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Terms and Conditions for True Botanica Member Club
These terms and conditions (this "Agreement") govern the True Botanica Member Program. The True Botanica Member Program is a loyalty program brought to you by True Botanica, LLC (collectively "we," "us," "our," "ours"). Purchase or use of any membership in the True Botanica Member Program ("Membership") at any time subjects the purchaser or user ("you," "your," "yours," "Member") to the provisions of this Agreement.
- BENEFITS.
- CERTAIN CONDITIONS.
- MEMBERSHIP FEE.
- TERM; CONTINUOUS MEMBERSHIP; BILLING.
- CANCELLATION; TERMINATION.
- MEMBER PRIVACY POLICY.
- DISCLAIMERS; LIMITATION OF LIABILITY.
- GOVERNING LAW.
- BINDING ARBITRATION.
- ACKNOWLEDGMENT.
- CHANGES TO THIS AGREEMENT.
- BENEFITS. The True Botanica Member Program entitles Members to the following benefits:
- 5% off all retail purchases, to be applied after any other discounts have been applied and excludes any shipping/handling fees and all applicable taxes
- One free 50 ml bottle per month from the available Tinctures and Trace Mineral supplements (shipping and handling costs will be charged); All tinctures are for current membership year and must be ordered on a monthly basis. This benefit does not carry over to a subsequent month or to a subsequent membership year. Unclaimed free tinctures will be made available through the True Botanica Social Fund to practitioners for clients who cannot otherwise afford to purchase the supplements.
- Quarterly print or electronic members only newsletter as available
- First choice purchase for limited items
- Free copies of selected product literature
- Conference discounts
- An initial free gift to be determined by True Botanica, LLC
- Periodic members-only special promotions.
- CERTAIN CONDITIONS.
- For any Member's discount or other benefit to apply, the Membership account must be active and available at the time of purchase. Members will NOT be reimbursed retroactively for purchases made without a Member discount at the time of purchase.
- Member's everyday discount is only valid on eligible purchases directly from True Botanica and online at www.truebotanica.com. The Member's everyday discount is not available on the purchase of any of the following items: Gift Cards; Online Gift Certificates; shipping or handling fees; or Membership fees (new or renewal).
- Member's everyday discount cannot be used in conjunction with any coupons, any corporate or prearranged group discounts, or wholesale accounts, unless specifically stated.
- Memberships are non-transferable. When used online at www.truebotanica.com, a Member number may only be associated with one www.truebotanica.com account.
- We expect Members to submit and maintain accurate and current user information in connection with their Memberships. Such information includes name, address, email address, and telephone number. Members can change their account information by
- updating Member profile data through an authenticated www.truebotanica.com account, or
- calling us at 800-315-8783 (Members located outside of the U.S. should call 262-646-5573)
We cannot assume any liability for correspondence, mail or e-mail that is lost, delayed, or misdirected.
- 3. MEMBERSHIP FEE. The annual Membership fee is currently $100. We may change the Membership fee at any time, but changes will apply only to new and renewal Memberships. The fee is not refundable unless the Membership is canceled during the first thirty (30) days of the Membership term (including any renewal term).
- 4. TERM; CONTINUOUS MEMBERSHIP; BILLING. The initial term of a Membership shall commence on the date it is purchased and continue until one year from the last day of the calendar month in which the Membership was purchased.
- 5. CANCELLATION; TERMINATION.
- You have the right to cancel your Membership at any time. If you cancel your Membership, you will only be entitled to a full refund of your Membership fee if you cancel during the first thirty (30) days of your initial or renewal Membership term. No refunds will be available after such thirty (30) day period (unless we terminate the True Botanica Member Program; see Program Termination section below). If you purchase your Membership online at www.truebotanica.com or by phone, you can cancel your Membership by
- calling us at 800-315-TRUE (Members located outside of the U.S. should call 262-646-5573) or
- contacting us via email at members@truebotanica.com.
- We may terminate your Membership, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests. In the event of any such termination, you will be entitled to a pro rata refund of your Membership fee.
- We may terminate any or all of the benefits available under the True Botanica Member Club at any time with or without notice. In the event of our termination of this program, at our election we will either maintain your Membership benefits until expiration of the Membership current term or refund each Member a pro rata portion of the Membership fee for the remaining portion of the current Membership term.
- 6. MEMBER PRIVACY POLICY. Click here to view True Botanica's Privacy Policy.
- 7. DISCLAIMERS; LIMITATION OF LIABILITY. USE OF THE TRUE BOTANICA MEMBER PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRUE BOTANICA, LLC AND ALL OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY "MEMBERSHIP PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT
- THE TRUE BOTANICA MEMBER PROGRAM WILL MEET YOUR REQUIREMENTS,
- THE TRUE BOTANICA MEMBER PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE TRUE BOTANICA MEMBER PROGRAM WILL MEET YOUR EXPECTATIONS. MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE TRUE BOTANICA MEMBER PROGRAM OR ANY BENEFITS THEREOF;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE THE TRUE BOTANICA MEMBER PROGRAM;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRUE BOTANICA MEMBER PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE TRUE BOTANICA MEMBER PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- 8.GOVERNING LAW. This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without regard to conflict of law principles.
- 9.BINDING ARBITRATION. Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or the True Botanica Member’s Club shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude True Botanica, LLC from seeking any injunctive relief in State or Federal courts for protection of their respective intellectual property rights (including such rights of their respective licensors).
- 10.ACKNOWLEDGMENT. This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the True Botanica Member Program with respect to the True Botanica Member Program and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any portion of the True Botanica Member Program is deemed to have accepted the terms and conditions of this Agreement.
- 11.CHANGES TO THIS AGREEMENT. We may change the terms of this Agreement at any time by posting a revised Agreement on the Member Program website located at www.truebotanica.com/members.html. We may also notify Members of such change in writing either by regular mail or via email to the email address in the Member's account. Any change shall take effect immediately, unless otherwise provided. You may view the current version of this Agreement at any time online at www.truebotanica.com/members.html or you may obtain a copy of it by calling 800-315-TRUE (Members located outside of the U.S. should call 262-646-5573). This Agreement was last modified on August 15, 2009.
By purchasing the membership you agree to the above terms and conditions.
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