Purpl Rewards Terms And Conditions

Last Updated: May 14th, 2024

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE PURPL REWARDS LOYALTY PROGRAM. YOUR PARTICIPATION IN THIS PROGRAM CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS, THE FRAGRANCENET.COM WEBSITE TERMS OF USE, THE FRAGRANCENET.COM MESSAGING TERMS AND CONDITIONS, AND COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR PRIVACY POLICY, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THE WEBSITE TERMS OF USE, THE MESSAGING TERMS AND CONDITIONS, OR OUR PRIVACY POLICY, DO NOT PARTICIPATE IN THIS PROGRAM.

MANDATORY ARBITRATION AND CLASS ACTION WAIVER: PLEASE NOTE THAT THESE TERMS AND CONDITIONS REQUIRE THAT DISPUTES BE RESOLVED ONLY BY ARBITRATION (AND NOT BY COURT LITIGATION) IN NEW YORK (OR THE CITY NEAREST TO YOU WHERE THE AMERICAN ARBITRATION ASSOCIATION HAS AN OFFICE), THAT YOU WAIVE ANY RIGHT TO JURY TRIAL, AND THAT YOU WAIVE ANY RIGHT TO BRING CLASS ACTIONS AGAINST US. PLEASE REVIEW SECTION 9 BELOW REGARDING GOVERNING LAW, ARBITRATION AND NO CLASS ACTIONS FOR COMPLETE DETAILS.

1. PROGRAM ELIGIBILITY AND MEMBERSHIP

The Purpl Rewards Loyalty Program (the “Program”) is a three (3) tiered loyalty and rewards program, with a Tier 1 (“Member”), a Tier 2 (“Ambassador”) and a Tier 3 (“VIP”), which is offered at the sole discretion of FragranceNet.com (“FragranceNet.com”, “we”, “our” or “us”). There is no purchase, payment or credit card required to sign up for, join and/or participate in Tier 1 of the Program. Members in Tier 1 have the option to advance to Tiers 2 and 3 based upon the accumulation of points which are earned through qualifying purchases, participation in Program activities and engagement and/or automatically through Program participation and qualifying events. To achieve a particular Tier status, you must accumulate the following number of points:

  • Tier 1 = 0 - 1,999 points
  • Tier 2 = 2,000 - 3,999 points
  • Tier 3 = 4,000 and above points

Program participants will have twelve (12) calendar months (January 1 to December 31) to earn Tier status. The Tier earned in the current calendar year (January 1 to December 31)(“Year 1”) will be recognized for the remainder of Year 1, as well as the following calendar year (“Year 2”). During the subsequent year (“Year 3”), you will continue to maintain the Tier status earned in Years 1 and 2, so long as you earned sufficient points in Year 2 to qualify for that Tier; if you do not earn sufficient points, you will Tier down to the Tier for which you do qualify. . By way of example, if you achieved Tier 3 in October 2022 (Year 1), then you would remain in Tier 3 for the remainder of 2022 (Year 1) and 2023 (Year 2); if during calendar year 2023 (Year 2), you earn 4,000 points or above, you will maintain Tier 3 status for 2024 (Year 3); if during calendar year 2022 (Year 2), you instead only earn 3,000 points, you will drop down to Tier 2 status for calendar year 2024 (Year 3).

To be eligible for participation in the Program, you must be a legal resident of the fifty (50) United States or District of Columbia and at least eighteen (18) years of age or older and the age of majority in your state of legal residence. We will not collect personally identifiable information from any person that is actually known to us to be a child under the age of thirteen (13). Persons under the age of eighteen (18) or the applicable age of majority in their legal state of residence are not eligible to participate in the Program. The Program is available only to individuals for their personal, non-commercial use and is limited to one (1) account per individual. Employees of FragranceNet.com and its parent, subsidiaries, affiliates and divisions are eligible to participate in the Program only for personal, non-commercial use. The Program is void where prohibited or restricted by law.

By joining the Program and becoming a Program member, you agree that you have read, understood and agree to be bound by these Purpl Rewards Loyalty Program Terms and Conditions (“Terms”) and by any changes or modifications that we may make hereto as well as all other terms of use and policies incorporated by reference. Except as otherwise expressly prohibited or limited by applicable law, we reserve the right to revise, change, modify or limit these Terms at any time in our discretion with or without prior notice to you. If we do provide notice, we will do so via the email address associated with your Program account. You should review these Terms and the related FAQs frequently to understand the terms and conditions of the Program as they may change from time to time. When we make revisions or modifications to the Terms or related FAQs, they will be posted on the website at www.FragranceNet.com and will be effective immediately upon posting and will supersede all prior versions of these Terms and/or related FAQs. These Terms do not alter in any way the terms or conditions of any other agreement that you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website Privacy Policy and website Terms of Use, which are incorporated herein by reference. Your continued participation in the Program after the posting of any revisions to its Terms and/or related FAQs shall confirm your acceptance of and agreement to be bound by the modified Terms and/or related FAQs, therefore you should periodically review them to be aware of any changes. If you do not agree to these Terms, our website Privacy Policy and our website Terms of Use, you cannot participate in the Program.

2. Program Enrollment

2.1. Eligible individuals will be automatically enrolled in the Program by creating a FragranceNet.com account either online at www.FragranceNet.com or via the FragranceNet.com mobile app. It is free to sign up for a FragranceNet.com account and you will be automatically enrolled in Tier 1 of the Program upon completion of the creation of your account. If you are already an existing FragranceNet.com account holder, you may enroll in the Program by logging in to your account and opting-in to the Program. Guest Checkout shoppers will have the ability to opt-in to the Program on the following several occasions: after Guest Checkout on the confirmation screen or via a link they will receive by email after Guest Checkout (if opting-in via the email link, the opt-in must be exercised during a seven (7) day window from their date of Guest Checkout). There is no requirement to make any payment or purchase or to provide any credit card information to sign up for a FragranceNet.com account or to be enrolled in Tier 1 of the Program.

2.2. To create a FragranceNet.com account and be enrolled in the Program, you will be required to provide: your first and last name, valid email address, and the creation of an account password. It is optional, and not required, to provide your birthday information and zip code and to sign up for SMS text messages. You are solely responsible for maintaining the accuracy of your account information and for keeping it up-to-date as may be required. You may update your personal information by signing into your online account and accessing the “My Account Page” or by contacting Customer Service. Customer Service can be reached at rewards@fragrancenet.com or 1-800-PARFUMS (727-3867) Monday through Friday during the hours of 9:00 am and 5:00 pm Eastern Time.

2.3. Only one Program account may be associated with a single email address. In the event of a dispute over the ownership of a Program account membership, the Program member will be deemed to be the authorized account holder of the email address associated with the FragranceNet.com account at the time of Program enrollment. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Enrolling or attempting to enroll in the Program multiple times through the use of multiple email addresses is prohibited and any such action will be cause for termination of your participation in the Program.

2.4 Enrollment and participation in the Program are voluntary, optional and not required to complete any transaction or sale, including but not limited to, any credit or debit transaction.

3. How the Program Works/Program Rewards

3.1. The Program allows you to earn points towards making Tier status and earning rewards/ benefits associated with your Tier status based on qualifying purchases, engagement in Program activities and/or other actions, such as but not limited to, downloading the free FragranceNet.com mobile app, creating a wishlist, leaving product reviews, completing surveys, quizzes or polls and/or participating in limited time promotional events or activities. Program activities and other actions may be subject to change in our sole discretion and may be subject to limitations or restrictions. Some of the Program activities and actions are detailed below. Once you earn a Tier status, you will be notified of your advancement to a next level Tier once it becomes effective and you may be eligible for certain benefits and to redeem rewards available to members of that Tier status. Each Tier status offers different benefits and rewards (some of which are detailed below), which benefits and rewards are offered at our sole discretion and may change from time to time with or without notice and may be offered on a limited basis. Visit our FAQs and Program Dashboard page to learn more about how to earn rewards and the benefits available to each Tier status

3.2. Purchases made online at www.FragranceNet.com or through the FragranceNet.com mobile app (collectively and individually, the “Site”) are eligible for earning points towards rewards/benefits in the Program, excluding gift card purchases, taxes, shipping and handling charges and any other fees associated with your purchase (a “Qualifying Purchase”). For each Qualifying Purchase, you will earn 5 points for every $1.00 spent (which, if applicable, will be rounded to the nearest dollar before tax, and after any discounts or rewards are applied), up to a maximum $5,000.00 annual spending cap on Qualifying Purchases. By way of example, if your total Qualifying Purchase comes to $25.00, you will earn 125 points; if your total Qualifying Purchase comes to $24.50, it will be rounded up to $25.00 and you will earn 125 points; if your total Qualifying Purchase comes to $24.49, it will be rounded down to $24.00 and you will earn 120 points. If and when you reach a total of $5,000.00 spent on Qualifying Purchases during a calendar year (January 1 to December 31), you are no longer eligible to earn points by purchase. Points cannot be earned from past purchases made prior to the Program launch or prior to your enrollment in the Program; Program rewards cannot be applied towards past purchases made prior to the Program launch or prior to your enrollment in the Program.

3.2.1. To earn points and any associated rewards/benefits for a Qualifying Purchase made through the Site, you must be logged into your account at the time of purchase. Typically, points cannot be earned retroactively for orders that have already been completed prior to logging into your account and rewards/benefits cannot be earned retroactively for orders that have already been completed prior to logging into your account. However, if you are enrolled in the Program and use Guest Checkout, you may log into your existing account when prompted by the purchase confirmation screen to access your loyalty dashboard and submit the required form to request a points credit. If you are not enrolled in the Program and use Guest Checkout, you will have the opportunity to earn points for your Guest Checkout purchase by either opting-in to enrollment in the Program during that Guest Checkout, after Guest Checkout on the confirmation screen or via a link you will receive by email after Guest Checkout (if opting-in via the email link, the opt-in must be exercised during a seven (7) day window from your date of Guest Checkout). Points earned for Qualifying Purchases will be pending until your order ships from our warehouse, at which time your points will be issued to your account. You can check for your available awards online at any time through your account. Please allow approximately fourteen (14) days after a Qualifying Purchase for your account to update to reflect your rewards earned.

3.2.2 If you return an item from a Qualifying Purchase for a refund to your original method of payment, you will be refunded the dollar amount that you paid for that Qualifying Purchase and any points earned from that Qualifying Purchase will be deducted from your Program account (and, in some cases, could leave a negative points balance in your account). Dollar-off rewards are a one-time use and will not be credited back to your account. In the case of a multi-item purchase, which results in a partial return and refund, the points earned from that original purchase will be deducted from your account in an amount equal to the points originally earned and attributable to only the returned items. If the item is instead exchanged, the points earned will remain the same. Points credited to your account will be decreased or reversed, as applicable, if all or part of your Qualifying Purchase is cancelled or if a credit refund is obtained through fraudulent or other activity that violates these Terms.

3.3 You may earn points by submitting a product review on the Site. To submit a product review, visit the product page on the Site, click the “add review” link, complete all required fields and submit as directed. Your earned points will be pending until such time as the review is posted on the product page. All product reviews must be truthful and accurately reflect your actual, honest opinion and experience regarding the reviewed product. In addition, all product reviews are subject to our Terms of Use and, by submitting your review, you agree to be bound by those Terms of Use.

3.4. If you elect to add your birth date to your account profile, you will automatically receive one hundred (100) bonus points to your account on your birthday. No purchase required.

3.5. Program members will have the option to redeem points for entry into a monthly sweepstakes (the “Sweepstakes”). The Sweepstakes is subject to, and governed by, its Official Rules. For the Official Rules and complete details on the Sweepstakes, click here.

3.6. Program rewards and benefits may include shipping upgrades, such as free shipping on orders over a specific dollar amount or expedited shipping. Any such shipping benefits may vary by Tier status (see our FAQs and Program dashboard page to learn more) and are subject to our Shipping Information policy.

3.7. If your account is dormant and you have not made any purchase, engaged in a Program activity or redeemed any points during a 12 consecutive month (i.e., 365 days) rolling period, any accumulated points in your account at such time will expire. By way of example, if you have 150 points on December 1, 2022 and do not make a purchase, engage in a Program activity or redeem any points by December 1, 2023, your 150 points will expire.

3.8. Program points, rewards and/or benefits have no cash value, cannot be sold and are non-transferable and you have no property rights in or to points, rewards or other Program benefits. Program accounts, rewards or benefits cannot be transferred to, shared or combined with any other person or Program member. Only the Program member that is paying for the Qualifying Purchase may accumulate rewards and benefits and only the Program member may redeem rewards that have accumulated in that member’s account. The sale, barter, transfer or assignment of any reward or benefit offered through the Program, other than by us, is expressly prohibited and will be cause for termination of your participation in the Program, and any rewards or benefits offered by us under the Program are subject to change at any time in our sole discretion, without prior notice.

3.9. This Program, participation in the Program and any rewards/benefits available through the Program are for the participating Program member’s individual, personal, and non-commercial use only; Qualifying Purchases, rewards and benefits are for the individual participating Program member’s own personal consumption, use or enjoyment and may not be bartered, traded, sold or resold. Any violation hereof, including but not limited to, participation in the Program and/or use of any Program rewards/benefits in a fraudulent or abusive manner, is grounds for termination of your participation in the Program. We reserve the right, without notice, to cancel or reduce the quantity of rewards/benefits issued or any related purchase(s) made under the Program at any time, in our sole discretion. We also reserve the right, without notice, to change Program benefits and ways in which rewards may be earned or redeemed at any time, in our sole discretion. We reserve the right to place limitations on the number of Qualifying Purchases that are eligible for the Program and/or the number or types of rewards that you may receive or earn during any given period of time or for the duration of the Program and/or any combination thereof.

3.10. We are not responsible for points or rewards that may be lost or redeemed as the result of any fraudulent activity.

3.11. We reserve the right to determine the points and/or rewards in any Program member’s account based upon our internal records related to such member’s account. A member’s points/rewards shall be deemed correct and accurate as reflected in our records and our good faith determination of the amount of points/rewards available to any member shall be final and binding and shall not be subject to any right of appeal.

If you have concerns regarding your Program account activity, including, by way of example and not limitation, rewards earned for a Qualifying Purchase that have not been properly applied to your Program account, please contact our Customer Service team by email at rewards@fragrancenet.com or by telephone at 1-800-PARFUMS (727-3867), Monday through Friday during the hours of 9:00 am and 5:00 pm Eastern Time.

4. Communications

4.1. By enrolling in the Program, you will be automatically subscribed to receive marketing emails from FragranceNet.com, including Program-related communications.

4.2. You may opt out of receiving marketing emails from FragranceNet.com at any time by clicking the “unsubscribe” link in the email to manage your preferences or as otherwise provided in the FragranceNet.com Privacy Policy. You may choose to receive only Program-related communications. Examples of these communications include emails relating to your Program account, rewards redemption or other Program service-related emails.

4.3. Promotional Text Message Consent: At your sign up for the Program or any time after your enrollment, by checking the box to opt in to the receipt of text messages from FragranceNet.com, you consent to receive recurring automated promotional and personalized marketing text messages from FragranceNet.com, including through the use of an automatic telephone dialing system, at the mobile telephone number you provided and agree to the FragranceNet.com Messaging Terms & Conditions. Consent is not a condition to purchase. Message and data rates may apply.

4.4. User Opt Out: Notwithstanding anything to the contrary herein, if you do not wish to receive additional text messages as set forth in Section 4.3, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from FragranceNet.com or sent on behalf of FragranceNet.com in order to opt out of the promotional text message program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are a reasonable method of opting out and are the exclusive means of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above, sending an email, or verbally requesting one of our employees to remove you from our list, are not reasonable means of opting out.

4.5. Duty to Notify and Indemnify: You represent and warrant that you are the subscriber and/or the regular user of the telephone number that you provided to us. If at any time you intend to stop using the telephone number that you provided to us, including canceling your service plan or selling or transferring the telephone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the text messages, as a result of claims brought by any individual(s) later assigned that telephone number. This duty and agreement shall survive any cancellation or termination of these Terms and/or the Program.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED OR FROM YOUR PROVISION OF A TELEPHONE NUMBER FOR WHICH YOU ARE NEITHER THE SUBSCRIBER OR USER, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE TELEPHONE NUMBER YOU PROVIDED.

4.6. Prohibited Content: You acknowledge and agree to not send any prohibited content over the text message platform. Prohibited content includes: any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; pirated computer programs, viruses, worms, Trojan horses, or other harmful code; any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.

5. Privacy

5.1 We value and respect your privacy. The personal information that we collect from you in connection with the Program is subject to our Privacy Policy and will be used and disclosed by us for the purpose of administration of the Program, providing you with any rewards or benefits that you redeem under the Program, marketing in connection with the Program, other marketing communications that you have opted in to receive and as otherwise permitted by our Privacy Policy. If you communicate with us via any of your social media accounts, we will use your social media account information only as permitted under our Privacy Policy.

5.2 California Notice of Financial Incentive/Colorado Loyalty Program Disclosures

California residents: Under California law, the Program may be considered a “financial incentive”.

Colorado residents: Under Colorado law, the Program may be considered a “Bona Fide Loyalty Program”.

To view our Notice of Financial Incentive & Non-Discrimination/Bona Fide Loyalty Program, please see our Privacy Policy

6. Program Termination, Cancellation or Modification

6.1. The Program and its benefits are offered at FragranceNet.com’s sole and unfettered discretion. We may terminate, cancel, modify or restrict these Terms and/or the Program or any aspect of it at any time. For any changes to our Terms and/or the Program that may materially affect your ability to use or collect points, we will provide prior notice as a courtesy in advance of such change. However, we reserve the right to make any said changes at our sole and unfettered discretion and with or without prior notice to you, even if any such actions by us may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem earned rewards that had already accumulated.

6.2. If you decide that you no longer want to participate in the Program, whether as a member of Tier 1, Tier 2 or Tier 3, as applicable, you may cancel your membership at any time by contacting our Customer Service team by email at rewards@fragrancenet.com or by telephone at 1-800-PARFUMS (727-3867), Monday through Friday during the hours of 9:00 am and 5:00 pm Eastern Time. Any accrued points and/or unused rewards or benefits will be forfeited and expire immediately upon your membership cancellation.

6.3. We reserve the right, in our sole and unfettered discretion, to terminate any member from the Program for any reason, including but not limited to, a member’s failure to comply with these Terms, the Terms of Use of the FragranceNet.com Site, any suspected abuse of the Program, illegal activity, fraud or other conduct that we may deem in our sole and unfettered discretion to be inconsistent with these Terms and/or the Program.

6.4. If your membership in the Program is cancelled by you or terminated by us, you will lose all accrued points, rewards and benefits in your Program account at the time of such cancellation or termination.

7. Disclaimer of Warranties; Limitation of Liability

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to participate in the Program. To the fullest extent permitted by applicable law, your participation in the Program, and our obligations and liabilities in respect thereto, is expressly limited as follows:

7.1. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY WHATSOVER. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, NEITHER FRAGRANCENET.COM NOR ITS PARENT, SUBSIDIARIES, DIVISIONS, AFFILIATES, AND/OR RELATED COMPANIES, PARTNERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7.2. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FRAGRANCENET.COM NOR ITS PARENT, SUBSIDIARIES, DIVISIONS, AFFILIATES, AND/OR RELATED COMPANIES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY: (A) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE CONTENT OF THESE TERMS, THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM; (B) PERSONAL INJURY, PROPERTY DAMAGE OR LOSS, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM; (C) INTERRUPTION OF BUSINESS; (D) DELAYS OR INTERRUPTION IN ACCESS TO THE PROGRAM; (E) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE SITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (F) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THIRD PARTY SITE(S); (G) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE FRAGRANCENET.COM SITE OR ANY THIRD PARTY SITE(S) ASSOCIATED WITH THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH; (H) DATA NON-DELIVERY, LOSS, THEFT, MISDIRECTION, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (I) EVENTS BEYOND OUR REASONABLE CONTROL.

7.3. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FRAGRANCENET.COM NOR ITS PARENT, SUBSIDIARIES, DIVISIONS, AFFILIATES, AND/OR RELATED COMPANIES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM AND/OR YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY PROGRAM REWARD OR BENEFIT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

7.4. YOU AGREE THAT NO CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATED TO, THESE TERMS, YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. TO THE EXTENT PERMITTED BY LAW, IF YOU HAVE A DISPUTE WITH US REGARDING THE PROGRAM OR ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE REMEDY SHALL BE TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM AND WE SHALL HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.

8. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FRAGRANCENET.COM, ITS PARENT, SUBSIDIARIES, DIVISIONS, AFFILIATES, AND/OR RELATED COMPANIES, PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, VENDORS, MANUFACTURERS AND DISTRIBUTORS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, DEMANDS, CHARGES, COMPLAINTS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES), ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM AND/OR YOUR BREACH OF ANY OF THESE TERMS. WE RESERVE THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY CLAIM SUBJECT TO THIS INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH US IN ASSERTING ANY AND ALL AVAILABLE DEFENSES.

9. Governing Law, Arbitration, No Class Actions

9.1. GOVERNING LAW: The Program and these Terms shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any conflict of law provisions.

9.2. ARBITRATION: YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND FRAGRANCENET.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, DIVISIONS, SUBSIDIARIES, VENDORS, AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE PROGRAM AND/OR TO THESE TERMS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE WEBSITES CONCERN INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT (“FAA”) GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE NEW YORK STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN NEW YORK, OR IN THE CITY NEAREST TO YOUR PRINCIPAL PLACE OF RESIDENCE WHERE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) HAS AN OFFICE. THE ARBITRATION SHALL BE ADMINISTERED BY AAA IN ACCORDANCE WITH TITLE 9 OF THE U.S. CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.

9.3. NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU OR WE MAY HAVE IN CONNECTION WITH OR RELATED TO THE PROGRAM, AND/OR TO THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE PROGRAM AND/OR TO THESE TERMS.

9.4. NOTICE TO NEW JERSEY RESIDENTS. If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section 7.3 above, the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind and the limitation of liability for lost profits, damage, loss or injury (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code or New Jersey Consumer Fraud Act; (b) in Section 7.3 above, application of the limitations of liability to the recovery of damages that arise under contract, tort or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (c) in Section 8 above, the requirement that you indemnify FragranceNet.com (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (d) in Section 9.1 above, the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

10. Customer Service

For information about the Program or your membership, contact our Customer Service team via email at rewards@FragranceNet.com or by telephone at 1-800-PARFUMS (727-3867), Monday through Friday during the hours of 9:00 am and 5:00 pm Eastern Time. Please also visit our FAQs for answers to frequently asked questions about the Program.