CUSTOMER LOYALTY TERMS AND CONDITIONS
FOR LASTING BEAUTY REWARDS
The following terms and conditions will govern the consumer loyalty program, known as Lasting Beauty Rewards® (or “LBR”) (“Program”), owned and operated by Colorescience, Inc. (“Colorescience®”, “Company” ,“we”,“us”) provided to you (“User”). Any failure to follow the Program’s rules, whether listed below or in supplemental notices posted at various points in the Program, may result in termination of your access and membership to the Program and all points you have accrued in the Program, without notice, in addition to Colorescience’s other remedies.
Your membership, access to, and use of the Program are subject to the conditions and terms of this agreement and all applicable laws and regulations, including the laws and regulations governing copyrights and trademarks. The Terms and Conditions of this agreement shall take precedence over all previous loyalty program rules and/or terms and conditions. The following rules may be modified by Colorescience from time to time. Any such changes shall be reflected in an updated version of the Terms and Conditions posted on this site. BY ACCESSING THE PROGRAM, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT.
The Program is an off-line and on-line, points-based program where registered users of the Program may accrue points by purchasing products and engaging in certain activities. The users may in turn redeem points for certain benefits (“Benefits”) provided by Colorescience. Benefits and redemption characteristics of this program may be changed from time to time at Colorescience’s sole discretion. The current Benefits offered shall be described in the Program FAQs of the Program Information at colorescience.com/rewards. Points accrued in the Program are nontransferable to other users or accounts and have no cash or monetary value. The Program Any change to the Program or these Terms and Conditions will be posted on this site or represented in the Program FAQ.
Registered users of the Program must be legal residents of the United States and be 18 years of age or older at the time of registration to be eligible. Void where prohibited by law. Employees of Colorescience and its related entities and their immediate families are eligible. Only one member account is allowed per person. All products purchased to qualify for this program must be purchased within the United States at one of the Company’s participating accounts or through the Company’s website directly. A participating account is a skin health professional or other account that with the Company’s consent has completed documentation in order to participate and is actively participating in the Company’s Lasting Beauty Rewards Program. You should check with your skin health provider to see if they are an active participant in the LBR program.
RESERVATION OF RIGHTS
The Program and its Benefits are offered at Colorescience’s discretion, and Colorescience has the right to modify or discontinue, temporarily or permanently, the Program, including the point levels and Benefits offered, in whole or in part, for any reason, at our sole discretion. Colorescience may, among other options, withdraw, limit, modify, or cancel any Benefit; increase the points required for any Benefit; or modify or condition the transferability of Benefits. You agree that Colorescience will not be liable to you or any third party for any modification or discontinuance of the Program of Benefit offered, in whole or in part.
In consideration of your use of the Program, you agree to provide accurate, current, and complete information about yourself as prompted by the online registration form and to maintain and promptly update your personal data to keep it true, accurate, current, and complete. If you provide any inaccurate or incomplete information; or if we have reasonable grounds to suspect that such information is not true, inaccurate or incomplete; we have the right to suspend or terminate your account and to refuse any and all current or future use of the Program (or any portion thereof) by you. Only one member account per person. If you attempt to obtain more than one Program account, we may terminate your registration and all earned points may be forfeited.
MOBILE TERMS AND CONDITIONS
The Program requires users to enter their mobile number. The mobile number entered cannot be linked to any other active member account. Users may receive Program updates and promotional offers via text message to their mobile device. Message and data rates may apply. Users can unsubscribe from these Program messages at any time by updating by texting "STOP".
You will receive account designation upon completing the registration process, which includes selecting a user ID and password. You agree to maintain the confidentiality of your password and account, and that you are fully responsible for all activities that occur under your password or account or any other breach of security, and to log out at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these conditions. If you lose or forget your username or password, you can email us at email@example.com to have the information reset. There is also a “forgot password” link on the program website: https://www.colorescience.com/login.
We will not be liable for any loss or damage arising from your failure to comply with these conditions. If for any reason your account is terminated by either you or by us, all of your points accrued will be forfeited.
EARNING PROGRAM POINTS
Lasting Beauty Rewards® Points can only be earned and redeemed for Colorescience® products unless Colorescience enables other redemption programs in the h3>
To earn and accumulate points, you must undertake an activity outlined in the Program FAQs contained within this site. These FAQs may be updated from time to time and should be reviewed periodically for the most up to date information about this program. We expressly reserve the right to establish additional means of accruing points; to remove any or all of the means currently in effect to accrue points; to exclude certain types of transactions from the accumulation of points; to specify periods after which unused points will be forfeited or reduced. Points can be applied only to your account and can be accrued only for activity taken and completed by you. You are responsible for ensuring that your points are properly credited. If you believe that points have been earned but not credited, we reserve the right to require proof of accrual; including, but not limited to, copies or receipts or documentation verifying any transactions claimed to have been performed. We must receive any claims of points by you and proof of accrual within sixty (60) days after the date such points are claimed to have been earned. Points will be maintained in your account until they are redeemed for benefits or are forfeited, whichever occurs first. All decisions regarding point balances, benefits, forfeitures, and the identity of any individual accessing an account, are made within our sole discretion.
When you purchase Colorescience products in participating skin health professional facilities, you may be issued points associated with your transaction or service may be credited to your account. Points are automatically deposited within 24 to 48 hours (if not cancelled by the skin health professional) after completing relevant activities noted on our Program FAQs that may lead to points accumulation. Points may also be earned for the online purchase of Colorescience® products directly or through a participating account’s online store.
As a member of the Program, you will automatically be signed up to receive personalized emails, information, and you may receive offers from Colorescience and/or its partners “Partners”) or as otherwise specified by Colorescience via electronic mail or physical mail. At any time after you register you may opt out of emails regarding information and offers by clicking on the unsubscribe link at the bottom of each email.
You may view a summary of your Program points by logging onto Colorescience.com/Rewards.
REDEEMING PROGRAM POINTS
You may redeem points accrued in your account for available Benefits, provided that your account is in good standing at the time of the points redemption request. Points may be redeemed at any participating skin health professional’s office and applied to your Colorescience product purchases. Points may also be redeemed for the online purchase of Colorescience® products. The basis for points redemption may change from time to time at the sole discretion of Colorescience and can be found on our Lasting Beauty Reward Page.
Points that you redeem shall immediately be deducted from your account. Coupons that have expired or been cancelled will not be honored or accepted by either the participating skin health professional or Colorescience. Coupons that have been redeemed may have an expiration date that would be noted on the coupon and/or in the Program FAQs. Other terms associated with the redemption of Coupons can be found in the Lasting Beauty Rewards FAQ. Redeemed Benefits are not refundable, exchangeable, replaceable, redeemable, or transferable for cash, credit, or other benefits, or points under any circumstances.
EXPIRATION OF PROGRAM POINTS AND TREATMENT VOUCHERS AND COUPONS
Any points earned will expire 12 months from the date of the last purchase of Colorescience either online or in a participating account. Points are automatically deposited 24-48 hours after your order on Colorescience.com or after your skin health professional issues them (if not cancelled by the skin health professional). If your account is closed due to inactivity, all points will be forfeited.
PRIVACY AND USE OF YOUR INFORMATION
Fraud or abuse relating to the accrual of points or redemption of points for Program Benefits may result in forfeiture of accrued points as well as the termination of your account. You are solely responsible for any fraudulent use of your points that could occur due to the theft or sharing of your password. The Program is provided to individual users who are natural persons for their own personal use. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR YOU TO SHARE WITH OTHER MEMBERS POINTS AND/OR OTHER INFORMATION THAT CAN BE REDEEMED FOR POINTS AND/OR BENEFITS. IT IS CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR YOU TO REDEEM POINTS OR OTHER INFORMATION THAT CAN BE REDEEMED FOR POINTS AND/OR BENEFITS THAT WERE RECEIVED FROM OTHER MEMBERS. ANY MEMBER SHARING IN THIS MANNER OR REDEEMING INFORMATION SHARED IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED AND WILL NOT BE AWARDED ANY BENEFITS. You are solely responsible for any fraudulent use of your Points that may occur due to the theft of or sharing of your password.
VIOLATION OF THE TERMS
You understand and agree that in our sole discretion, and without prior notice, we may remove points from your account as a penalty, terminate your access to the Program, and/or deactivate or delete your membership account if we determine that you have violated our Terms and Conditions.
HEALTH CARE AND MEDICAL ADVICE
No information contained on this site is provided with the intention to give medical advice or instructions on the accurate use of our products. We cannot answer unsolicited emails requesting personal medical advice; visitors should always consult a health care professional.
By participating in the Program, participants agree to release, discharge, and hold harmless Colorescience and their affiliates, representatives, agents, directors, officers, shareholders and employees from any and all liability from any injuries, losses, or damages of any kind arising from or in connection with the Program.
COPYRIGHTS and Trademarks
You should assume that all contents of this site are copyrighted unless otherwise noted and may not be used except as provided herein and without our express written permission. Except as expressly provided herein, nothing contained herein shall be construed as conferring any license or right under any Colorescience copyright.
All product names, logos, and service marks displayed on this site that are identified by ® or ™ or appearing in type form different from that of the surrounding text (collectively, the “Trademarks”) are registered or unregistered trademarks owned by or licensed to Colorescience or our affiliates, unless otherwise identified as being owned by another entity. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right, either express or implied, under any patent or Trademark of Colorescience or any third party. No use of any Trademark may be made without our prior written authorization, except to identify the product or services of the company.
governing law and DISPUTES
In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California. All applicable federal, state, and local laws and regulations apply. The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any provision.
Colorescience and its affiliates, representatives, agents, directors, officers, shareholders, and employees are not responsible for and shall not be liable for: (a) defective point entries; (b) electronic malfunction or delayed transmission; (c) any condition caused by events beyond our control; (d) any injuries, losses, or damages arising in connection with or as a result of the benefit or acceptance, delivery or failure to timely deliver, possession, or use of the benefit, or from participation in the Program; or (e) any printing or typographical errors in any materials associated with the Program.
Further, in no event shall we or any of our affiliates, and/or their respective officers, directors, employees, agents, representatives, information providers, and licensors and/or their respective heirs and assigns be liable for any damages of any kind or nature, including but not limited to, direct, indirect, incidental, consequential, exemplary, special (including loss or profit), punitive, or other damages arising from or in connection with the existence or use of this site or any such dispute. By participating in the Program, you hereby waive all rights to claim punitive, incidental or consequential damages, including attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e., costs, if any, associated with participating in the Program). You further waive all rights to have damages multiplied or increased. Under no circumstances shall we be liable to you or any third party for any indirect, incidental, consequential, special or exemplary damages, even if advised of the possibility of such damages, arising from the use or inability to use the Program or any other provision of these Terms and Conditions. You accept all responsibility for, and hereby indemnify and hold us, our subsidiaries, and affiliates harmless from and against, any actions taken by any user authorized to use your account, including, but not limited to, accrual of points, redemption of points, and disclosure of passwords to third parties.
SHARING OF DATA
We may share your LBR data with certain partners, including the skin health professional account that may be linked to your account. You acknowledge that the Company is entitled to share this data, which may include the points you have earned and redeemed, as well as outstanding points balance that has not been redeemed and date of your recent point redemption. Your health care provider may use this data to message you directly and help identify opportunities for you to redeem your points in their office before they expire.
Your account will be connected to participating skin health professional office where you most recently purchased product or performed an activity and received the associated LBR points. In the event that you no longer want to be connected with that skin health partner you may contact Colorescience at firstname.lastname@example.org.