Rewards Program Terms & Conditions
In order to participate in the Hero Arts Rewards Program, you agree to the terms listed here, as well as the Hero Arts website Terms and Conditions
. Please also review the Hero Arts Rewards
landing page for program details, and Frequently Asked Questions (FAQs
) for additional program explanations. If you do not agree with what is stated in any of these, do not participate in this program.
1. SIGN-UP CONDITIONS
1a. Hero Arts Reward (“Program”) is offered at the sole discretion of Hero Arts Rubber Stamps, Inc. The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. The Program is avaialble to individuals who are legal residents of the United States (including its territories and possessions). Non-United State residency may also participate although some aspects of the Program will not apply. You must be least 13 years or older. If you are between the age of 13 and the age of majority in your state of residence (“eligible minor”), you may only participate in the Program with the consent and supervision of your parent or legal guardian. This Program is not targeted at children or intended for use by anyone under the age of 13.
1b. No purchase is necessary to join the Program.
1c. By signing up for this Program and becoming a Program member, you agree that you have read, understood and agree to be bound by these Terms and Conditions (“Terms”) and by any changes or modifications we may make, which we can do so at our discreation anytime.
1d. The Program is void where prohibited by law.
1e. This Program is only available on heroarts.com and certain benefits are only offered within the United States where indicated.
2. PROGRAM ENROLLMENT
2a. Eligible individuals may enroll in our Rewards Program by visiting https://www.heroarts.com
(collectively, the “Site”) and follow the Program prompts to register.
2b. You are required to provide your full name and email address in order to enroll and thus membership is only available to those who provide and maintain a valid email address. If you enroll at the Site, you must also create a password in order to enroll if you want your information saved. In order to access certain benefits and rewards, you will need to provide us with your birthday, but birthday is not mandatory. You will also have the opportunity to provide us with your mobile phone number and mailing address, but this information is optional. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site in the Account area (a person icon in the top bar of the Site).
2c. Only one reward account may be associated with a single member and a single email address. In the event of a dispute over the identity of the member, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment.
3. PROGRAM BENEFITS
3a. The Rewards Program is a way in which we celebrate and thank our wonderful Hero Arts customers. For every dollar spent on the Hero Arts Website (heroarts.com), you will receive 1 reward point, which expire after 1-year if not used. There are also other ways to earn points and other benefits that you can read about on the Program Rewards landing page
and in the FAQs
3b. For your eligible purchase to qualify for the Program, you must be enrolled in the Program and you must provide your Program member identification at the time of purchase by logging into your account on the Site. To earn rewards and benefits, your purchase must be made on qualifying products and services. Qualifying purchases include regular priced merchandise and services, and exclude gift cards, sales tax, state fees, shipping charges, delivery charges and other excluded charges and/or purchases as specified by us from time-to-time, including, but not limited to, certain charitable products where funds are donated to certain charitable organization, value sets, select premium products and services, and other specified products.
3c. Neither accounts nor rewards may be shared or combined. Only the member paying for the products may accumulate benefits and rewards. We reserve the right to close additional or duplicate accounts at any time.
3d. Benefits and rewards earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances credited to your Program account will be decreased or reversed, as applicable, if all or part of the purchase is returned or cancelled, or if the credit is obtained through fraudulent or other activity that violates these Terms as determined by us in our sole discretion. We are not responsible for rewards lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen or otherwise destroyed. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned under the Program are the responsibility of the member.
3e. We reserve the right to change Program benefits, how you unlock each Program tier (if any), and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof.
3f. If you have concerns that a purchase or other activity was not properly applied to your account, contact Customer Service at firstname.lastname@example.org
3g. Rewards can only be redeemed on the Hero Arts Site. Purchases made in stores, specialty stores, web stores are not eligible for this Program.
3h. Rewards cannot be exchanged or returned for another product or service, or a monetary refund.
3i. The products and services available through the Program and any samples that we may provide to you are for personal use only. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.
4. OPT-IN COMMUNICATION
4a. By enrolling in the Program, you will be automatically subscribed to receive and consent to receiving Program related emails. If you opted in for SMS communication, there may be SMS Program information send as well.
4b. You may opt-out of receiving Program marketing emails at any time, but operational emails will still be sent to you as they relate to your membership in the Program, and you consent to their receipt. Examples of these include, but are not limited to, a redemption confirmation email, a profile update email, or other communications that relate to your account. If you terminate your Program membership, you will no longer receive Program-related communications.
5. TERMINATION AND MODIFICATION
5a. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Terms and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.
5b. We reserve the right, at any time, in our sole discretion to: (1) exclude you from participation in the Program; (2) discontinue your participation in the Program; and/or (3) suspend or audit your membership account for any amount of time without prior notice.
5c. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out in your account on the Site).
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR REWARDS PROGRAM, PRODUCTS, SERVICES, OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY PRODUCTS WILL BE DELIVERED BY ANY SPECIFIC DEADLINE. WE DO NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS, SERVICE, OR SITE WILL BE ACCURATE OR RELIABLE OR YOUR DESIRED RESULTS. YOU AGREE THAT FROM TIME TO TIME, WE MAY REMOVE PRODUCTS OR SERVICES FOR INDEFINITE PERIODS OR CANCEL THE SERVICE AT ANY TIME WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR PRODUCTS AND SERVICE IS AT YOUR SOLE RISK AND YOU WILL BE RESPONSIBLE FOR ANY THIRD PARTY TO WHOM YOU TRANSFER OR ALLOW TO USE THE PRODUCT. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL HERO ARTS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST GOODWILL, LOST BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF USE, LOSS OF INCOME, REPLACEMENT OR COVER COSTS, OR ANY SIMILAR DAMAGES (COLLECTIVELY, “LOSSES”), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PRODUCTS, SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE FROM HERO ARTS, EVEN IF ADVISED OF THEIR POSSIBILITY AND EVEN IF ALL OTHER REMEDIES HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT, OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
7a. You agree to indemnify, defend and hold harmless Hero Arts and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (collectively, “Hero Arts Parties”), harmless from any Losses claimed by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, your violation of any applicable law or the rights of a third-party, or your negligence, willful misconduct or fraud.
8. GOVERNING LAW AND DISPUTES
8a. This Program and these Terms will be governed by and construed under the substantive laws of the State of California, as if they were a contract wholly entered into and wholly performed within California and without reference to conflict-of-laws considerations.
8b. ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN CALIFORNIA AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
8c. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
9a. We value your privacy and take it very seriously. We don't like spam or unrequested communication and we strive to do our best to honor you and your desires for privacy.
which includes our Financial Incentive Notice.
If you have any questions or need further clarification, do not hestiate to contact us at email@example.com
, 510-232-4200 or write us at Hero Arts, 1200 Harbour Way South, Suite 201, Richmond, CA 94804