Last Updated: February 15, 2023
NETA Loyalty Rewards Program Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY PARTICIPATING IN THE NETA LOYALTY REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE BELOW. THESE TERMS AND CONDITIONS AFFECT YOUR LEGAL RIGHTS AND INCLUDE A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND PREVENT YOU FROM BRINGING, JOINING, OR PARTICIPATING IN CLASS OR CONSOLIDATING PROCEEDINGS FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS AND YOUR PARTICIPATION IN THE PROGRAM.
These Terms and Conditions apply to your access and participation in the NETA Loyalty Rewards Program (“the Program”). For purposes of this agreement, the terms “NETA,” “we,” “us,” and “our” refer to New England Treatment Access, LLC and its affiliates, subsidiaries, parent company, and other related companies. The terms “you” and “your” refer to you, as a user of the Program. These Terms and Conditions complement and incorporate by reference the NETA Terms of Service and Privacy Policy. In the event of any conflict between the Terms of Service and these Terms and Conditions, the Terms of Service control.
Modification
You agree that NETA may modify these Terms and Conditions at any time by adding new terms or by deleting or amending existing terms. Such modifications will be effective as of the date that the updated Terms and Conditions are posted on the NETA website (“Effective Date”). Your continued participation in the Program after the Effective Date constitutes your acknowledgment of such modifications and your agreement to abide, and be bound, by the Terms and Conditions as modified. If you do not accept such modification(s), then you must stop participating in the Program.
Consent to Receive Notices Electronically
You consent to receive electronically any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which these terms refer including, without limitation, by e-mail, sms, posting information and materials online at www.netacare.org, a push notice through the mobile app, or other electronic communication technology that may hereafter be adopted or developed. You agree that all Notices that we provide to you electronically satisfy any legal requirements that such communications be in writing. Also, please note that your consent to receive notices is separate from any election that you make with respect to receipt of marketing communications, which is discussed under the Privacy Policy.
Program Eligibility
Membership in the Program is limited to current residents of Massachusetts who are over the age of 18 and be an active medical marijuana patient. The Program is for personal use only. Commercial use is prohibited. Membership in the Program is limited to one membership per person. Membership is not transferrable. Any actual or attempted transfer, sale, or exchange of any benefits of the Program (including reward points) is prohibited. Any violation of the foregoing may result in immediate cancellation of your account, including any benefits (such as reward points) is NETA’s sole discretion. You are not required to pay any fee to be a member of the Program.
You may opt out of the Program at any time by opting out in your wallet or contacting customer care at https://www.netacare.org/help.
Earning Reward Credits
You can earn reward credits simply by purchasing goods from NETA. Subject to these Program Terms and Conditions, as a member of the Program, you will earn one (1) loyalty point per dollar spent on qualifying goods purchased. Taxes and fees including, without limitation, shipping, handling, and delivery fees are excluded and ineligible for use in calculating loyalty points. Each time you accumulate five hundred (500) points, a $20 off discount reward credit will automatically be generated and added to your wallet that you must redeem in-store.
Rewards points may not be immediately available and may take a few days to be added to your account. To the extent that NETA issues you a refund for qualifying products that you purchased (to the extent refunds are available and legally permitted), any reward points you received for the original purchase of such refunded products shall be deducted and removed from your point total (and if any loyalty discount promotion was issued as a result, such loyalty discount promotion may also be removed). Reward points will only begin to accrue once you have become a member in the Program and will not be retroactive. From time to time, in NETA’s sole discretion, NETA may run other promotions that allow you to earn additional rewards points under the Program, which other promotions may be run with or without notification to you. NETA reserves the right to identify certain goods or products that will not be considered qualifying goods and therefore will not award reward points when purchased.
Redeeming Reward Credits
For each five hundred (500) reward points that are active in your membership wallet, you will be entitled to receive one (1) loyalty discount while such points remain active, which you can apply to receive a $20 discount on your next purchase of qualifying goods. Discounts can be applied towards future purchases from NETA. Credits will be applied at checkout and can be redeemed for products and merchandise only. Credits cannot be applied towards taxes, shipping, handling, or previous purchases. Your loyalty points and rewards credits are registered to your personal account and may not be sold, transferred, assigned to, or otherwise shared with, family, friends, or others. Redemption of rewards discount can be combined with any other coupons, credits, offers, or discounts. There are no participation or membership fees associated with the Program. Reward points accrued in connection with this program are promotional, have no cash value and cannot be redeemed for cash.
Expiration of Reward Points
Reward points expire six (6) months after the date that points were acquired if you do not make a subsequent purchase during that time. Loyalty discount promotions generated from such reward points will expire if the requisite underlying points for such discount promotions expire.
Notwithstanding the foregoing, if your membership in the Program is terminated for any reason, your reward points (and any loyalty discounts) will immediately expire.
Use of Member Account
You are responsible for maintaining the confidentiality of your password and account and are fully responsible for any and all activities that occur under your account. Member of the program should immediately inform NETA of any unauthorized use of their password or account or any other breach of security.
Privacy and Consent to Marketing
All information you provide as a member of the Program (and any information that may be collected by NETA in connection with your participation in the Program) will be maintained, managed, and used by NETA as set forth in the Privacy Policy. By participating in the Program, you consent to receive marketing, promotional, informational, and other messages as set forth in the Terms of Service.
Termination; Changes to the Program; and Finality of Decisions
You may cancel your Program membership at any time by opting out of the Program in your wallet or contacting customer care at https://www.netacare.org/help.
NETA may cancel your Program membership at any time for any reason in NETA’s sole discretion, including, but not limited to, if NETA determines that you (a) are ineligible,(b) have not used your account for an extended period of time, (c) violated any term or condition of the Program, these Program Terms and Conditions (including the Privacy Policy or Terms of Service that are incorporated herein), or any applicable law or regulation, or (d) engaged in any deception, forgery, fraud or committed any other abuse of the Program. NETA may revoke some or all of your benefits (including any reward points) if NETA determines that you received such benefits due to an error, through fraud or deception, or in any manner not authorized.
If you cancel (or NETA cancels) your Program membership, you will lose all accumulated benefits (including reward points). If your Program membership is restarted after cancellation, your previously-earned benefits (including reward points) will not continue to your new membership.
In all matters relating to the administration and management of the Program, the decisions of NETA will be final. NETA reserves the right to change or cancel any aspect of the Program, at any time. You agree that NETA may modify these Program Terms and Conditions (including the Program itself) at any time by adding new terms or by deleting or amending existing terms. Such modifications will be effective as of the date that the updated Program Terms and Conditions are posted to NETA’s website (the “Effective Date”). Your continued participation in the Program after the Effective Date constitutes your acknowledgment of such modifications and your agreement to abide, and be bound, by the Program Terms and Conditions as modified. If you do not accept such modification(s), then you must stop participating in the Program. The Program Terms and Conditions (and the Program) may not be modified or amended by you except in a written document issued in accordance with law that is signed by an authorized officer of NETA.
Disclaimers
THE PROGRAM IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND NETA EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES OF ANY KIND RELATING TO THE PROGRAM, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIETEN JOYMENT, ACCURACY, OR NON-INFRINGEMENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NETA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE PROGRAM, EVEN IF NETA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.ACCESS TO, AND PARTICIPATION IN, THE PROGRAM IS AT YOUR OWN DISCRETION AND RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NETA’S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR RELATED TOTHE PROGRAM (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS($50) AND (B) THE AMOUNTS YOU’VE PAID NETA IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY (IF ANY). THE EXISTENCE OFMORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DONOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TOYOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
General Terms and Conditions
NETA reserves the right to suspend any loyalty points and/or reward discounts registered to your account and/or terminate your account and/or your participation in the Program if NETA determines, in its sole and complete discretion, that you have violated these Terms and Conditions or that the use of your Program account is unauthorized, deceptive, fraudulent, or otherwise unlawful. If your participation in the Program is terminated, all loyalty points and accrued rewards discounts in your account are void.
NETA reserves the right to change, modify, discontinue, or cancel the Program or any part of thereof, at any time and in its sole discretion without notice to you.
If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions are governed by the laws of the State of Massachusetts, without regard to conflict of law provisions.
Arbitration Agreement, Jury Trial and Class Action Waiver, Forum Selection
Except for disputes brought in small claims court, all disputes between you and NETA arising out of, relating to, or in connection with the Program shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for consumer arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND NETA AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Suffolk County, MA. You hereby accept the exclusive jurisdiction of such court for this purpose. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
You agree that, if NETA makes any future change to this arbitration agreement while you are a user of the Program, you may reject any such change by sending us written notice within thirty (30) calendar days to the address or email provided below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration agreement as of the date you first accepted this agreement (or accepted any subsequent changes to this agreement). We agree that if NETA makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to NETA.
We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at contact@netacare.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to the address identified below.
You agree that, if NETA makes any future change to this arbitration agreement while you are a member of the Program, you may reject any such change by sending us written notice within thirty (30) calendar days to the address or email provided in Questions below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration agreement as of the date you first accepted this agreement (or accepted any subsequent changes to this agreement). We agree that if NETA makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice to NETA.
Miscellaneous
NETA is not responsible for communication problems of any kind relating to the Program. Under no circumstances will NETA 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 contained in these Program Terms and Conditions is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from the remaining provisions set forth in these Program Terms and Conditions and will not affect the validity or enforceability of any remaining provisions. The failure of NETA to enforce any right or provision of these terms will not prevent NETA from enforcing such right or provision in the future. NETA may assign its rights and obligations under these terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You are not entitled to assign any of your rights or obligations under these terms.
Questions
If you have any questions regarding the Program or these Terms and Conditions, please contact our team at:
New England Treatment Access, LLC
5 Forge Parkway
Franklin, MA 02038
contact@netacare.org
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