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TERMS OF USE

By accessing and using the website, you agree that have read and accept these Terms and Conditions. You agree that you are precluded from using lack of reading as a defense for any liability arising from your access to or use of the website, including but not limited to your use of any product. If you disagree with the Terms and Conditions, please do not use this website.

CHANGES

You agree that these Terms and Conditions are subject to change by US at any time in our sole discretion. Your use of the Terms and Conditions after such change constitutes your acknowledgment and acceptance of the changes. Please consult these Terms and Conditions regularly.

ACCESS TO WEBSITE

You must be eighteen (18) years or older to use this website, including purchasing any good on the website. If you are under eighteen years of age, then you are not permitted to access this website for any reason. By using this website, you represent and warrant that you are at least eighteen years old. Due to the age restrictions for use on the website, no information obtained by this website falls within the Child Online Privacy Act (COPA) and is not monitored to do so. TO BE CLEAR, IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS SITE FOR ANY REASON AND YOU MUST EXIT THIS SITE IMMEDIATELY.

YOU MUST BE OF LEGAL AGE REQUIRED BY THE STATE OR PROVINCE YOU ARE IN TO PURCHASE OUR PRODUCTS. IT IS YOUR RESPONSIBILITY TO KNOW WHETHER YOU ARE LEGALLY ABLE TO PURCHASE OUR PRODUCTS.

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be your correct, current, and complete information. If we believe the information you provide is not correct, current, or complete, or is an impersonation of someone else, we have the immediate right to, without notice to you, refuse you access to the website and its resources, to terminate or suspend your access, and delete any comments you have posted. Your use of this site, purchase or use of any of our products constitutes your agreement to these Terms and Conditions.

PROPRIETARY INFORMATION

The material and content on or accessible from the website (the “Content”), and any other World Wide Web site owned, operated, licensed, or controlled by us, is our proprietary information or the proprietary information of the party that provided the Content to us. We or the party that provided the Content to us retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed or transmitted in any way without our prior written consent, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms and Conditions violates our intellectual property rights. You do not obtain title or any rights to any of the Content as a result of accessing this site.

LIMITED LICENSE TO USE THE WEBSITE CONTENT

Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the website and Content. This license does not allow you to resell or make any commercial use of the site, its Content or our products sold through the site; make any derivative use of any of our Content; download, copy, or other use any account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by us or third parties. No Content on, or product sold through, the website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may use the website only as permitted by law and these Terms and Conditions, and the licenses we have granted you terminate if you do not comply with these Terms and Conditions.

You may not (and may not authorize any other party to) (i) co-brand this site, (ii) frame or use framing techniques to enclose any of our or our Content owner’s trademarks, logos, or other proprietary information (including images, text, page layout, or form), (iii) hyperlink to the website, or (iv) use any meta tags or any other "hidden text" using our name or trademarks without the express prior written permission of one of our authorized representatives. For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that associates our product with someone other than us or that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyperlinking to cease immediately.

No material from this site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

HYPERLINKS

This site may be hyperlinked to other sites which are not maintained by, or related to, us. Hyperlinks to such sites are provided as a service to our users and are not sponsored by or affiliated with this site or with us. We have not reviewed such sites and are not responsible for the content of those sites. Hyperlinks are to be accessed at your own risk, and we make no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not imply that we endorse that site.

TEXT MESSAGES & SMS MARKETING

When you provide us with your mobile phone number, you understand and agree to receive text and sms messages from us and that your carrier may charge fees or rates to you that are out of our control. You are solely responsible for those fees. You can opt out of text and SMS messages at any time by replying STOP to any text or SMS message, or by emailing your request to customer support. When you opt out of text or SMS messages, you may still receive transactional messages from us regarding your order or important account information. 

Text and SMS messages are sent from an unmonitored account. You should not include any personally identifiable information in any text or SMS message to us other than your phone number. We will never ask you for your password, social security number, or credit card number via text or SMS message.Carrier text, sms, and data rates may apply.

SUBMISSIONS

You grant to us and our affiliates a license-free, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information you communicate to us through the website (together, the “Submission”) throughout the world in any media, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You represent and warrant that you own or control all of the rights to your Submissions. We are not required to treat any Submission as confidential and may use any Submission in our business (including, but not limited to, for products or advertising) without incurring any liability for royalties or any other compensation of any kind. We will not incur any liability as a result of any similarities that may appear in our future operations. We will treat any personal information that you submit through this site in accordance with our Privacy Policy.

FDA DISCLOSURE STATEMENT

Any statements on this website or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). The Content and statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease. As the consumer, it is your responsibility to know your local, state, and federal laws before making your purchase. All products on this website are intended for legal use. Prior to purchasing a product on this website, you should confirm legality of the product in the state where you request shipment.

Neither the products, nor the ingredients in any of the products, on this website have been approved or endorsed by the FDA or any regulatory agency. The products on the site are not intended to diagnose, treat, cure or prevent any disease. The information on this site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.

WEBSITE USE DISCLAIMER

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. We do not assume, and specifically disclaim, any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices we have provided. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own judgment. Information obtained by using the website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

NO WARRANTY AND WARRANTY DISCLAIMER

YOUR USE OF THIS SITE AND OF THE PRODUCTS OFFERED IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We make no warranty, express or implied, that the site or any services, products, or information obtained on or through the website will meet your requirements or will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representation regarding use, or the result of use, of the Content in terms of accuracy, reliability, or otherwise. The Content may include technical inaccuracies or typographical errors, and we may make changes or improvements at any time. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. All of the information in this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and we do not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer, accurate or complete.

LIABILITY LIMITATION

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THIS LIMITATION OF LIABILITY SHOULD BE ENFORCED TO THE FULLEST EXTENT ALLOWED BY LAW.

INDEMNITY

You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from any breach of these Terms and Conditions by you, including any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, graphics, images, HTML, codes, multimedia clips, Java codes, button icons, banners and software appearing in this website (generally defined as “Trademarks and Copyrights”) are our property or the property of the party that provided the Trademarks and Copyrights to us. We, and any party that provided any of the foregoing to us, retain all rights with respect to any of our or their Trademarks and Copyrights on this Site. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

INFORMATION YOU MAY NOT POST OR PUBLISH ON THE WEBSITE

You may not post, send, submit, publish, or transmit in connection with this site any material that:

  • you do not have the right to post, including proprietary material of any third party;

  • advocates illegal activity or discusses an intent to commit an illegal act;

  • is vulgar, obscene, pornographic, or indecent;

  • does not pertain directly to this site;

  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

  • seeks to exploit or harm any person by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

  • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;

  • violates any law or may be considered to violate any law;

  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;

  • solicits funds, advertisers or sponsors;

  • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way that affects the ability of other people to engage in real time activities via this site;

  • includes MP3 format files;

  • amounts to a ‘pyramid’ or similar scheme;

  • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or

  • contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, we reserve the right to monitor use of this website to determine compliance with these Terms and Conditions, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither we nor any third party that provides Content to us will assume or have any liability for any action or inaction by us or such third party with respect to any Submission.

SECURITY

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any) and you agree to accept responsibility for all activities that occur under your account or password. We have the right to monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we will have the right to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we have the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms and Conditions, and we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any Content that is believed to violate these Terms and Conditions. BY ACCEPTING THESE TERMS AND CONDITIONS YOU WAIVE AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR OTHERS, INCLUDING LAW ENFORCEMENT AUTHORITIES.

U.S. LAW APPLIES

This website is intended for users located in the United States. It is up to you to determine whether accessing this website and purchasing our products are legal where you are. You access this website and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations and treaties.

DISPUTE RESOLUTION

In the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms and Conditions, the use of this website or information obtained through this website, or any other claims, disputes, or controversies arising out of or relating to this website, or any other World Wide Website owned, operated, licensed, or controlled by us (the “Dispute” and together the “Disputes”), you agree to resolve any Dispute by submitting the Dispute to Retired Judges and Associates through its offices located in Louisville, Kentucky (the “ADR Firm” see retiredjudgesmediation.com), or its successor, for mediation. Any party to the Dispute may commence mediation by providing to ADR Firm and the other parties a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with ADR Firm and with one another in selecting a mediator from ADR Firm’s panel of neutrals, and in scheduling the mediation proceedings promptly, not later than thirty (30) days after such request for mediation. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator or any ADR Firm employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

If the Dispute is not resolved through mediation, then it shall be submitted to the American Arbitration Association (“AAA”), or its successor, for final and binding arbitration pursuant to the then-current form of AAA Consumer Arbitration Rules (the “Rules”) before one arbitrator, selected by the agreement of the parties and, failing such agreement within thirty (30) days of the Dispute being submitted for arbitration, by AAA in accordance with the Rules. All hearings shall be held in Louisville, KY, USA. If AAA ceases to exist and has no successor, then the parties shall submit the Dispute to an established alternative dispute resolution entity in Louisville, Kentucky. Any party may initiate arbitration with respect to the Disputes submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney fees, to be paid by the party against whom enforcement is ordered.

THE REQUIREMENT TO ARBITRATE MEANS YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY. THE ARBITRATION PROVISION IS MANDATORY AND BINDING.

The mediation or arbitration of any Dispute shall not be joined or consolidated with the mediation or arbitration of any other Dispute, even if such other Dispute relates to, arises out of or raises similar factual or legal claims.

Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by us of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. These Terms and Conditions will be governed and interpreted pursuant to the laws of Kentucky, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Kentucky in connection with any dispute between you and us arising out of or pertaining to the subject matter of these Terms and Conditions. The parties to these Terms and Conditions each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions or pertaining to the subject matter of these Terms and Conditions will be in the state and federal courts in Kentucky. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the website must be brought within two (2) years from the date on which such claim or action arose or accrued. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions (including our Privacy Policy) constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this website will govern the items to which they pertain. We may revise these Terms and Conditions at any time by updating this posting.

TERMS AND CONDITIONS BALANCED LIFE REWARDS PROGRAM

ARTICLE 1

GENERAL

1.1 OVERVIEW

The BALANCED LIFE rewards program (the "Program") is a loyalty reward program offered by ONYX & ROSE, LLC (the “Company”, “us”, “our” or “we”) to certain customers of the Company. The Program is accessible through onyxandrose.com (the “Program Website”) and any other related sites and applications referred to on the Program Website including without limitation www.onyxandrose.com/rewards (the “Explainer Page”).

The Program allows persons who have completed the membership enrollment steps (each, a “Program Member” or “Member”) in accordance with the present Terms and Conditions to collect points when making purchases on items identified from time to time by the Company (“Eligible Purchases”), and to redeem these points for rewards, benefits and/or rebates offered by the Company from time to time.

Members acquire no vested right or entitlement to the continued availability of any particular reward, benefit or redemption level.

1.2 TERMS AND CONDITIONS

The terms and conditions set forth herein (the “Terms & Conditions”, and together with any terms set forth on the Program Website, the Explainer Page and any other terms accessible through any of the foregoing, collectively the “Program Terms”) govern the Program. The Company in its sole discretion can, restrict, suspend, amend, extend or otherwise alter the Program Terms at any time and without prior notice. If the Program Terms have been updated, the Company will post the new Program Terms on the Program Website and note the date that they were last updated, and no change will be effective until such change has been posted for at least ten (10) days. We encourage Members to review the Program Terms each time they use the Program.

1.3 ACCEPTANCE

By using or enrolling in the Program, you accept and agree to be bound by these Terms and Conditions.

ARTICLE 2

PROGRAM MEMBERSHIP

2.1 MEMBERSHIP ENROLLMENT

Membership is free and no initial purchase is required in order to become a Member. To become a valid Member, you must complete the enrolment process by providing complete and accurate information and indicating your acceptance of the Program Terms. After completion, you will receive a rewards member number (“Member Number”).

2.2 PASSWORDS AND SECURITY

In order to enroll in the Program, you will have to register and create an Account with us and provide one or more names, email addresses, login usernames and passwords (together, “ID”). You are responsible for maintaining the confidentiality of your ID. You agree not to use the ID of any third party or disclose your ID to any third party. You are responsible for any and all activity that occurs on your Account. If you suspect any unauthorized use of your Account, you must notify us immediately. You agree to provide us with correct and complete Account information at all times and inform us of any changes to the information you have provided. We will keep your ID confidential. Only one BALANCED LIFE rewards account (“Account”) is permitted per person.

2.3 SUSPENSION RIGHTS; CAPACITY

If the Company determines that a Program Member has abused any of the Program’s privileges, fails to comply with any of the Program Terms, or makes any misrepresentation to the Company the Company may, in its sole discretion, take such actions as it deems appropriate, including without limitation, suspending such Member’s privileges under the Program, revoking any or all of the points in such Program Member’s Account, and/or revoking the Program Member’s membership in the Program, in each case, with or without advance notice to the Member and without liability to the Company.

Points will not be awarded if in the Company’s reasonable opinion the merchandise purchased will be used for resale or commercial use and any points awarded on such purchases will be forfeited. If a Member was awarded points for an offer or promotion in which a Member purchased product(s) in excess of reasonable quantities, the points awarded as a result of that offer or promotion may be forfeited without prior notice and the Account may be suspended or closed.

Unless further restricted elsewhere in the Program Terms, Membership is only available to (i) individuals above the age of 18 and who have legal capacity, and (ii) corporations, businesses, charities, partnerships, enterprises, schools or anyone other than an individual, provided that such entity has legal capacity and has duly authorized such Membership. If a Member does not meet the capacity requirements set out above, all points awarded to such Member may be forfeited without prior notice and the Account may be suspended or closed.

2.4 CHANGE IN INFORMATION

Program Members are responsible to advise the Company immediately of any change to their address or other contact information. The Company will not be responsible for any communication not received by a Program Member, provided that the Company sent such communication to the address or other contact information then on file from such Program Member.

2.5 INACTIVE ACCOUNTS

A Program Member Account is deemed to be inactive if points are not earned or redeemed in connection with such Account for one (1) calendar year. Once an Account is deemed to be inactive, all points in such Account may, in the Company’s sole discretion, be deemed to have been forfeited by such Member, with or without notice.

ACCOUNT CLOSURE

Points are reduced to zero upon closure of a Membership.

2.6 SECURITY

If a Membership Number is used by any other person, all points relating to purchases made by such other person will be credited to the Member’s Account. The Company assumes no liability or responsibility for points redeemed by any person(s) prior to a notification to the Company’s Customer Service Centre that the Membership Number has been compromised. Any points redeemed prior to notification shall be at the Member’s risk.

ARTICLE 3

REWARD POINTS

3.1 COLLECTION; REDEMPTION

Points can be earned by Program Members in connection with purchases of goods and/or services made through the Company at www.onyxandrose.com as set forth on the Explainer Page, regardless of method of payment, provided that the Membership Number is presented/entered at the time of purchase.

Points can be redeemed for rewards. When enough points have been accumulated to obtain the reward(s) desired, redemption may occur online as set forth on the Program website or Explainer Page. The redemption schedule, available rewards and other information is available on the Explainer Page.

A Member must provide his/her Membership Number when redeeming points to protect the integrity of the Member’s points balance. Each Member is responsible to ensure that all Personal Information is correct and up-to-date and the Company reserves the right to block redemptions where the Member information is inaccurate or incomplete. Members are solely and entirely responsible for keeping their Account secure. If a purchase price is lower than the redemption value of the points, the remaining dollar value associated with all utilized points will be forfeited.

3.2 VALUE

Points have no cash value and are not exchangeable for cash. The accumulation of points does not entitle the Program Members to any vested rights, and the Company does not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. The Company assumes no liability to Members as regards the addition or deletion of items from or for which points can be collected and/or redeemed.

3.3 TRANSFERABILITY

Except as permitted from time to time by the Company, points cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any points so acquired are void. For the avoidance of doubt, such prohibited transfers include transfers upon operation or law upon the death of a Member.

3.4 RETURN/EXCHANGE POLICY

In the event of a return of any eligible purchase that initially earned points, such points will be deducted automatically from the Account that was used for the eligible purchase (whether or not the Membership Number is presented at the time of return and/or exchange). Points will be deducted at the same rate as they were earned.

Upon the return of products awarded through the redemption of points, all redeemed points will be forfeited.PROMOTION

From time to time, the Company may advertise or offer exclusive offers to select Members to redeem points for items other than a discount reward, or receive other benefits or discounts.

ARTICLE 4

PRIVACY

4.1 CONFIDENTIAL INFORMATION

We are committed to protecting your privacy. We will maintain the privacy and security of all personal information collected from Members, including, but not limited to: name, address, email address, telephone numbers, date of birth, account number and purchasing information (“Personal Information”).

You understand that through your use of the Program, you consent to the collection and use of this information. As part of providing you the Program, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Program and your Account.

4.2 UNSUBSCRIBE

By sharing your email address and as an active customer and Program Member, we and/or our service providers may communicate to you special offers, services, promotions and program information. You can unsubscribe from receiving such messages at any time by updating your online account, by contacting customer service of the applicable entity, or by clicking unsubscribe at the bottom of any promotional email.

ARTICLE 5

GENERAL

5.1 ACCEPTANCE

By enrolling in the Program, each Member (i) certifies that he or she is over the age of majority in the province in which he or she resides (or is supervised by a parent or legal guardian who agrees to the Program Terms) and of mental capacity (or is supervised by a legal guardian who agrees to the Program Terms), (ii) consents to the company’s collection and use of certain personal information, except as he or she may otherwise notify the Company and (iii) agrees to the Program Terms, as they may be amended from time to time.

5.2 OTHER TERMS

These Terms & Conditions are in addition to any other Program Terms, and shall be read together with such other Program Terms as one and the same instrument; provided, that if there is a conflict between any terms set forth in these terms and conditions, the Program Website, the Explainer Page and/or any other Program Terms, such conflict shall be resolved as follows: first, the Explainer Page shall prevail, thereafter these Terms & Conditions, thereafter the Program Website and finally any other Program Terms. For the avoidance of doubt, in the event of any action, proceeding or other dispute arising from or relating to any Program Terms, such dispute shall be settled in accordance with the provisions and procedures set forth in these Terms & Conditions.

5.3 ABUSE

Any abuse by a Member of the Program’s privileges, any failure by a Member to follow these Terms and Conditions, or any misrepresentation by a Member may subject the Member to expulsion from the Program, including forfeiture of all accumulated points.

5.4 WAIVER

Every effort has been made to ensure that the information herein is correct. The Company is not responsible for any errors or omissions in printed copies of these Terms and Conditions nor those published from time to time on its website.

Any waiver by the Company of the strict observance, performance or compliance by a Member with any of the Terms and Conditions contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of the Company as a result of any other failure to observe, perform or comply with the Terms and Conditions. No delay or omission by the Company in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.

In the event that any provision in these Terms and Conditions is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.

5.5 CONTACT

If you have any questions about these Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us at: help@onyxandrose.com

CONTACT US

If you have questions or concerns about these Terms and Conditions, the practices of this website, or if you are interested in reprinting any of the Content of this website, please contact us at: help@onyxandrose.com.