Onnit X Rewards Program Terms and Conditions
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE ONNIT X REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR PARTICIPATE IN THE ONNIT X REWARDS PROGRAM.
A. Terms and Conditions
The Onnit X Rewards Program (“The Onnit X Rewards” or “The Program”) is a loyalty program sponsored by Onnit Labs, Inc. (“Sponsor”) and is separate from all other programs. Onnit X Reward Program Members (“Reward Members” or “ Reward Member”) are responsible for remaining familiar with these Program Terms and Conditions. “You” or “Your” are used herein to refer to Reward Member(s). “We” or “Our” are used herein to refer to the Sponsor. These Terms and Conditions apply to Reward Members’ participation in the Program. Reward Members’ participation in the Program constitutes their agreement to follow these Terms and Conditions and to be bound by them.
These Terms and Conditions include an arbitration provision that governs any disputes between Reward Members and Sponsor Unless Reward Member opts out as described in the arbitration provision below, this provision will:
Eliminate Reward Member’s right to a trial by jury; and
Substantially affect Reward Member’s’ rights, including preventing Reward Member from bringing, joining or participating in class or consolidated proceedings.
Reward Member agrees that Sponsor may provide notices, disclosures and amendments to these Terms and Conditions, and other information relating to the Program by electronic means, including posting such information and materials at https://www.onnit.com/onnit-x/.
B. Terms and Conditions Subject to Change
Sponsor reserves the right to update or modify these Terms and Conditions at any time without prior notice. Those changes will go into effect on the Effective Date shown in the revised Terms and Conditions. By continuing to participate in the Program, you are agreeing to the revised Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions whenever you visit the Program websites.
The Program is open to any Onnit Customer who is at least eighteen (18) years of age or older. It is void where prohibited by law. Reward Members must have a valid Account from Onnit.com.(“Account”) If you do not have an Onnit.com Account, visit https://www.onnit.com/cart/create_account.php and follow the links and instructions to create an Account. NOTE: Your Onnit.com Account profile must include a complete first and last name. If your Onnit.com Account does not meet this requirement, you may be suspended from the Program.
It is free to enroll in the Program. No purchase is necessary. To enroll in the Program online or via phone, simply provide your first and last name, birth day and month, a mailing address, an email address, and a unique phone number that you have the right to use. Reward Members are responsible for keeping contact information up to date by calling Customer Service at 1-855-ONNIT-99 or logging in to your Rewards Account. Sponsor is not responsible for communications, offers, or rewards sent to out-of-date email addresses.
E. Earning Onnit X Reward Points
Reward Points accrue at a rate of one (1) point for each $1.00 (USD) of net qualifying purchases made with your eligible Account (“Points”). In order to earn Points on each qualifying purchase, Reward Members must identify themselves at the time of purchase using the same email address that was used to enroll. You are eligible to earn Points every time you shop online, in store or on the phone. There is no limit on the number of total points you may earn in the Program. Points that accrue as a result of your transactions with the Sponsor will be posted to your Account, and a summary of activity in your Account will be displayed on the Reward Members Onnit X dashboard. Points will be rounded to the nearest whole number. Points will normally be posted to your Account within three (3) to five (5) business days from the date of your purchase from the Sponsor, but may be posted to your Account at a later time depending on the Sponsor or the applicable offer. We do not assume any liability for the failure of Rewards to post to your Account in a timely manner. Points earned as a result of a special offer or specific transaction with the Sponsor expire in accordance with the terms of said offer or transaction.
The Points balance will increase or decrease due to qualifying purchase credits, returns, or other adjustments to your Account. Qualifying purchases, returns, or adjustments are deemed to occur on the date of the credit, return, or adjustment. Your Points balance will not be updated until after the qualifying purchase credit, return, or adjustment posts to your Account. In the event Points are added to your Account in error, we reserve the right to reverse those points. Some updates may reduce your Points balance, and in some cases could result in a negative Points balance.
You are solely responsible for checking your Account regularly to ensure that your Points are properly credited. If you believe that proper credit does not appear on your Account, you should contact the Sponsor by calling Customer Service at 1-855-ONNIT-99 and then provide any requested documentation to verify your purchase. We reserve the right to determine, in our sole and absolute discretion, whether Points should have been posted to your Account and to adjust your Account accordingly. You acknowledge that any such determination by Sponsor will be final and binding. IF YOU DISAGREE WITH ANY SUCH DETERMINATION, OR OTHERWISE DISPUTE THAT POINTS HAVE BEEN PROPERLY CREDITED TO YOUR ACCOUNT, YOUR SOLE REMEDY IS TO WITHDRAW FROM THE PROGRAM.
F. Point Expiration
Previously earned Points from Sponsor will be rolled into the Program. Points accumulated from the Effective Date will expire twenty-four (24) months from the date the Points were earned.
G. Eligibility to Redeem Points and Point Forfeiture
As long as your Account is open and in good standing, and you are not in violation of the Terms and Conditions, you may redeem Points for eligible purchases and enter into Sponsor raffles using Reward Points. However, Reward Members may not redeem points if your Account is not open for transactions.
I. Receive Notifications from Sponsor
Points earned are not transferable and may not be sold, resold, exchanged or bartered. Points have no cash value and cannot be exchanged for cash. Points cannot be used to purchase gift cards or third-party services. Additional exclusions may apply – see your Rewards Account for details and specific exclusions.
K. Cancellation and Closure of Account
Reward Members have the right to cancel membership at any time by calling Customer Service at 1-855-ONNIT-99. By canceling a membership, Accounts will be closed, any Points balance forfeited, and Program benefits will end. Sponsor, at its sole discretion, may terminate memberships without notice if continued use would violate any terms of the Program.
Sponsor recommends Reward Members redeem any accrued Points prior to voluntarily closing the Account. If you voluntarily close your Account, you will have 45 days from the date you close your Account to redeem any existing Points. After that, all Points earned on the closed Account will be forfeited. On the day you close your Account, you will cease earning Points on transactions, including any trailing transactions that post to your Account on or after the closure date.
If Sponsor closes your Account and you are disqualified from participating in the Program, your Points will be forfeited and you will not be able to redeem them.
Points are refundable if item(s) purchased with Points are returned within the 90-day return window. At time of return, the Reward Members will not receive new Points, but any Points balance will be available the next day through the online Onnit X Rewards dashboard. Same-day cancellations purchased with Points online or as phone orders may not be reflected in the Onnit X Rewards Dashboard for up to 72 hours.
THIS PROGRAM, AND ALL CONTENT AVAILABLE ON THE RELATED WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR PARTICIPATION IN THE PROGRAM AND USE OF RELATED WEBSITES, AS APPLICABLE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT ONNIT LABS, INC. AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE OR OUR MOBILE APPLICATIONS.
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ONNIT LABS, INC. AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE PROGRAM OR RELATED WEBSITES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE OR MOBILE APPLICATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ONNIT LABS, INC. AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE PROGRAM OR RELATED WEBSITES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE PROGRAM OR RELATED WEBSITES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE PROGRAM WEBSITES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE PROGRAM WEBSITES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ONNIT LABS, INC. OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE PROGRAM OR RELATED WEBSITES, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
To the fullest extent permitted by applicable law, Reward Members agrees to indemnify and hold harmless Sponsor, its subsidiaries and affiliate entities, and their respective, directors, officers, employees, and agents from all liability and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms and Conditions by you or anyone using your Account. If Sponsor assumes the defense of such a matter, Reward Members will reasonably cooperate with Sponsor in such defense.
O. Arbitration Agreement and Waiver of Certain Rights
Reward Members and Sponsor agree that any disputes will be resolved through binding and final arbitration instead of through court proceedings. Reward Members and Sponsor hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between Reward Members and Sponsor. relating to these Terms and Conditions, the Program or the related websites (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If the Reward Member demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation,Sponsor will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude Reward Members or Sponsor from seeking action by federal, state, or local government agencies. Reward Members and Sponsor also have the right to bring qualifying claims in small claims court. In addition, Reward Members and Sponsor retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.
Neither Reward Members nor Sponsor may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only Reward Members and/or Sponsor’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in writing and signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms and Conditions. This Section of the Terms and Conditions will survive the termination of the Reward Members’s relationship with Sponsor.
P. Other Provisions
Any action relating to the use of the Program and related websites or any transaction with Sponsor must be brought in the state or federal courts located in Travis County in the State of Texas. Reward Members consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any conflict of laws, rules or provisions.
Under no circumstances will Sponsor 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 of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions.
The failure by Sponsor to enforce any right or provision of these Terms and Conditions will not prevent it from enforcing such right or provision in the future.
Sponsor may assign its rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.