FEMAIL CREATIONS ONLINE REWARDS PROGRAM
Terms & Conditions
- You must be an individual person 18 years of age or older to become a Member in the Program. Corporations, partnerships, or any other business entities are not eligible for membership.
- This Online Only Program is available via the Femail Creations Website: https://www.femailcreations.com (the "Website") and applies only to products sold on the Website. You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. Femail Creations is not responsible for your inability to connect to the Internet, log onto the Website or access your Femail Creations Reward Points Account.
- Members must be human: no machines, scripts, or automated services may be used to accumulate Femail Creations Reward Points.
- Membership is limited to one account per person ("Account"). You cannot maintain multiple accounts even if you have multiple email addresses. Any duplicate accounts will be subject to termination, and any Femail Creations Reward Points accumulated therein will be forfeited.
Accrual of Femail Creations Reward Points
- Femail Creations Reward Points is the rewards "currency" of the Program. As a Member, you will have the opportunity to earn Femail Creations Reward Points by purchasing products offered on the Website(a "Purchase"), or as offered and approved as promotions on the Website from time to time ("Promotions"), and/or by participating in questionnaires, surveys or contests ("Contests"). It is your responsibility to comply with the rules specified by each Promotion or Contest. Your eligibility to participate in any given Promotion or Contest, and your compliance with the rules for fulfillment of any given Promotion or Contest, will be determined by Femail Creations in its sole discretion.
- Femail Creations Reward Points cannot be accrued until you are enrolled in the Online Only Rewards Program. Femail Creations Reward Points will not apply for Purchases that occurred prior to your enrollment, unless otherwise indicated by a specific Promotion or Contest, in which case your Account will be credited according to the rules and eligibility of the Promotion or Contest.
- Femail Creations reserves the right to invalidate Femail Creations Reward Points posted to your Account upon notice by Femail Creations that you did not fulfill your obligation under the applicable Promotion or Contest rules.
- Femail Creations, at its sole discretion, determines the number of points to be awarded for any Purchase, Promotion, or Contest. Accordingly, purchases of equal retail value may accrue a different number of Femail Creations Reward Points.
- Not every Purchase on the Website will result in accrual of Femail Creations Reward Points. Redeeming a Gift Certificate will result in accrual of Femail Creations Reward Points when applicable. In some cases, as may be determined by Femail Creations, some Purchases or Promotions may not accrue Femail Creations Reward Points, and will be labeled as such on the Website.
- Once you make an online Purchase or fulfill all applicable requirements for a Promotion or Contest, the designated number of Femail Creations Reward Points specified by that Purchase, Promotion or Contest will be transferred into your Account. In some cases, there may be some delay in the crediting of Femail Creations Reward Points to your Account. You cannot use multiple Promotions for the same Purchase even if the Website appears to allow it. Femail Creations Reward Points will not be usable for 48 hours until Femail Creations receives final full payment for the order in which the Femail Creations Reward Points were accrued.
- Femail Creations Reward Points cannot be combined or used in conjunction with other promotions, coupons, discounts or special offers, except where designated by Femail Creations.
- Cancelled Purchases will result in loss of the applicable Femail Creations Reward Points accrued from that Purchase.
- Purchases returned to Femail Creations for a refund will result in forfeiture of Femail Creations Reward Points accrued from that Purchase.
- Femail Creations will not be responsible for any delay or failure to credit Femail Creations Reward Points to your Account. It is your responsibility to regularly check your Account to ensure that Femail Creations Reward Points transfers have been properly credited and that your Account balance is accurate. If you contend that Femail Creations Reward Points have been earned but not credited, Femail Creations reserves the right to require proof of accrual of such Femail Creations Reward Points from you, including but not limited to copies of receipts or similar documentation verifying any transactions claimed to have been performed. Any claims for Femail Creations Reward Points and proof of accrual of said points must be received by Femail Creations within ninety (90) days after the date such Femail Creations Reward Points were claimed to be earned or they will not be considered.
- Femail Creations reserves the right to audit your account and Femail Creations Reward Point accrual without notice for compliance with the rules set forth in these Program Terms at any time. In the event that the audit reveals discrepancies, you may be subject to forfeiture of your Femail Creations Reward Points if said discrepancies are not resolved.
- Femail Creations is not responsible for changes to, or discontinuance of any Promotion or Contest, or for any effect on accrual of Femail Creations Reward Points caused by such changes or discontinuance.
- Femail Creations is under no obligation to provide Members with a guaranteed number of Femail Creations Reward Points opportunities or advise them of Promotion or Contest offers.
- For additional questions about specific Promotions or Contests, please address inquiries to Femail Creations by telephone at 800-996-9223 or via email to rewards@FemailCreations.com.
Account Access and Password
- When you enroll for membership at the Website, you will be asked to enter a password. This will allow you to access your Account to verify accruals of Femail Creations Reward Points, check Account balances, and redeem Femail Creations Reward Points for discounts on merchandise as set forth in the Website (the "Rewards").
- You must be logged into the Website, using your email address and password, in order to access your Femail Creations Reward Points Account. You may check your Account status and recent Femail Creations Reward Points earning history at any time. You may also request receipt of your Account statement via email to rewards@FemailCreations.com.
- Femail Creations is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for maintaining the confidentiality of your email address, password, and account information. Femail Creations is not responsible for any credits or debits made to your Account or for any loss you may incur as a result of any unauthorized person using your email, password or account information. If you forgot your password, you can enter your email address at the Website to update it or contact us by telephone at 800-996-9223 or via email to rewards@FemailCreations.com for assistance.
- Members agree to provide correct and accurate personal identifying information including email address to Femail Creations.
- Keeping your Account information accurate and up to date is very important. You have a continuing obligation to ensure that your information is up to date and accurate at all times. Failure to provide Femail Creations with accurate account information may result in forfeiture of your Femail Creations Reward Points.
Redemption of Femail Creations Reward Points
- Femail Creations Reward Points accrued in your Account can be redeemed for product discounts ("Rewards") at Femail Creations at the time of redemption. Some products may be excluded from Rewards from time to time.
- Redemption requests must be initiated while logged onto the Website, using your email address and password.
- Although Femail Creations will provide an estimated for fulfillment of your redemption request, Femail Creations does not guarantee delivery within the estimated time, and shall not be held responsible for any failure to deliver within the time designated.
- Femail Creations is not responsible for changes to or discontinuance of any Reward, or for any effect on or devaluation of Rewards caused by such change or discontinuance. Members should not rely upon the continued availability of the Program or any Reward or Reward level. Femail Creations is not responsible for replacement of any discontinued or changed Reward.
- Shipping and Taxes Charges do not apply to Rewards unless otherwise specified by Femail Creations.
- Once the Member redeems Femail Creations Reward Points for Rewards, the appropriate number of Femail Creations Reward Points will be deducted from the Member's Account. Under no circumstances will Rewards be refunded or exchanged for Femail Creations Reward Points or cash, nor will Femail Creations Reward Points be restored to the Member's Account once a Member claims a Reward. All redemptions are final.
- Redemptions made with fraudulently accrued Femail Creations Reward Points will be charged to your credit card at full value.
- Femail Creations is not responsible for any product warranties relating to Rewards. Please review the manufacturer’s warranty on any Rewards when redeeming Femail Creations Reward Points.
- Femail Creations Reward Points have no cash value and are not redeemable in the event the Program is terminated, or if Femail Creations ceases to do business or is sold, assigned, declared bankrupt or a receiver is put in place.
- Femail Creations Reward Points cannot be combined or used in conjunction with other promotions, coupons, discounts or special offers, except where specifically designated by Femail Creations.
- Femail Creations Reward Points are void where prohibited by law. You shall comply with all laws, rules, and regulations that are applicable to a member of this Program. You acknowledge that you may only participate in the Program if and to the extent that such participation is permitted by such laws, rules, and regulations.
- Femail Creations reserves the right to limit the redemption of specific Rewards and limit the number of Rewards available on any particular promotional offer at any time. For any questions, please address inquiries to Femail Creations at rewards@FemailCreations.com.
Femail Creations Reward Points earned on or after the date of your enrollment (including any
retroactive Femail Creations Reward Points as noted above) shall be subject to expiration 365 days after the date on which said Femail Creations Reward Points accrued. Expired Femail Creations Reward Points will be deducted from your Account. No refunds, credits or extensions will be given for Femail Creations Reward Points that have expired. Visibility to the expiration date is available on your Account Activity Page.
- Femail Creations Reward Points earned, granted or accumulated under the Program may not be assigned or transferred to any other party.
- The sale or barter, assignment, or other disposal of any Femail Creations Reward Points is expressly prohibited.
- Femail Creations Reward Points do not constitute property, and are not transferable: (i) upon death, (ii) as part of a domestic relations matter, or (iii) by operation of law or otherwise.
- Femail Creations Reward Points assigned, sold, or otherwise transferred in violation of the Program Terms will be confiscated or canceled. Any violator of the foregoing restrictions is subject to account termination, deduction of Femail Creations Reward Points from his or her Account, and/or liability for damages and litigation and transaction costs.
Termination or Changes to the Program
- Femail Creations reserves the right to terminate the Program for whatever reason with thirty (30) days notice. This means you will have 30 days from the date of notice to accumulate and redeem Femail Creations Reward Points in your Account before the Program terminates.
- Notification of Program termination will be posted on the Website. Femail Creations will not be held responsible for failing to notify you of Program termination should you fail to check the Website on a regular and frequent basis.
- Femail Creations may at any time and without notice suspend or disable the Website for maintenance, upgrades or other reasons. Femail Creations will not be responsible for Members' inability to redeem or earn Femail Creations Reward Points for the period that the Website is suspended or disabled.
Termination of Membership
- A Member may voluntarily terminate membership in the Program at any time and is effective upon submitting a termination request via email to rewards@FemailCreations.com and the Member receiving confirmation of such termination from Femail Creations. Femail Creations Reward Points accumulated but not redeemed by the Member up to the date of termination will be forfeited. Members may not accrue or redeem Femail Creations Reward Points after the date of termination.
- Membership in the Program terminates immediately upon your death.
- If at any time, you do not accept the Program Terms, or any subsequent Modifications thereto, or become dissatisfied with the Program, your sole remedy is to terminate your participation and membership in the Program.
Disclaimer of Warranties
THE FEMAIL CREATIONS REWARD POINTS PROGRAM IS BEING PROVIDED TO MEMBERS "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FEMAIL CREATIONS EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILILTY, SATISFACTORY QUALITY, N0N-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
FEMAIL CREATIONS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS OR PROMOTIONS FOR ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED IN CONJUNCTION WITH THE PROGRAM NOR DOES FEMAIL CREATIONS ASSUME ANY RESPONSIBILITY FOR INFRINGMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM, OR ANY FRAUD OR OTHER CRIME FACILITATED THEREBY.
IN ADDITION, ALTHOUGH FEMAIL CREATIONS INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE FEMAIL CREATIONS WEBSITE, FEMAIL CREATIONS DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS OR OTHER DESTRUCTIVE MATERIALS. IN ADDITION, FEMAIL CREATIONS DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND FEMAIL CREATIONS ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS OR INABILITY TO ACCESS THIS SITE.
YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE, WRITTEN OR ORAL, GIVEN OR MADE BY OR ON BEHALF OF FEMAIL CREATIONS PRIOR TO THESE PROGRAM TERMS AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS PROVISION, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE.
Limitation of Liability
IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH FEMAIL CREATIONS HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, AN OFFER PARTNER RELATIONSHIP, AN AFFILIATE OR A SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF FEMAIL CREATIONS OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY FEMAIL CREATIONS.
FEMAIL CREATIONS SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, PECUNIARY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY FEMAIL CREATIONS IN ADMINISTERING THE PROGRAM; OR (III) THE USE OR INABILITY TO USE THE WEBSITE OR THE INFORMATION CONTAINED ON THE WEBSITE, EVEN IF FEMAIL CREATIONS OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
FEMAIL CREATIONS IS NOT RESPONSIBLE AND ASSUMES NO LIABILITY FOR CHANGES OR DISCONTINUANCES OF SERVICES OR MERCHANDISE FROM SUPPLIERS, WHICH MAY AFFECT PROMOTIONAL OR CONTEST OFFERS, OR THE ACCRUAL OF FEMAIL CREATIONS REWARD POINTS.
IN NO EVENT SHALL FEMAIL CREATIONS’ TOTAL LIABILITY, EITHER JOINTLY OR SEVERALLY, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE AND/OR PARTICIPATION IN THE PROGRAM, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) EXCEED ONE DOLLAR (US $1.00).
Fraud and Abuse
Fraud or abuse relating to the accrual of points or redemption of Femail Creations Reward Points may result in forfeiture of accrued points as well as the termination of your Femail Creations Account. You are solely responsible for any fraudulent use of your Femail Creations Reward Points that could occur due to the theft of or sharing of your password or e-mail. Femail Creations Reward Points is a service provided to an individual Femail Creations user, not a company. It is considered fraudulent and abusive for any individual or company to direct, encourage, or allow individuals to use a single Femail Creations account for the purpose of accumulating points for company use.
You agree not to abuse the Femail Creations Reward Points Program by conduct which is detrimental to the interests of Femail Creations, including without limitation attempting to accrue Femail Creations Reward Points or spend Femail Creations Reward Points in a manner inconsistent with the rules of or intent of these Program Terms, having multiple accounts, attempting to earn Femail Creations Reward Points through other than legitimate channels, or participating in purchasing or redemption fraud, etc.
Femail Creations reserves the right to terminate or disable, at Femail Creations’ sole discretion, any Program membership if Femail Creations believes you have violated or acted inconsistently with the Program Terms or intent of these Program Terms. You understand and agree disabling of membership will result in your inability to redeem and/or earn Femail Creations Reward Points. You understand and agree termination of membership will result in the cancellation of all of your Femail Creations Reward Points.
Femail Creations shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of Femail Creations Reward Points) shall be final and binding.
Disputes or Errors
All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of Femail Creations Reward Points for accrual or redemption, must be submitted via email within sixty (60) days of the qualifying transaction, to rewards@FemailCreations.com. Femail Creations shall resolve all and any disputes at its sole discretion. In the event that an error is made by Femail Creations, such error shall not constitute a breach of these Program Terms, and your sole remedy shall be the credit of the disputed Femail Creations Reward Points to your Account. All interpretations of Program Terms shall be at the sole discretion of Femail Creations. Femail Creations is solely responsible for the interpretation and application of the policies and procedures communicated in Program Terms and elsewhere to other Program members. All determinations by Femail Creations shall be final and conclusive in each case.
Any controversy or claim arising out of or related to the Program or the Program Terms or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration exclusively in Little Rock, AR, in accordance with the Commercial Arbitration Rules of the American Arbitration Association utilizing a single arbitrator. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or dispute of any other party. The arbitration shall be governed by federal arbitration law and Rules, without reference to state arbitration law. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. You and Femail Creations agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrator shall not have authority to award punitive or exemplary damages against the other party. This arbitration section shall survive termination of the Program or your participation in it.
These Program Terms shall be governed by and construed in accordance with the laws of the State of Arkansas without reference to conflicts of law rules. In the event any claim or controversy is not capable of being arbitrated as required herein, any such claim or dispute shall be brought only in a state or federal court sitting in Pulaski County, Arkansas, and such jurisdiction thereof shall be exclusive. If any provision of these Terms & Conditions is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Femail Creations’ failure to insist upon or enforce strict performance of any provision of the Terms & Conditions shall not be construed as a waiver of any provision or right. Nothing in these Program Terms shall be construed as creating or constituting a partnership, joint venture or agency relationship between Femail Creations and you, or between Femail Creations and its suppliers. Femail Creations’ suppliers shall have no ability to create any obligation on Femail Creations’ behalf. These Program Terms constitute the entire agreement between you and Femail Creations and supersedes all prior understandings, agreements, communications and / or advertising with respect to the Program.
You agree to indemnify and hold Femail Creations, and its respective affiliates, officers, directors and employees harmless from any and all claims, demands, damages, and / or costs incurred in connection with any transaction or activity in which you engage in connection with the Program that violates local laws, rules or regulations.