SHINYLEAF.COM TERMS OF SERVICE
Last updated: May, 2021
This website is operated by Shiny Leaf LLC. Throughout the site, the terms “we”, “us” and “our” refer to Shiny Leaf LLC. Shiny Leaf LLC offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without expressed written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Shiny Leaf LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Shiny Leaf LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – RETURNS AND REFUND POLICY
In case you wish to return a product, we will accept merchandise in its original condition and issue a refund when provided the original invoice.
To be eligible for a refund, the merchandise has to be returned within 60 days from the date of delivery to Shiny Leaf LLC.
All products may be returned if unopened and in their original packaging within 60 days from the date of delivery.
Shiny Leaf LLC will not accept any used merchandise or such that has been altered or damaged. Shiny Leaf LLC reserves the right to refuse the return of any merchandise which does not meet the above return requirements at our sole discretion.
Returned Merchandise will be processed within 10 business days upon receipt. Refund confirmation email will be sent to the customer once the refund has been issued.
Please note that shipping charges incurred at the time of the purchase are non-refundable.
SECTION 18 – EXCHANGES
If you wish to exchange a product with a different product, please return the original item you wish to exchange. The exchanged item must be in its original packaging and unopened.
Item exchanges are subject to product availability, we will inform you in case we are unable to fulfill your order.
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Florida, United States.
SECTION 21 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
SECTION 23 – PROMOTIONS AND CONTESTS
Participating in any Shiny Leaf promotions, contests, giveaways, and sweepstakes (collectively known as ‘Sweepstakes’) constitutes entrant’s agreement to and acceptance of the Official Rules and the decisions of Shiny Leaf LLC, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. Winners will receive a Shiny Leaf product chosen by Shiny Leaf. Shiny Leaf reserves the right to amend and/or discontinue any of the Sweepstakes without prior notice.
Note that we may be running similar promotions at the same time. By entering any of the Sweepstakes, you will not be eligible to receive any prize awarded in any other promotion unless you enter each promotion separately.
Any Sweepstakes hosted by Shiny Leaf on any social media channel (e.g. Facebook, Twitter, Instagram, Pinterest, and YouTube) may have specific rules for entrants to win, which you must complete to enter. Note that these Sweepstakes on social media are in no way endorsed or administered by the respective social media channels. While these guidelines should keep your contest entry in good standing, your overall behavior on any of these social media channels are still under their specific set rules and policies.
Shiny Leaf Sweepstakes are open to all participants regardless of location. Shipping fees of prizes are free for U.S. residents only. If the shipping address is outside the U.S., the winner may still claim his/her prize. The prizes or products will be free of charge, but the winner shall pay for the shipping cost.
SECTION 24 – DISCOUNTS
Shiny Leaf shall from time to time release discount coupons, codes, vouchers and similar items (collectively known as ‘Discounts’). Each of the Discounts is valid for a limited time only. Only one valid discount code, coupon, or voucher is allowed per transaction and therefore discounts may not be combined. The values of the Discounts are as specified on the voucher and may not be exchanged for cash or balances transferred to a new discount coupon. The Discounts are intended for single use only unless otherwise specified. Offer good while supplies last. Void where prohibited. Shiny Leaf has the right to amend and/or discontinue any of the Discounts advertised without prior notice.
Discounts will not be replaced when lost, damaged or stolen. Shiny Leaf shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, as a result of participating in this offer, except for any liability which cannot be excluded by law.
Some products may not be eligible for discount. This may include newly released products, which in some areas, may not be sold at a discount. Discounts cannot be used to pay for shipping, handling, taxes or other charges.
SECTION 25 – SHINY LEAF REWARDS PROGRAM - TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE SHINY LEAF REWARDS PROGRAM. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
- Membership Overview & Eligibility
1.1. The Shiny Leaf Rewards Program (“Program”) is offered at the sole discretion of Shiny Leaf LLC (“Shiny Leaf,” “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years or older and who provide and maintain a valid e-mail address are eligible to become members. No purchase is necessary to join the Program. Employees of Shiny Leaf are ineligible to participate in Program. The Program is void where prohibited by law.
- Program Enrollment
2.1. Upon registration to www.shinyleaf.com (collectively, the “Site”), your account is also enrolled with the Shiny Leaf Rewards program and can start earning points.
2.2. The personal information used on your account on www.shinyleaf.com will be used for your program account. You will be also given the option to provide your birth date and mobile phone number, but this information is optional. You may update your personal information on the website or mobile app or by contacting the Shiny Leaf Customer Service at 1-888-882-2041.
2.3. Only one Program account may be associated with a single member and a single e-mail address. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be the authorized account holder of the e-mail address submitted at the time of enrollment. For purposes of these Program Terms, the "authorized account holder" is the natural person who is assigned to the submitted e-mail address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
- How the Program Works and The Benefits
3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products. You are able to earn points by making eligible purchases. Purchases made at (1) www.shinyleaf.com, (2) Amazon (3) eBay (4) Other online sales channels are eligible for the Program. For your purchase to qualify for the Program, you must be enrolled in the Program and claim your points. Visit our FAQs [https://www.shinyleaf.com/pages/rewards] to learn more about how points can be earned.
3.2. Program members earn 10 points for every $1 spent on Shiny Leaf products. You may also earn additional points for qualifying purchases made during exclusive promotions. Terms and conditions apply; see details of each promotion for more information. Program members also earn points for completing certain requirements and referring friends. Visit our program page to learn more about the available points and the requirements [https://www.shinyleaf.com/pages/rewards].
3.3. Purchases made in sales channels other than the official Shiny Leaf website, Shiny Leaf Mobile App or Amazon might need additional details for verification, and points for such purchases might not be immediately rewarded, but instead require a verification period of up to 7 days.
3.4. Neither accounts nor rewards and/or points may be shared or combined. Only the member paying for the products may accumulate rewards and/or points. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time.
3.5. Rewards and/or points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances and/or points credited to your Program account will be decreased or reversed, as applicable, if part or all of the purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Program Terms as determined by us in our sole discretion. The sale, barter, transfer, donation, auction or assignment of any rewards offered through the Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned or points awarded under the Program are the responsibility of the member.
3.6. Rewards cannot be exchanged or returned for points, another product or a monetary refund.
3.7. The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Program Terms.
3.8. We are not responsible for rewards and/or points lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen or otherwise destroyed. We are not responsible for a third-party merchant’s failure to honor rewards.
3.9. We reserve the right to change the Program’s rewards/benefits, how you earn points and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program, the number or types of rewards you may receive or earn at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof.
3.10. Rewards can only be redeemed on the Shiny Leaf website [www.shinyleaf.com] or the Shiny Leaf Mobile App.
3.11. Promotional discounts or coupon codes can not be used in combination with redeeming reward point.
3.12. Program members are eligible to receive one (1) birthday gift per member per year. If you have provided your birth date, your birthday gift reward (w/coupon code) will be emailed to the address registered on your account on the date of your birthday.
- Marketing Communications
4.1. By enrolling in the Program, you will be automatically subscribed to receive and consent to receive Program related e-mails and/or SMS messages, including Program marketing e-mails / SMS. We also may give you the option to opt-in to receive other marketing communications from us at the time of enrollment.
4.2. You may opt-out of receiving Program marketing e-mails at any time by following the instructions provided in the e-mail or SMS message or by contacting our customer support team, but operational e-mails will still be sent to you as they relate to your membership in the Program. Examples of these include, but are not limited to, a redemption confirmation e-mail, a profile update e-mail, or other communications that relate to your account.
- Termination and Modification
5.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Program Terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards.
5.2. We reserve the right to, at any time, in our sole discretion: (1) exclude you from participation in the Program; (2) discontinue your participation in the Program; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the Program, failure to follow any Program Terms, membership inactivity for more than 24 months (i.e. member has not made a purchase within 24 months), illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Program Terms, we also reserve the right to take appropriate legal action, in our sole discretion.
5.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by contacting the Shiny Leaf Customer Service team.
- Disclaimer of Warranties; Limitation of Liability
6.1. NEITHER SHINY LEAF LLC. NOR ITS AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
6.2. YOU AGREE THAT NEITHER SHINY LEAF LLC. NOR ITS AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
6.3. FURTHER NEITHER SHINY LEAF LLC. NOR ITS AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
6.4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE PROGRAM TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Program Terms.
- Governing Law and Disputes
8.1. This Program and these Program Terms will be governed by and construed under the substantive laws of the State of Florida, as if they were a contract wholly entered into and wholly performed within Florida and without reference to conflict-of-laws considerations.
8.2. ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE PROGRAM TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Program Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
8.3. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Contact Us
For information about the Program and your membership, contact Shiny Leaf Customer Service at 1-888-882-2031 from within the U.S.A. or via e-mail at firstname.lastname@example.org. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also find answers to helpful frequently answered questions in our FAQs.
SECTION 26 – SHINY LEAF PREMIUM MEMBERSHIP PROGRAM - TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SUBSCRIBING TO THE SHINY LEAF PREMIUM MEMBERSHIP PROGRAM. BY SUBSCRIBING TO THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SUBSCRIBE TO THIS PROGRAM.
- Membership Overview & Eligibility
1.1. The Shiny Leaf Premium Membership Program (“Premium Membership”) is offered at the sole discretion of Shiny Leaf LLC (“Shiny Leaf,” “we,” “our” or “us”). The Premium Membership is available to all Shiny Leaf customers. An initial purchase of any product/s is necessary to subscribe to Premium.
- Premium Subscription Benefits
2.1. Subscriber to Premium Membership can enjoy more features, bigger incentives, and exclusive high-value packages that other regular customers cannot access. This includes a welcome gift (one-time gift) to be sent along with your first order with Premium membership, 15% discount on all orders (starting from the current order), and an exclusive coupon booklet worth $80.
2.2. In terms of the Shiny Leaf Rewards Club, a Premium member will receive higher reward points (15 points = every $1 spent) and a bigger birthday gift of 100 points instead of 50 points. Reward points accumulation will be based on the total price of your order after all applicable codes or discounts are applied, not on the regular prices of the products.
2.3. In terms of auto-delivery subscriptions, otherwise known as “Subscribe and Save Orders”, a Premium member will get 25% discount on the first two (2) Subscribe and Save Recurring Charges for a new order made. The regular 15% discount for auto-delivery subscriptions shall apply on succeeding charges (3rd onwards). This is a one-time benefit for only one (1) auto-delivery order made after subscribing to Premium Membership.
2.4. A Premium subscriber gets member-only promotions with extended duration. You will also have exclusive access to products samples or freebies.
- Governing Guidelines of the Program
3.1. Subscribing to Premium Membership will only be made possible upon placing an order at the Shiny Leaf store. Premium Membership will be offered as an add-on to your product order with an annual membership fee of $15.
3.2. Premium subscription shall automatically renew every year but we will send you a notification before the date of renewal. Each auto-renewal will be charged with $15 membership fee every succeeding year.
3.3. The Premium fee is non-refundable and not convertible to products or reward points.
3.4. The products and services available through Premium Membership and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Program Terms.
3.5. We reserve the right to change the inclusions and benefits of Premium membership. We reserve the right to place limits on the number of purchases or activities that are eligible for the Premium Membership , the number or types of perks you may receive or earn at any given point level, in a given time period or for the duration of the subscription, and/or any combination thereof.
3.6. Special promotional discounts or coupon codes cannot be used on top of or in combination with Premium Membership discounts.
- Termination and Modification
4.1. Premium membership and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Program Terms, our FAQs, and/or the Premium Membership or any aspect or feature of the Premium at any time without prior notice, even though such changes may affect the value of rewards or benefits under the Premium Membership.
4.2. We reserve the right to, at any time, in our sole discretion to: (1) exclude you from participating in the Premium Membership program; (2) discontinue your participation in the Premium Membership Program; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the Premium Membership, failure to follow any Program Terms, membership inactivity for more than 24 months (i.e. member has not made a purchase within 24 months), illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Premium rewards, points, cards, credits, vouchers, coupons and/or certificates, may result in the revocation of your membership and make you ineligible for further participation in the Premium membership. If your membership is revoked, your access to the Premium Membership and its features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Program Terms, we also reserve the right to take appropriate legal action, in our sole discretion.
4.3. If you decide you no longer want to be subscribed to Premium, you may cancel your subscription at any time by contacting the Shiny Leaf Customer Service Team by email or through your account page, in which case your membership and associated benefits will be effective until the expiration of your current subscription term.
4.4. If you unsubscribe and subscribe back to Premium after previous subscription has expired, all benefits will renew except for the welcome gift.