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Terms of Use

ATHENA COSMETICS, INC.
General | Loyalty

GENERAL

1. TERMS OF USE; ACCEPTANCE
Your use of this website constitutes your agreement, without modification, of the terms, conditions, and notices contained herein. IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS AND NOTICES, DO NOT USE THIS SITE.

2. PERSONAL USE LIMITATION
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or intellectual property obtained from this website. You warrant that all information supplied by you or on your behalf in using this website is true and accurate.

3. COPYRIGHT AND TRADEMARK NOTICES
All contents of this website are owned by Athena Cosmetics or the attributed parties. All rights are reserved. All trademarks, trade names, logos, service marks and other intellectual property (such as text, images, graphics, icons, audio, video and software) appearing on this website are owned by Athena Cosmetics and its affiliates, or by their suppliers. All rights are reserved with respect to such intellectual property. Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to Athena Cosmetic, Inc.’s Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.

General Counsel
Athena Cosmetics, Inc.
1838 Eastman Ave., Suite 200
Ventura, CA 93003 

4. DISCLAIMERS AND LIMITATIONS OF LIABILITY
You expressly understand and agree that: Your use of this website is provided on an “as is” and & “as available” basis. To the full extent permitted under applicable law, Athena Cosmetics expressly disclaims all warranties of any kind with respect to this site and any data, products or services available on or through this site, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Athena Cosmetics makes no warranty that: (a) this website will meet your requirements; (b) this website will be uninterrupted, timely, secure, or free of viruses, errors, worms, date bombs, time bombs, or other harmful components; (c) the results that may be obtained from the use of this website will be accurate or reliable; (d) the quality of any data, products, services, information, or other material purchased or obtained by you through this website will meet your expectations; (e) any errors on this site will be corrected; or (f) the data and materials presented or displayed on this website are correct, accurate, or reliable, or will be admissible in any court or law or tribunal or government action. Any content or data downloaded or otherwise obtained through the use of this website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. You agree that Athena Cosmetics or any third party engaged in providing services to you on or through this website shall not be responsible or liable for any damages caused by theft, unauthorized access, systems failure, communications line failure, or other occurrences beyond the control of Athena Cosmetics or such third parties. No advice or information, whether written or oral, whether obtained by you from Athena Cosmetics realtors, from an Athena Cosmetics employee or agent, or through or from this site, shall create any warranty not expressly stated in these terms of use. Athena Cosmetics will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, revenue, income, goodwill, use, data, or other intangible losses (even if Athena Cosmetics has been advised of the possibility of such damages), resulting from: (i) the use of or the inability to use this website; (ii) 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 into, through, or from this website; (iii) access to or alteration of your account, transmissions, or data due to your conduct, inaction, or negligence; (iv) statements or conduct of any third party on this website; or (v) any other matter relating to this website.  You expressly agree that the foregoing disclaimer is intended to be as broad and inclusive as is permitted by the laws of the state where you are located and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.

5. INDEMNITY
You agree to indemnify, defend, and hold harmless Athena Cosmetics, its subsidiaries and affiliates, and the officers, directors, employees, and agents of Athena Cosmetics and its subsidiaries and affiliates, from and against any and all claims, liabilities, damages, losses, or expenses, including attorneys’ fees and costs, arising out of or in any way connected with your access to or use of this website.  You expressly agree that the foregoing indemnity provision is intended to be as broad and inclusive as is permitted by the laws of the State where you are located and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.

6. NO UNLAWFUL OR PROHIBITED USE
As a condition to your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

7. PUBLIC FORUMS
Athena Cosmetics is not responsible for reviewing, editing or otherwise censoring the accuracy, appropriateness or credibility of content posted in public forums, chat rooms, bulletin boards, and/or any other open exchanges on this website.

8. LINKS TO THIRD-PARTY SITES
This website may contain hyperlinks to websites and/or date operated by parties other than Athena Cosmetics. Such hyperlinks are provided for your reference only. Athena Cosmetics does not control such websites and is not responsible for their contents. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

9. SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to use or download from this website (“Software”) is the copyrighted work of Athena Cosmetics, its affiliates, and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, Athena Cosmetics hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this website in accordance with these terms and conditions and for no other purpose. Please note that all Software, including, without limitation, all HTML code contained on this website, is owned by Athena Cosmetics, its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. The Software is warranted, if at all, only according to the terms of the License Agreement. You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to export restrictions.

10. MODIFICATION OF THESE TERMS AND CONDITIONS
Athena Cosmetics reserves the right to change at any time the terms, conditions, and notices under which this website is offered.

11. PRIVACY
Please see the Privacy Policy posted on our website. The terms of the Privacy Policy are incorporated into these Terms of Use by this reference as though set forth herein.

12. GENERAL
This agreement is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Ventura County, California, USA, in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. No joint venture, partnership, employment, or agency relationship exists between you and Athena Cosmetics as a result of these Terms of Use or your use of this website. Athena Cosmetics’ performance is subject to laws and legal process, and nothing contained herein is in derogation of Athena Cosmetics’ right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Athena Cosmetics with respect to such use. These Terms of Use and the Privacy Policy posted on this website set forth the entire understanding and agreement be_tween Athena Cosmetics and you concerning the products and services ordered on this website, and supersedes any prior or contemporaneous oral or written agreements or representations (unless expressly set forth in writing). A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Any rights not expressly granted herein are reserved.

13. SMS OPT-IN
By entering your phone number and submitting this form, you consent to receive marketing text messages (such as promotion codes and cart reminders) from RevitaLash® Cosmetics at the number provided, including messages sent by autodialer. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies.


You can unsubscribe at any time by replying STOP or clicking the unsubscribe link (where available) in one of our messages.

 

LOYALTY TERMS OF USE

14. LOYALTY TERMS AND CONDITIONS
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.

15. 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. 

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

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

22. 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.

23. 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.

24. 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.

25. 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.
26. 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.

27. 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.


28. 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.

29. ACCOUNT CLOSURE
Points are reduced to zero upon closure of a membership.

30. 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.

31. 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.

32. 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.

33. 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.

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

35. 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.

36. 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.

37. 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.

38. 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.

39. 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.

40. 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.

41.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.

42. 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.

43. 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.

44. 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.

45. 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.

46. 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.

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