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PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EBW. 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.
These terms and conditions govern the EBW Rewards program (the "Program").
The Program is a customer loyalty program offered by Orlando Bathing Suit LLC d/b/a Everything But Water ("Company") to individuals meeting the eligibility and enrollment criteria stated below (each a "Member"). These terms and conditions ("Program Rules") form an agreement between each Member and Company with respect to the Program. Members agree to be bound by the Program Rules, as they may change from time to time. Each Member is responsible for remaining knowledgeable about the Program Rules. Company reserves the right to disqualify Members who have violated any of the Program Rules.
Membership in the Program is open to any U.S. resident who is at least 18 years old and provides complete and accurate personal information when enrolling. It is free to join the Program; no purchase is required to join. Membership is limited to individuals only and is limited to one account per individual. Membership is not available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from Company, in its sole discretion.
Individuals can enroll by creating an account in any Everything But Water store ("Store") or at www.everythingbutwater.com. Individuals must provide complete and accurate enrollment information, including without limitation their name and email address. Participating in the Program will constitute agreement to the Program Rules. Company reserves the right to refuse membership to anyone who does not follow the enrollment procedures. Company may choose to offer sign-up incentives and enrollment promotions from time to time. Member may advise Company of any changes to their personal account contact information, such as name and/or email address, by visiting My Account and updating their Member account. A current, valid email address is required for a Member to be able to participate in the Program.
By signing up for the Program, Member agrees to accept communications from Everything But Water related to the Program. Unless Member has opted out of receiving loyalty communications, Company may (at its option) communicate with Members about the Program via email and other channels, including about special Member promotions, offers and more. Company may also use these channels to communicate Member tier status, notify Member when they are eligible for a benefit or Reward (defined below), communicate Program changes and more at Company's discretion. Please note that even if you opt out of receiving loyalty, marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.
Members will receive rewards points ("Points") on their Member account through Eligible Purchases (defined below) and participation in other special programs and promotional offers that may be announced by Company from time to time. Additional terms, requirements and details for earning Points follow.
Eligible Purchases: Subject to the exclusions noted below, purchases of merchandise after promotional offers have been applied, before taxes and shipping charges have been applied and minus returns, refunds or credit adjustments made at any Store in the 50 United States, the District of Columbia and Puerto Rico or through the Websites and shipping to locations within the 50 United States, the District of Columbia or Puerto Rico ("Eligible Purchases") count toward Member's Point accrual and tier status, provided that the Eligible Purchases are made while linked to Member's Everything But Water account.
As of the "Last Updated" date specified above, Tier 1 Members will receive 1 Point for each one whole dollar ($1 USD) of Eligible Purchases at Stores or the Websites. Tier 2 Insiders will receive 1.25 Points for each one whole dollar ($1 USD) of Eligible Purchases at Stores or the Websites. Tier 3 VIPs will receive 1.5 Points for each one whole dollar ($1 USD) of Eligible Purchases at Stores or Websites. In all instances, number of points earned is subject to change.
Based on the information Members provide us, the value of the Points and other benefits of the Program is equal to our good-faith estimate of the value of any personal information that Members provide to us. We have calculated this value by using the expense related to the benefits provided. By enrolling in the Program, Member agrees that the benefits in the Program are reasonably related to the value of the personal information that Member may provide to Everything But Water.
Exclusions from Eligible Purchases: Points will not be awarded on unauthorized or fraudulent purchases. Points will not be awarded for the purchase of gift cards. Points will not be awarded if, in Company's reasonable opinion, the merchandise purchased will be used for resale or commercial use. Any Points mistakenly awarded will be forfeited when the mistake is discovered. Additional items may be excluded from Point, tier, and Rewards accumulation at the sole discretion of Company. Employees are not eligible.
Email Address: A current, valid email address is required for a Member to be able to participate and receive Points in connection with the Program.
Identification at Transaction: Members must identify themselves with their applicable Member account email address to receive credit and/or perks and privileges for Eligible Purchases made at participating Stores and the Websites. Specifically, Member must provide the email associated with his/her Membership to the cashier at a participating Store or sign into their online account before checkout for online transactions on the Websites in order to receive spend credit and/or benefits. For clarity, any Member may complete any sale transaction without providing an email or any other personally identifiable information. Providing an email address will allow a Member to accumulate Points from Eligible Purchases and utilize Rewards, but it is not necessary to conduct or complete any sale transaction.
Processing of Points: Points accumulated through Eligible Purchases will be processed and awarded to the Member's account approximately 30 days after their purchase has been completed. Members should contact us if you have made an Eligible Purchase but you have not had points credited to your account within approximately 30 days of the purchase.
Promotional Offers: Other special programs and promotional offers for earning Points may be made by Company, its agents or third-party partners from time to time in Company's discretion. If such promotional offers are provided, the value of these offers or benefits to Members is estimated to be the same worth as the personal information that Members may provide us. Each promotional offer may also provide additional details about what financial incentives exist. Such offers will also be subject to the terms and conditions specified in the promotional offer.
Point Balance: Members may view their Point balance at any time by visiting their Member account page.
Merchandise returns must be made in accordance with Company's return policy. Upon the return of an item accepted by Company, the spend amount and Points applied to a Member's account for the purchase will be deducted from that Member's account as the Points are forfeited with the returned merchandise.
Members are initially placed in the "Member" level Program tier. Subsequent movement between Program tiers is based on a Member's total Eligible Purchases during the preceding rolling year as follows. Movement upward to a tier with a higher threshold level of Eligible Purchases occurs 30 days after the Eligible Purchases exceed and remain above the threshold. After a Member has been in a tier for one year, they will be moved to a lower tier if their Eligible Purchases in the preceding rolling year are below the threshold for their current tier. A summary of the tiers and benefits follows:
In addition to any other requirement and/or limitation that may be communicated to Members at the time a benefit is offered, the following will apply (provided the current advertised tier requirements are met):
Birthday Offer: A Member may receive a Birthday Offer benefit, provided the Member has a valid birthday on file in their Everything But Water customer account at least one day before their birthdate. Additional terms and conditions may apply.
Bonus Points: Members in the specified tiers may receive bonus Points on certain days based on the Member's tier at time of purchase (one or two incremental Points per dollar spent). Such bonus Points offers will also be subject to the terms and conditions specified in the promotional offer.
VIP Gift: The first time a Member qualifies for the VIP tier, the Member will receive a free cleaner and protector, or other benefit determined by Company. Additional terms and conditions may apply.
Other Benefits: Members may receive early or exclusive access to sales, offers, and products, and certain tiers may be eligible for invitations to special events.
Points will accumulate toward Rewards, the means by which will be described in these Program Rules and/or related promotional offers. Earned Points are converted into promotional redemption rewards dollars ("Rewards") as follows: 250 points = $5 in Rewards. Member may redeem their Rewards when purchasing items either (1) at a Store (or via the Contact Center for phone orders) by giving the Company associate your Member account email address and requesting redemption; or (2) online at a Website by selecting the Rewards box at checkout. If Member elects to redeem their Rewards, the value of the Rewards will be deducted from the total price of the Member's purchase of items from a Store or the Websites. The full value of the Rewards redeemed will be removed from your account even if the cart value is lower than the Rewards value. Points and Rewards will expire as set forth below.
Rewards are solely promotional and will not be paid out in cash or store credit. Company may, at any time and without notice, change the Points earning and redemptions procedures and offerings, including the conversion rate between Points and redemption dollars.
In the event of a return of merchandise purchased in whole or in part by using a Reward, the Reward will be nullified and the Points applied to the returned merchandise will be returned to the Member's Points balance.
Rewards may not be applied to the purchase of gift cards.
To the extent allowed by applicable law, Company may cancel any accumulated Points if it becomes insolvent, is unable to pay its debts when due, files an action under the U.S. Bankruptcy Code or has such an action filed against it.
Points that are not converted into Rewards will expire after 365 days of account inactivity (purchases or redemptions) on a rolling basis. Points converted into Rewards (see "Redeeming Points" above) will be removed from Member's Points balance.
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 a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with Program Rules, otherwise earns benefits through deception, forgery and/or fraud, or other reason warranting revocation of membership in the sole opinion of Company. In the event that Company cancels a Member's membership or terminates the Program for any reason, all Points, Rewards or other benefits earned on any Member account will be forfeited.
Your participation in the Program is voluntary, and you may withdraw at any time by contacting us at email@example.com or 1-888-796-6661. In the event that you opt-out of the Program, you will forfeit and not be able to able to access or use your Points, Rewards or other benefits earned on your Member account and you will not accrue any additional Points.
Program benefits or Member accounts may not be merged, transferred, purchased, sold, assigned, auctioned or traded, including by death or as part of a domestic relations matter. Doing so will void the Member account. Program Points, Rewards and/or benefits have no cash value, and are not exchangeable for cash.
Company may, at its discretion, alter, limit or modify the Program structure or any other feature of the Program, including but not limited to the tiers, Rewards or other benefits under the Program; how Points, Rewards or other benefits are earned, calculated or redeemed; or the expiration date of Points or Rewards. Company reserves the right to change or modify the Program Rules or terminate the Program at any time, for any reason, without prior notice. Company will post any additional Program details and updates to Program (including the Program Rules) and then update the "Last Updated" date above. Company may also email Members about any such changes. A Member's continued participation in the Program will confirm his/her acceptance of and agreement to such changes.
Member is solely 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.
The Program Rules, the relationship between Member and Company, and Company's Program, shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, without giving effect to any conflict of law provisions.
ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR COMPANY'S PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN ORLANDO, FLORIDA. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. AS LIMITED BY THE FAA, THESE TERMS AND THE AMERICAN ARBITRATION 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'S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. COMPANY AND MEMBER UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. COMPANY AND 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 EITHER YOU OR COMPANY HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS HELD BY THE OTHER, IN WHICH CASE EITHER MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF FLORIDA. MEMBER CONSENTS TO THE PERSONAL JURISDICTION OF AND VENUE IN THESE COURTS.
To the fullest extent permissible under applicable law, Company is not responsible or liable to Member, any person or any entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from any Member's participation in or inability to participate in the Program. This applies even if such damages are 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 benefits; (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 (collectively, "Company Intellectual Property") are owned by Company and may be registered in the United States and internationally.
If any provision of these Program Rules or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Program Rules and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.
Company's failure to insist upon or enforce strict compliance with any provision of these Program Rules shall not be construed as a waiver of any provision or right and will not prevent Company from enforcing such right or provision in the future. Nothing in these Program Rules will limit Company from exercising any legal rights or remedies that it may have.
For all questions about the Program or your Member account, please contact us at 1-888-796-6661 or firstname.lastname@example.org.