Surterra Wellness Loyalty Rewards Program Terms and Conditions

These Surterra Wellness Loyalty Rewards Program Terms and Conditions (these “Program Terms and Conditions”) apply to your access and participation in the Surterra Wellness Loyalty Rewards Program (the “Program”). For purposes of these Program Terms and Conditions, the terms “Surterra,” “we,” “us,” and “our” refer to Surterra Holdings, Inc., a Delaware corporation, and its direct or indirect affiliated companies, subsidiaries, parent company, and other related companies. The terms “you” and “your” refer to you, as a user or member of the Program. These Program Terms and Conditions complement and incorporate by reference the Surterra Terms of Service (as may be amended from time to time and which are currently located at https://www.surterra.com/terms-of-service) (the “Terms of Service”) and Privacy Policy (as may be updated from time to time and which are currently located at https://www.surterra.com/privacy-policy/) (the “Privacy Policy”). In the event of any conflict between the Terms of Service, the Privacy Policy, and these Program Terms and Conditions, the Terms of Service or Privacy Policy, as applicable, will control over these Program Terms and Conditions.

PLEASE READ THESE PROGRAM TERMS AND CONDITIONS CAREFULLY. BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE PRGORAM TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE BELOW. THESE PROGRAM TERMS AND CONDITIONS AFFECT YOUR LEGAL RIGHTS AND INCLUDE A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND PREVENT YOU FROM BRINGING, JOINING, OR PARTICIPATING IN CLASS OR CONSOLIDATED PROCEEDINGS FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE PROGRAM TERMS AND CONDITIONS AND YOUR PARTICIPATION IN THE PROGRAM.

  1. ELIGIBILITY

    Membership in the Program is limited to current residents of Florida who are over the age of 18. The Program is for personal use by you as an individual only. Commercial use is prohibited. Membership in the Program is limited to one membership per person. Membership is not transferrable. Any actual or attempted transfer, sale, or exchange of any benefits of the Program (including reward points) is prohibited. Any violation of the foregoing may result in immediate cancellation of your account, including any benefits (such as reward points) in Surterra’s sole discretion. You are not required to pay any fee to be a member of the Program.

  2. REWARD POINTS

    1. Earning Reward Points

      Subject to these Program Terms and Conditions, as a member of the Program, you will earn one (1) reward point per dollar spent on qualifying goods purchased from Surterra Wellness’ retail stores (whether purchased in-store or online from Surterra Wellness’ website). Taxes and fees, including, without limitation, shipping, handling, and delivery fees are excluded and ineligible for use in calculating reward points. Rewards points may not be immediately available and may take a few days to be added to your account. To the extent that Surterra issues you a refund for qualifying products that you purchased (to the extent refunds are available and legally permitted), any reward points you received for the original purchase of such refunded products shall be deducted and removed from your point total (and if any loyalty discount promotion was issued as a result, such loyalty discount promotion may also be removed). Reward points will only begin to accrue once you have become a member in the Program and will not be retroactive. From time to time, in Surterra’s sole discretion, Surterra may run other promotions that allow you to earn additional rewards points under the Program, which other promotions may be run with or without notification to you. Surterra reserves the right to identify certain goods or products that will not be considered qualifying goods and therefore will not award reward points when purchased.

    2. Redemption of Reward Points

      For each five hundred (500) reward points that are active in your membership wallet, you will be entitled to receive one (1) loyalty discount while such points remain active, which you can apply to receive of 10% off your next purchase of qualifying goods or products. The loyalty discount promotion will be automatically generated and will appear as a loyalty discount promotion in your membership wallet. Reward points (and loyalty discounts) are subject to expiration as set forth below. In order to utilize such loyalty discount, you will be required to redeem such loyalty discount in a physical Surterra Wellness store (not online). The loyalty discounts cannot be applied towards taxes or fees (such as shipping or handling) or previous purchases. Surterra reserves the right to identify certain goods or products that are ineligible to receive a loyalty discount.

      Your reward points (and loyalty discounts) are registered to your personal account and may not be sold, transferred, assigned to, or otherwise shared with, family, friends, or others. Redemption of your loyalty discounts may be combined with other coupons, credits, offers, or discounts that are specified by Surterra as stackable. You are not permitted to use more than one (1) loyalty discount per order. Reward points (and any related loyalty discounts) accrued in connection with the Program are promotional, have no cash value and cannot be redeemed for cash.

    3. Expiration of Reward Points

      Reward points will expire three (3) months after the date such points were acquired. Loyalty discount promotions generated from such reward points will expire if the requisite underlying points for such discount promotions expire.

      For example, if you acquired 250 reward points on January 1st, 250 points on February 1st, and 250 reward points on March 1st, then your membership wallet would contain 750 reward points (which would include one (1) loyalty discount promotion). On April 1st, if you did not previously use your loyalty discount promotion, then the 250 reward points generated on January 1st would lapse (meaning you still have 500 reward points and therefore still have one (1) loyalty discount promotion). On May 1st, if you did not previously use your loyalty discount promotion, then the 250 reward points generated on February 1st would lapse (meaning you still have 250 reward points but no loyalty discount promotion).

      Notwithstanding the foregoing, if your membership in the Program is terminated for any reason, your reward points (and any loyalty discounts) will immediately expire.

  3. USE OF MEMBER ACCOUNT

    You are responsible for maintaining the confidentiality of your password and account and are fully responsible for any and all activities that occur under your account. Member of the Program should immediately inform Surterra of any unauthorized use of their password or account or any other breach of security.

  4. PRIVACY AND CONSENT TO MARKETING

    All information you provide as a member of the Program (and any information that may be collected by Surterra in connection with your participation in the Program) will be maintained, managed, and used by Surterra as set forth in the Privacy Policy. By participating in the Program, you consent to receive marketing, promotional, informational, and other messages as set forth in the Terms of Service.

  5. TERMINATION; CHANGES TO THE PROGRAM; AND FINALITY OF DECISIONS

    You may cancel your Program membership at any time by opting out of the Program in your wallet or emailing customer care at wellness@surterra.com.

    Surterra may cancel your Program membership at any time for any reason in Surterra’s sole discretion, including, but not limited to, if Surterra determines that you (a) are ineligible, (b) have not used your account for an extended period of time, (c) violated any term or condition of the Program, these Program Terms and Conditions (including the Privacy Policy or Terms of Service that are incorporated herein), or any applicable law or regulation, or (d) engaged in any deception, forgery, fraud or committed any other abuse of the Program.  Surterra may revoke some or all of your benefits (including any reward points) if Surterra determines that you received such benefits due to an error, through fraud or deception, or in any manner not authorized.

    If you cancel (or Surterra cancels) your Program membership, you will lose all accumulated benefits (including reward points). If your Program membership is restarted after cancellation, your previously-earned benefits (including reward points) will not continue to your new membership.

    In all matters relating to the administration and management of the Program, the decisions of Surterra will be final.  Surterra reserves the right to change or cancel any aspect of the Program, at any time. You agree that Surterra may modify these Program Terms and Conditions (including the Program itself) at any time by adding new terms or by deleting or amending existing terms. Such modifications will be effective as of the date that the updated Program Terms and Conditions are posted to Surterra’s website (the “Effective Date”). Your continued participation in the Program after the Effective Date constitutes your acknowledgment of such modifications and your agreement to abide, and be bound, by the Program Terms and Conditions as modified. If you do not accept such modification(s), then you must stop participating in the Program. The Program Terms and Conditions (and the Program) may not be modified or amended by you except in a written document issued in accordance with law that is signed by an authorized officer of Surterra.

  6. DISCLAIMERS

    THE PROGRAM IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND SURTERRA EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES OF ANY KIND RELATING TO THE PROGRAM, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

  7. LIMITATION ON LIABILITY

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SURTERRA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE PROGRAM, EVEN IF SURTERRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND PARTICIPATION IN, THE PROGRAM IS AT YOUR OWN DISCRETION AND RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SURTERRA’S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR RELATED TO THE PROGRAM (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) AND (B) THE AMOUNTS YOU’VE PAID SURTERRA IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

  8. ARBITRATION AGREEMENT; JURY TRIAL; CLASS ACTION WAIVER; AND FORUM SELECTION

    Except for disputes brought in small claims court, all disputes between you and Surterra arising out of, relating to, or in connection with the Program or these Program Terms and Conditions shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for consumer arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND SURTERRA AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Hillsborough County, Florida. You hereby accept the exclusive jurisdiction of such court for this purpose. This Agreement is governed by the laws of the State of Florida without regard to conflict of law provisions. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

    We are always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to your satisfaction by emailing customer support at notice@Surterra.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to the address identified in Section 10 (Questions) below.

    You agree that, if Surterra makes any future change to this arbitration agreement while you are a member of the Program, you may reject any such change by sending us written notice within thirty (30) calendar days to the address or email provided in Section 10 (Questions) below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration agreement as of the date you first accepted this agreement (or accepted any subsequent changes to this agreement). We agree that if Surterra makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to Surterra.

  9. MISCELLANEOUS

    Surterra is not responsible for communication problems of any kind relating to the Program.  Under no circumstances will Surterra be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.  If any provision contained in these Program Terms and Conditions is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from the remaining provisions set forth in these Program Terms and Conditions and will not affect the validity or enforceability of any remaining provisions.  The failure of Surterra to enforce any right or provision of these terms will not prevent Surterra from enforcing such right or provision in the future. Surterra may assign its rights and obligations under these terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You are not entitled to assign any of your rights or obligations under these terms.

  10. QUESTIONS

    If you have any questions regarding the Program or these Program Terms and Conditions, please contact our team at:

    Surterra Holdings, Inc.
    55 Ivan Allen Blvd, Suite 900
    Atlanta, GA 30308
    notice@surterra.com