Hello Club Terms

Effective February 23, 2021

Thank you for reviewing the terms (“Terms” or “Rules”) for the Hello Club program (the “Program”). These Terms are between you and Jushi Inc and/or its affiliates (“Beyond / Hello”, “us”, “our” or “we”) and govern our respective rights and obligations. Your participation in the Program is subject to our Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements. The Terms, together with applicable terms related to any promotional offers provided to you by us for use with the Program, constitute the entire agreement between you and Beyond / Hello related to the Program. By enrolling, and continuing to use the Program, you accept these terms, conditions, limitations and requirements. We may make changes to these Terms or terminate the Program in our sole discretion at any time. If we make material changes or terminate the Program, we will notify you by email and/or post the new terms at beyond-hello.com/terms-of-use/.

 

Important Note: THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT THAT AFFECTS YOUR RIGHTS. THE ARBITRATION AGREEMENT REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

 

In consideration of you entering into the Program, you agree to be bound by the following obligations:

1.     Eligibility

A.    You represent and warrant that you are fully able and competent to enter into the Program and to abide by and comply with the Terms.

 

B.    You represent and warrant that you are a Beyond / Hello qualified patient, or an adult-use purchaser 21 years of age or older legally able to participate in the Program and are in compliance with all applicable laws and regulations.

 

C.    In order to enroll in the Program, you must complete and electronically sign certain enrollment forms made available to you. You will not be able to earn reward points (“Points” and each individually, a “Point”) until you complete all such forms and any required fields thereof. Once such form is submitted and your enrollment is completed, you will be eligible to earn Points in accordance with the Terms herein.

2.     Account

A.    You may establish only one account per person to participate in or access the Program. You agree that you will not transfer or sell your account or user ID to another party.

 

B.    To receive information about rewards and updates about Program changes, you must provide and maintain a valid email address and promptly update your account with any changes. You acknowledge that Beyond / Hello will communicate with you about Program changes, rewards and promotional materials and you consent to such communications.

3.     Points and Redemption

A.    Once enrolled in the Program, you will receive one (1) Point for every One Dollar ($1.00) spent on qualifying purchases when using your Hello Club account at Beyond / Hello dispensary locations in the United States (“Participating Properties”).

 

B.    Except for Non-Qualifying Purchases identified below, you may receive Points on purchases for your personal use at any of the Participating Properties. However, we may identify certain products and offers that are not eligible for receiving Points.

 

C.    Points will typically post to your account three (3) business days from the time of your purchase. However, we do not guarantee this and we will not be responsible or liable for any delays in the posting of your Points. If you return an item for which you received Points, we will deduct the corresponding number of Points from your account.

 

D.    If you make a qualifying purchase without providing your Hello Club member ID at the time of purchase, you may request Points within 7 days of purchase by contacting [email protected]. In order to receive such Points, you must provide a copy of your original receipt.

4.     Non-Qualified Purchases

A.    The following purchases or transactions are excluded from receiving Points (“Non-Qualifying Purchases”): purchases made prior to becoming a member, instant rebates, pre-orders at the time of deposit (the Points will be awarded at the time of final payment or at the time you pick up the product), purchases paid with Points, store credit issued by Beyond / Hello, sales tax, service charges, other excluded charges, and certain items that are excluded in particular promotions.

 

B.    Program Points are awarded upon purchase of Beyond / Hello gift cards, but not on redemption of such gift card. All gift cards and prepaid cards are excluded from all bonus Point promotions unless otherwise noted.

5.     Redemption

A.    Members may use Points received under the Program for select purchases, discounts and for Beyond / Hello promotional offers. We may identify certain products and offers which are ineligible for purchase with Points.

 

B.    Points can be used for discounts on future purchases at Participating Properties and may be redeemed (excluding Non-Qualifying Redemptions (as defined below)) only for a discount on purchase amounts greater than the sum of the Points presented for redemption. Points are not transferable and may be used only by the member to whom issued. Points may be used in conjunction with most other discounts or offers toward the purchase of products, not to exceed the purchase amount. All Points will expire six (6) months from the Points issuance date and will no longer be able to be redeemed after such date (the “Expiration Date”). All Points accrued, redeemed and expired will be determined based on a first-in first out (FIFO) accounting convention. Points have no cash value and no change will be given for Points redemption. Points may be used only once. Points expire at 11:59 p.m. ET on the Expiration Date.

 

C.    Except for Non-Qualifying Redemptions identified below, you may redeem Points when the purchase value (excluding tax) exceeds the redemption amount. The following purchases or transactions are excluded from redemption of Points (“Non-Qualifying Redemptions”): prior purchases, any online transaction that contains the purchase of a Beyond / Hello gift card, sales tax, and service charges. Other exclusions may also apply.

 

D.    Points redemption shall be based on the following chart:

 

Points$ Off
200$10
1000$60
2000$140

 

 

6.     Privacy Policy

A.    The information you provide as a member of the Program will be handled according to the Privacy Policy. By accessing the Program, you acknowledge that you have seen, reviewed and understand our Privacy Policy governing the collection, use, storage and disclosure of your personal information. You agree to be bound by the Privacy Policy while you are part of the Program and you also agree that the terms of the Privacy Policy are reasonable. The Privacy Policy may be modified by Beyond / Hello from time to time at its sole discretion and your continued use of the Program after such modification will constitute your acceptance of such modifications.

 

7.     Membership

A.    By joining the Hello Club, you may receive discounts on qualifying purchases of certain products at Beyond / Hello retail stores (“Member Pricing”). Member Pricing will be limited duration offers and subject to offer limitations communicated by us.

8.     Membership Cancellation

A.    You may cancel your membership in the Program at any time by email at [email protected]. If your membership is canceled (either by you or by Beyond / Hello), you will forfeit any remaining Points. If your account has a negative Points balance, we may immediately cancel or reverse any or all outstanding Points.

 

B.    We reserve the right to suspend or terminate your account or remove your Points if we determine, in our sole discretion, that your conduct violates these Terms or any applicable law, involves suspicious activity, fraud or misuse of Program membership, or is harmful to our interests or another customer. We also reserve the right to deny future membership if we deem your conduct to violate these Terms. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

9.     Activity

A.    To remain eligible for the Program, you must maintain an active account. “Account Activity” means a qualifying purchase made with your membership, issuance of Points for incented actions (example: check-in), or reward Points redemption (in store or online) within.

 

B.    If your account is inactive for 24 months, we may terminate your account. You may return your account to active status at any point during the 24-month period by simply engaging in Account Activity. If you wish to be a member in the Program after you are terminated, you must create a new Hello Club account. If a purchase is made after 24 months of inactivity and a new account is not opened, Point accruals may be lost.

10. Member Communications

A.    You may view your membership activity online at beyond-hello.com/hello-club. For information about your membership, contact Beyond / Hello by email at [email protected] with your member ID.

 

B.    We may, in our sole discretion, change these Terms, beyond-hello.com or the Privacy Policy, or any aspect of Program membership. Program Terms are void where and to the extent prohibited by law. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

11. Limitations

 

A.    You may not transfer or assign your Program membership or any Program benefits. Only one Program membership will receive Points in any one transaction. Membership cards, and Points have no cash value and may not be transferred. Additional restrictions may apply to Beyond / Hello employees. You can only redeem one (1) reward per day.

12. Limitation of Liability

A.    IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN BEYOND-HELLO.COM OR THE PRIVACY POLICY, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGRAM. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT OF THE QUALIFYING PURCHASE THAT IS THE SUBJECT OF THE DISPUTE. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR BEYOND / HELLO’S GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS, OR MALICIOUS MISCONDUCT, OR FRAUD.

 

B.    YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BEYOND / HELLO AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

13. Dispute Resolution by Binding Individual Arbitration

A.    ANY DISPUTE INVOLVING YOU AND BEYOND / HELLO OR ANY OF ITS AGENTS SHALL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT AS OTHERWISE NOTED BELOW. “Dispute” shall be interpreted broadly and include any claim or controversy arising out of or relating in any way to your relationship with Beyond / Hello and its subsidiaries, affiliates, and designees, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. This includes (1) the Program; (2) use of Beyond / Hello’s website; (3) any service terms and conditions; and/or (4) any products or services offered, sold, or distributed by Beyond / Hello including, but not limited to, the advertising of or the sales practices for such products and services. Dispute shall also include all disputes that arose before your enrollment in the Program and after the cancellation or termination of the Program, including any claims that are the subject of a purported class action litigation.

 

B.    BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW.

 

C.    Either party may initiate an arbitration proceeding by sending a demand to JAMS pursuant to its Comprehensive Arbitration Rules and Procedures that describes the basis for the claim. You may serve a copy of a demand on our registered agent Business Filings Incorporated c/o JMGT, LLC 1200 South Pine Island Road Plantation, FL 33324. The arbitration will be governed by JAMS Comprehensive Arbitration Rules and Procedures (collectively, the “JAMS Rules”), as appropriate, and as modified by these Terms, and will be administered by JAMS. The JAMS Rules and the form for filing an arbitration claim are available at www.jamsadr.com. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If the arbitrator finds that either the substance of your claim or the relief sought in your demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of arbitrator fees and costs and our attorneys’ fees and costs shall be paid by you. In such case, you agree to reimburse Beyond / Hello for all monies that are your obligation to pay.

 

D.    YOU AND BEYOND / HELLO MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both you and Beyond / Hello agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court determines that public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the parties agree that any claim for public injunctive relief shall be stayed pending arbitration of the remaining claims.

 

E.    NOTWITHSTANDING ANY OF THE FOREGOING, ANY DISPUTE THAT FALLS WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT SHALL BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS. IN ADDITION, EITHER PARTY MAY ELECT TO BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

 

F.    If for any reason a claim may proceed in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury. This dispute resolution section shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, the Program. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending arbitration proceeding.

14. Applicable Law

A.    IN CONSIDERATION FOR PARTICIPATING IN THE PROGRAM, YOU AGREE THAT THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST BEYOND / HELLO ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE PROGRAM. VENUE FOR ANY DISPUTES OR CLAIMS AGAINST BEYOND / HELLO ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE PROGRAM SHALL BE PALM BEACH COUNTY, FLORIDA.

 

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