alaffia Parties and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or the Alaffia Parties seek to bring an individual action in small claims court located in the county of your billing address, or disputes in which you or the Alaffia Parties seek injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and the Alaffia Parties waive your rights to a jury trial and to have any other dispute arising out of or related to these Program Terms or the Program, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against the Alaffia Parties you agree to first contact the Alaffia Parties and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Alaffia by email at email@example.com or by certified mail addressed to Alaffia, Attn: Legal Department 8109 RIVER DR SE OLYMPIA, WA 98501. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Company’s notice to you will be similar in form to that described above. If you and the Alaffia Parties cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings may be held via phone or video conferencing, or in Olympia, Washington. You and the Alaffia Parties agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
- You and the Alaffia Parties agree that these Program Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Program Terms and the JAMS 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. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
- The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, the Alaffia Parties, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
- You and the Alaffia Parties agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and the Alaffia Parties will pay the remaining JAMS fees and costs. For any arbitration initiated by the Alaffia Parties, the Alaffia Parties will pay all JAMS fees and costs. You and the Alaffia Parties agree that the state or federal courts of the State of Washington and the United States sitting in Pierce County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and the Alaffia Parties will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this arbitration section by emailing us at firstname.lastname@example.org, or by sending your opt out via certified mail addressed to Alaffia, Attn: Legal Department 8109 RIVER DR SE OLYMPIA, WA 98501. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with this Section.
- If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Program Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
RELEASE OF LIABILITY AND LIMITATION ON DAMAGES
To the fullest extent permissible under applicable law, Company is not responsible or liable for any direct, indirect, incidental, consequential, or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, to Members’ participation in the Program. This applies even if foreseeable or even if Company has been advised of the possibility of such damages. In New Jersey, this limitation applies only to claims based on breach of warranty.
Company is not responsible for (a) any loss or misdirection of, or delay in receiving, any application, redemption requests, Points, rewards, or Member benefits; (b) theft or unauthorized redemption of Points, rewards, Member benefits or use of Points, rewards, or Member benefit; (c) any acts or omissions of third parties; or (d) any errors made or published in relation to the Program, including, without limitation, any pricing or typographical errors, errors of description, and errors in the adding, subtracting, crediting, and/or debiting of Points or rewards to/from Member accounts. Company reserves the right to correct (with or without notice) any such errors.
All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned by Company and may be registered in the United States and internationally.