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 REWARDSPROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMSINCORPORATED BY REFERENCE BELOW. THESE TERMS AND CONDITIONS AFFECT YOUR LEGALRIGHTS AND INCLUDE A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND prevent you frombringing, joining, or participating in class or consolidated proceedingSFOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS ANDYOUR PARTICIPATION IN THE PROGRAM.
TheseTerms and Conditions apply to your access and participation in the NETA LoyaltyRewards Program (“the Program”). Forpurposes 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 andincorporate by reference the NETA Terms of Service and Privacy Policy. In the event of any conflict between theTerms of Service and these Terms and Conditions, the Terms of Service control.
Modification
You agree that NETA may modify these Terms and Conditions at anytime by adding new terms or by deleting or amending existing terms. Such modifications will be effective as ofthe date that the updated Terms and Conditions are posted on the NETA website(“Effective Date”). Yourcontinued participation in the Program after the Effective Date constitutesyour acknowledgment of such modifications and your agreement to abide, and bebound, by the Terms and Conditions as modified. If you do not accept such modification(s), then you must stopparticipating in the Program.
Consent to Receive Notices Electronically
Youconsent to receive electronically any agreements, notices, disclosures, andother communications (collectively, “Notices”) to which these termsrefer including, without limitation, by e-mail, sms, posting information andmaterials online at www.netacare.org, a push notice through the mobile app, orother electronic communication technology that may hereafter be adopted ordeveloped. You agree that all Noticesthat we provide to you electronically satisfy any legal requirements that suchcommunications be in writing. Also,please note that your consent to receive notices is separate from any electionthat you make with respect to receipt of marketing communications, which isdiscussed under the Privacy Policy.
Program Eligibility
Membership inthe Program is limited to current residents of Massachusetts who are over theage of 18 and be an active medical marijuana patient. The Program is for personal use only. Commercial use is prohibited. Membership inthe Program is limited to one membership per person. Membership is not transferrable. Any actual or attempted transfer, sale, or exchange of anybenefits of the Program (including reward points) is prohibited. Any violationof the foregoing may result in immediate cancellation of your account,including any benefits (such as reward points) is NETA’s sole discretion. Youare not required to pay any fee to be a member of the Program.
Youmay opt out of the Program at any time by opting out in your wallet orcontacting customer care at https://www.netacare.org/help.
Earning Reward Credits
Youcan earn reward credits simply by purchasing goods from NETA. Subject to these Program Terms andConditions, as a member of the Program, you will earn one (1) loyalty point perdollar spent on qualifying goods purchased. Taxes and fees including, without limitation, shipping, handling, anddelivery fees are excluded and ineligible for use in calculating loyaltypoints. Each time you accumulate five hundred (500) points, a $20 off discountreward credit will automatically be generated and added to your wallet that youmust redeem in-store.
Rewards points may notbe 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 youpurchased (to the extent refunds are available and legally permitted), anyreward points you received for the original purchase of such refunded productsshall be deducted and removed from your point total (and if any loyaltydiscount promotion was issued as a result, such loyalty discount promotion mayalso be removed). Reward points will only begin to accrue once you have becomea member in the Program and will not be retroactive. From time to time, in NETA’s sole discretion, NETA may run otherpromotions that allow you to earn additional rewards points under the Program,which other promotions may be run with or without notification to you. NETA reservesthe right to identify certain goods or products that will not be consideredqualifying goods and therefore will not award reward points when purchased.
Redeeming Reward Credits
Foreach five hundred (500) reward points that are active in your membershipwallet, you will be entitled to receive one (1) loyalty discount while suchpoints remain active, which you can apply to receive a $20 discount on yournext purchase of qualifying goods. Discounts can be applied towards futurepurchases from NETA. Credits will beapplied at checkout and can be redeemed for products and merchandise only. Credits cannot be applied towards taxes, shipping, handling, or previouspurchases. Your loyalty points andrewards credits are registered to your personal account and may not be sold,transferred, assigned to, or otherwise shared with, family, friends, orothers. Redemption of rewards discountcan be combined with any other coupons, credits, offers, or discounts. Thereare no participation or membership fees associated with the Program. Reward points accrued in connection with thisprogram are promotional, have no cash value and cannot be redeemed for cash.
Expiration of Reward Points
Rewardpoints expire six (3) months after the date that points were acquired if you donot make a subsequent purchase during that time. Loyalty discount promotions generated fromsuch reward points will expire if the requisite underlying points for suchdiscount promotions expire.
Notwithstandingthe 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
Youare responsible for maintaining the confidentiality of your password andaccount and are fully responsible for any and all activities that occur underyour account. Member of the programshould immediately inform NETA of any unauthorized use of their password oraccount or any other breach of security.
Privacy and Consent to Marketing
Allinformation you provide as a member of the Program (and any information thatmay 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 PrivacyPolicy. By participating in the Program,you consent to receive marketing, promotional, informational, and othermessages 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 byopting out of the Program in your wallet or contacting customer care at https://www.netacare.org/help.
NETA may cancelyour 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 anyterm or condition of the Program, these Program Terms and Conditions (includingthe Privacy Policy or Terms of Service that are incorporated herein), or anyapplicable law or regulation, or (d) engaged in any deception, forgery, fraudor committed any other abuse of the Program. NETA may revoke some or all ofyour benefits (including any reward points) if NETA determines that youreceived such benefits due to an error, through fraud or deception, or in anymanner not authorized.
If you cancel (or NETAcancels) your Program membership, you will lose all accumulated benefits(including reward points). If your Program membership is restarted aftercancellation, your previously-earned benefits (including reward points) willnot continue to your new membership.
In all mattersrelating to the administration and management of the Program, the decisions ofNETA will be final. NETA reserves the right to change or cancel any aspect ofthe Program, at any time. You agree that NETA may modify these Program Termsand Conditions (including the Program itself) at any time by adding new termsor by deleting or amending existing terms. Such modifications will be effectiveas of the date that the updated Program Terms and Conditions are posted toNETA’s website (the “Effective Date”). Your continued participation in theProgram after the Effective Date constitutes your acknowledgment of suchmodifications and your agreement to abide, and be bound, by the Program Termsand Conditions as modified. If you do not accept such modification(s), then youmust stop participating in the Program. The Program Terms and Conditions (andthe Program) may not be modified or amended by you except in a written documentissued in accordance with law that is signed by an authorized officer of NETA.
Disclaimers
THE PROGRAM ISPROVIDED “AS-IS” AND “AS AVAILABLE” AND NETA EXPRESSLY DISCLAIMS, TO THEFULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES OF ANY KIND RELATINGTO THE PROGRAM, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES ORCONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIETENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
Limitation of Liability
TO THE FULLEST EXTENTPERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NETA BE LIABLE TO YOU OR ANYTHIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THEPROGRAM, EVEN IF NETA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.ACCESS TO, AND PARTICIPATION IN, THE PROGRAM IS AT YOUR OWN DISCRETION ANDRISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NETA’SLIABILITY 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 THEACTION), 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 IMMEDIATELYPRECEDING 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 OFCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TOYOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TOJURISDICTION.
General Terms and Conditions
NETAreserves the right to suspend any loyalty points and/or reward discountsregistered to your account and/or terminate your account and/or yourparticipation in the Program if NETA determines, in its sole and completediscretion, that you have violated these Terms and Conditions or that the useof your Program account is unauthorized, deceptive, fraudulent, or otherwiseunlawful. If your participation in theProgram is terminated, all loyalty points and accrued rewards discounts in youraccount are void.
NETAreserves the right to change, modify, discontinue, or cancel the Program or anypart of thereof, at any time and in its sole discretion without notice toyou.
Ifany provision or part of a provision of these Terms and Conditions is unlawful,void, or unenforceable that provision or part of the provision is deemedseverable from these Terms and Conditions and does not affect the validity andenforceability of any remaining provisions.
TheseTerms 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
Exceptfor disputes brought in small claims court, all disputes between you and NETAarising out of, relating to, or in connection with the Program shall beexclusively settled through binding arbitration pursuant to the then-currentrules of the American Arbitration Association (“AAA”) for consumer arbitration. There is no judge or jury inarbitration. Arbitration procedures are simpler and more limited than rulesapplicable in court and review by a court is limited. YOU AND NETA AGREE THATANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN ACLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Notwithstanding any provision inthis Agreement to the contrary, if the class-action waiver in the priorsentence is deemed invalid or unenforceable, however, neither you nor we areentitled to arbitration. This arbitration agreement is subject to the FederalArbitration Act. The arbitrator’s award may be entered in any court ofcompetent jurisdiction. Information on AAA and how to start arbitration can befound at www.adr.org or by calling 800-778-7879. If this arbitration provisionis found unenforceable or to not apply for a given dispute, then the proceedingmust be brought exclusively in a court of competent jurisdiction in SuffolkCounty, MA. You hereby accept the exclusive jurisdiction of such court for thispurpose. All aspects of the arbitrationproceeding, and any ruling, decision, or award by the arbitrator, will bestrictly confidential for the benefit of all parties.
Youagree that, if NETA makes any future change to this arbitration agreement whileyou are a user of the Program, you may reject any such change by sending uswritten notice within thirty (30) calendar days to the address or emailprovided below. By rejecting any future change, you are agreeing that you willarbitrate any dispute between us in accordance with the language of thisarbitration agreement as of the date you first accepted this agreement (oraccepted any subsequent changes to this agreement). We agree that if NETA makes any future changeto this dispute resolution provision, it will not apply to any individualclaim(s) that you had already provided notice of to NETA.
Weare always interested in resolving disputes amicably and efficiently, and mostcustomer concerns can be resolved quickly and to the customer’s satisfaction byemailing customer support at contact@netacare.org. If such efforts prove unsuccessful, a partywho intends to seek arbitration must first send to the other, by certifiedmail, a written Notice of Dispute (“Notice”). The Notice to us should be sentto the address identified below.
You agree that, ifNETA makes any future change to this arbitration agreement while you are amember of the Program, you may reject any such change by sending us writtennotice within thirty (30) calendar days to the address or email provided in Questionsbelow. By rejecting any future change, you are agreeing that you will arbitrateany dispute between us in accordance with the language of this arbitrationagreement as of the date you first accepted this agreement (or accepted anysubsequent changes to this agreement). We agree that if NETA makes any futurechange to this dispute resolution provision, it will not apply to anyindividual claim(s) that you had already provided notice to NETA.
Miscellaneous
NETA is notresponsible for communication problems of any kind relating to theProgram. Under no circumstances will NETA be held liable for any delay orfailure in performance due in whole or in part to any acts of nature or othercauses beyond its reasonable control. If any provision contained in theseProgram Terms and Conditions is found to be unlawful, void, or unenforceable,then that provision will be deemed severable from the remaining provisions setforth in these Program Terms and Conditions and will not affect the validity orenforceability of any remaining provisions. The failure of NETA to enforce anyright or provision of these terms will not prevent NETA from enforcing suchright or provision in the future. NETA may assign its rights and obligationsunder these terms, including in connection with a merger, acquisition, sale ofassets or equity, or by operation of law. You are not entitled to assign any ofyour rights or obligations under these terms.
Questions
If you have any questions regarding the Program orthese Terms and Conditions, please contact our team at:
New EnglandTreatment Access, LLC
5 Forge Parkway
Franklin, MA 02038
contact@netacare.org
.svg)
