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ALLHEART LOYALTY PROGRAM TERMS & CONDITIONS

Scrubs AC, Inc. ("allheart," "we," "us") offers its customers ("Customers," "you") who buy allheart products the opportunity to participate in the allheart Loyalty Program (the "Program") and earn reward points. The Program terms and conditions ("Terms & Conditions") govern the Program and allheart's relationship with members of the Program. Membership in the Program is subject to the Terms & Conditions set forth below, and unless specifically indicated otherwise, these Terms & Conditions apply to all Customers participating in the Program.

If you require clarification or further information with regard to any of these Terms & Conditions, you may contact our Customer Care representatives at (800)372-2201. Availability of our Customer Service representations varies from time to time and can be found by dialing the number or visiting our web site at http://www.allheart.com/.

Program Eligibility and Membership

General

  • The Loyalty Program is offered at the sole discretion of allheart, and participation in the Program is subject to the Terms & Conditions and any other rules, regulations, policies or procedures that allheart may adopt from time to time. allheart has the sole discretion to interpret and apply the Terms & Conditions, and all related questions or disputes regarding these Terms & Conditions will be resolved by allheart at its sole discretion.
  • allheart may amend the Terms & Conditions at any time without notice.
  • Participation in the Program is generally available to all individuals that purchase a product from allheart on or after December 6, 2013.
  • allheart reserves the right to create and execute ad hoc incentive or benefit programs that may deviate from the Program. Eligibility for such ad hoc incentive or benefit programs shall be determined at the sole discretion of allheart.

Enrollment

  • Customers must opt-in to the program and must do so from the My Account section of http://www.allheart.com/. Any customer may create an account on http://www.allheart.com/ and opt-in for the program. Customers currently with an account must visit their account online and opt-in to receive Points for the program.

Loyalty Program Benefits and Incentives

Earning Program Points

  • You earn Program points ("Points") after opting in to the program and making a purchase while signed in under your allheart "My Account".
  • Customers using Amazon Pay will not have points automatically applied to their account if the e-mail address used for Amazon Pay is different from the e-mail used to sign into allheart "My Account." Contact customer service with your order number to have points from these purchases applied to your account.
  • Customers with an opted in account can also place orders via phone using their email address to earn Points.
  • Customers who are enrolled in the Program earn one Point for every whole dollar spent on merchandise purchases (including personalization) net of any discounts. Points are not earned on any shipping and handling or sales taxes paid.
  • Points begin to accumulate with each purchase made while signed in under an opted-in account.
  • You will receive your first reward (a $10 Reward Certificate) when you accumulate at least 200 points. This reward will be emailed to you when the qualifying order ships.
  • When you return merchandise, points will be deducted from your account for each whole dollar of merchandise credited. Under certain circumstances, your point balance may become negative due to returns and will be offset by future purchases.
  • Points are earned within 24 hours of your order being shipped. The point total is based on your invoiced amount of merchandise after discounts and does not include tax or shipping.

Redeeming Program Points

  • Reward Certificates can be redeemed when you make your next purchase from allheart. They may not be used for an existing purchase.
  • Reward Certificates cannot be redeemed for cash.
  • Reward Certificates cannot be used to purchase Gift Certificates. Allheart reserves the right to cancel gift certificates purchased with reward certificates.
  • Points are not transferable, however Rewards Certificates are transferable.
  • Reward Certificates are good from the date of issue to the end of the month in which they are issued and for six full months following that month (i.e. if the certificate is issued on any day in January, it will be available for use on the date of issue and expire on July 31).
  • If a customer purchases an item with a Reward Certificate and the customer cancels that order we will credit points used for that purchase back to the Reward Certificate with the same expiration date that applied when the Certificate was initially issued.
  • Rewards will not be available to Customers that have not complied with all of the Terms & Conditions, as determined by allheart at its sole discretion.

Modification, Cancellation and Termination

  • The Program has no predetermined termination date and may continue until such time as allheart, at its sole discretion, elects to designate a program termination date. allheart has the right to terminate the Program by providing notice on the Program webpage at http://www.allheart.com/. allheart may terminate the Program without such notice, in whole or in part, in any jurisdiction(s), if required to do so by applicable law.
  • allheart reserves the right to revoke, cancel or suspend any enrollment, Reward, and/or any and all unredeemed Points, or take other action at its sole and unfettered discretion, in cases of: (1) violation of these Terms & Conditions; (2) fraud or abuse involving the Program; (3) misrepresentation of any information or any misuse of this Program; (4) violation of any national, state or local law or regulation in connection with participation in the Program; or (5) any action to the detriment of the Program. In addition to discontinuance of Program enrollment, allheart shall have the right to take appropriate administrative and/or legal action as it deems necessary.
  • Discontinued, revoked, or terminated enrollment will result in the loss of all accumulated Points and the closing of your account.
  • If you cancel your enrollment, or if it is canceled due to inactivity, you may be eligible for enrollment at a later date, but you will not recover any Points forfeited from the prior enrollment.

Limitation of Liability

  • BY REDEEMING A REWARD, YOU AGREE THAT ALLHEART AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY YOU OR ANY PERSON FOR, ANY LIABILITY FOR ANY INJUIRES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN OR NEGLECTED TO BE TAKEN WITH REGARD TO THE PROGRAM OR THE REWARD.
  • THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR (A) LOSS OR MISDIRECTION OF, OR DELAY IN RECEIVING, ANY ENROLLMENT CORRESPONDENCE OR REWARD; (B) THEFT OR UNAUTHORIHIZED REDEMPTION OF POINTS OR LOYALTY OR USE OF REWARD CAUSED BY CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF ALLHEART , THE RELEASED PARTIES OR THEIR REPRESENTATIVES AND AGENTS; (C) ANY ACTS OR OMISSIONS OF THIRD PARTIES; OR (D) ANY ERRORS PUBLISHED IN RELATION TO THE LOYALTY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS, ERRORS OF DESCRIPTION, AND ERRORS REGARDING ELIGIBLE PURCHASES OR ELIGIBLE LOYALTY. WE RESERVE THE RIGHT TO CORRECT WITHOUT NOTICE ANY ERRORS.
  • IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY IN PERFORMANCE OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, ACT OF WAR, NATURAL DISASTER, WEATHER, ACT OF TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY. THE SOLE REMEDY AVAILABLE TO YOU IN CONNECTION WITH THE PROGRAM (WHETHER THE YOUR CLAIM IS BASED IN LAW OR EQUITY) SHALL BE THE CREDITING OR RE-CREDITING TO YOUR PROGRAM ACCOUNT OF POINTS IN AN AMOUNT NO GREATER THAN THE NUMBER OF POINTS AT ISSUE.
  • WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE IN THESE TERMS & CONDITIONS, THE LOYALTY ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICATIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
  • THIS SECTION WILL SURVIVE TERMINATION OF YOUR PARTICIPATION IN THE PROGRAM.
  • YOU ARE RESPONSIBLE FOR ALL APPLICABLE TAXES (FEDERAL, STATE, LOCAL, AND/OR FOREIGN) LEVIED UPON THE LOYALTY REDEEMED BY YOU UNDER THE PROGRAM.

Additional Terms

General

  • allheart's failure to enforce any right or provision of these Terms & Conditions does not constitute a waiver of that right or provision. allheart may revise the Terms & Conditions at any time by posting the revised Terms & Conditions on the Program webpage at http://www.allheart.com/. Your continued use of the allheart website after the posting of any changes to these Terms & Conditions constitutes your acceptance of those changes. To view the most current version of these Terms & Conditions at any time, click on the "Terms & Conditions" link available on the Program webpage at http://www.allheart.com/
  • allheart reserves the right to verify that Customers have at all times complied with eligibility conditions and the right at all times to monitor Customers' participation in the Program to ensure compliance with these Terms & Conditions. allheart also reserves the right to review, retain, and/or disclose any information that it collects from Customers through the Program as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Calls to and from allheart's Customer Service Teams may be monitored and/or recorded for training and security purposes.
  • If allheart, its affiliates, or agents determine, at their sole discretion, that they suspect the presence of electronic forgery in the Program or if in fact this has been the case, or if technical difficulties compromise the Program's integrity, allheart may cancel or modify the Program and/or cancel enrollments under suspicion. Any attempt by a Customer or any other individual to deliberately harm the allheart website or sabotage the Program's legitimate operation is a violation of penal and civil laws and allheart reserves the right to seek redress against the responsible party or parties to the maximum extent allowed by law.
  • allheart will not be held responsible for Customers entering incomplete or wrong information, or for the technical malfunction of the phone networks or the software or the combination of both, or for data lost, delayed, or spoiled. allheart is not responsible for typographical or printing errors in any materials related to the Program. allheart will not accept responsibility for damaged, lost, or misdirected email, mail, or faxes. Proof of emailing/posting/faxing is not proof of receipt.

Communications

  • By enrolling in the Program, you authorize allheart to communicate with you via various communication channels (including, without limitation, e-mail, post mail, telephone communication, and any other means of communication utilized by the Program).
  • You agree to allow allheart, its affiliates, program administrator, and any Loyalty providers to store and use your contact information, including names, phone numbers, e-mail addresses, and other information provided to allheart through the Program in accordance with allheart's Privacy Policy.
  • You consent to such information being used in connection with furthering your commercial relationship with allheart and with the Program only, and may be provided to contractors acting on allheart 's behalf; allheart distributors who promote, market, and support certain allheart products and services; and assignees of allheart and its subsidiaries for uses consistent with that purpose. You may at any time and with future effect withdraw your consent to (or opt-out from) electronic communications from allheart by informing allheart at your online account found at http://www.allheart.com/.

Governing Law

  • The Program, the allheart website, and these Terms & Conditions are governed by the laws of the State of California without regard to conflict of laws provisions. Any legal proceeding regardless whether on the basis of contract, tort, or on any other basis arising out of the use of, or in connection with, the Program, the Site, or these Terms & Conditions must be brought exclusively in a court of competent jurisdiction in Los Angeles County, California.
  • Points are offered in good faith, however they may not be available if prohibited or restricted by applicable law or regulation. If for any reason a court of competent jurisdiction finds any provision of these Terms & Conditions to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of these Terms & Conditions, and the remainder of these Terms & Conditions will continue in full force and effect. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Program, shall be resolved individually, without resort to any form of class action.
  • The awarding of Points and the redemption of Rewards Certificates are void where prohibited by law.
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