1.1. The Program. The program is a points-based rewards program through which members are able to redeem points for special “rewards.” MEMBERSHIP IN THE PROGRAM DOES NOT ENTITLE A MEMBER TO ANY SPECIFIC GOODS, SERVICES, OR OTHER ITEMS OF VALUE. MEMBERSHIP IN THE PROGRAM CANNOT BE REDEEMED FOR CASH OR OTHER CONSIDERATION, IS NON-TRANSFERRABLE AND IS AT ALL TIMES SUBJECT TO THESE PROGRAM TERMS.
1.2. Eligibility. Membership in the program is available to any individual who: (a) possesses the legal authority to agree to these program terms; (b) resides in a country that legally permits participation in the program; and (c) has not previously been terminated from the program. You represent that you meet the eligibility requirements in this Section 1.2. In any case, to the extent that you make use of the program website, you affirm that you are over the age of 13, as the program website is not intended for children under the age of 13.
1.3. Enrollment. An individual may apply to enroll in the program by fully and accurately completing a program enrollment form in one of the following places:
- • on the Caruso mobile application,
- • on the program website (www.thegrovela.com and www.americanaatbrand.com),
- • in person at the Concierge Services desk at The Grove shopping center in Los Angeles, California, or at The Americana at Brand shopping center in Glendale, California (the “Retail Centers”).
Once eligibility for membership in the program is confirmed by Caruso Affiliated, an applicant will be enrolled in the program as a member. Caruso Affiliated may deny membership in the program to any applicant who in Caruso Affiliated’s sole discretion does not satisfy the criteria for eligibility and enrollment in the program.
1.4. Membership Accounts. Individual Memberships. All members who have fully and accurately completed a program enrollment form will be assigned a unique and personal account associated with their membership in the program (a “Membership Account”). All membership accounts are individual accounts and no joint accounts are permitted. Membership accounts and program rewards are nontransferable and cannot be sold, redeemed for cash or any other thing of value, combined, or otherwise shared with another person unless expressly stated otherwise or required by applicable law. Any attempted transfer, sale or barter of a membership account will be void.
1.5. No Membership Fees. There are no membership fees for Caruso Rewards.
4.1. Modification of the Program and these Program Terms. Caruso Affiliated may change the program and these program terms at any time, for any reason and without notice. Caruso Affiliated may make changes that affect, without limitation, enrollment and membership-administration processes and Caruso Rewards (including the availability and rules for redeeming Caruso Rewards). Notwithstanding the foregoing, if we make changes that materially affect the availability of Caruso Rewards generally (as opposed to the availability of one or more specific rewards), then we will notify you of such modification by sending you an e-mail to the e-mail address that is registered with your membership account and/or by posting notice of the change on the program website. Any changes to these program terms will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on the program website. We suggest that you revisit these program terms from time to time to ensure that you stay informed of any such notifications of changes to the program or these program terms. Your use of the program and/or the program website after we update these program terms will constitute acceptance of the modified program terms.
4.2. Termination of the Program. Caruso Rewards may terminate the program in whole or in part with thirty (30) days advance notice to all members; provided however, if applicable law requires more than thirty (30) days advance notice prior to termination of the program then members will be provided the advance notice required by applicable law prior to termination of the program. If the program is terminated, all unredeemed Caruso Rewards points will be forfeited without any obligation or liability on the part of Caruso Affiliated.
4.3. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT MEMBERHIP IN THE PROGRAM AND USE OF THE PROGRAM WEBSITE AND/OR THE MOBILE APPLICATION IS AT YOUR SOLE RISK. NEITHER CARUSO AFFILIATED, NOR ITS AFFILIATES, MEMBERS, SHAREHOLDERS PARTNERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM PARTICIPATION IN THE PROGRAM, (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, DESCRIPTIONS OF MEMBERSHIP BENEFITS), SERVICES OR PRODUCTS PROVIDED THROUGH THE PROGRAM, THE PROGRAM WEBSITE AND/OR THE MOBILE APPLICATION; OR (III) THAT USE OF THE PROGRAM WEBSITE AND/OR THE MOBILE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE. CARUSO AFFILIATED HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PROGRAM WEBSITE, AND/OR THE MOBILE APPLICATION OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE PROGRAM WEBSITE, AND/OR THE MOBILE APPLICATION, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE PROGRAM,THE PROGRAM WEBSITE AND/OR THE MOBILE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
4.5. Membership Communications.
- • All program communications will be sent to the member’s e-mail, mobile phone or mailing address currently provided in the member’s membership account. Members must keep their email, mobile phone and mailing addresses current.
- • At any time a member contacts the Caruso Rewards membership line, Caruso Affiliated may ask the member certain security-related questions to verify the member’s identity. Caruso Affiliated may monitor or record telephone calls to improve quality of service.
- • Members may review their membership account, Caruso Affiliated points balance and transaction history, and update personal details and preferences on the program website and/or the mobile application. Your membership account number or user name and password are required to access your membership account information on the program website and/or the mobile application.
4.6. Taxes. Membership rewards may be subject to sales or other taxes. You are solely responsible for paying all such taxes and for making all applicable disclosures to third parties. Caruso Affiliated will not be liable for any tax liability, duty or other charges in connection with issuing Caruso Rewards points or making available membership rewards on the program website.
4.8. Not Responsible for Acts, Errors, or Omissions. Caruso Affiliated is not responsible for any of the following: (a) any loss or misdirection of, or delay in receiving, any member application, correspondence, or requests to redeem Caruso Rewards points; (b) theft or unauthorized redemption of Caruso Rewards points; (c) any acts or omissions of third parties or (d) any errors published in relation to the program, including, without limitation, the terms of any membership rewards displayed on the program website and/or mobile application or otherwise communicated to members or the general public. Caruso Affiliated reserves the right to correct, without notice, any errors.
4.9. Interpretation of Program Terms. All interpretations of these program terms will be at Caruso Affiliated’s sole discretion, and Caruso Affiliated’s decisions will be final.
4.10. Waiver. Caruso Affiliated’s waiver of any breach of these program terms by any member will not constitute a waiver of any other prior or subsequent breach of these program terms. Caruso Affiliated’s failure to insist upon strict compliance with these program terms by any member will not be deemed a waiver of any rights or remedies that Caruso Affiliated may have against that or any other member. Caruso Affiliated may waive compliance with these program terms in its sole discretion and may run promotions from time to time that provide enhanced benefits to select members.
4.11. Governing Law – California. The program and these program terms shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of law rules. ind the centument ltd review
4.12. Jurisdiction. You agree that any action at law or inequity arising out of or relating to these program terms or the program shall be filed only in the state or federal courts in and for the County of Los Angeles and State of California, and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.
4.13. Waiver of Punitive Damage Claims and Class Actions. You and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
4.14. Subject to Law. Membership in the program and the earning and redeeming of Caruso Rewards points and claiming of Caruso Rewards are subject to all applicable local laws and regulations. Membership in the program, claiming of Caruso Rewards, or earning of Caruso Rewards points may not be available if prohibited or restricted by applicable law or regulation in the Unites States or a Member’s country of residence. If any part of these program terms is held to be unlawful or unenforceable, that part will be deemed deleted from these program terms in such jurisdiction and the remaining provisions will remain in force, subject to Sections 4.1 and 4.2. and citidel ltd review
4.15. Entire Agreement. These program terms, together with those incorporated herein or referred to herein, constitute the entire agreement between Caruso Affiliated and you relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the program website.