TERMS AND CONDITIONS FOR REWARD POINTS LOYALTY PROGRAM
The Reward Points Loyalty Program (the “Program”) is offered by VTM e-Commerce LLC (the “Company”) to customers making purchases, and to potential customers, on Vapebargains.com (the “Website”). Company will extend certain benefits under the Program as described herein as the same may be replaced, altered, amended and supplemented, in whole or in part, at any time and from time to time, with or without prior notice, by Company in its sole and absolute discretion (the “Terms and Conditions”). From time to time and at any time Company, in its sole discretion and with or without prior notice, may alter on a promotional basis one or more of the rules of the Program. Those temporary changes to the program may not be reflected in an amendment to this statement but will, in any event, be set forth elsewhere on the Website and will for all purposes be deemed incorporated in the Terms and Conditions. The Terms and Conditions form the agreement (the “Agreement”) between you and all other participants in the Program (“Member”) and Company with respect to the Program.
MEMBER’S ACCEPTANCE OF TERMS
By participating in the Program Member agrees to the terms and conditions, rules, regulations, policies and procedures of the Program, including, without limitation, these Terms and Conditions, which include the below provisions requiring mandatory arbitration of all disputes on an individual (i.e., non-class action) basis. Each Member is responsible for remaining knowledgeable about the Terms and Conditions, including any changes thereof and supplements thereto. Without limiting any other right of Company, Company reserves the right, exercisable in its sole and absolute discretion, to disqualify any Member who violates, or threatens to violate, the Terms and Conditions.
RIGHT OF COMPANY TO CHANGE/CANCEL PROGRAM
Company may alter, limit, modify or terminate the Program, the Program structure or any other feature of the Program or these Terms and Conditions in its sole and absolute discretion at any time and from time to time and in any manner with or without prior notice. The continuing participation in the Program by each Member will confirm and constitute that Member’s acceptance of such changes.
The Program is open only to U.S. residents. Subject to the next following sentence, membership is open to individuals only and is limited to one account per individual. Membership is not available to corporations, businesses, partnerships, enterprises or any other form of organization unless prior written approval is granted in advance by Company in its sole and absolute discretion.
To enroll in the Program an individual must create an account on the Website. The Member must provide the requested information accurately and completely when creating an account. Company reserves the right to refuse membership to any individual who does not follow the enrollment procedures. The Member must promptly advise Company of any changes to the enrollment information by updating the Member’s account on the Website.
Company may communicate with Members about, and each Member hereby consents to, marketing via mail, email, SMS and other channels, including special Member promotions, offers and more. Company may also use these channels to communicate to a Member regarding Program point status, eligibility for a Program benefit, Program changes and more. Please note that even if a Member opts out of receiving marketing or promotional emails, Company may continue to send to the Member non-marketing and non-promotional emails, such as those regarding the Member’s account and ongoing business relations.
RETURNS AND REFUNDS
Merchandise returns must be made in accordance with the Company’s return policy as indicated from time to time on the Website. Upon the return of an item, or the issuance of a product refund or credit, the spend amount for that item, or covered by the refund or credit, on which Program points were earned will be deducted from the Member’s account.
Purchases of eligible merchandise on the Website, after promotional offers have been applied and before taxes and shipping charges have been applied, (the “Eligible Amount”) will earn Program points. The amount of a purchase made with a Website credit as the method of payment or with an e-gift card will not earn Program points, and the purchase on the Website of an e-gift card will not earn Program points. Additional items may be excluded from Program point accumulation from time to time at the sole and absolute discretion of Company.
EARNING PROGRAM POINTS
A Member earns Program Points as set forth on the Website. From time to time Company, in its sole and absolute discretion and with or without prior notice, will provide terms on how to earn Program Points and may provide temporary promotions for other or different ways to accumulate Program Points the terms of which may not be included in the Terms and Conditions but will be displayed elsewhere on the Website.
REDEMPTION OF POINTS
From time to time Company, in its sole and absolute discretion and with or without prior notice, will provide an explanation on how to redeem Program Points and the rewards applicable at that time, which will be displayed on the Website.
EXPIRATION OF PROGRAM POINTS
All Program points in the account of a Member automatically expire, without notice to the Member, on the expiration of any consecutive twelve-month period during which there has been no redemption of any existing points.
VALID EMAIL ADDRESS
A current, valid email address during the full period of Program membership is required for the Member to be eligible for Program benefits, offers and updates. The Member must notify Company of change of email address by updating the Member account information of the Website.
RIGHT TO REVOKE
Company reserves the right, at its sole and absolute discretion, to revoke the membership of any Member, and/or revoke any benefits to which the Member may be entitled, if, in the sole judgement of Company, the Member abuses any of the Program benefits, fraudulently uses the Program, fails to strictly adhere to the Terms and Conditions or otherwise earns, or attempts to earn, benefits through deception , forgery and/or fraud.
Program benefits are personal to the Member associated with the applicable account and may not be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death. Any such attempt at or purported transfer will void the Member account. Program points have no cash value and are not exchangeable for cash.
Employees of Company and its affiliates are not eligible to participate in the Program. TAXES The Member is responsible and liable for any applicable federal, state and local income, sales, use and other taxes which may result from the Member’s participation in the Program.
Neither Company nor its parent, subsidiaries or affiliates, nor any of their respective, officers, directors, employees or agents make any 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 thereto.
These Terms and Conditions, the relationship between you and Company and the Program shall be governed by, construed and enforced in accordance with the laws of the State of North Carolina, without giving effect to any conflict of law provisions.
MANDATORY ARBITRATION OF ALL DISPUTES; NO CLASS ACTIONS
ANY DISPUTES RELATING IN ANY WAY TO THE TERMS AND CONDITIONS OR THE PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR IN MOORESVILLE, NORTH CAROLINA. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGEMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT COMPANY AND THE MEMBER UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. COMPANY AND THE MEMBER FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS PROVISION SHALL NOT APPLY IF THE MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NORTH CAROLINA. THE MEMBER CONSENTS TO EXCLUSIVE JURISDICTION IN THESE COURTS.
RELEASE OF LIABILITY AND LIMITATION OF DAMAGES
Member releases Company and its parents, subsidiaries and affiliates, and each of their respective officers, directors, employees and agents, from and against any and all liability relating to your membership or participation in the Program or the Terms and Conditions. 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 your or any other Member’s participation in the Program. This applies even if such damages were foreseeable and even if Company had been advised of the possibility of such damages.
All Program design, text, graphics, logos, images, titles and phrases and all other intellectual property relating to the Program are owned by Company and may be registered in the United States and internationally.