These
Terms and Conditions of Use apply to your access to, and participation in, the Doja
exclusive Rewards program in the United States ("Doja Exclusive Reward "),
which is operated by Doja Exclusive or its respective subsidiaries, licensees and
affiliated companies (collectively, "Doja Exclusive"). These Terms
and Conditions of Use do not alter in any way the terms or conditions of any
other agreement you may have with Doja Exclusive for other products or
services.
CHANGES
TO TERMS
Doja
Exclusive reserves the right to change or modify these Terms and Conditions of
Use or any policy, FAQ, or guideline pertaining to the Doja Exclusive Rewards
Program, in whole or in part, at any time and in its sole discretion. Any
changes or modifications will be effective immediately and will be posted
to https://dojaexclusive.com/terms, so please check back
from time to time. You waive any right you may have to receive specific
notice of such changes or modifications, and your continued access to or
participation in Doja Exclusive Rewards Program following any such changes or
modifications confirms your acceptance. If you do not agree to these Terms
and Conditions of Use, as may be changed or modified, you must stop accessing
and participating in the Doja Exclusive Rewards Program.
USE
AND AGE LIMITATION
Doja
Exclusive Rewards is intended for personal use only. Commercial use is
prohibited. Doja Exclusive Rewards Program is not targeted towards, nor
intended for use by, anyone under the age of 21. In addition to expiration
as set forth below, we may set other limitations on redemption, including by
requiring in store redemption and/or by limiting periods, days, or hours of
redemption.
ABOUT
DOJA EXCLUSIVE REWARDS PROGRAM
Doja
Exclusive Rewards Program is one way in which Doja Exclusive endeavors to
reward and thank loyal customers for patronizing our business and purchasing Doja
Exclusive products. Doja Exclusive Rewards Program customers are able to
earn and accumulate "Doja Points" that can be redeemed for Doja
Exclusive Rewards Program benefits ("Rewards") at Doja Exclusive.
JOINING
DOJA EXCLUSIVE REWARDS PROGRAM
To
join Doja Exclusive Rewards Program, go to https://dojaexclusive.com/shop?action=myaccount and follow the prompts to
create an account. You will be required to provide the following
information:
First and last name, email
address and password.
Birthday (month, day, year).
EARNING
DOJA POINTS
The
Rewards that are available to you through Doja Exclusive Rewards Program are
based on the number of Doja Points that you earn. You can earn Doja
Points by making purchases at Doja Exclusive in the following ways:
You
may earn 1 Doja Point for every $1 (one) U.S. Dollar spent.
EXCLUSIONS
TO EARNING DOJA POINTS
You
may not earn Doja Points in connection with purchases we chose to exclude, or
with certain types of beta or promotional programs. In addition, you
cannot earn Doja Points on taxes, tips, donations, and fees, including without
limitation, shipping and handling fees, gift wrapping fees, delivery fees, and
bag fees.
RETURNS
If
you void a purchase, Doja Exclusive will deduct the Doja Points that you earned
for that purchase, potentially resulting in a negative Point balance on your
account.
POINT
EXPIRATION
Unless
otherwise noted, Doja Points automatically expire one (1) year after the
calendar month in which such Doja Points were earned. For example, if you
earn Doja Points on December 15, 2021, they will expire on December 15,
2022. The oldest accrued Doja Points will be used first for
redemptions.
OTHER
IMPORTANT INFORMATION YOU SHOULD KNOW
These
Terms and Conditions of Use complement and incorporate by reference any other
agreement you may have with us, including our general Doja Exclusive Terms
& Conditions. In the event of any conflict between the Doja Exclusive
Terms & Conditions and these Terms and Conditions of Use, the Doja
Exclusive Terms & Conditions control.
Our
Privacy Statement is incorporated into these Terms and Conditions of Use and
also governs your participation in Doja Exclusive Rewards Program. Please
read our Privacy Statement carefully to understand how we collect, use and
disclose information about customers, how to update or change your personal
information, and how we communicate with you.
There
are no participation or customer fees associated with Doja Exclusive Rewards
Program. Doja Points accrued in connection with Doja Exclusive Rewards
Program are promotional, have no cash value and cannot be redeemed for cash. In
addition, your redemption of Doja Points accrued in connection with Doja
Exclusive Rewards Program cannot be combined with any other offers or
discounts, unless otherwise expressly indicated by Doja Exclusive.
Your
Doja Points, Rewards and Doja Exclusive Rewards Program account are personal to
you and may not be sold, transferred or assigned to, or shared with, family,
friends or others, or used by you for any commercial purpose. You may
have only one (1) Doja Exclusive Rewards Program account that is personal to
you.
Without
notice to you, Doja Exclusive reserves the right to limit or terminate your
participation in Doja Exclusive Rewards Program if Doja Exclusive determines,
in its sole discretion, that you have violated these Terms and Conditions of
Use or that the use of your Doja Exclusive Rewards Program account is
unauthorized, deceptive, fraudulent or otherwise unlawful, or for any other
reason in our sole discretion. Doja Exclusive may, in its sole
discretion, suspend, cancel or combine Doja Exclusive Rewards Program accounts
that appear to be duplicative. In the event that your participation in Doja
Exclusive Rewards Program is terminated, all accrued Doja Points in your
account are void.
Without
notice to you, Doja Exclusive also reserves the right to "unregister"
and make ineligible for Doja Exclusive Rewards Program that has been inactive
for two (2) consecutive years. Inactivity is defined as no Doja Points
earned during such two (2) consecutive year period. In the event that
your Doja Exclusive Card or account is unregistered or rendered inactive, all
accrued Doja Points in your account are void.
Doja
Exclusive reserves the right to change, modify, discontinue or cancel Doja
Exclusive Rewards Program or any part of the Doja Exclusive Rewards Program, at
any time and in its sole discretion, without notice to you.
NOTICES
You
agree that we may provide updates, notices, disclosures and amendments to these
Terms and Conditions of Use, and other information relating to the Doja
Exclusive Rewards Program by electronic means, including posting such
information and materials online at https://DojaExclusive.com/terms.
ARBITRATION
Please
read this section carefully. It affects rights that you may otherwise
have. It provides for resolution of most disputes through arbitration
instead of court trials and class actions. Arbitration is more informal
than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury,
and discovery is more limited. Arbitration is final and binding and
subject to only very limited review by a court. This arbitration clause
shall survive termination of these Terms and Conditions of Use.
Binding
Arbitration. This provision is intended to be interpreted broadly to encompass
all disputes or claims arising out of or relating to these Terms and Conditions
of Use, your access to or participation in Doja Exclusive Rewards Program, or
your relationship with us. Any dispute or claim arising out of or
relating to these Terms and Conditions of Use, your access to or participation
in Doja Exclusive Rewards Program, or your relationship with Doja Exclusive or
any subsidiary, parent or affiliate company or companies (whether based in
contract, tort, statute, fraud, misrepresentation or any other legal theory)
will be resolved by binding arbitration, except that either of us may take
claims to small claims court if they qualify for hearing by such a court.
Arbitration
Procedures.
For all disputes, whether pursued in court or arbitration, you must first send
a written description of your claim to our Customer Service department using
the appropriate link at https://DojaExclusive.com/Contact to allow us an
opportunity to resolve the dispute. You and we each agree to negotiate
your claim in good faith. You may request arbitration if your claim or
dispute cannot be resolved within 60 days.
The
arbitration of any dispute or claim shall be conducted in accordance with the
rules of the American Arbitration Association ("AAA"), including the
AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms
and Conditions of Use. The AAA Rules and information about arbitration
and fees are available online at www.adr.org. You and we agree that these
Terms and Conditions of Use evidence a transaction in interstate commerce and
that this arbitration provision will be interpreted and enforced in accordance
with the U.S. Federal Arbitration Act and federal arbitration law, and will not
be governed by state law. Any arbitration will be held in a reasonably
convenient location in the state in which you reside or at another mutually
agreed location. The arbitration will be conducted in the English language.
An arbitrator may award on an individual basis any relief that would be
available in a court, including injunctive or declaratory relief to the extent
required to satisfy your individual claim, and must follow and enforce these
Terms and Conditions of Use as a court would. Any arbitration shall be
confidential, and neither you nor we may disclose the existence, content or
results of any arbitration, except as may be required by law or for purposes of
enforcement of the arbitration award. Judgment on any arbitration award
may be entered in any court having proper jurisdiction.
Costs
of Arbitration.
Upon filing of the arbitration demand, we will pay all filing, administration and
arbitrator fees other than the initial filing fee, and for claims of less than
$1,000, Doja Exclusive will reimburse you for the filing fee within 30 days of
receiving a written request from you. Each party will bear the fees and
expense of its own attorneys, experts, witnesses and preparation and
presentation of evidence at the arbitration.
Class
Action Waiver and Jury Waiver. You and we each agree that any
proceeding, whether in arbitration or in court, will be conducted only on an
individual basis and not in a class, consolidated or representative
action. If a court or arbitrator determines in an action between you and
us that this class action waiver is unenforceable, the arbitration agreement
will be void as to you. If for any reason a claim proceeds in court
rather than through arbitration, you and we each waive any right to a jury
trial.
GOVERNING
LAW
Any
dispute arising from these Terms and Conditions of Use or your access to or
participation in Doja Exclusive Rewards Program will be governed by and
construed and enforced in accordance with the laws of California, without
regard to conflict of law rules or principles. The United Nations
Convention on Contracts for the International Sale of Goods shall have no
applicability. Any dispute between the parties that is not subject to
arbitration or cannot be heard in small claims court will be resolved in the
state or federal courts located in the State of California.
SEVERABILITY
If
any provision or part of a provision of these Terms and Conditions of Use is
unlawful, void or unenforceable, that provision or part of the provision is
deemed severable from these Terms and Conditions of Use and does not affect the
validity and enforceability of any remaining provisions.