Healthy U Loyalty Program Terms & Conditions

These terms and conditions are a legal agreement ('Agreement') between you and ("Healthy U") and govern your access to and participation in the Loyalty Program (the 'Loyalty Program'). By enrolling and participating in the Loyalty Program, you accept this Agreement and agree to be bound by each of its terms; agree to be bound by Healthy U decisions regarding questions or disputes concerning the Loyalty Program, which are final and binding; and represent and warrant to Healthy U that: you are at least 18 years of age and have the authority to enter into this Agreement; this Agreement is binding and enforceable against you; and you have read and understand the Loyalty Program Healthy U Privacy Policy (the "Healthy U Privacy Policy"), the terms of which are posted at Privacy Policy and incorporated herein by reference.

1. Loyalty Program Enrollment.

The purpose of this Agreement is to set forth the terms and conditions under which, among other things, you can

  • (i) enroll in the Loyalty Program with Healthy U; and
  • (ii) receive and use certain rewards, discounts and promotional offers from Healthy U (each a “Reward”).

    • You can enroll in the Loyalty Program at a Healthy U location (“Point-of-Sale Enrollment”), or by visiting Healthy U and completing the online enrollment process (“On-Line Registration”). Customers who enroll using Point-of-Sale Enrollment are also encouraged to complete On-Line Registration in order to receive the full range of Loyalty Program benefits and functionality.

    Point-of-Sale Enrollment

  • Point-of-Sale Enrollment occurs at a Healthy U location. During this enrollment process, you will be required to provide a phone number that can be used by Healthy U to identify you as a Loyalty Program member. You may also have the ability to link a credit card or debit card to the Loyalty Program, or be provided with a Healthy U-issued “loyalty card.” Your phone number, linked credit/debit card number, and/or Healthy U loyalty card number, are used by Healthy U to (i) identify you as a Loyalty Program member; and (ii) track your visits and purchases with Healthy U for purposes of determining the Rewards that might be available to you.
  • Once enrolled, you may visit Healthy U to view available Rewards, register credit or debit cards, or un-enroll in the Loyalty Program. Information about your Loyalty Program membership, such as point balance and available Rewards, will also be provided on purchase receipts from Healthy U.

    • On-Line Registration

  • On-Line Registration occurs on-line at Healthy U. On-Line Registration can be used by consumers preferring to enroll on-line, and by those Loyalty Program members who have already enrolled using the Point-of-Sale Enrollment process, but would like to enjoy the full range of Loyalty Program benefits that are available through On-Line Registration. During the On-Line Registration process, you will be required to provide Healthy U with both (i) a phone number that can be used by Healthy U to identify you as a Loyalty Program member; and (ii) your e-mail address. You may also be asked to provide your e-mail address, and your Healthy U-issued “loyalty card” number (if any). Your phone number, e-mail address Healthy U loyalty card number, are used by Healthy U to track your visits and purchases with Healthy U for purposes of determining the Rewards that might be available to you. Your e-mail address will be used by Healthy U to communicate with you about your participation in the Loyalty Program, including Rewards that might be available to you.
  • Once enrolled, you may visit Healthy U to view available Rewards, register additional cards, or un-enroll in the Loyalty Program. Information about your Loyalty Program membership, such as point balance and available Rewards, will also be provided on purchase receipts from Healthy U.

    • The Loyalty Program is operated and maintained on our behalf by our business partner, Gift Management, Inc., a Delaware corporation ("Giift.com"). By registering to the Loyalty Program, you authorize Giift.com to collect, use and share your Personal Information (i) for any of the reasons that Healthy U may share such information under this Healthy U Privacy Policy; and (ii) as described in the Giift.com Privacy Policy.

    2. Rewards.

    Rewards can be earned in several ways, including for participating in On-Line Registration, as well as though purchase activity with Merchant. You can identify yourself as a Loyalty Program member automatically by using a Registered Card to complete a purchase. The Merchant may also issue to you a Loyalty Program loyalty card that will identify you as a Loyalty Program member, and can be presented at Merchant locations to track your purchases and receive Rewards. Alternatively, you can provide Merchant with the phone number you provided during the Point-of-Sale Enrollment or On-Line Registration process. Redemption of Rewards is only available at Merchant locations. Available Rewards, if any, may be used during a purchase transaction with Merchant, or saved for redemption at a later date (subject to any redemption restrictions imposed by the Merchant on the particular Reward). Rewards will be determined in Merchant sole discretion and Merchant reserves the right to change and/or add Reward benefits, at its sole discretion, at any time during the Loyalty Program. Rewards earned in the Loyalty Program may not be used in combination with any other Loyalty Programs, offers or other promotions offered by Merchant or third parties. Rewards will be provided as is with no warranty or guarantee, either express or implied by Merchant. Rewards earned are personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You cannot redeem Rewards for cash. Some Rewards may carry expiration dates. These expiration dates indicate the last date you can redeem the Reward. Any attempted redemption of a Reward not consistent with this Agreement is void.

    3. Modification of Agreement.

    Merchant may amend this Agreement from time to time. Any changes Merchant makes to the Agreement will be effective immediately on posting to healthyu/terms_and_conditions, and you waive any right you may have to receive specific notice of such changes or modifications. You should review this Agreement and check healthyu/terms_and_conditions frequently to ensure you understand the terms and conditions that apply to the Loyalty Program.

    4. Restrictions on Use.

    You shall use the Loyalty Program solely for its intended purposes and shall not use the Loyalty Program for the benefit of any third party except as specifically contemplated under this Agreement.

    5. Term and Termination.

    You can choose to opt-out of the Loyalty Program at any time by sending an e-mail to [email protected].

    Healthy U and Giift.com shall be entitled, at its sole discretion, to suspend, restrict and/or terminate, without notice of any kind, your membership in and access to the Loyalty Program for any reason.

    6. Information Use and Sharing.

    By enrolling in the Loyalty Program, you authorize Healthy U to share your Personal Information to the extent needed to administer the Loyalty Program, and as otherwise set forth in the Healthy U Privacy Policy, which is posted at Healthy U privacy_policy.

    Pursuant to the Healthy U Privacy Policy, Healthy U will share your Personal Information with our payment processor, Elavon, Inc. (Elavon), to track your transactions with Healthy U and to offer you rewards under the Loyalty Program. Please read the Healthy U Privacy Policy carefully to understand how Healthy U collects, uses and discloses information about you.

    7. Indemnity.

    BY PARTICIPATING IN THE LOYALTY PROGRAM, YOU AGREE TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS Healthy U AND Healthy U, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY OR DAMAGES WHICH MAY ARISE OUT OF YOUR PARTICIPATION IN THE LOYALTY PROGRAM OR OUT OF THE ACCEPTANCE, USE, MISUSE OR POSSESSION OF ANY REWARD OR PRODUCTS ATTAINTED THROUGH THE LOYALTY PROGRAM.

    8. Limitation on Liability.

    Neither Healthy U nor Healthy U shall under any circumstances be liable to you for any special, incidental, indirect, punitive or consequential damages arising out of this Agreement, your receipt of any Rewards, the termination of the Loyalty Program, or your use of the Loyalty Program, whether based in contract, tort or any other legal theory.

    9. Force Majeure.

    Neither Healthy U nor Healthy U shall be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond their reasonable control.

    10. Miscellaneous.

    You are responsible for all federal, state and local tax responsibility related to your participation in the Loyalty Program.

    All questions or disputes regarding the Loyalty Program, including without limitation, those involving eligibility, participation, fraud and abuse will be resolved by Healthy U, whose decisions shall be final and binding on Loyalty Program participants.

    Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, or the rights and obligations of you and the Healthy U, in connection with the Loyalty Program, shall be governed by, and construed in accordance with, the laws of the MO, without giving effect to any choice of law or conflict of law rules (whether of the MO, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than MO. You hereby consent to exclusive jurisdiction and venue in MO and agree not to raise any defense of forum non conviens or any similar defense.

    The failure of Healthy U to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

    While it is Healthy U's objective to make the Loyalty Program accessible at all times, the Loyalty Program, and its website, may be unavailable from time to time for any reason including, without limitation, because of a service interruption or for routine maintenance. In addition, various portions of the website may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of Healthy U, the availability of the Loyalty Program, and access to the Loyalty Program website, may be interrupted, suspended or terminated from time to time. You agree that Healthy U shall not be liable for any damages arising from any such interruption, suspension or termination of the Loyalty Program or its website.

    This Loyalty Program is void where prohibited by federal, state, or local law.

    11. Contact.

    This Loyalty Program is powered by Giift.com.

    If you have any questions, complaints, or claims with respect to the Loyalty Program, you may contact us at [email protected].