Loyalty Terms of Use

THESE TERMS AND CONDITIONS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION TO RESOLVE ALL DISPUTES. DETAILS ARE SET FORTH BELOW. IF YOU CHOOSE TO PARTICIPATE IN THE PROGRAM, THESE TERMS AND CONDITIONS FORM A BINDING CONTRACT BETWEEN YOU AND Athena Cosmetics Inc. ("Company"). BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE PRIVACY POLICY, WHICH IS INCORPORATED INTO, AND PART OF THIS CONTRACT.

MEMBERSHIP

RLC Loyalist, the RevitaLash® Cosmetics loyalty program (the “Program") is offered by Company to customers making purchases and to potential customers on revitalash.com. Company will extend certain perks and privileges as described in more detail herein, and additional offers may be extended from time to time. These terms and conditions (hereinafter "Terms and Conditions") form the agreement (the "Agreement") between you ("Member") and Company with respect to the Program.

MEMBER’S ACCEPTANCE OF TERMS

By participating in the Program, Member agrees to the terms and conditions, rules, regulations, policies, and procedures of the Program, including, without limitation, these Terms and Conditions, including the provisions below dealing with mandatory arbitration of all disputes. Each Member is responsible for remaining knowledgeable about the Program Terms and Conditions. Company reserves the right to disqualify Members who have violated any of the Program Terms and Conditions.

COMPANY'S RIGHT TO CHANGE/CANCEL PROGRAM

Company may alter, limit, modify or terminate the Program, the Program structure, any other feature of the Program, or these Terms and Conditions in its sole and absolute discretion at any time and in any manner without notice. Your continued participation in the Program will confirm your acceptance of such changes. If the Program is terminated, all unredeemed benefits will be forfeited without any obligation or liability and will not be honored upon termination or after the conclusion of the notice period, if any notice is required by law. In all matters relating to the administration of the Program, the decisions of Company will be final.

MEMBERSHIP ELIGIBILITY AND SECURITY

The Program is open to U.S. residents eighteen (18) years of age or older. Membership is limited to individuals only and is limited to one account per individual. Membership is not available to corporations, businesses, charities, partnerships, enterprises, or anyone other than an individual, unless written approval is received in advance from Company, in its sole and absolute discretion.

In order to enroll in the Program, you will have to register and create an account with us and provide one or more names, email addresses, login usernames and passwords (together, “ID”). You are responsible for maintaining the confidentiality of your ID. You agree not to use the ID of any third party or disclose your ID to any third party. You are responsible for any and all activity that occurs on your account. If you suspect any unauthorized use of your account, you must notify us immediately. You agree to provide us with correct and complete account information at all times and inform us of any changes to the information you have provided. We will keep your ID confidential.

MEMBERSHIP ENROLLMENT

Individuals can enroll by creating an account at revitalash.com. Membership is free and no initial purchase is required in order to become a Member. Member must provide information accurately and completely when creating an account. Company reserves the right to refuse membership to any customer who does not follow the enrollment procedures. Member should promptly advise Company of any changes to their personal account contact information, such as name, address, telephone number(s) and/or email address, by visiting https://www.revitalash.com/rewards and updating their member account.

PROGRAM COMMUNICATIONS

Company will communicate with Members about marketing via email, SMS and other channels, including about special Member promotions, offers and more. Company will also use these channels to communicate the Member’s tier status, notify Member of eligibility for a benefit, communicate Program changes and more. Company is not responsible for communications, offers, or rewards sent to out-of-date email, SMS or other addresses. Please note that even if you opt out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.

DATA PRIVACY

See https://www.revitalash.com/pages/privacy-policy for information about Company's privacy policy.

RETURNS AND EXCHANGES

Merchandise returns and exchanges must be made in accordance with Company's return policy available at https: https://www.revitalash.com/pages/returns-exchanges.

In the event of a return/exchange of any eligible purchase that initially earned points, such points will be deducted automatically from the account that was used for the eligible purchase (whether or not the membership number is presented at the time of return and/or exchange). Points will be deducted at the same rate as they were earned.

Upon the return and/or exchange of products awarded through the redemption of points, all redeemed points will be forfeited.

PROMOTION

From time to time, Company may advertise or offer exclusive offers to select Members to redeem points for items other than a discount reward, or receive other benefits or discounts.

ELIGIBLE PURCHASES

Purchases of merchandise and/or services, after promotional offers have been applied, before taxes and shipping charges have been applied, made at revitalash.com, count toward Member’s Program tier status. The amount of a purchase made with store credit as method of payment will not be applied to Tier Level earnings. The amount of a purchase made with a RevitaLash Cosmetics gift card as method of payment will not be applied to Tier Level earnings. The purchase of a RevitaLash Cosmetics gift card will be applied to Tier Level earnings. Additional items may be excluded from Tier Level accumulation at the sole discretion of Company.

TIER LEVELS

Program tier status is based on Member’s total dollar spend on revitalash.com and other activities detailed under the heading “Earning Points” below. Points are earned per $1 spent. The criteria for each Tier Level are as follows:

Bronze: A Member receives Bronze status upon creating an account with revitalash.com.

Earn 10 points per $1 spent.
Receive 1000 points on your birthday.

Silver: If a Member spends $300-$699 on revitalash.com in a calendar year (January 1 to December 31), the Member will be promoted to Silver status. Once achieved the Member will maintain Silver status for the remainder of the calendar year and the following full calendar year. Each subsequent new calendar year requires the Member to spend $300-699 on revitalash.com to maintain Silver status. If a Member does not spend $300-699 in a particular calendar year, the Member will revert to Bronze status, losing Silver benefits.

Earn 11 points per $1 spent.
Receive 1500 points on your birthday.

Gold: If a Member spends $700+ on revitalash.com in a calendar year (January 1 to December 31), the Member will be promoted to Gold status. Once achieved the Member will maintain Gold status for the remainder of the calendar year and the following full calendar year. Each subsequent new calendar year requires the Member to spend $700+ on revitalash.com to maintain Gold status. If a Member does not spend $700+ in a particular calendar, the Member will revert to Silver or Bronze status, depending on spend, losing Gold benefits.

Earn 12 points per $1 spent.
Receive 2000 points on your birthday.

EARNING POINTS

Members can earn points by creating an account, and with the purchase of products at revitalash.com based on their Tier Level status.

They can earn additional points by completing activities such as:

Following us on Twitter (100 points)
Following us on Instagram (100 points)
Liking us on Facebook (100 points)

Members will receive points for their annual birthday reward based on their Tier level status. A Member must be a registered user of the Website in order to earn points for online purchases. Points are only a measurement of a Member’s participation in the Program. Points are only redeemable for awards as provided for by the Program. Points may not be transferred by operation of law, such as by inheritance or in bankruptcy.

POINT REDEMPTION

Points can be redeemed at revitalash.com for purchases in increments of $10 for every 1000 points redeemed, provided that the Member’s purchase is equal to or greater than the value of points being redeemed (i.e. to use a $10 reward there is a minimum purchase amount of $10). In order to redeem points, a Member will need to provide account information.

POINT AND REWARDS EXPIRATION

ALL points will expire after 24-months of inactivity after joining the Program.

A Program Member account is deemed to be inactive if points are not earned in connection with such account for 24 months. Once an account is deemed to be inactive, all points in such account may, in Company’s sole discretion, be deemed to have been forfeited by such Member, with or without notice.

Once you redeem your points for a reward (I.e. 1000 = $10), your reward will expire 6 months after being issued.

ACCOUNT CLOSURE

Points are reduced to zero upon closure of a membership.

VALID EMAIL ADDRESS

A current, valid email address is required for a Member to be eligible for select benefits, offers and updates. Member must notify Company of change of email address by updating Member account information online.

RIGHT TO REVOKE

Company reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to, if in the sole and absolute discretion of Company, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise earns benefits through deception, forgery and/or fraud.

Points will not be awarded if in Company’s reasonable opinion, the merchandise purchased will be used for resale or commercial use and any points awarded on such purchases will be forfeited. If a Member was awarded points for an offer or promotion in which a Member purchased product(s) in excess of reasonable quantities, the points awarded as a result of that offer or promotion may be forfeited without prior notice and the account may be suspended or closed.

VALUE

Points have no cash value and are not exchangeable for cash. The accumulation of points does not entitle the Program Member to any vested rights, and Company does not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. Company assumes no liability to Members as regards the addition or deletion of items from or for which points can be collected and/or redeemed.

TRANSFERABILITY

Except as may be permitted from time to time by Company, points cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any points so acquired are void. For the avoidance of doubt, such prohibited transfers include transfers upon operation or law upon the death of a Member.

EMPLOYEE ELIGIBILITY

All current employees of the Company are ineligible to participate in the Program.

REFER A FRIEND

As a RLC Loyalist you have access to our referral program.

Referrers - The member who is completing the referral.

Referred Customer - The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address). The Referred Customer must complete an order on revitalash.com to utilize discount and must not have shopped on revitalash.com previously.

Qualified Referral - Referrers will earn 1500 bonus points for each Qualified Referral. A Qualified Referral is defined as a Referred Customer who makes their first purchase at revitalash.com utilizing a link provided by a Referrer. As a Referrer, you are limited to one Qualified Referral for each Referred Customer; meaning any additional purchases after the first purchase made by a Referred Customer are not counted as additional Qualified Referrals.

Referral Discounts - For each Qualified Referral, the Referred Customer will receive a one-time use code for 15% off their first purchase at revitalash.com. Referral Discounts do not have cash value and are not redeemable for gift cards or e-gift cards, and cannot be used on previous purchases. Referral Discounts are not valid on tax or shipping, and cannot be combined with other offers or promotions.

TAXES

Member is responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from Member's participation in the Program.

No Warranty

Company and each of its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents make no warranty, express or implied, including but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program or any products or services related to such Program.

GOVERNING LAW

These Terms and Conditions, the relationship between Member and Company, and the Program, shall be governed by, construed, and enforced in accordance with the laws of the State of California, without giving effect to any conflict of law provisions.

MANDATORY ARBITRATION OF ALL DISPUTES. NO CLASS ACTIONS.

ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR COMPANY'S LOYALTY PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR IN VENTURA, CALIFORNIA. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, COMPANY AND MEMBER UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. THIS PROVISION SHALL NOT APPLY IF MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. MEMBER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.

Release of liability and LIMITATION ON DAMAGES

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE PROGRAM AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.

PARTICIPATION IN THE PROGRAM IS AT MEMBER’S OWN RISK. NEITHER COMPANY NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROGRAM.

MEMBER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF MEMBER’S BREACH OF ANY OF THESE TERMS AND CONDITIONS.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if Company is otherwise found to be liable to Member in any manner, then Company’s aggregate liability for all claims under such circumstances shall not exceed ten dollars ($10). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations and disclaimers may not apply to Member. To the extent Company may not, as a matter of applicable law, disclaim any warranty or limit its liability, the scope and duration of such warranty and the extent of Company’s liability will be the minimum permitted under such law.

INTELLECTUAL PROPERTY

All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned by Company and may be registered in the United States and internationally.

Severability

If any provision of these Program Terms and Conditions or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Program Terms and Conditions and the application of such provisions to other persons or circumstances shall not be affected.

To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.

No Waiver

Company's failure to insist upon or enforce strict compliance with any provision of these Program Terms and Conditions shall not be construed as a waiver of any provision or right and will not prevent Company from enforcing such right or provision in the future. Nothing in these Program Terms and Conditions will limit Company from exercising any legal rights or remedies that it may have.

Headings

The headings for each of these Program Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Program Terms and Conditions.

Complete Understanding

These Program Terms and Conditions and the Privacy Policy referenced herein constitute the entire understanding between Member and Company with respect to the Program.

Errors or Inconsistencies

Despite Company’s best efforts to ensure accuracy, errors occasionally occur. Company reserves the right to correct such errors at any time even if it affects pending benefits in Member’s account. In the event of any inconsistency or discrepancy between the Program Terms and Conditions or other statements contained in any related materials or advertising, the terms of the then-current Program Terms and Conditions shall prevail, govern, and control.