Effective Date: June 1st, 2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE MELLOW FAM CLUB LOYALTY PROGRAM. YOUR PARTICIPATION IN THIS PROGRAM CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS, THE MELLOW FELLOW WEBSITE TERMS OF USE, 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, THE TERMS OF USE OR OUR PRIVACY POLICY, DO NOT PARTICIPATE IN THIS PROGRAM.
1. PROGRAM ELIGIBILITY AND MEMBERSHIP
The Mellow Fellow Fam Club Referral and Loyalty Program (“Fam Club”, “Mellow Fam Club” or the “Program”) is a four tiered loyalty and rewards program, with a basic Tier One (the “Hemp Heroes”), a Tier Two (the “Cannasseur”), a Tier Three (the “Finest Fellows”) and a Tier Four (the “Mellow Masters”), which is offered at the sole discretion of Mellow Fellow LLC. (“Mellow Fellow”, “we”, “our” or “us”). There is no purchase, payment or credit card required to sign up for, join and/or participate in the basic Tier One of the Program. Members in the basic Tier One have the option to advance to Tiers Two, Three or Four based upon the accumulation of total spend, which is earned through qualifying purchases and participation in program activities. To achieve a particular tier status, you must achieve the following purchase thresholds:
Tier One = 0 - $499
Tier Two = $500 - $999
Tier Three = $1000 - $1,999
Tier Four = $2,000 and above
Your tier status will reset on a rolling 12 consecutive month basis, which 12 consecutive month basis is determined by your initial date of sign-up for the Program, and any accrued points and/or unused rewards in your account at the time of such reset will be expired. Should your purchasing total diminish during that 12 month consecutive basis, you will be reset to the tier below your current tier. By way of example, if you signed up for the Program on April 1, 2022, your Tier status would reset on March 31, 2023, and if your purchases were no longer at the level of your current tier, you would be moved down one tier.
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 twenty-one (21) years of age or older. We do not request or collect any personally identifiable information from any individuals who we know to be under the age of twenty one,or any individuals under the legal age of majority in the jurisdiction they reside (“Minimum Age”). Persons under the age of twenty-one (21) are not eligible for participation in the Program. The Program is available only to individuals for their personal use and is limited to one (1) account per individual. Employees of Mellow Fellow and its subsidiaries, affiliates and divisions are eligible to participate in the Program only for personal use. The Program is void where prohibited or restricted by law.
By joining the Program and becoming an Fam Club member, you agree that you have read, understood and agree to be bound by these Fam Club 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. 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, related FAQs, or any other relevant policies or terms and conditions, they will be posted on the website at www.MellowFellow.fun 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. In the event of any conflict between these Terms and any other terms or policies incorporated herein by reference, these Terms shall govern as applicable to the Program.
2. PROGRAM ENROLLMENT
2.1. Eligible individuals may enroll in the Program by visiting www.mellowfellow.fun/pages/rewards. Follow the Program prompts to enroll by creating an online account. It is free to sign up for an account and to enroll in the basic Tier One of the Program. There is no requirement to make any payment or purchase or to provide any credit card information to sign up for a Program account and to enroll in the basic Tier One of the Fam Club Program.
2.2. To enroll in the Program, you may be required to provide any or all of the following: your first and last name, valid email address, and telephone number. 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 through your online account or by contacting customer service at info@mellowfellow.fun, Monday through Friday (excluding holidays), between the hours of 9:00 AM to 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 submitted 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 to be used towards rewards based on participation in Program actions, such as but not limited to, creating your Fam Club account, sharing your birth date, following us on Social Media, having a birthday or account anniversary, and making a qualifying purchase. Program actions may be subject to change in our sole discretion and may be subject to limitations or restrictions. 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, 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 to learn more about how to earn rewards and the benefits available to each Tier status.
3.2. To earn Program points and any associated rewards/benefits for a Qualifying Purchase made online , you must be logged into your Fam Club account at the time of purchase. Points cannot be earned retroactively for online orders that have already been completed prior to logging into your Fam Club account; rewards/benefits cannot be earned or redeemed retroactively for online orders that have already been completed prior to logging into your Fam Club account. Program points earned for online Qualifying Purchases will be pending until your order ships, at which point your points will be issued to your Fam Club account. You can check for your available awards online at any time through your Fam Club account. Please allow approximately 14 days after a Qualifying Purchase for your Fam Club account to update to reflect your rewards earned.
3.3. If you return an item from a Qualifying Purchase for a refund to your original method of payment, the accumulated points in your Program account will be adjusted in an amount equal to the points originally earned for that purchase. In the case of a multi-item purchase, which results in a partial return, the accumulated points in your Program account will be reduced in an amount equal to the points originally earned and attributable to the refunded items when first purchased. If the item is instead exchanged, the points earned will remain. Points credited to your account will be decreased or reversed, as applicable, if all or part of your Qualifying Purchase is canceled or if a credit refund is obtained through fraudulent or other activity that violates these Terms.
3.4. Program points, benefits and/or rewards 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 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.
3.5. Rewards available through the Program are for personal use only and may not be sold or resold. We reserve the right, without notice, to cancel or reduce the quantity of any reward available through 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.
3.6. We are not responsible for rewards that may be lost or redeemed as the result of any fraudulent activity.
3.7. We reserve the right to determine the rewards in any Fam Club member's account based upon our internal records related to such member's account. A member's rewards shall be deemed correct and accurate as reflected in our records and our good faith determination of the amount of rewards available to any member shall be final and binding.
If you have concerns regarding your Fam Club account activity, including, by way of example and not limitation, rewards earned for a Qualifying Purchase that have not been properly applied to your Fam Club account, please contact our customer service team by email at info@mellowfellow.fun, Monday through Friday, between the hours of 9:00 AM to 5:00 PM Eastern Time.
4. COMMUNICATIONS
4.1. By enrolling in the Program, you will be automatically subscribed to receive marketing from Mellow Fellow, including Program-related communications.
4.2. Promotional Email Consent: You may opt out of receiving marketing emails from Mellow Fellow at any time by clicking the “unsubscribe” link in the email to manage your preferences.
4.3. Promotional Text Message Consent: If you do not wish to receive text messages, you agree to reply STOP or UNSUBSCRIBE to any mobile message from Mellow Fellow or sent on behalf of Mellow Fellow in order to opt out of the promotional text message program. You may receive an additional text message confirming your decision to opt out. You understand and agree that the foregoing options are reasonable methods 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.
4.4. Duty to Notify and Indemnify: You represent and warrant that you are the subscriber and/or the regular user of the mobile telephone number that you provided to us. If at any time you intend to stop using the mobile telephone number that you provided to us, including canceling your service plan or selling or transferring the mobile 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 mobile 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 mobile telephone number without notifying us of such change, 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 mobile 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, AND HOLD US HARMLESS FROM ANY CLAIM DEMAND, DAMAGES, PENALTIES, FINES, COSTS, AMOUNTS PAID IN SETTLEMENT, LIABILITIES, OBLIGATIONS, TAXES, LIENS, LOSSES, EXPENSES, FEES AND COURT COSTS AND REASONABLE ATTORNEYS’ FEES AND EXPENSES RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED OR FROM YOUR PROVISION OF A MOBILE 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 MOBILE TELEPHONE NUMBER YOU PROVIDED.
4.5. 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 (“HITECH” Act); and any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
5. PRIVACY
We respect your privacy and take reasonable steps towards protecting your privacy online and managing your information responsibly. 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.
California and Colorado residents: Under California law, the Program may be considered a “financial incentive”. Under Colorado law, the Program may be considered a “Bona Fide Loyalty Program”. To view our Notice of Financial Incentives & Non-Discrimination/Bona Fide Loyalty Program.
6. PROGRAM TERMINATION, CANCELLATION OR MODIFICATION
6.1. The Program and its benefits are offered at Mellow Fellow's sole discretion. We may terminate, cancel, modify or restrict these Terms and/or the Program or any aspect of it at any time, in our sole 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 the basic Tier One, Tier Two, Tier Three or Tier Four, as applicable, you may cancel your membership at any time by contacting our customer service at info@mellofellow.fun. Cancellation of membership includes
6.3. We reserve the right, in our sole 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 Mellow Fellow Website, any suspected abuse of the Program, illegal activity, fraud or other conduct that we may deem to be inconsistent with these Terms and/or the Program.
6.4. If your membership in the Program is canceled by you or terminated by us, all Program benefits and unused rewards will be forfeited and you will lose all accrued points and unused rewards and benefits in your Fam Club account immediately at the time of such cancellation or termination. Notwithstanding the above, promotional coupon codes that are (1) unused and (2) not expired, are still valid.
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 HEREBY 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 WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, NEITHER MELLOW FELLOW NOR ITS SUBSIDIARIES, AFFILIATES, 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 MELLOW FELLOW NOR ITS SUBSIDIARIES, AFFILIATES, 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 THIS 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 THIS SITE OR THIRD PARTY SITE(S), (G) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE MELLOW FELLOW 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 MELLOW FELLOW NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, OR PERSONS OR ENTITIES WHICH THE SAME ARE IN PRIVITY WITH AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, 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, EXCEPT AS SET FORTH IN SECTION 7.3 ABOVE.
8. INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MELLOW FELLOW, ITS SUBSIDIARIES, AFFILIATES, 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 (i) YOUR PARTICIPATION IN THE PROGRAM, (ii) YOUR REDEMPTION OR USE OF ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM, AND/OR (iii) 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
The Program and any dispute arising out of or in connection with the Program including these Terms shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any conflict of law provisions.
10. NOTICE TO NEW JERSEY RESIDENTS
If you are a consumer residing in New Jersey, the following provisions of this 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 Mellow Fellow (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).
11. CUSTOMER SERVICE
For information about the Program or your membership, contact our customer service team via email at info@mellowfellow.fun.
