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Terms of Use | EQUELLE Referrals
TERMS & CONDITIONS
The EQUELLE Referral Program™, (the “Program") is offered by Pharmavite LLC ("Company" or “we”) to customers who refer others to EQUELLE. If you meet the Program’s requirements, you will be eligible to receive a referral credit of 2000 Equelle Rewards points (“a Referral Credit”). The Referral Credit will be added to your points total on your EQUELLE Rewards account, and can be immediately redeemed for $20.00 off your next month’s subscription. To qualify for a Referral Credit, the person you refer must (i) be a first time EQUELLE customer, (ii) use the referral link that is unique to the referring customer, (iii) place an order within 30 days. Referral Credits have no cash value.
After the referral is confirmed and the Referral Credit is approved by a Company team member, the referring customer will need to log in at EQUELLE.com to redeem the referring customers’ Referral Credit via their EQUELLE Rewards account. Once the customer is logged into her or his EQUELLE Rewards account, the Referral Credit will automatically appear in the customer’s cart, where the customer can choose to redeem the credit. The Referral Credit will only be accessible in the referring customer’s www.EQUELLE.com EQUELLE Rewards account.
Referral Credits cannot be combined with any other discount codes. Referring customers may only earn one Referral Credit per referred person. In the event a referred person returns a purchased item relating to the Program, the associated Referral Credit awarded to the referring customer will be rescinded. Any abuse of this offer, as determined by Company in its sole discretion, may result in the rescission of the referring customer’s Referral Credit and the inability to participate in this or future promotions. Referral credits cannot be purchased, applied to previous purchases, are not redeemable for cash and are not transferable. The total value of a customer’s Referral Credits + Rewards Credits cannot exceed $2000.00. The Company is the only entity that may redeem the Referral Credits. The Referral Credits can only be used to purchase products at EQUELLE.com.
Referral credits can only be applied to legal residents of the U.S., the U.S. Virgin Islands, Puerto Rico or Guam.
By participating in the Program, you agree to the terms and conditions, rules, regulations, policies and procedures of the Program, including, without limitation, these terms and conditions (“Program Terms”) and the EQUELLE.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 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. SUCH CHANGES MAY INCLUDE BUT ARE NOT LIMITED TO ADJUSTING THE NUMBER OF REFERRAL CREDITS EARNED UNDER THE PROGRAM, OR CHANGING THE NUMBER OF REFERRAL CREDITS EARNED FOR EACH DOLLAR AMOUNT OF REFERRALS. 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.
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.