Aveda Pure PrivilegeSM Loyalty Program: Terms and Conditions of Participation
PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE AVEDA PURE PRIVILEGESM PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
SECTION 8 BELOW CONTIANS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR RIGHTS. PLEASE READ THEM.
1. Membership Eligibility and Overview
1.1. The Pure PrivilegeSM Program (“Program”) is offered at the sole discretion of Aveda Corporation (“Aveda,” “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years or older and who provide and maintain a valid e-mail address are eligible to become members. No purchase is necessary to join the Program, but a one-time, nonrefundable enrollment fee of ten dollars ($10) is required in order to register for the Program. The Program cannot be used for any business or commercial purposes and we may refuse to create an account for any reason. Employees of Aveda and The Estée Lauder Companies and its affiliates, and such employees’ family members (i.e. immediate family members residing in the same household as the employee) are not eligible to participate in the Program. Individuals employed by salons, spas and retail locations that participate in the Program, and family members of such individuals, are not eligible to participate in the Program.
2. Program Enrollment
2.1. Eligible individuals may enroll in the Program through one of the following options:
2.1.1. Visit www.aveda.de (collectively, the “Site”) and follow the Program prompts to register for the Program;
2.1.2. Visit an Aveda owned and operated retail store (i.e. Aveda Experience Center) or institute and tell an associate you would like to register for the Program; or
2.1.3. Visit an Aveda partner retail location, salon, spa or institute that participates in the Program and tell an associate you would like to register for the Program.
2.2. You are required to provide your full name, mailing address and e-mail address, in order to enroll. If you enroll at the Site, you must create a password in order to enroll. You may also be given the opportunity to provide your birth date and phone number, but this information is optional. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site or by contacting Aveda Customer Service at 1-800-230-8051.
2.3. Only one Program account may be associated with a single member and a single e-mail address. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be the authorized account holder of the e-mail address submitted at the time of enrollment. For purposes of these Program Terms, the "authorized account holder" is the natural person who is assigned to the submitted e-mail address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
3. How the Program Works and Program Benefits
3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products. You are able to earn points by making eligible purchases. Purchases made at (1) Aveda-owned freestanding retail stores (i.e. Aveda Experience Center) and institutes, (2) Program-participating partner salons, spas, retail locations and institutes and (3) the Site are eligible for the Program. For your purchase to qualify for the Program, you must be enrolled in the Program and (a) your Pure PrivilegeSM membership must be linked to your online account at the time of purchase on the Site; or (b) you must provide your Program member identification card when making your purchase at an Aveda-owned retail store (i.e. Aveda Experience Center) or Program-participating salon, spa, retail location or institute. Failure to present a membership identification card at time of purchase may delay point accumulation or prevent you from receiving points. Once you earn a certain number/level of points, you may be eligible for certain rewards applicable to that number of points, which rewards may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to earn points will be posted on the Site or may be published through other media (e.g., in-store, in marketing communications, social media, etc.). Visit our FAQs [http://www.aveda.de/pureprivilege] to learn more about earning points.
3.2. Program members earn 10 points for every $1 spent on qualifying purchases at Program-participating locations in the United States and the Site. You may also earn bonus points for qualifying purchases made during exclusive promotions. Terms and conditions apply; see details of each promotion for more information. Qualifying purchases include regular-priced Aveda merchandise, and exclude sales tax, services, Aveda eGift Cards, spa/salon/boutique gift cards, promotions (unless otherwise specified by us) state fees, shipping charges, delivery charges or other excluded charges specified by us from time-to-time. Program members also earn: 10 points for every £1 spent on qualifying purchases at Program-participating locations in the United Kingdom and Northern Ireland; 10 points for every $1 CAD spent on qualifying purchases at Program-participating locations in Canada; and 7 points for every €1 spent on qualifying purchases at Program-participating locations in the Republic of Ireland. Members will earn points on purchases of Aveda Gift Cards at Aveda-owned retail stores (i.e. Aveda Experience Center), but members do not earn points when redeeming Aveda Gift Cards for a qualifying Aveda purchase. Members earn points when redeeming Aveda eGift Cards on www.aveda.de, but members do not earn points on purchases of Aveda eGift Cards. Aveda Gift Cards and Aveda eGift Cards cannot be returned or exchanged for cash, except as required by law.
3.3. Purchases made in salons, spas, department stores and retail stores that are not eligible to participate in the Program do not qualify for the Program, and you will not earn points on such purchases.
3.4. Neither accounts nor rewards and/or points may be shared or combined. Only the member paying for the products may accumulate rewards and/or points. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time.
3.5. Points earned through the Program will expire if your account becomes inactive. To keep your account active, you must make a purchase under your Program account within 24 months by either: (1) logging into your Program account on the Site and making a purchase; or (2) presenting your Program member identification card when making a purchase at Aveda-owned retail stores (i.e. Aveda Experience Center) and institutes or at Program-participating salons, spas, retail locations and institutes. Membership will expire if a member is inactive for a period of 24 months or more.
3.6. Rewards and/or points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances and/or points credited to your Program account will be decreased or reversed, as applicable, if part or all of the purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Program Terms as determined by us in our sole discretion. The sale, barter, transfer, donation, auction or assignment of any rewards offered through the Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned or points awarded under the Program are the responsibility of the member.
3.7. Rewards cannot be exchanged or returned for points, another product or a monetary refund.
3.8. The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Program Terms.
3.9. We are not responsible for rewards and/or points lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen or otherwise destroyed. We are not responsible for a third party merchant’s failure to honor rewards.
3.10. We reserve the right to change Program rewards/benefits, how you earn points and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any point level, the number or types of rewards you may receive or earn at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof.
3.11. It may take up to 30 days for eligible purchases to post to your account. If you make a qualifying purchase at the Site, points will be added to your online account when your qualifying purchase ships. We are not responsible for failure, delay or error by a Program-participating store, salon or spa location in notifying us of points to be credited. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact Aveda Customer Service at 1-800-230-8051 or e-mail at firstname.lastname@example.org. You must specify your Program membership number, the date of the Program activity, and the issue(s) you encountered. You may be required to validate your account by providing your name, phone number, address, e-mail address and/or birth date associated with the account. You must contact Aveda Customer Service via e-mail or telephone within one-hundred and twenty (120) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
3.12. Rewards can only be redeemed in Aveda-owned freestanding retail stores (i.e. Aveda Experience Centers) in the United States; Program-participating salons, spas, retail locations and institutes in the United States; on the Site; and by calling Aveda Customer Service at 1-800-230-8051 from within the United States. Specific rewards vary based on location and are subject to store/Site availability.
3.14. Program members are eligible to receive one (1) birthday gift per member per year. If you have provided your birth date, your birthday gift certificate (w/offer code) will be mailed to you within 28 days of your birth date at the mailing address registered to your account. During the month of your birthday and prior to the expiration date on your birthday gift certificate, you can redeem your Program birthday gift by either: (1) logging into your Program account on the Site, making a purchase (excluding travel-sized products) and providing your offer code; or (2) presenting your Program member identification card and birthday gift certificate at an Aveda-owned retail store (i.e. Aveda Experience Center) or institute or at a Program-participating salon, spa, retail location or institute. Birthday gifts cannot be transferred, delayed, exchanged or returned. Specific birthday gift rewards may vary based on location and are subject to store/Site availability.
4. Marketing Communications
4.1. By enrolling in the Program, you will be automatically subscribed to receive and consent to receive Program related e-mails, including Program marketing e-mails. We also may give you the option to opt-in to receive other marketing communications from us at the time of enrollment.
5. Termination and Modification
5.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Program Terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards.
5.2. We reserve the right to, at any time, in our sole discretion: (1) exclude you from participation in the Program; (2) discontinue your participation in the Program; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the Program, failure to follow any Program Terms, membership inactivity for more than 24 months (i.e. member has not made a purchase within 24 months), illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Program Terms, we also reserve the right to take appropriate legal action, in our sole discretion.
5.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by contacting Aveda Customer Service at 1-800-230-8051.
6. Disclaimer of Warranties; Limitation of Liability
6.1. NEITHER AVEDA NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
6.2. YOU AGREE THAT NEITHER AVEDA NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
6.3. FURTHER NEITHER AVEDA NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
6.4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE PROGRAM TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Program Terms.
8. Governing Law and Disputes
8.1. This Program and these Program Terms will be governed by and construed under the substantive laws of the State of New York, as if they were a contract wholly entered into and wholly performed within New York and without reference to conflict-of-laws considerations.
8.2. ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE PROGRAM TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Program Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
8.3. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
10. Contact Us
For information about the Program and your membership, contact Aveda Customer Service at 1-800-230-8051 from within the U.S.A. or via e-mail at email@example.com. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also find answers to helpful frequently answered questions in our FAQs.