Glossier Membership Program
TERMS AND CONDITIONS
The following terms and conditions (these “Terms and Conditions”) contain important information regarding the Membership Program (the “Program”) sponsored by Glossier, Inc. (“Glossier”, “we” or “us”). Please read the following Terms and Conditions carefully. These Terms and Conditions, as well as Glosser’s Terms of Service and Privacy Policy which are incorporated herein by reference, are a binding agreement between you and Glossier and will govern your participation in any and all Program offers.
Please note that Glossier’s Terms of Service contain an arbitration provision and a class action waiver, which are incorporated into these Terms and Conditions and apply to your participation in the Program. By participating in the Program, YOU AGREE TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT
Membership in the Program (“Membership”) entitles members (“Members”) to take advantage of certain Program benefits (“Program Benefits”). You can find out about available Program Benefits and offers by visiting www.glossier.com/pages/membership (“Site”).
Glossier reserves the right to modify these Terms and Conditions at any time, without notice to you, so it is important to check the Terms and Conditions periodically. Participation in the Program and/or redemption of Program Benefits is considered acceptance of these Terms and Conditions and any modified terms included therein. Glossier may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Program and/or any Program Benefit at any time, including the availability of any Program Benefit, without notice.
PROGRAM PERIOD: Program will continue until terminated, suspended, modified, and/or converted to another program by Glossier, as determined by Glossier is its sole discretion (“Program Period”).
ELIGIBILITY: To be eligible for the Program, you must be a legal resident of the fifty (50) United States or the District of Columbia and at least 18 years of age. Employees, officers and directors of Glossier and their immediate family members living in the same household are not eligible for Program. The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. We do not allow any individual or company, association, or group to direct, encourage, or allow individuals to use a single account for the purpose of accumulating Program Benefits for combined use.
MEMBERSHIP: You can enroll for Membership in the Program online on the Site. To create a Glossier account, go to the Site, register for an account (“Account”), including providing your full name, email address and shipping address and agree to these Terms and Conditions. To complete enrollment, make a qualifying purchase and receive your free membership keychain by adding the keychain to the cart and applying the provided promotional code at checkout. See below for more details regarding the Program Fee. Each Member is responsible for advising Glossier of any changes to his or her Account or payment information.
PROGRAM BENEFITS: Available Program Benefits will be listed on the Site from time to time. Members should check the Site and their registered Email address for other available Program Benefits and any additional terms and conditions that may apply to the Program Benefits. Program Benefits are good while supplies last and are subject to availability and order deadlines. Shipping and handling fees and/or taxes may apply to any purchases made through the Program. All purchases made through the Program are subject to Glossier’s Terms of Use, which are incorporated herein as set forth above.
MEMBERSHIP CANCELLATION: Members may cancel their Membership any time by emailing GTeam@glossier.com.
TERMINATION BY GLOSSIER:
We may terminate or suspend your Membership at our discretion without notice. Our failure to insist upon or enforce your strict compliance with these Terms and Conditions will not constitute a waiver of any of our rights. Any decision Glossier makes relating to termination or suspension of any Member’s participation in the Program shall be final and binding in all respects.
OTHER LIMITATIONS:
- We reserve the right to accept or refuse Membership in our discretion.
- We may send you email and other communications related to your Membership (regardless of any settings or preferences related to your Account).
- You may not transfer or assign your Membership or any Program Benefits.
- Members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using Program Benefits.
- Some Program Benefits may require certain purchase thresholds, have quantity or shipping address limitations, or require members to meet specified criteria in order to access them.
- From time to time, Glossier may choose in its sole discretion to add or remove Program Benefits.
- Program Benefits are not redeemable for cash and may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Member. All taxes applicable to any Program Benefits provided by Glossier under this Agreement will be Member’s responsibility and Glossier shall not withhold or pay any amounts for federal, state or municipal income tax, social security, unemployment or worker’s compensation.
- Glossier makes no warranty in any respect as to any Program Benefit, including its availability, within the Program.
- Nothing in these Terms and Conditions implies any employment or joint venture relationship between Glossier and Member.
- The Program and/or the Program Benefits are void where prohibited by law.
RELEASE: By participating in the Program, to the fullest extent permitted by applicable law, Members agree to release Glossier, its parent, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective attorneys, accountants, directors, officers, employees, and agents (collectively, “Released Parties”) from any and all claims and liability for any loss, harm, damages, cost or expense (collectively, “Claims”), including, without limitation, intellectual property infringement, property damages, personal injury and/or death, arising out of or in any way connected to the Program, Program Benefits or any products or services purchased or access therefrom. Members agree to indemnify, defend and hold Released Parties from and against any and all third party Claims arising from, or related to any breach by Member of any of these Terms and Conditions or any violation by Member of applicable law.
GOVERNING LAW: The laws of the State of New York shall govern these Program Terms and Conditions. Member hereby expressly consents to exclusive jurisdiction and venue in the state or federal courts located in New York County, New York for all matters arising in connection with these Terms and Conditions or Member’s participation in the Program.
LIMITATION OF LIABILITY:
To the fullest extent permitted by applicable law, you hereby agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Program, Program Benefits or any products or services purchased or access therefrom shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees; and (iii) under no circumstances will you or anyone else be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN GLOSSIER’S TERMS OF USE, GLOSSIER’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE PROGRAM FEE PAID BY YOU IN CONNECTION WITH YOUR MEMBERSHIP. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP.
GLOSSIER: Glossier, Inc., 233 Spring St floor 10e, New York, NY 10013.