Rewards Club Terms and Conditions

BHFO REWARDS CLUB TERMS AND CONDITIONS

 

BHFO, Inc (“BHFO”) is proud to offer its customers membership in the BHFO Rewards Club (the “Club”) via its website, BHFO.com (the “Website”). By creating an account on the Website, you agree to participate in the Club, if available to you, and to be bound by the following Terms and Conditions (“Terms”). Please read these Terms carefully before participating in the Club. These Terms govern your participation in the Club, along with BHFO’s Terms of Service and Privacy Policy (collectively the “Agreement”), and applies to all Club participants

 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE SEE THE SECTION TITLED “DISPUTES” BELOW FOR MORE INFORMATION.

 

  1. WHO CAN JOIN: The Club is available to persons 18 years or older who reside in the United States and who have joined the Club as described in these Terms.(“Member”). The Club may be used only for personal and noncommercial use. Club membership is only available to individuals. One Club membership account is permitted per Member. Club membership is not available to corporations, businesses, charities, partnerships, enterprises or any other legal entities. Club rewards points (“Points”) are non-transferable and cannot be combined. Members may not direct or encourage other individuals to use a single account to accumulate Points.
  2. HOW TO JOIN AND OPT-OUT: If you are eligible, you will be automatically enrolled in the Club when you create an account at BHFO. You will need to provide your first and last name and a valid email address to create an account. You can cancel your membership in the Club at any time by contacting customer support at customercare@BHFO.com or calling toll free 855-LUV-BHFO (855-588-2436). If you cancel your membership in the Club, any accumulated points will be deleted. If you later re-join, any deleted points will not be reinstated.

 

  1. EARNING POINTS: Once you become a Member, you can earn reward points through merchandise purchases on BHFO.com when you are logged into your membership account or when you provide the email address associated with your account during checkout. Members can also earn Points by participating in certain activities specified herein or from time to time by BHFO (“Activities”)
    1. Purchases: Members earn one (1) Point for every one United States dollar ($1) spent, rounded down to the nearest whole dollar, when they purchase qualifying merchandise minus the value of any promotions, discounts, or coupons. Depending on their tier, Members may qualify for point multipliers, as defined in ¶ 4.
    2. Points cannot be earned on the following items (“Excluded Items”): gift cards, shipping protection products, and any products marked as an Excluded Item on the Website. BHFO may update the list of Excluded Items at any time, at its discretion. Calculation of Points excludes payment by Member for shipping charges, all taxes, including without limitation, federal, state, and local taxes or use taxes, or other fees. Points will not be earned on any promotional discounts or other credits offered. Points cannot be earned on purchases made on eBay or other third-party marketplaces.
    3. Points will be awarded after the order is fulfilled from BHFO’s warehouse, not when the order is placed. It may take up to thirty (30) days for points to appear in the Member’s account. Points are deducted for refunds we may grant, returns, and/or exchanges  products that received Points. 
    4. Qualifying Activities: Members may earn bonus points by participating in certain qualifying activities as listed below. BHFO may update this list of qualifying activities on this site at any time without notice.

Description

Points

Follow us on Instagram

100

Like us on Facebook

100

Share us on Facebook for the first time

100

Celebrate the Anniversary of the date the Member account was created

200

New Customer Account Signup

200

Celebrate a birthday

200

Initial signup for email list

300

Referring a customer who makes a purchase of $100 or more.

·         Points granted only once for each customer referral to a unique individual who makes a qualifying purchase.

·         Must use link we provide for the referral

200

  1. VIP TIER: There are three VIP tiers of membership in the Club: Trendsetter, Influencer and Fashionista. Achieving Influencer and Fashionista tiers requires a minimum spend, as explained below and not including Excluded Items. Maintaining Influencer and Fashionista tiers requires a minimum spend per year, as of the date that Influencer or Fashionista tier was acquired. All VIP tiers qualify for birthday and anniversary campaign benefits. All VIP tiers qualify for short term promotions where Members receive two points for each dollar spent on merchandise (“Double Point Days”). Tier multipliers do not apply on Double Point Days. The type, timing, and availability of any benefits, or campaigns will be determined by BHFO in its sole discretion. Completion of qualifying activities are not affected by Point multipliers.

Trendsetter

Trendsetter status is awarded to Members upon account creation.   A Member will remain a Trendsetter indefinitely until the Member spends a minimum of $500 on eligible purchases within a calendar year or the Membership is terminated. All Trendsetters earn 1.0 points for each dollar spent on qualifying merchandise.

Influencer

  • Trendsetter Members achieve Influencer status after spending a minimum of $500 on eligible purchases within a calendar year.
  • After doing so, Members will be designated as Influencers for a one-year period, beginning on the date that they reached the $500 purchase total in that calendar year.
  • To retain Influencer status, Influencer Members must spend a minimum of $500 on eligible purchases within one year of the most recent date of attaining or retaining Influencer status.  
  • If an Influencer Member does not spend a minimum of $500 on eligible purchases within one year of the most recent date of attaining or retaining Influencer status, the Member will return to Trendsetter status.
  • All Influencers earn 1.5 points for each dollar spent on qualifying merchandise.

Fashionista

  • Members achieve Fashionista status in one of two ways: If a Member is a Trendsetter in a given calendar year and spends a minimum of $1,000 on eligible purchases within that calendar year, the Member will achieve Fashionista status.  If a Member is an Influencer and spends a minimum of $1,000 within one year of the most recent date of attaining or retaining Influencer status, the Member will achieve Fashionista status.   
  • After achieving Fashionista status so, Members will be designated as Fashionistas for a one-year period, beginning on the date that they qualified as Fashionistas.
  • To retain Fashionista status, Members must spend a minimum of $1,000 on eligible purchases within one year of the most recent date of attaining or retaining Fashionista status.
  • If a Fashionista Member does not spend a minimum of $1,000 on eligible purchases within one year of the most recent date of attaining or retaining Fashionista Status, the Member will either: (i) return to Influencer status for a one-year period if the Member has spent a minimum of $500 on eligible purchases with one year of the most recent date of attaining or retaining Fashionista Status; or (ii) return to Trendsetter status if the Member has not spent a minimum of $500 on eligible purchases with one year of the most recent date of attaining or retaining Fashionista Status.
  • All Fashionistas earn 2.0 points for each dollar spent on qualifying merchandise.
  1. REDEMPTION OF POINTS: Points are redeemable for the purchase of merchandise from the BHFO website excluding [ ]. In exchange for Points earned, Members can receive a discount applied to the purchase price of merchandise. For every two hundred fifty (250) Points earned, in exchange for redemption, Members will receive a five dollar ($5) credit issued their account. Members may apply their credits to purchases at checkout if they wish to do so. A maximum of seven hundred fifty (750) Points, fifteen ($15) in credits, may be redeemed towards any single purchase. Any items purchased through the redemption of Points may not be exchanged or returned for cash or credit and will not be counted towards earning additional points.
  2. REDEMPTION CONDITIONS: The Club and/or the Points are void where prohibited by law. Points are not cash, have no cash value without a purchase and may not be altered, sold, bartered or transferred other than by BHFO or as provided in for these Terms and Conditions. Any receipt or use of Points in violation of these Terms and Conditions will render such Points void. BHFO may, in its sole discretion alter, limit or terminate a Member’s participation at any time. Points cannot be combined with any other offer, discount, coupon or promotion. Points, however and whenever earned, will be forfeited if the Member remains inactive on BHFO.com for any twelve (12) month period by failing to: a) make further merchandise purchases on BHFO.com, b) earn any Points beyond those awarded for Birthday or Anniversary Campaigns, or c) redeem any Points for credit. All accumulated points will be forfeited if you cancel your Club membership. Such forfeitures will occur WITHOUT ANY WARNING OR PRIOR NOTICE FROM BHFO.
  3. BHFO’S RIGHT TO MODIFY OR TERMINATE THE CLUB: BHFO reserves the right to change the Club, and modify these Terms and Conditions at any time in its sole and absolute discretion. By joining the Club, you hereby agree to be bound by any such changed Terms. Such changes may include, for example:

 

  • The number of Points earned for purchasing merchandise or engaging in an Activity;
  • Limiting the availability of earning Points to the purchase of specific merchandise items;
  • Modifying the conditions on or type of Activities that will result in earning Points (as per ¶ 3 d. above);
  • Adjusting (upwards or downwards) the number of Points earned per dollar spent;
  • Modifying the conditions on redeeming Points;
  • Establishing expiration periods for Points; and
  • Modifying the procedure for becoming a Member.

In addition, BHFO reserves the right to cancel the Club altogether. If the Club is suspended or terminated, any Points earned as of the date of cancellation will continue to be valid for one year from the date of cancellation, unless a shorter expiration period was in effect at the time of cancellation. However no Points earned during any period of suspension or following termination of the Club.

 

If the Club is suspended or terminated, BHFO will use commercially reasonably efforts to notify you via its Website and/or, to the extent possible, email notification, but BHFO is not responsible for any failure or delay in providing any such notification. Such notice will explain the change and when it takes effect. However, due to an event beyond BHFO’s reasonable control (i.e. a force majeure event, such as a riot, civil commotion, governmental action, natural disaster, pandemic/epidemic, materials shortage, act of fraud etc.), BHFO reserves the right to have such changes take effect immediately, without liability of any kind under any legal theory. It is your responsibility to check or review these Terms from time to time to keep informed of any changes, including with respect to the existence of the Club.

 

YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

 

  1. MEMBER’S CODE OF CONDUCT: BHFO believes in full transparency and in full, fair and effective disclosures of material facts relating to Member’s relationship with BHFO. BHFO requires that all Members abide by the United States Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Endorsement Guides”). Per the FTC Endorsement Guides, a Member must disclose the Member’s connection to BHFO when speaking favorably about or otherwise promoting BHFO and/or the Club.

Any conduct determined by BHFO, in its sole and absolute discretion, to violate the Agreement will result in BHFO withholding Points, coupons, or other benefits available under the Club program, and/or suspending or terminating the Member’s Club account. No prior notice of such action will be provided to by BHFO.

  1. RELEASE: To the fullest extent permitted by law, in becoming a Member and/or participating in the Club, you hereby release and hold harmless BHFO and its parent, subsidiaries, affiliates, partners, shareholders, members, officers, directors, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any and all claims, damages, losses, liabilities, and other expenses (including attorneys’ fees) arising from or in any way relating to your participation in the Club under any legal theory.

 

  1. INDEMNIFICATION: You agree to indemnify, defend and hold harmless BHFO and our parent, subsidiaries, affiliates, partners, shareholders, members, officers, directors, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, your participation in the Club or your violation of any law or the rights of a third-party.
  2. NO REPRESENTATIONS OR WARRANTY: ALTHOUGH BHFO RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES, YOU ACKNOWLEDGE THAT THE CLUB AND ALL INFORMATION WITH RESPECT THERETO ARE PROVIDED ON AN “AS IS,” AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND AND THAT YOUR PARTICIPATION IN THE CLUB IS AT YOUR SOLE RISK. BHFO DOES NOT WARRANT THAT THE CLUB OR ANY INFORMATION, CONTENT OR FUNCTIONALITIES OFFERED IN CONNECTION WITH THE CLUB, OR ANY ELECTRONIC COMMUNICATIONS SENT FROM BHFO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPENENTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BHFO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  3. LIMITATION OF LIABILITY: WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT BHFO AND AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE CLUB; THE INABILITY TO PARTICIPATE IN THE CLUB; OR ANY INFORMATION CONTENT OR FUNCTIONALITY OFFERED IN CONNECTION WITH THE CLUB. THESE LIMITATIONS APPLY TO ALL LOSSES AND DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PART OF THE CLUB OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP PARTICIPATING IN THE CLUB.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BHFO UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

  1. PRIVACY: Your participation in the Club is subject to BHFO’s Privacy Policy, which may be found at Privacy Notice. BHFO strongly encourages you to review its Privacy Policy so you understand how BHFO will collect, use and share your personal information in conjunction with the Club.
  2. GOVERNING LAW: The laws of the State of Iowa shall govern these Terms and Conditions without regard to conflict of law principles. Member expressly consents to the exclusive jurisdiction and venue in the courts located in Iowa for all matters arising in connection with these Terms and Conditions or Member’s participation in the Program, subject to the limitations set forth ¶ 15 below.
  3. DISPUTES: PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

INSTEAD OF SUING IN COURT, WE EACH AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR PARTICIPATION IN THE CLUB, OR TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY BHFO, WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE ARBITRATION SHALL BE CONDUCTED BY A SINGLE MUTUALLY-ACCEPTABLE ARBITRATOR PURSUANT TO THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL TAKE PLACE IN CEDAR RAPIDS, IOWA. If this location is not convenient for you, please let us know and we will work to determine a mutually convenient location. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR. 

 

YOU FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.

 

ARBITRATION DIFFERS FROM CIVIL LITIGATION AND TRIALS IN COURT IN A NUMBER OF SIGNIFICANT WAYS. THE RULES IN ARBITRATION ARE DIFFERENT, AND THE ARBITRATOR, RATHER THAN A JUDGE, MAKES ALL OF THE DECISIONS. IN AN ARBITRATION PROCEEDING, THERE ALSO IS NO JURY, AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. YOUR RIGHT TO APPEAL THE ARBITRATOR’S RULINGS IS ALSO VERY LIMITED UNDER THE FEDERAL ARBITRATION ACT. THE ARBITRATOR, HOWEVER, CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT, SUBJECT TO THE LIMITATIONS STATED IN THIS AGREEMENT. DEPENDING UPON THE OUTCOME OF THE ARBITRATION, YOU MAY BE REQUIRED TO PAY CERTAIN FEES, EXPENSES AND THE ARBITRATOR’S COMPENSATION.

 

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.