MYELEMENT TERMS AND CONDITIONS
Effective Date: November 30 2019
PLEASE READ THESE TERMS CAREFULLY. BY PARTICIPATING IN MYELEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU CANNOT PARTICIPATE IN MYELEMENT.
When you create a user account, you will automatically be enrolled in the loyalty program (hereafter “MYELEMENT”) for ELEMENT (“Company,” “we,” or “us”). By creating an account and/or enrolling in MYELEMENT, you agree (or, if you are under the age of majority, you have obtained your parent or legal guardian’s consent) to participate in MYELEMENT. By participating, you will have an opportunity to subscribe to receive communications from Company, some of which may be commercial in nature.
MYELEMENT is valid online in the United States and Canada (hereafter, the “Sites”), and at participating retail stores in the United States and Canada (hereafter, the “Stores”).
A. Acceptance of Terms and Conditions of Membership
Individuals under the age of majority must obtain prior authorization from their parent, guardian or legal representative to join MYELEMENT and by participating in MYELEMENT, we assume you have such permission. Employees, officers, directors, agents and representatives of Company are ineligible for membership in MYELEMENT. You must read and agree to these terms and conditions of membership in MYELEMENT (“Insider Terms”), as set out below.
EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, Company may, in its sole discretion, alter, limit, or modify the MYELEMENT rules, regulations, Rewards (as defined in Section B below), eligibility for membership, or any other feature of MYELEMENT or may suspend or terminate MYELEMENT at any time in its sole discretion, without giving you prior notice. In such instance, your Points (as defined in Section B below) may terminate or expire. Moreover, Company reserves the right to terminate your account and/or your participation in MYELEMENT if Company determines in its sole discretion that you have violated these Insider Terms, you have more than one (1) account, or that the use of your account or any content or materials owned by Company is disruptive, unauthorized, deceptive, fraudulent or otherwise unlawful.
B. Principle of MYELEMENT
As a MYELEMENT member, you can earn MYELEMENT points (“Points”) by (i) purchasing Company brand merchandise and eligible third-party merchandise as determined by Company in its sole discretion (excludes the purchase of e-gift cards, gift cards, and/or shipping) on the Sites and at Stores; and (ii) participating in Point-earning activities offered by Company from time to time (e.g., double Points Tuesdays, responding to a survey, etc.). Points earned in this way give you the ability to join different membership levels offering access to select rewards (“Rewards”) as determined by Company in its sole discretion.
C. Membership in MYELEMENT
To join MYELEMENT, simply ask about it at one of our Stores or join online on the Sites. You must create an online user account in order to participate in MYELEMENT. Upon joining, you will receive a welcome email with a member number. In order to get the most complete experience out of your MYELEMENT membership, including receiving exclusive MYELEMENT offers, Company recommends that you subscribe to receive all MYELEMENT emails. You will periodically receive emails from us. Some of these will be marketing emails, if you have subscribed to receive such emails, while others will be transactional emails that relate to your membership in MYELEMENT. Examples of transactional emails are: the welcome email, account statement emails, earned Rewards emails or other communications that help us to maintain your user account. At any time, you may opt out of marketing emails, transactional emails, or both. If you opt out of marketing emails, you will not be notified of all Rewards opportunities that you would have otherwise been notified about had you agreed to receive marketing emails from us (e.g., birthday offer and special promotions). You may still access your loyalty membership status, earned Points and Rewards, by logging into your account.
You are responsible for the accuracy of the information you provide and shall be solely liable for any incorrect, incomplete or out-of-date information. Company reserves the right to request at any time any document to prove the identity of the person who has joined or wishes to join MYELEMENT, particularly in the case of two people with the same name.
Only one membership in MYELEMENT is permitted per person and email address. In the event of a dispute over ownership of your user account, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Insider Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Membership in the MYELEMENT, Points and Rewards are non-transferable, personal and for individuals’ own private, non-professional use only. Membership, Points and Rewards cannot be assigned.
Membership begins when you join MYELEMENT. You may earn Points immediately after joining MYELEMENT.
Your membership Rewards include the following:
- Discount offer: The amount of your Reward will be determined by the total amount of your purchase. $1 spent = 1 point. Every 200 points = $15 off eligible purchases. Rewards shall be awarded in $15 (U.S. or Canadian dollars, as applicable, based on country of purchase) increments as follows:
- If you accumulate 200 Points or more but less than 400 Points, you shall receive a Reward of $15 off your next purchase.
- If you accumulate 400 Points or more but less than 600 Points, you shall receive a Reward of $30 off your next purchase.
- If you accumulate 600 Points or more but less than 800 Points, you shall receive a Reward of $45 off your next purchase.
- If you accumulate 800 Points or more but less than 1,000 Points, you shall receive a Reward of $60 off your next purchase.
- If you accumulate 1,000 Points or more, you shall receive a Reward of $75 off your next purchase.
Each reward shall be valid for two (2) months from date of issuance or such other time as set forth on the Reward. Rewards may only be used for the purchase of Company brand merchandise on the Sites or at Stores. Each Reward may only be used once. Limitations on the number of Rewards that can be used in a single transaction may apply. Rewards have no market or cash value and are non-transferable.
- Birthday Reward: You shall receive a birthday reward once a year of 20% off. Each reward shall be valid for one (1) month from date of issuance or such other time as set forth on the Reward. Rewards may only be used for the purchase of Company brand merchandise on the Sites or at Stores. Each Reward may only be used once. Limitations on the number of Rewards that can be used in a single transaction may apply. Rewards have no market or cash value and are non-transferable.
- Anniversary Reward: You shall receive a 20% off anniversary reward once a year. Each Anniversary Reward shall be valid for one (1) month from date of issuance or such other time as set forth on the Reward. Rewards may only be used for the purchase of Company brand merchandise on the Sites or at Stores. Each Reward may only be used once. Limitations on the number of Rewards that can be used in a single transaction may apply. Rewards have no market or cash value and are non-transferable.
- Free standard shipping: You shall receive free standard shipping on all purchases made on the Sites within Canada and all 50 U.S. states, APO/FPO addresses, and the following U.S. territories: Guam, Puerto Rico, US Virgin Islands, and American Samoa only.
Some Rewards may only be available to residents of a particular country (e.g., U.S. only or Canada only). You may, from time to time, receive additional Rewards as determined by Company. See specific Reward pages for details. Company reserves the right to substitute Rewards at its sole discretion. Unless otherwise noted by Company, Rewards cannot be combined with any other offers. You cannot use Rewards retroactively for prior purchases. Company is not responsible for lost or stolen Rewards. If you opt out of certain types of emails, you may not be able to receive Rewards by email.
Points have no monetary or real-world value. Unless a special offer is applicable (e.g., double Points Tuesdays), you shall earn one Point for every U.S. or Canadian dollar [$1.00] you spend (as applicable, based on country of purchase) (excludes the purchase of e-gift cards, gift cards, and/or shipping) on the Sites or in a Store. Points may be earned in fractional amounts depending on the value of your purchase and will be rounded up to the next dollar. When making a purchase on the Sites, you must log-in to your user account in order to earn Points. From time to time, we, or others acting with our permission, may offer you special promotions that offer you “Promotional Points.” Promotional Points, such as “bonus” Points, will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer.
No Points will be earned for purchases made on the Sites using the guest checkout option. Any purchases you make prior to joining MYELEMENT will not be eligible for Points.
Company reserves the right, in its sole discretion, to determine and establish the value of Points. In the event of a dispute regarding the number of Points earned by a member, Company shall have the sole discretion to determine the accurate number of Points earned by such member. All decisions by Company with respect to Points are final.
G. Updating Your Account
Participation in MYELEMENT requires an email address and a valid password. You should consider your user password confidential information. Anyone with knowledge of both your email address and password can gain access to your account. You agree to immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your email and password. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS.
It is your responsibility to keep your information up to date and to notify Company of any changes by editing your user account information. You shall be solely liable for any out-of-date, incomplete or inaccurate information. Under no circumstances may Company be held liable in the event that you do not receive Points or a Reward due to out-of-date, incomplete or inaccurate information.
You may close your user account by sending an email request to email@example.com.
H. Fraudulent Use of MYELEMENT
Any fraud, attempted fraud or theft on the Sites or at a Store, any wrongful or inappropriate use of MYELEMENT, any abnormally high number of transactions found to have been made over one or more days, any payment incident or more generally any violation by you of these Insider Terms shall lead to the automatic suspension or permanent deactivation of your membership in MYELEMENT. Company reserves the right to suspend or deactivate your account, MYELEMENT and/or cancel Rewards and you shall have no right to claim any compensation. In addition, any Points acquired in violation of these Insider Terms or through misuse or fraudulent use shall be cancelled without any form of compensation.
I. Amendment, Failure or Interruption of MYELEMENT
EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, Company reserves the right to amend these Insider Terms at any time, without providing you notice. Company also reserves the right to change Rewards offered, as well as to amend or suspend MYELEMENT.
Company shall be exempt from any liability for all consequences, direct or indirect, of any failures of MYELEMENT. No amendment, withdrawal or failure of MYELEMENT shall give you an entitlement to compensation. If MYELEMENT is suspended, any Points earned may no longer be valid or honored by Company, at Company’s sole discretion.
IN NO EVENT WILL COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR PARTICIPATING IN MYELEMENT, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM MEMBERSHIP IN MYELEMENT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE OR MISUSE OF MYELEMENT.
BY PARTICIPATING IN MYELEMENT, YOU ACKNOWLEDGE THAT MYELEMENT, THE REWARDS, AND THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT: (A) THE SITES, MYELEMENT, OR THE REWARDS WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITES OR MYELEMENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE QUALITY OF THE SITES, MYELEMENT, OR THE REWARDS WILL MEET YOUR EXPECTATIONS; AND/OR (D) ANY ERRORS OR DEFECTS ON THE SITES, OR WITH RESPECT TO MYELEMENT OR REWARDS WILL BE CORRECTED.
PARTICIPATION IN MYELEMENT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, ELECTRICAL SYSTEM, WIRELESS ROUTER OR COMMUNICATION DEVICE, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITES OR IN CONNECTION WITH MYELEMENT. COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.