NURISH REWARDS^™

The Loyalty Program for NURISH’s Best Customers

TERMS AND CONDITIONS

MEMBERSHIP

NURISH Rewards™(the “Program") is offered by Pharmavite LLC ("Company" or “we”) to customers making purchases and to potential customers on NURISH.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 "Program Terms") form the agreement (the "Agreement") between our customers (“customer “ or “you”) and Company with respect to the Program.

YOUR ACCEPTANCE OF TERMS

By participating in the Program, you agree to the terms and conditions, rules, regulations, policies and procedures of the Program, including, without limitation, these Program Terms and the NURISH.com Terms of Use (the “Terms of Use”) and Privacy Policy (“Privacy Policy”), including the mandatory arbitration provisions therein. These Program Terms are incorporated into the Terms of Use and Privacy Policy and made a part thereof. You are responsible for remaining knowledgeable about the Program Terms. These Program Terms are a binding agreement between you and Company and will govern your participation in the Program.

Company reserves the right to disqualify any customer who has violated any of the Program Terms.

 ARBITRATION NOTICE: Except for certain types of disputes described in the “Disputes and Arbitration” section in the Terms of Use, you agree that all disputes between you and Company with regard to these Program Terms will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration.

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 PROGRAM Terms in its sole and absolute discretion at any time and in any manner without notice AND AS PERMITTED BY LAW. TO THE EXTENT PRACTICABLE UNDER THE CIRCUMSTANCES, COMPANY WILL PROVIDE NOTICE OF TERMINATION AT LEAST 10  DAYS PRIOR TO THE PROGRAM TERMINATING. NOTICE WILL BE PROVIDED VIA EMAIL. Your continued participation in the Program will confirm your acceptance of such changes.

MEMBERSHIP ELIGIBILITY

To become a member of the Program, you must be a legal resident of the U.S., the U.S. Virgin Islands, Puerto Rico or Guam and be 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.

MEMBERSHIP ENROLLMENT

Individuals are automatically enrolled in the Program upon creating an account at NURISH.com. You 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. By creating an account, you affirm that all information you provide to Company is accurate, current and complete.  You are responsible for ensuring that all such information remains accurate, current and complete. You should promptly advise Company of any changes to your personal account contact information, such as name, address, telephone number(s) and/or email address, by visiting www.NURISH.com/account and updating your account. 

PROGRAM COMMUNICATIONS

Company will communicate with you about marketing via mail, email and other channels, including about special member promotions, offers and more. Company will also use these channels to communicate your tier status, notify you of eligibility for a benefit, communicate Program changes and more. 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.NURISH.com/pages/privacy-policy for information about Company's privacy policy.

RETURNS

Merchandise returns must be made in accordance with Company's return policy available at https://nurish.naturemade.com/pages/refund-policy. Upon the return of an item, the spend amount applied to your point total and your Program Level status for the original purchase will be deducted from your account.

ELIGIBLE PURCHASES

Purchases of merchandise and/or services, after promotional offers have been applied, before taxes and shipping charges have been applied, made at NURISH.com, count toward your point total and 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 an NURISH gift card as method of payment will be applied to Tier Level earnings of the gift card redeemer.  The purchase of an NURISH gift card will not be applied to Tier Level earnings. Additional items may be excluded from Tier Level accumulation at the sole discretion of Company.

POINT ACCUMULATION

Customers can earn Program points through a variety of means, including by creating an account, purchasing a subscription (1 point for every dollar spent), and making successful referrals to first-time customers.  Please see FAQs "My Account" section for more information on the different ways to accumulate points.

Customers can redeem their points for discounts on their next month’s subscription charge. A customer must accumulate at least 500 points in order to redeem their points for a discount.  Please see FAQs "My Account" section for details. Program points have no cash value.

Tier STATUS

Program tier status is based on a customer’s total dollar spend on NURISH.com.  Please see  FAQs "My Account" section for details on earned tier rewards. The criteria for each Tier are as follows:

• Silver – Get 25% OFF of your next month order (up to $10) after you hit Silver status. You will receive 1 point for every dollar
• Gold – Get 50% OFF your next month (up to $25). Plus, earn 1.5 points per $1 spent.
• Platinum – Get $50 OFF your next month. Plus, earn 2 points per $1 spent.

For more information on Program tiers, see nurish.com/pages/rewards

VALID EMAIL ADDRESS

A current, valid email address is required for you to be eligible for select benefits, offers and updates. You must notify Company of change of email address by updating your 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 Program Terms or otherwise earns benefits through deception, forgery and/or fraud.

NO TRANSFER

Program benefits may not be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void your account. Benefits have no cash value and are not exchangeable for cash.

PROGRAM BENEFITS AND DETAILS

In addition to any other requirement and/or limitation that may be communicated to you at the time a benefit is offered, the following shall apply:

• Birthday Gift

• Annual birthday gift will be presented for NURISH Rewards™ members at the Gold tier and above on NURISH.com.

TAXES

You are responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from your participation in the Program.

 

Indemnification and LIMITATION ON DAMAGES

You agree to indemnify, defend, and hold us harmless from and against any and all claims, demands, damages, losses, costs, investigations, liabilities, judgments, settlements, attorneys' fees, and other expenses that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your membership or participation in the Program or these Program Terms; (b) your use of the Site or activities in connection with the Site; (c) your violation of any law, rule, regulation, code, statute, ordinance or order of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (e) any misrepresentation made by you; or (f) our use of your information as permitted under these Program Terms, the Privacy Policy, or any other written agreement between you and us. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) your membership or participation in the Program or these Program Terms; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE AND/OR SERVICES, including the program, AND ANY PRODUCTS PURCHASED THEREFROM; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE SITE'S or program’s TECHNICAL OPERATION; OR (f) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SITE). IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE IS TO STOP USING THE SITE, AND OUR SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN DOLLARS ($10.00) OR THE TOTAL AMOUNT RECEIVED BY US AS A RESULT OF YOUR USE OF THE SITE.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SITE OR ANY PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE OR ANY PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY US.

BY ACCESSING THE SITE and/or participating in the program, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

If any provision of these Program Terms are held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction or during an arbitration per the arbitration terms in the Terms of Use, then that provision will be deemed severable from these Program Terms and will not affect the validity and enforceability of any remaining provisions. This Program is void where prohibited.