Loyalty Program Terms
Loyalty Program Terms
Fragrance Room Inscentives Loyalty Program Terms
Last Updated: July 9, 2018
The Fragrance Room Inscentives Loyalty Program (“Program”) of Global Retail Cosmetics LLC doing business as Fragrance Room is offered to customers of Fragrance Room at fragranceroom.com ("Website").
- AGREEMENT TO PROGRAM TERMS
- ELIGIBILITY FOR THE PROGRAM
- ENROLLMENT IN THE PROGRAM
- EMAIL COMMUNICATIONS
- PROGRAM POINTS AND REWARDS
- MODIFICATION OR TERMINATION OF THE PROGRAM OR ANY REWARDS
- ENTIRE AGREEMENT
- GOVERNING LAW; ARBITRATION; WAIVER OF JURY TRIAL; NO CLASS CLAIMS; TIMELY FILING OF CLAIMS.
- CONTACT INFORMATION
1. AGREEMENT TO PROGRAM TERMS
YOU AND FRAGRANCE ROOM UNDERSTAND AND AGREE THAT SECTION 10 PROVIDES THAT WE EACH AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW, AND YOU HEREBY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND THAT NO CLAIM OR ARBITRATION PROCEEDING UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER CLAIM OR ARBITRATION PROCEEDING, AND NO CLASS PROCEEDINGS SHALL BE PERMITTED.
2. ELIGIBILITY FOR THE PROGRAM
You must be at least 18 years of age or the age of majority in your state of residence (or at least 13 years of age and have the legal consent of a parent or guardian that is at least 18 years old or the age of majority in your sate of residence) and a United States resident to participate in the Program. In the event your account is closed for any reason, all points and rewards will terminate.
3. ENROLLMENT IN THE PROGRAM
You will be automatically enrolled in the Program when you open an account on the Website. Accounts, points and rewards are non-transferable. You agree to provide true and accurate information to Fragrance Room when creating an account and on an ongoing basis. You agree not to use the Website, Program, account, points or rewards in any way that may be fraudulent, in violation of any applicable law, or cause an adverse impact on the Website or Program. Fragrance Room reserves the right to disapprove or terminate your account at any time.
When you create an account, you will select a password. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password and account, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify Fragrance Room at email@example.com of any unauthorized use of your password or account. You authorize Fragrance Room to act on instructions received through use of your password or account. Fragrance Room is not liable for any loss or damage arising from your failure to comply with these Program Terms.
5. EMAIL COMMUNICATIONS
As part of the Program, you will receive email communications concerning the Program, the status of your account and other promotional information. You affirmatively consent to receive these emails from Fragrance Room.
6. PROGRAM POINTS AND REWARDS
The points and rewards offered under the Program are described on the Website, including the Fragrance Room Inscentives FAQ. Additional terms and conditions for certain rewards or other restrictions may be posted on the Website. All rewards are subject to change or termination at any time. Without limitation, please note the following terms and conditions:
a. No cash value and no substitution for any points or rewards.
b. Points and rewards are not redeemable for cash.
c. Points expire after 24 months of account inactivity.
d. Rewards apply while supplies last; as available. Expiration dates may apply to rewards.
e. Points and rewards are not transferable to any other person or account.
f. Points and rewards may not be combined with other offers.
g. Rewards are not applicable to taxes. Taxes will be calculated on full amount.
7. MODIFICATION OR TERMINATION OF THE PROGRAM OR ANY REWARDS
Fragrance Room may modify the Program, points calculations or any rewards, terminate your enrollment in the Program, or cancel the Program entirely, at any time. Any changes to the Program or Program Terms will be posted on the Website. You should check the Website and Program Terms regularly. Your continued participation in the Program following any changes to the Program Terms constitutes your acceptance of the changes. If Fragrance Room modifies the Program or any rewards, cancels the Program or terminates your enrollment, you are not entitled to any compensation for any unused points, rewards or anticipated use of any points or rewards, or otherwise.
The Website and the Program, and all contents thereof, are the property of Fragrance Room or related parties, including without limitation any copyrights, trademarks, and other intellectual property rights. These rights are protected by United States intellectual property laws and other applicable laws. The Website and Program are provided for your personal and non-commercial use only. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Website or Program, or any commercial use, is strictly prohibited. Any information, ideas, suggestions or communications sent by you to the Program become the exclusive property of Fragrance Room, which is not in a fiduciary relationship with you.
9. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Program Terms shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Program Terms shall not be construed against the drafting party.
10. GOVERNING LAW; ARBITRATION; WAIVER OF JURY TRIAL; NO CLASS CLAIMS; TIMELY FILING OF CLAIMS.
These Program Terms shall be governed by and construed in accordance with the laws of the state of New York without giving effect to choice of law principles. Any disputes under or pertaining to the Program Terms shall be submitted to binding arbitration in New York County, New York in accordance with the rules and procedures of the American Arbitration Association ("AAA"), with the exception of any conflicts-of-law provisions heard before the state and federal courts located in New York County, state of New York, USA. If, for any reason, this Arbitration provision shall be found to be invalid or unenforceable in any respect, or you decide to challenge the arbitrator's decision or these Program Terms, or we initiate equitable proceedings, all actions, claims, or disputes arising under or relating to these Program Terms shall be brought exclusively in the federal or state courts of New York County, New York. The non-prevailing party in such proceedings shall pay the prevailing party’s costs and expenses, including but not limited to reasonable attorneys’ fees.
You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in New York County, New York. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in New York County, New York and to the venue of any such suit, action, or proceeding brought in any federal or state court in New York County, New York.
You agree to waive trial by jury in any action, proceeding or counterclaim brought by against Fragrance Room on any matter whatsoever arising out of, relating to, or in any way connected with these Program Terms.
NO CLAIM OR ARBITRATION PROCEEDING UNDER THESE PROGRAM TERMS SHALL BE JOINED TO ANY OTHER CLAIM OR ARBITRATION PROCEEDING, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either you or us may apply to any court of competent jurisdiction for injunctive relief or enforcement of this provision, without breach of this provision. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM THAT YOU MAY HAVE AGAINST FRAGRANCE ROOM WHICH ARISES OUT OF OR IS RELATED TO YOUR USE OF THE LOYALTY PROGRAM OR PROGRAM TERMS MUST BE FILED BY YOU PURSUANT TO THIS SECTION WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
11. CONTACT INFORMATION
Questions about these Program Terms should be sent to us at firstname.lastname@example.org.