MEMBER PROGRAM
These terms and conditions (these “Terms” or this “Agreement”) govern the G Suite Membership (“Membership”), the Membership (“Rewards”). The Membership, which is a loyalty program brought to you by Gelato Dispensary ownership (“us” “our” or “ours”). Purchase and/or use of any Membership at any time subjects the purchaser or user (“you,” “your,” “yours,” “Member”, “Rewards Member”, or “Member”) to the provisions of this Agreement, as amended periodically. The Membership Program is valid only with respect to your qualifying activity at stores owned and operated by us. Qualifying activity is defined as any of the following: transactions using the Membership (including payment of the Membership fee); signing into the Member’s account; or updating the Member profile. The Membership Program is not valid for any purchases made at stores or websites not owned or operated by us.
BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 12, (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 12, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND US WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.
PROGRAM BENEFITS.
G SUITE MEMBERSHIP: $29.00 monthly fee or $299 for 12 months.
Upon selecting G Suite Membership, your account will remain active unless otherwise cancelled by you (see Section 6 below) or terminated by us in our sole discretion (see Sections 7 and 8 below),
Benefits:
• 2.5% off all cannabis purchases made only at Gelato Retail Stores (“Everyday Member Discount”).
• 10% off merchandise purchases made at Gelato Retail Stores and at GelatoDrip.com.
• Free Standard Shipping with no minimum purchase on purchases made on Gelatodrip.com and on ship-to-home orders placed at Gelato Retail Stores.
• One (1) Gelato T-Shirt for each year of Membership. Members are eligible to receive a T-shirt upon initial payment of the Membership fee, and thereafter shall be eligible to receive a T-Shirt for each one-year anniversary date of continuous 12 months payment of the G Suite Membership fee. The T-Shirt must be picked up at any Gelato Retail store.
• Exclusive monthly member appreciation sweepstakes, giveaways, and/or prizes.
• Frequent special offers and promotions that are exclusive for G Suite members.
• Early and exclusive access to special events.
Certain Conditions:
• The Everyday Member Discount may be available on products featured on certain designated promotions or sales, or on purchases
• The 10% Member Discount is applied to the sale price and all promotions.
• Where applicable, the Everyday Member Discount will be applied after all other eligible discounts and deductions are applied, except for coupons and Rewards or where otherwise stated. Coupon and Reward discounts will be applied after the Everyday Member Discount.
• The Everyday Member Discount cannot be used in conjunction with any coupons or in conjunction with employee discounts, or any corporate, institutional, or prearranged group discounts, unless specifically stated.
MEMBERSHIP FEE.
Membership fees are inclusive of local and state taxes. We reserve the right in the exercise of our sole discretion to change the Membership fee at any time, but changes will apply only to new and renewal Memberships.
Membership fees are not refundable, except within thirty (30) days of the purchase date of the yearly $299 Membership or the Automatic Renewal charge date of the Membership and i) you did not use your Membership to obtain an eligible discount or benefit during the new or renewal Membership term, or ii) your Membership was renewed during your current Membership term and the renewal Membership term has not yet started and you did not use your Membership to obtain an eligible benefit. No refunds will be available after such
thirty (30) day period (unless we terminate Membership in its entirety; see Section 7 below).
MEMBERSHIP TERM.
For new Members, including customers whose Legacy Membership has expired and are joining Membership, the Membership Term shall expire 12 months from the date of purchase of the yearly $299 Membership and the monthly Membership will terminate the day after the last day of each month.
For active monthly paying Members upgrading to yearly Membership, the Membership Term shall expire 12 months from the date of purchase of Membership.
For active yearly paying Members, a renewal or automatic renewal extends the existing expiration date of the Membership by 12 months; the Membership Term shall begin the day after the expiration date of the Member’s current term.
AUTOMATIC RENEWAL; BILLING.
EACH MEMBERSHIP WILL AUTOMATICALLY RENEW (“AUTOMATIC RENEWAL”) COMMENCING ON THE DAY AFTER THE PREVIOUS MEMBERSHIP TERM ENDS UNLESS (I) YOU HAVE ELECTED TO OPT OUT OF AUTOMATIC RENEWAL AFTER YOUR ENROLLMENT (SEE INSTRUCTIONS BELOW ON HOW YOU OPT OUT OF AUTOMATIC RENEWAL) OR (II) YOUR MEMBERSHIP IS CANCELLED OR TERMINATED.
When you join and are enrolled in Automatic Renewal and do not opt out of Automatic Renewal prior to your renewal date, or if you have last renewed your Membership in store or on BN.com and your account shows that you have not opted-out of Automatic Renewal, upon your next and subsequent renewals, no more than 30 days prior to your Membership expiration date the then-current Membership fee will be billed to: (i) the form of payment we currently have on file for you that was used to join or renew the Membership in store; (ii) the form of payment we currently have on file for you that was active in your profile at the time of joining or renewing the Membership on membership.gelatoretail.com; (iii) the form of payment we currently have on file for you that you provided to us when making a purchase with your Member card; (iv) the form of payment we currently have on file for you that you updated through your account or by contacting us; or (v) the form of payment we currently have on file for you that was updated by the applicable payment service provider, and to which you authorize us to continue to charge the Membership fee.
You may opt out of Automatic Renewal as follows:
1. By contact us at Member Services and notifying us you want to opt out of automatic renewal; or
2. By updating your Membership profile through your G Suite account to reflect you do not want Automatic Renewal; or
If you have opted out of Automatic Renewal, you may re-enroll in Automatic Renewal by updating your Membership profile through your G Suite account.
MEMBER INFORMATION.
Members are responsible for submitting and maintaining accurate and current user information in connection with their Membership. Such information may include name, physical address, email address, and any other information we may require from time to time. Periodically we may utilize the National Change of Address (NCOA) database through information provided by the United States Postal Service to update the mailing address of accounts in our database. Members can change their account information by (i) updating Member profile data through an authenticated G Suite account, or (ii) emailing Member Services at info@gelatoretail.com. We cannot assume any liability for correspondence, mail or email that is lost, delayed, or misdirected.
Memberships are for individual use only and are non-transferable. Members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using Membership benefits. An email address may be associated with only one Membership account.
CANCELLATION BY MEMBER.
You have the right to cancel your Membership at any time by contacting us at info@gelatoretail.com and notifying us that you want to cancel your Membership. In the event of cancellation, the Membership account is terminated, effective immediately, and can no longer be used. Any discounts or rewards affiliated with your account expire as of the cancellation. You will not be entitled to a refund of the Membership fee except as set forth in Section 1.
OUR TERMINATION OF YOUR MEMBERSHIP.
We may terminate your Membership without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests or another user.
In the event of any such termination, you will be entitled to a refund of your Membership fee on a pro rata basis, but any accumulated rewards or store credit balance will be forfeited.
TERMINATION BY G SUITE OF MEMBERSHIP BENEFITS OR PROGRAM.
We may terminate the Membership Program or any or all Membership benefits at any time with or without notice.In the event of the termination of the Membership program, at our election, we will either maintain your Membership benefits until the expiration of a Member’s current term or refund each Member a pro rata portion of the Membership fee for the remaining portion of the current Membership term.In the event of our termination of G Suite benefits all accumulated rewards or credits terminate on that date.
PRIVACY POLICY.
As a Member, the information we capture will be subject to the G Suite Privacy Policy as amended from time to time in accordance with its terms. You may view the current version of the G Suite Privacy Policy at any time online at or you may obtain a copy by emailing info@gelatoretail.com
DISCLAIMERS; LIMITATION OF LIABILITY.
USE OF THE G SUITE MEMBERSHIP PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
ALL OF OUR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY “MEMBERSHIP PROVIDERS”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i) THE G SUITE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE G SUITE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE G SUITEE PROGRAM WILL MEET YOUR EXPECTATIONS.
MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE G SUITE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE THE G SUITE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; OR (iv) ANY OTHER MATTER RELATING TO TH G SUITE MEMBERSHIP. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
GOVERNING LAW.
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of California, without regard to conflict of law principles.
DISPUTE RESOLUTION.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND US TO AGREE TO ARBITRATE CERTAIN DISPUTES. AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND US FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND WE AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. WE ARE BOTH WAIVING THE RIGHT TO TRIAL BY A JURY.
FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.
Any dispute or claim arising from, relating to, or connected with these Terms, the G Suite Membership Program, and/or Member account (each a “Claim”) will be resolved by binding arbitration (rather than in court). All Claims submitted to arbitration under these Terms will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be the State of California or, where limited by applicable law, the jurisdiction in which you reside or may be conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. Notwithstanding this Section 12, we may bring a Claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce our intellectual property rights or those of our affiliates, suppliers, or licensors.
FEDERAL ARBITRATION ACT. These Terms affect interstate commerce, and the enforceability of this Section 12 will be substantively and procedurally governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., to the extent permitted by law. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.
ONE YEAR TO ASSERT CLAIMS. To the extent permitted by law, any Claim by you or us relating in any way to these Terms, our Membership Program, or any aspect of the relationship between you and us as it relates to these Terms, or our Membership Program, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and/or us will not have the right to assert the Claim.
WAIVER OF CLASS ACTIONS. We each agree that any Claim will be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. WE EACH AGREE THAT WE ARE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVING ANY RIGHT WE MAY HAVE TO A JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE DIGITAL CONTENT TERMS OF SALE.
OPTION TO OPT-OUT. You have the right to opt out of binding arbitration within 30 days of the date that you become a Member (unless a longer period is required by applicable law). In order to be effective, your written notification must be mailed to Gelato Retail. 31875 Corydon Rd. Suite 140 Lake Elsinore, CA 92530, and your written notification must include your name, mailing address, and email address. The notice must clearly indicate your intent to opt-out of this binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 11. REJECTION OF FUTURE ARBITRATION CHANGES. You may reject any change we make to Section 12 (except address changes) by personally signing and sending us notice within 30 days of the change via email at info@gelatoretail.com or by certified mail to G Suite, Attn: General Counsel, 31875 Corydon Rd. Suite 140 Lake Elsinore, CA 92530. If you do, the most recent version of Section 12 before the change you rejected will apply.
You acknowledge and agree that, regardless of any statute or law to the contrary, any Claim or cause of action you may have must be filed within one (1) calendar year after such Claim or cause of action arises, or forever be barred.
For purposes of any Claim that is not subject to the arbitration procedures in this Section 12, we both agree to the governing law and jurisdiction as set out in Section 11 above.
ACKNOWLEDGEMENT
This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the Membership Program and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any portion of the G Suite Membership Program is deemed to have accepted these Terms.
CHANGES TO THE AGREEMENT.
We may change these Terms at any time without notice or liability by posting a revised Agreement located on info@gelatoretail.com. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Any change shall take effect immediately, unless otherwise provided. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. You may view the current version of this Agreement at any time online on at info@gelatoretail.com. You may also obtain a copy at any Gelato Store or by emailing us at the address above.
This Agreement was last modified on June 23, 2023