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Pro Rewards Program Participation Terms + Conditions
Effective Date: September 1, 2023
Last Updated on: September 1, 2023
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY CREATING AN ACCOUNT, PLACING AN ORDER FOR PRODUCTS OR SERVICES, REDEEMING LOYALTY OR REWARDS POINTS, OR OTHERWISE PARTICIPATING IN THE PROGRAM, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE PROGRAM TERMS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES, REDEEM LOYALTY OR REWARDS POINTS, OR OTHERWISE PARTICIPATE IN THE PROGRAM IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH JPMS OR (C) ARE PROHIBITED PARTICIPATING IN THE PROGRAM OR ANY OF THE PROGRAM'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
(a) The Program is offered at the sole discretion of JPMS. The Program is available to salon owners, managers, professional stylists, professional barbers and professional independent stylists in the USA and Canada who have signed a salon agreement with JPMS and/or an authorized JPMS distributor. Individuals who are residents of the United States (including its territories and possessions) and Canada and at least over the age of 18 years or older and who provide and maintain a valid email address are eligible to become members. For salons or barbershops with 10 or more locations, there is a unique tier level. Contact your JPMS Sales Representative or email us at email@example.com.
(c) These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services.
2. How the Program Works.
(a) The Program is a way in which we reward and thank our loyal professional customers for purchasing our products, provide educational opportunities and/or taking other Program related actions. You are able to earn points and reach Program loyalty tiers by making eligible purchases or taking certain other Program actions. Once you reach a certain loyalty tier and/or earn a certain number of points, you may be eligible for certain benefits and rewards applicable to that tier and/or number of points, which benefits may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to reach Program loyalty tiers or earn points will be posted on the Website or may be published through other media (e.g., in-store, in marketing communications, social media, etc.). Visit our FAQs to learn more about earning points and reaching the Program loyalty tiers.
(b) By enrolling and participating in the Program, you authorize your distributor to submit sales to JPMS on its behalf for purposes of calculating rewards points and compliance with the Program.
3. Program Benefits and Rewards.
(a) As a Member, you earn points that determine your points benefits plus tier levels and tier benefits. To redeem offers and rewards, you must have accumulated the minimum number of points as established by us for a particular benefit.
(b) By enrolling and participating in the Program, you authorize your distributor to submit sales to JPMS on its behalf for purposes of calculating rewards points and compliance with the Program.
(b) At different point levels, you will be able to redeem your points for rewards as further described in this level table. These rewards are based on the total number of points you have accumulated in a single year as listed below. General Points expire three (3) years after the date they are issued, and Education Points expire one (1) year after the date they are issued. Your membership in the Program will automatically terminate after three (3) years of no purchases, at which point, all available General Points and Education Points will expire.
(c) Your status in a particular tier is good for the four (4) consecutive calendar quarters in which you qualify for that tier. After that, you will need to spend enough on eligible purchases to qualify for that tier. For example, if you qualify for "Silver" tier, during the first quarter of a year, you will maintain Gold status through the end of the fourth quarter of that year. But, if you spend less than the required threshold for on eligible purchases and qualifying activities during the second, third and fourth quarters of that year to qualify for "Silver", you will drop back down to "Bronze" status at the end of the fourth quarter.
(d) Products, services and rewards are available while supplies last and substitutions made by us in our sole discretion may occur. If your order or point redemption is not completed for any reason, any offers or rewards will be removed from your shopping basket and may no longer be available. You are not required to redeem your accumulated rewards and/or benefits. All orders are final, non-refundable and non-exchangeable. In the event a product or reward arrives damaged, or is incomplete, you received the wrong product or service, or a product or reward is missing, please call us at 1-866-362-8745 or email us at firstname.lastname@example.org.
(e) Neither accounts nor Program rewards, benefits and/or points may be shared or combined. Only the Member paying for the JPMS Products may accumulate rewards, benefits and/or points. Members will not receive rewards, benefits and/or points on purchases which are reimbursed by corporations or other organizations ineligible to participate in the Program.
(f) Rewards, benefits and/or points earned through the Program have no cash value, are non-transferable (expect to other Members as approved by JPMS), and you have no property rights in or to rewards or other Program benefits. 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. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited.
(g) Rewards cannot be exchanged or returned for points, another product, or a monetary refund.
(h) 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 or in connection with the Program. 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.
(i) To be eligible for points, purchase must be made on qualifying Paul Mitchell Products. Qualifying products include regular priced merchandise and exclude e-gift cards, sales tax, state fees, discounts, shipping and delivery charges and/or other excluded charges specified by us from time-to-time.
(j) We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity.
(k) We reserve the right to change Program benefits, how you reach each Program tier, 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 given tier or point level, the number or types of rewards or benefits you may receive or earn in any given tier or at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof.
(l) If you have concerns that a purchase or other activity was not properly applied to your account, please call us at 1-866-362-8745 or email us at email@example.com. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) 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.
(m) Rewards can only be redeemed on our Website, unless otherwise noted by JPMS.
4. Program Communications.
(a) By enrolling in the Program, you will be automatically subscribed to receive and consent to receiving JPMS marketing emails and Program related emails.
5. Termination and Modification.
(a) The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate the Program, these Program Terms, our FAQs, 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 or benefits.
(b) We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole discretion. Any suspected abuse of the Program, failure to follow any Program Terms, membership inactivity (i.e. no points earned or redeemed) for more than 36 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 Terms, we also have the right to take appropriate legal action, in our sole discretion.
(c) If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out in your account on the Website or by calling us at 866.362.8745 or emailing us at firstname.lastname@example.org.
6. Warranty and Disclaimers.
YOU USE THE JPMS SERVICES AND PARTICIPATE IN THE PROGRAM AT YOUR SOLE RISK. THE PROGRAM AND THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, WEBSITE, FUNCTIONS AND MATERIALS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF ANY CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FEATURES, QUALITY, COMPATIBILITY, PROGRAM OR THE WEBSITE AND/OR ANY CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS OR DEFECTS. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGES TO OR VIRUS(ES) THAT MAY INFECT YOUR COMPUTER EQUIPMENT, CELLULAR/MOBILE PHONE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE JPMS SERVICES OR PARTICIPATION IN THE PROGRAM. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARD PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS, REGULAR SYSTEM UPGRADES AND OTHER SECURITY CHECKS AND MEASURES) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE JPMS SERVICES OR PARTICIPATION IN THE PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY AGAINST JPMS FOR ANY PROBLEMS OR DISSATISFACTION WITH THE JPMS SERVICES OR THE PROGRAM IS TO DISCONTINUE ALL USE OF JPMS SERVICES AND TERMINATE YOUR MEMBERSHIP IN THE PROGRAM.
7. Limitation of Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL COST OF THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
8. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Program Terms, for any failure or delay in our performance under these Program Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
9. Governing Law and Jurisdiction.
This Website and the Program is operated from the U.S. All matters arising out of or relating to these Program Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
10. Dispute Resolution and Binding Arbitration.
(a) YOU AND JPMS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR JPMS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
11. Opt-Out Provision.
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Program Terms by doing the following. Within 15 calendar days after the date you first accept the Program Terms by using the Website, you must send a letter to us at: email@example.com that specifies (1) your name, (2) your IP address(es), (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Program Terms. All other Program Terms shall continue to apply to you and your account, including the requirement to participate in pre-dispute mediation. You are not required to send the letter by certified mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove the request was postmarked within the applicable 15-day deadline.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. No Waivers.
The failure by us to enforce any right or provision of these Program Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of JPMS.
14. No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us by sending a written notice via personal delivery, overnight courier, or registered or certified mail to the following address: John Paul Mitchell Systems, 20705 Centre Pointe Pkwy, Santa Clarita, California 91350, Attn: Legal Department. We may update address or email address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Program Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Program Terms and will not affect the validity or enforceability of the remaining provisions of these Program Terms.