This Membership Agreement is an agreement between you (“Member” or “you”) and Facets Fine Jewelry, L.L.C. d/b/a J.B. Hudson ( “JB Hudson”) and sets forth the terms and conditions of JB Hudson’s customer loyalty rewards program (the “JB Hudson Rewards Program”). Collectively, the offerings, promotions, Member services and access to your JB Hudson Rewards Program Member account (“Account”) constitute the whole of the JB Hudson Rewards Program. Please carefully read this Agreement before activating your Account.
You must activate an Account to participate in or to gain access to the JB Hudson Rewards Program, including any or all JB Hudson Rewards Program offerings, promotions and the like. To activate an Account, you must complete a membership enrollment form, then read and agree to the terms of this Agreement. Your membership is contingent upon continuous adherence to the terms and conditions, as well as any and all future modifications, provided in this Agreement.
You must be an individual, a resident of the United States or Canada and 18 years of age or older.
No machines, scripts or automated services may be used to accumulate any financial benefits derived from the use of JB Hudson Points.
Each Member may maintain only one individual Account.
Resellers may not participate in the JB Hudson Rewards Program.
As a Member, you must provide JB Hudson with valid contact information, including your unique and valid e-mail address, and keep JB Hudson informed of any changes to your contact information. You agree to receive operational communications about the JB Hudson Rewards Program, as well as advertising and marketing material from JB Hudson. JB Hudson reserves the right to terminate WITHOUT PRIOR WARNING any duplicate Accounts, resulting in the potential loss of accumulated JB Hudson Points. JB Hudson reserves the right to terminate WITHOUT PRIOR WARNING the Account of any Member who construes his or her Account so as to intentionally impersonate another Member. JB Hudson reserves the right to terminate WITHOUT PRIOR WARNING any Member’s Account that contains untruthful information.
JB Hudson Rewards Program memberships are valid for one year from the date of activation and are automatically renewed for subsequent one year terms on the anniversary date of each subsequent year.
You will be credited, subject to the terms and conditions enumerated in this Agreement, with points (“JB Hudson Points”) in an amount equal to 2% of the amount you spend on qualifying purchases that you make at JB Hudson (see “Qualifying Purchases” below). JB Hudson may offer opportunities to earn additional JB Hudson Points from time to time in its sole discretion. You must provide your email address, Account number or other identifying information at the time of purchase to earn JB Hudson Points. JB Hudson Points will post to your Account within 31 days from the qualifying purchase date, delivery date or shipment date. JB Hudson Points will be earned by only one Member per transaction. JB Hudson Points have no cash value. You cannot transfer your JB Hudson Points to anyone else, including upon death or as part of a domestic relations matter; they may be used only by the Member to whom they were issued. Your JB Hudson Point balance may not be negative. In the event any merchandise is returned to JB Hudson for store credit or refund and the resulting JB Hudson Point balance is calculated as a negative total as a result of a prior redemption, the value of that balance will be deducted from the Member’s credit or refund.
JB Hudson will determine in its sole discretion what constitutes a qualifying purchase. The following items are considered non-qualifying purchases for which JB Hudson Points will not be awarded, which list JB Hudson may modify from time to time in its sole discretion: sales tax, gift wrapping fees, shipping charges, restocking fees, commercial purchases, purchases made for resale, promotional credits, purchases made with a gift card, cancellations, insurance, transaction fees and certain items that are excluded in particular promotions. JB Hudson may offer discounts on its products and services in the form of coupons or premiums that you can order in lieu of JB Hudson Points. Other exclusions may apply.
You may redeem your JB Hudson Points at JB Hudson (subject to the terms of this Agreement) for a discount off purchase amounts equal to or greater than the value of the JB Hudson Points presented for redemption, excluding non-qualifying redemptions (described below), and provided that 10,000 JB Hudson Points is the minimum amount that may be redeemed towards any transaction. One JB Hudson Point is equivalent to $.01 only when redeemed for purchases made at JB Hudson in accordance with the terms of this Agreement. A transaction may be for single or multiple item purchases. All other uses of JB Hudson Points are considered illegitimate, and JB Hudson will neither honor such uses, nor credit JB Hudson Points from your Account towards the financial obligations that you may incur from such transactions. Redeemed JB Hudson Points are not reversible or refundable, except as specifically provided below. Merchandise purchased with JB Hudson Points may be exchangeable, according to JB Hudson’s standard return policy. If an item purchased for which JB Hudson Points were earned is returned, JB Hudson Points will be deducted from your Account in an amount equal to the number of JB Hudson Points earned for the applicable purchase. If an item purchased with JB Hudson Points is returned, at JB Hudson’s sole discretion, JB Hudson Points may be added back to your Account in an amount equal to the number of JB Hudson Points used for the applicable purchase in lieu of any cash or credit refund.
The following items are considered non-qualifying redemptions for which JB Hudson Points may not be redeemed: prior purchases, sales tax, gift wrapping fees, shipping charges, restocking fees, commercial purchases, purchases made for resale, purchase of gift cards, insurance, transaction fees and certain items that are excluded in particular promotions. Other exclusions may apply.
JB Hudson will not be liable for any losses that you experience because the JB Hudson Rewards Program or its underlying technology is not operational or accessible to you, other Members or other individuals. JB Hudson does not make any expressed or implied representation or warranties to you regarding the accuracy, reliability or availability of or other operations related to the JB Hudson Rewards Program, or that your access to your Account will be uninterrupted or error-free. JB Hudson is not responsible for injury or damage to Members’ or to any other person’s computers related to or resulting from participating in the JB Hudson Rewards Program or from downloading materials from JB Hudson’s web site. JB HUDSON EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow limitations on or disclaimers of certain warranties, so some of the above may not apply to you.
JB Hudson reserves the right to terminate the JB Hudson Rewards Program at any time with notice via the e-mail address that you will have provided to JB Hudson at the time of your membership registration (or, alternatively, to an updated e-mail address of which you have given JB Hudson notice, or by mail to the address you have provided to JB Hudson). Members will have 30 days after JB Hudson sends such notice to redeem any JB Hudson Points held in each Member’s Account, subject to the terms of “Redeeming JB Hudson Points” above. JB Hudson will not be responsible for failing to notify you successfully of JB Hudson Rewards Program termination when such failure is caused by an error in your e-mail program or on your e-mail server, or if you have provided JB Hudson with an inaccurate e-mail or mailing address, or if you fail to check for your e-mail online, or if you fail to inform JB Hudson of a change in your e-mail or mailing address.
In the event that a Member has no activity on his or her Account (accumulation or redemption) for a period of three consecutive years, JB Hudson reserves the right to close such Member’s Account, and any JB Hudson Points accumulated shall be forfeited by such Member.
Membership may be cancelled at any time by sending notice of withdrawal from the JB Hudson Rewards Program in writing by mail to JB Hudson at 901 Nicollet Mall, Minneapolis, MN 55402 or by email to firstname.lastname@example.org. A Member shall have 30 days following such Member’s voluntary withdrawal from the JB Hudson Rewards Program to redeem all JB Hudson Points remaining in his or her Account, subject to the terms of “Redeeming JB Hudson Points” above. After such 30 day period has expired, the Member’s Account shall be closed, the Member shall no longer have access to his or her Account, and any JB Hudson Points remaining in the Member’s Account shall be forfeited.
If you are found to have used, or to have attempted to use, any part of JB Hudson’s infrastructure, web site or technology for illegitimate purposes, including but not limited to tampering, hacking, spoofing, using robots or scripts, copying, distributing, spamming, modifying or otherwise corrupting the administration, security or proper function of any part of the JB Hudson Rewards Program, then you will forfeit without compensation all accumulated JB Hudson Points. Additionally, your membership in the JB Hudson Rewards Program will be terminated immediately, and you will be prohibited from all future participation in the JB Hudson Rewards Program. If appropriate, you also will be prosecuted to the fullest extent that the law permits as a result of any damages to JB Hudson.
If you refuse or fail to abide by any of the terms and conditions of this Agreement, JB Hudson may cancel your membership privileges immediately, including, but not limited to, cancelling all of your accumulated JB Hudson Points.
JB Hudson may, in its sole discretion, terminate your membership in the JB Hudson Rewards Program for any reason, with or without cause, and with or without explanation. All limitations on liability and rights of JB Hudson under this Agreement shall survive any such termination.
All materials related to the JB Hudson Rewards Program, unless otherwise stated, are the exclusive property of JB Hudson. JB Hudson retains all rights to all JB Hudson web site design, text, graphics and the selection and arrangement thereof, as well as all software and other implemented technologies owned by JB Hudson. Any unauthorized copying or publication of the JB Hudson Rewards Program or any subject matter associated therewith will constitute an infringement of JB Hudson’s rights under applicable law, and you will be subject to all of the damages and other penalties available under those laws, including criminal prosecution where available.
“JB Hudson” is a trademark of JB Hudson. All related trademarks, logos, service marks and trade names are proprietary and are owned and controlled by JB Hudson. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of such trademarks, logos, service marks or trade names without the prior express written consent of JB Hudson.
JB HUDSON SHALL NOT BE LIABLE TO A MEMBER FOR ANY LOST PROFITS, LOST DATA OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF JB HUDSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND OTHER TORTS. THE LIMITED WARRANTY AND LIMITED LIABILITY PROVISIONS CONTAINED IN THIS AGREEMENT ARE FUNDAMENTAL PARTS OF THE BASIS OF THE BARGAIN HEREUNDER, AND JB HUDSON WOULD NOT AGREE TO PROVIDE THE SERVICES TO ANY MEMBER ABSENT SUCH LIMITATIONS.
(a) Governing Law; Jurisdiction: This Agreement shall be governed by and construed under the laws of the State of Minnesota as between Minnesota residents and without reference to conflict of laws principles. No action, regardless of form, arising out of this Agreement may be brought by either party more than one year after the cause of action arises, with the exception of violation of JB Hudson’s proprietary rights in software or confidential information. The United Nations Convention on the International Sale of Goods shall not apply to this Agreement or the subject matter hereof. Upon JB Hudson’s request, each Member agrees to submit to the jurisdiction and venue of a court in Minneapolis, Minnesota.
(b) Arbitration: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved by either a small claims action or by binding arbitration in Minneapolis, Minnesota, USA, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The parties agree not to file any action of any kind in any court other than small claims except as necessary to obtain a judgment upon an award rendered by an arbitrator pursuant to this paragraph. The parties specifically agree that no party is entitled to injunctive relief of any kind from any court and that the Commercial Arbitration Rules of the American Arbitration Association contain adequate provisions for any interim relief that any party will ever need in any dispute concerning any and all dealings between JB Hudson and any Member. Further, in any such dispute, under no circumstances will any Member be permitted to obtain awards for, and each Member hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs directly associated with such Member’s participation in the JB Hudson Rewards Program). Each Member further waives all rights to have damages multiplied or increased.
(c) Assignment and Binding Effect: Members may not transfer or assign directly or indirectly their rights or obligations under this Agreement. JB Hudson may assign any or all of its rights or obligations hereunder without the consent of any Member. Subject to the foregoing sentences, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. Any assignments in violation of this paragraph shall be null and void.
(d) Force Majeure: Except for payment obligations, nonperformance of JB Hudson shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts, orders or restrictions, failure of suppliers, acts of God or any other cause beyond the reasonable control of JB Hudson.
(e) Waiver: The failure of JB Hudson to exercise any right given to it by or to insist upon strict adherence to the terms of this Agreement shall not constitute a waiver of any terms or conditions herein with respect to any other or subsequent breach.
(f) Participation: If local laws prohibit your participation in any part of the JB Hudson Rewards Program, including membership, then you are responsible for complying with such laws, and your JB Hudson Rewards membership and this Agreement or relevant portions thereof will be void where prohibited by such laws.
(g) Taxes: Taxes may apply where required by law.
(h)Severability: If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and all other provisions contained herein will remain in full force and effect.
JB Hudson reserves the right, at JB Hudson’s sole discretion, to modify any part of the JB Hudson Rewards Program or this Agreement at any time by changing this Agreement or other information on our web site, as well as statements in our disclaimers or other content of our web site, at any time WITHOUT PRIOR WARNING to Members. It is entirely the responsibility of each Member to fully apprise himself or herself immediately of any and all changes instituted in the JB Hudson Rewards Program, or other knowledge or statements presented on the JB Hudson web site or via email. Upon any changes to this Agreement, each Member, having informed himself or herself immediately of the changes to this Agreement, must decide whether to maintain his or her Membership in the JB Hudson Rewards Program. If the Member disagrees with the modified terms of this Agreement, his or her sole recourse is to withdraw from the JB Hudson Rewards Program entirely and promptly in the manner described above in “Membership Expiration, Cancellation and Termination.”
By completing the online enrollment form and clicking on the agreement check box in that form, by completing, signing and submitting a written enrollment form at a JB Hudson location or by using the JB Hudson Rewards Program, you are indicating that you are 18 years of age or older, that you have entirely read, understand and completely agree to abide by all of the terms and conditions set forth in this Agreement and that you agree to be inexorably bound by the terms and conditions of this Agreement, as permissible under applicable law.