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.