Beverly Hills M.D Loyalty Rewards Program
Terms and Conditions
Subject to the terms and conditions set forth below, members (“Member,” “you”) of the BHMD Loyalty Rewards Program (“BHMD Rewards” or “Program”) will earn points in connection with the purchase of any qualifying merchandise on the Beverly Hills M.D. website (the “Website”).
- Free Membership: No purchase is necessary to obtain membership in BHMD Rewards.
- Eligibility: BHMD Rewards is only open to individuals who are at least eighteen (18) years of age or older at the time of enrollment. The Program is void where prohibited by law.
- How to Enroll: To enroll in the Program, you can register for a Beverly Hills M.D. My Account (“My Account”, “Account”) here. You will need to register your email and create a password. By signing up for MyAccount, you are automatically enrolled in BHMD Rewards. Accounts are not transferable and are not for sale, resale or barter. Beverly Hills M.D is not responsible for use of a Member’s Account or redemption of Member’s points in the event the Member’s Account is stolen and the Account is used, or the points are redeemed prior to the Member informing Beverly Hills M.D that the Member’s Account has been stolen. It is the Member’s sole responsibility to keep Member’s password safe.
- Agreement to Program Terms and Conditions: By registering for the Program, You agree to abide by these Program Terms and Conditions and the decisions by BHMD, which are fully and unconditionally binding in all respects.
- Points Dispute: If you believe that a purchase made on your Account should have resulted in the addition of Points to your Points balance, and such Points are not reflected in your Points balance within forty-five (45) days of the date on which the purchase was posted to your Account (“Points Dispute”), notify us immediately. We will use reasonable efforts to investigate your Points Dispute so long as you notify us of such dispute within ninety (90) days of the posting date of such purchase. If you do not notify us within such a ninety-day period, you will have waived your right to make a Points Dispute with respect to that purchase. In order for us to undertake an investigation of your Points Dispute, we may require you to provide written confirmation of the dispute. If we do not receive the requested written confirmation at the address and within the time requested by us, we may, in our sole discretion, determine not to investigate your Points Dispute. Upon completion of our investigation of your Points Dispute, we will have no further responsibilities should you later reassert the same Points Dispute.
- Online Account Maintenance: You may view a summary of your activity and points balances on your BHMD Rewards dashboard. Simply log into your My Account on the Website, and the BHMD Rewards dashboard will be on the main My Account page. You may also change any of your personal information, such as your address and payment methods, in your Account.
- E-mail Communication: Upon signing up for My Account and BHMD Rewards, you will automatically be signed up to receive emails regarding special Members-only offers and events, as well as new features of Beverly Hills M.D. All BHMD marketing emails will include an opt-out link should you no longer want to receive any of these types of emails. You do not need to cancel your BHMD Rewards membership to opt-out from receiving Beverly Hills M.D brand marketing emails. Please note that even if you opt-out of BHMD Rewards marketing emails, you may still continue to receive business communications from Beverly Hills M.D. regarding BHMD Rewards.
- Member Cancellation: You may cancel your BHMD Rewards membership at any time. Upon cancellation, any unused points accrued in your Account will be forfeited and cannot be redeemed.
II. EARNING POINTS
- Earning Rate: Members earn one (1) point for every one dollar ($1) spent on products purchased from the Website so long as the Member is logged into its BHMD My Account. Every 1 point is worth $0.10 for redemption purposes only. Points earned through the Program have no cash value. Orders placed via telephone will also accumulate points if the Member has an active My Account. Points earned on product purchases made by the Member up to seven (7) days prior to that Member enrolling in My Account will be retroactively awarded.
- Earning Points Through Actions: In addition to earning points on product purchases made on the Website, Members may also qualify for points through other actions, such as by adding their date of birth to their Account profile and providing responses to surveys, quizzes, and other activities.
- Timing of the Addition of Points to Accounts: BHDM Rewards Member Points earned on the purchase of products will be available for use approximately 72 hours after purchase. The timing for issuing points is subject to change.
- Exclusions: Calculation of BHMD Rewards points excludes shipping and handling charges and applicable taxes. BHMD Rewards points will also not be earned on any discounts or other credits offered in connection with a product. For example, if a product that is normally $100 is on sale for $75, a Member will only earn points on the product purchase price of $75.
- Returns: Points earned for a purchase that is later the subject of a return, refund, returned check due to non-sufficient funds, or other credit back to the Member will be deducted from the Member’s Account in an amount equal to the points earned for the original transaction, including any bonus points. If Member wishes to process a return for the totality of items purchased with BHMD Rewards points, the used points will be re-credited to Member’s Account. Points will not be re-credited to Member’s Account if earn Member requests a partial refund of their purchase.
III. REDEEMING POINTS
- General: Points earned by a Member may be redeemed during the checkout experience on the Website. To redeem points towards a purchase, a Member must be logged into its My Account. Points may be redeemed on the purchase price of qualifying products only and cannot be used towards the payment of sales tax or shipping and handling charges. Members will be able to choose whether to apply ALL the points or NONE of the points during checkout. Member will not be able to specify the exact number of points to be redeemed. Points cannot be redeemed for orders placed over the phone. No refunds or credits will be given for the redemption of partial points. EXAMPLE: Susan has 500 points available for redemption, which is equal to $50 off the purchase price of a qualifying product (500 points x $0.10 redemption value). If Susan applies all of her points towards the purchase of a qualifying product that costs $49.95, Susan will not receive a refund or credit for the $0.05 difference between her redeemed points and the purchase price.
- Points Combined with other Offers: Points may be combined with other available offers and coupon codes during checkout.
- Exclusions: Points accumulated on different Accounts of different Members may not be combined or aggregated to make purchases of products or for any other reason. Points earned in a transaction cannot be redeemed in the same transaction. Points earned through the Program have no cash value and are not transferable. You have no property rights in the Program rewards, points, or other Program benefits. Points shall not in any circumstances be considered to have been abandoned or otherwise reportable or escheatable within the meaning of the unclaimed property laws of any U.S. or foreign state or territory.
- Points Expiration: ALL POINTS EXPIRE SIX (6) MONTHS FROM THE LAST DAY OF THE MONTH IN WHICH THE POINTS WERE EARNED.For example, if you earned points by making a purchase on January 15th, those points would expire on July 31st, which is six (6) months from January 31st.
Beverly Hills M.D. reserves the right to cancel, modify, or restrict BHMD Rewards or any aspect of the Program, including, without limitation, the point conversion ratio and the point expiration policy, at any time by posting such changes on the Website. Any changes can be made without advance notice. Beverly Hills M.D. may make these changes even though such changes may affect the Member’s ability to use points already accumulated. You are responsible for remaining knowledgeable about the Program Terms and Conditions.
A Member’s points balance, as reflected in Beverly Hills M.D.’s records, shall be deemed correct. Beverly Hills M.D. reserves the right to determine the amount of points in any Member’s Account based on Beverly Hills M.D.’s internal records related to such Member’s Account. In the event of an inconsistency between the amount accrued in a Member’s Account and Beverly Hills M.D.’s internal records, Beverly Hills M.D.’s internal records will control. Beverly Hills M.D. assumes no responsibility for errors caused by incorrect Member information. Beverly Hills M.D. may revoke any Member’s membership in BHMD Rewards at any time if such Member engages in fraud, abuse of the Program or fails to follow these Program Terms and Conditions. Fraud or abuse relating to the accrual of points or redemption of rewards may also affect a Member’s eligibility for participation in any other Beverly Hills M.D. program. The interpretation and application of these Program Terms and Conditions are at the sole discretion and determination of Beverly Hills M.D.
V. LIMITATION OF LIABILITY
For purposes of this limitation of liability provision, “Beverly Hills M.D” also includes its parents, subsidiaries, affiliates, predecessors, successors and assigns, and each of their respective members, managers, officers, directors, employees, and agents.
Except as expressly provided in these Program Terms and Conditions, in no event shall Beverly Hills M.D be liable to you or to any third party for any damages arising or resulting from the use of any Rewards by someone other than the Member to whom the Rewards was sent.
In no event shall Beverly Hills M.D be liable to you or to any third party for any special, indirect, incidental, or consequential damages (including but not limited to lost profits or business opportunities), regardless of the legal theory, regardless of whether such damages were foreseeable, and regardless of whether Beverly Hills M.D. was advised of the possibility of such damages.
These limitations of liability shall survive the cancellation, expiration or termination of your membership in the Program. Because the law regarding limitations of liability varies from state to state, these limitations of liability may not apply to you.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
VI. DISPUTE RESOLUTION
Please read this section carefully — it may significantly affect your legal rights. It contains procedures for mandatory binding arbitration, and a jury trial and class action waiver.
- Mutual Arbitration Provision: Any Dispute between you and Beverly Hills M.D. relating to the Program shall be resolved through individual arbitration
- Definitions: This arbitration provision shall be interpreted broadly. “Dispute” means any claim or controversy between you and Beverly Hills M.D. that relates to the Program. For purposes of the Dispute Resolution section, “Beverly Hills M.D.” includes any of its parents, subsidiaries, affiliates, predecessors, successors and assigns, and each of their respective members, managers, officers, directors, employees, and agents.
- Right to Enjoin Intellectual Property Misuse: Notwithstanding anything in this arbitration provision to the contrary, Beverly Hills M.D. may bring suit in court to enjoin the infringement of or otherwise enforce its intellectual property rights.
- Procedures for Arbitration: This arbitration provision is governed by the Federal Arbitration Act. If you are a resident of the United States, arbitrations shall be heard and determined by a single arbitrator administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (collectively the “AAA Rules”) as modified by the version of this arbitration provision that is in effect when notice of a Dispute is given. The AAA Rules can be obtained from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this arbitration provision and the rest of these Program Terms and Conditions, this arbitration provision will govern. If there is a conflict between this arbitration provision and the AAA Rules, this arbitration provision will govern. If the AAA will not administer arbitration in accordance with this arbitration provision, you and Beverly Hills M.D. will agree on (or, if necessary, petition a court of appropriate jurisdiction to appoint) an arbitration organization that will do so. If you reside outside of the United States, arbitrations shall be heard and settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC Rules”) by one or more arbitrators appointed in accordance with the said Rules. The ICC Rules can be obtained from the International Chamber of Commerce by visiting its website (https://iccwbo.org/).
- Unless you and Beverly Hills M.D. agree otherwise, any arbitration hearing will take place in Los Angeles, California. The arbitrator is bound by the terms of these Program Terms and Conditions and will issue a reasoned written decision that explains the essential findings and conclusions.
- Arbitral Fees and Costs: Payment of filing and other fees shall be governed by the AAA Rules.
- Right to Attorneys’ Fees and Costs: You may hire an attorney to represent you. You are responsible for your attorneys’ fees and costs. The arbitrator may reward the prevailing party in any arbitration its reasonable attorneys’ fees and costs.
- Waiver of Jury Trials: Disputes in arbitrations and court shall be resolved without a jury trial. Whether in arbitration or court, you and Beverly Hills M.D. waive the right to a jury trial to the maximum extent permitted by law.
- Waiver of Class Actions: You acknowledge and agree that, to the maximum extent permitted by law, there shall be no right or authority for any dispute to be litigated or arbitrated on a class, joint, collective, or consolidated basis or in a purported representative capacity on behalf of the general public. Unless both you and Beverly Hills M.D. otherwise agree in writing, the arbitrator may not consolidate more than one person’s claim, and may not otherwise preside over any form of any class, joint, collective, or representative proceeding. The arbitrator may award relief (including any declaratory or injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to resolve an individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party to the proceeding.This class action and collective relief waiver is an essential part of this arbitration provision, and if it is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Beverly Hills M.D. is entitled to arbitration of such claim or dispute. Notwithstanding the foregoing, if a court determines that the class action and collective relief waiver are not enforceable as to a particular claim or request for relief (such as a claim for public injunctive relief) and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that the particular claim or request for relief (such as a claim for public injunctive relief) may proceed in court but shall be severed and stayed pending arbitration of the remaining claims.
- Survival: This arbitration provision shall survive the cancellation, termination or expiration of the Program.
VII. CHOICE OF LAW
In any circumstances where these Program Terms and Conditions permits Beverly Hills M.D. and you to litigate in court, these Program Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Los Angeles County, California.
The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render the remainder valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Beverly Hills M.D., or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms and Conditions without affecting the validity, legality, or enforceability of any of the remaining provisions.