Rewards Terms & Conditions
This Tolk Rewards App (the “App”) is offered by Tolk Wellness, LLC, licensees, franchisees and affiliated companies. These Terms and Conditions (“Terms and Conditions”) apply only to this App and the Rewards Program (as defined below) (collectively part of the “App”) offered herein, and not to any other website, mobile app, product, service, or program offered by us. The Gift Card Terms and Conditions are set forth separately below. These Terms and Conditions are a legal and binding agreement between you and Tolk Rewards governing your use of this App, which includes its content, information, services, and features.
Please read these Terms and Conditions, which apply to your use of this App and enrollment and participation in our Rewards Program. If you do not agree to these terms, then do not use this App or participate in the Rewards Program.
We may modify these Terms and Conditions from time to time. When we do, we will notify you by email or otherwise as permitted or required under applicable law. It is therefore required that you update your account information, including when your email address changes. Any changes to these Terms and Conditions will also be posted here. Your continued use of the App or participation in the Rewards Program after any modification confirms your acceptance to the modifications.
Additionally, Tolk Wellness, LLC may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to this App or any portion thereof; (2) change, revise, or modify this App or any portion thereof; (3) interrupt the operation of this App or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to the App; and/or (5) terminate the authorization, rights, and license given above. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the App.
2. Content & Use
This App and all content, information, and other materials featured, displayed, contained, and available on this App (collectively, the “Content”) are owned by or licensed to Tolk Wellness, LLC and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. Subject to your compliance with these Terms and Conditions,Tolk Wellness, LLC grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download this App for noncommercial purposes only. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, this App or its Content.
You agree to use this App and the Content in accordance with these Terms and Conditions and all applicable laws and regulations. Tolk Wellness, LLC may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to this App, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law.
3. Rewards Program
Tolk Wellness, LLC offers the Tolk Rewards Loyalty Program (the “Rewards Program”) to reward and thank our loyal patients. The Rewards Program is available to enrolled members at Tolk Wellness Center in Simsbury, Connecticut. Points and Rewards accumulated under the Tolk Rewards Program are promotional and have no cash value.
Eligibility: You may enroll in the Rewards Program if you: (1) are a legal resident of the United States; (2) at least 16 years of age at the time you enroll; (3) have an active, valid e-mail address; and (4) are a human being. No corporations, partnerships, limited liability companies, or other legal entities can participate in the Rewards Program.
The Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 16. If you are under the age of 18, you may only use the Rewards Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.
Enrollment/Rewards Account: You can enroll in the Rewards Program and create a Rewards account (“Rewards Account”) in one of the following ways:
- Visit Tolk Wellness Center to create a Rewards Account with your email or mobile number.
- Create a Rewards Account on TolkWellnessCenter.com.
- or download the Tolk Rewards mobile application to your Android™ or iPhone® device and create a Rewards Account.
Your Rewards Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one (1) Rewards Account.
As a part of the Rewards Program, Tolk Rewards will send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the App to your device, email, SMS or text message, with message and data rates applying, and/or any other ways you may have selected when you enrolled in the Rewards Program or to which you thereafter consented. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Rewards Account and update your contact information or preferences. Tolk Wellness, LLC will also provide for opt-out and unsubscribe options as required by law, some of which are made available via your phone and/or email settings. You may contact Tolk Wellness Center for assistance in any opt-out via email@example.com.
Earning Points and Offers for Rewards: You will earn and receive Points (as defined below) toward offers for rewards, which are defined as a thing given by Tolk Rewards to you, (“Rewards”) as follows:
Qualifying Purchases: Members will earn and receive Points toward Tolk Wellcare Services by making qualified purchases at Tolk Wellness Center. You will earn 10 Points per purchase of $1 or more (each a “Point”). Taxes, tips, and fees, including without limitation, delivery fees, and bag fees, may also be excluded and ineligible for Points.
To receive Points for a qualified purchase, our staff at Tolk Wellness Center will apply the qualified points at the time of purchase. The Points to which you are entitled will be applied to your Rewards Account. You can track the Points and offers and/or Rewards you have already earned and that you may earn in the future by logging into your Rewards Account History. Points for qualifying purchases. From time to time, we, or others acting with our permission, may offer you special promotions that offer you bonus points (“Bonus Points”). Bonus Points will be awarded as described in the applicable promotional or special offer and will be subject to any additional terms set forth in the promotional offer. Read each offer carefully for specific details, expiration dates, limitations and restrictions.
Social Media Sharing & Referral Bonuses: You can also share your Tolk Wellness experience through the App. You have the option to make your comment public, but please note that by making your comment public, we may use your comment on the Tolk Wellness Center website, Facebook page, and/or other social media outlets, and you hereby grant a perpetual, royalty-free license to Tolk Wellness, LLC to do so. A referral link will be provided through the Tolk Rewards app. You may share the referral link to your friends, family and co-workers. When a referral link is used to create a new patient account and the condition of a minimum of $1 transaction is made, the referrer will receive the set referral points automatically through the Tolk Rewards app. Alternatively, you may also show our staff that you have made a referral without using the link and if the referral establishes an account as a patient of the clinic within 60 days, the referral points will be applied.
Reviews & Check-In Offers: You may write a review for Tolk Wellness Center to earn points. Acceptable reviews can be done on the following platforms: WebMd.com, Yelp.com, Google.com, Vitals.com, Demandforce.com, and Facebook.com. Each review will earn a set number of points as outlined in the Reward Directory. Each check-in on Yelp will also be rewarded points. Only one check-in per visit is applied.
Offers: By accumulating Points in your Rewards Account, you may only redeem one Reward per visit. A Reward may not be combined with any other offer or coupon.
Additional Rewards Program Terms: Tolk Wellness, LLC reserves the right to terminate your Rewards Account and/or your participation in the Rewards Program if we determine in our sole discretion that you have violated these Terms and Conditions, you have more than one (1) Rewards Account, or that the use of your Rewards Account is unauthorized, deceptive, fraudulent or otherwise unlawful. Tolk Wellness, LLC may, in its sole discretion, suspend, cancel, or combine Rewards Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Rewards Program. Tolk Wellness, LLC also reserves the right to “unregister” and make ineligible for the Rewards Program any Rewards Account that has been inactive for four years. Inactive is defined as no Points or Rewards earned.
Tolk Wellness, LLC has the right at any time, with or without giving you prior notice, to:
- end or cancel the Rewards Program and/or any specific Reward;
- change any Reward or other Rewards Program benefit we offer;
- change the requirements, including, without limitation, the number of Points required, for earning a particular Reward;
- change the time you have in which to earn a particular Reward; and/or
- change any other feature of the Rewards Program.
If we end the Rewards Program, Rewards you have earned but not used will expire on the end date, and you may not redeem any Rewards or use any credits after the end date.
4. Login and Registration
Certain features or services offered on or through this App may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Tolk Wellness, LLC immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Tolk Wellness, LLC or any other App user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s account or login information. Tolk Wellness, LLC shall not be liable for any loss or damage arising from your failure to comply with these obligations.
5. No Warranties
YOU EXPRESSLY AGREE THAT USE OF THIS APP, THE CONTENT, AND THE REWARDS PROGRAM IS AT YOUR OWN RISK. ALL PARTS OF THE APP, CONTENT AND REWARDS PROGRAM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOLK WELLNESS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. TOLK WELLNESS, LLC MAKES NO WARRANTY THAT ANY PART OF THE APP, CONTENT OR REWARDS PROGRAM WILL MEET YOUR REQUIREMENTS. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS OR SERVICES YOU OBTAIN THROUGH USE OF THE APP, CONTENT OR REWARDS PROGRAM ARE OBTAINED AT YOUR OWN RISK, AND TOLK WELLNESS, LLC MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SAME. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOLK WELLNESS, LLC OR OTHERWISE THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
6. Limitation of Liability
YOU UNDERSTAND THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TOLK WELLNESS, LLC OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, CONTENT OR REWARDS PROGRAM OR YOUR PURCHASE OF ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY GIFT CARDS, VIA THE APP OR ANY THIRD-PARTY SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF TOLK WELLNESS, LLC TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE APP, CONTENT OR REWARDS PROGRAM OR YOUR PURCHASE OF ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY GIFT CARDS, VIA THE APP OR ANY THIRD-PARTY SERVICE, EXCEED ONE HUNDRED DOLLARS ($100). THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT THE ALLOCATION OF RISK AGREED UPON AS REASONABLE BY THE PARTIES AND THAT THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY INCLUDED. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
7. International Users
This App is controlled, operated, and administered by Tolk Wellness, LLC from offices within the United States of America. We make no representation regarding use of this App outside of the United States. You may not use this App or export any portion of it in violation of U.S. export laws and regulations. If you access this App from locations outside of the United States of America, you are responsible for compliance with all local laws.
You agree to indemnify, defend and hold harmless Tolk Wellness, LLC and its agents, employees, representatives, licensors, affiliates, officers and directors, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from any third-party claim based upon or arising in connection with (a) your use of or access to the App, Content or Rewards Program; (b) any information you submit or transmit through the App; (c) your violation of these Terms and Conditions; (d) your violation of any rights of any third party in connection with your use of the App; or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the App.
10. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
Please read the terms of this Section 10 (this “Arbitration Agreement”) carefully. It is part of your contract with Tolk Wellness, LLC and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER AND A WAIVER OF TRIAL BY JURY.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms and Conditions or the use of the App or any product or service provided by Tolk Wellness, LLC that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Tolk Wellness, LLC, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms and Conditions.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (a “Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Tolk Wellness, LLC should be sent to firstname.lastname@example.org. After the Notice is received, you and Tolk Wellness, LLC may attempt to resolve the claim or dispute informally. If you and Tolk Wellness, LLC do not resolve the claim or dispute within thirty (30) days after such Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS online at http://www.jamsadr.com or by phone at 1-800-352-5267. To begin an arbitration proceeding, you must serve Tolk Wellness, LLC registered agent for service of process: National Registered Agents, Inc., 160 Greentree Drive, Suite 101, Dover, DE 19904 United States.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Tolk Wellness, LLC will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Tolk Wellness, LLC will reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.
Any arbitration will take place in county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. The arbitrator may award on an individual basis the same damages and relief as a court (including injunctive relief).
Judgment on the award may be entered in any court of competent jurisdiction.
(d) Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
(e) Time Limits. If you or Tolk Wellness, LLC pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Tolk Wellness, LLC, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Tolk Wellness, LLC.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Tolk Wellness, LLC in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND Tolk Wellness, LLC WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Tolk Wellness, LLC.
(m) Small Claims Court. Notwithstanding the foregoing, either you or Tolk Wellness, LLC may bring an individual action in small claims court.
(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(o) Claims Not Subject To Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.
(p) Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit for such purpose to the personal jurisdiction of the courts located within Los Angeles County, California.
(a) Choice of Law. These Terms and Conditions are governed by U.S. federal law and the laws of the State of California, consistent with the Federal Arbitration Act and without resort to any conflicts of law provisions.
(b) Notice. Where Tolk Wellness, LLC requires that you provide an e-mail address, you are responsible for providing Tolk Wellness, LLC with your most current e-mail address. In the event that the last e-mail address you provided to Tolk Wellness, LLC is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms and Conditions, Tolk Wellness, LLC’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Tolk Wellness, LLC only at the following address: 102 Hopmeadow Street, Simsbury, CT 06089 and email us at email@example.com. Such notice shall be deemed given when received by Tolk Wellness, LLC by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
(c) Waiver. Any waiver or failure to enforce any provision of these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
(d) Severability. If any provision of these Terms and Conditions is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms and Conditions will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
(e) Export Control. You may not use, export, import, or transfer any part of the App except as authorized by U.S. law, the laws of the jurisdiction in which you obtained such App, and any other applicable laws. In particular, but without limitation, no part of the App may be exported or re-exported (i) into any United States embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the App, you represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (B) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the App for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Tolk Wellness, LLC are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer any products or the App or any other technology of Tolk Wellness, LLC, either directly or indirectly, to any country in violation of such laws and regulations.
(f) Electronic Communications. The communications between you and v use electronic means, whether you use the App or send Tolk Wellness, LLC e-mails, or whether Tolk Wellness, LLC posts notices on any part of the App or communicates with you via e-mail. For contractual purposes, you (i) consent to receive communications from Tolk Wellness, LLC in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Tolk Wellness, LLC provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
(g) Release. You hereby release Tolk Wellness, LLC, its affiliates and each of their officers, directors, employees, and agents and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the App, Content or Rewards Program, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of these Terms and Conditions or your use of the App, Content or Rewards Program. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
(h) Assignment. The Terms and Conditions, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Tolk Wellness, LLC’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. All or any of Tolk Wellness, LLC’’ rights and obligations hereunder may be assigned to a subsequent owner or operator of this App in a merger, acquisition or sale of all or substantially all of Tolk Wellness, LLC’ assets.
(i) Force Majeure. Tolk Wellness, LLC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
(j) Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Service, or any Products obtained by you via the Service, please contact us by writing to: Tolk Wellness, LLC 102 Hopmeadow Street, Simsbury CT 06089 with a copy to firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
(k) Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.
(l) Entire Agreement. These Terms and Conditions are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. In the event of any conflict between these Terms and Conditions and those set forth with respect to the Tolk Wellness, LLC Gift Card Terms and Conditions, the above Terms and Conditions shall govern.
Tolk Rewards Gift Card Terms and Conditions
These Terms and Conditions (this “Agreement”) describe the terms and conditions that apply to the use of Tolk Rewards gift cards (“Gift Cards”), including gift certificates and electronic gift cards (“egift Cards”) and Tolk Rewards promotional, loyalty, rewards, and incentive cards (“Promotion Cards” and, collectively with Gift Cards and egift Cards, “Cards”). In this agreement, the term “Card” or “Cards” may refer interchangeably to Gift Cards, egift Cards, or Promotion Cards.
This Agreement is between you (“Cardholder,” “you,” or “your”) and Tolk Wellness, LLC, the issuer of the Card (“Issuer,” “we,” “us,” or “our”). By purchasing, accepting, or using your Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, accept, or use the Card.
Note: This Agreement includes a binding arbitration provision, a class action and jury trial waiver, and limitations on liability and damages.
1. About Your Card.
Cards are issued by Issuer. Issuer is responsible for the operation and maintenance of the Card program and the sole legal obligor to the Cardholder. Cards can be purchased at Tolk Wellness Center and via Tolk Rewards mobile app. Promotion Cards may be provided to you as a promotion in connection with the purchase of a Gift Card or in connection with another promotion at Tolk Wellness Center. Cards are valid only if obtained from a participating Tolk Wellness Center. Cards are not valid if obtained from unauthorized sellers or resellers, including through Internet auction sites. Cards are not debit or credit cards. The value on your Card is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.
2. Balance Inquiries.
For balance inquiries, please contact us by phone at 860-651-3521 or online at email@example.com, or visit Tolk Wellness Center. The balance you receive when inquiring over the telephone or online is an estimate only. In most cases, the balance is adjusted 24 hours after you make a purchase, but there may be occasions when the balance adjustment is delayed.
Gift Cards do not expire, and no fees for inactivity or service fees apply to such Cards. Promotion Cards may expire and/or impose fees; please check the specific terms and conditions on the front and back of each Promotion Card for details. Issuer reserves the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check, or other failure of consideration.
Cards are redeemable only for Tolk Wellcare services and selected products sold at Tolk Wellness Center only.. Cards have no cash value and may not be redeemed for cash except as required by law. Cards are not redeemable to purchase another Card or towards previously purchased goods or services.
Gift Cards may be reloaded with value. Egift Cards and Promotion Cards cannot be reloaded with value at this time.
6. No Refunds.
Cards are not refundable or redeemable for cash unless required by law. You may not return or cancel your egift Card after it is received.
7. Lost, Damaged, or Stolen Card.
The value of any lost, damaged, or stolen Card, or any Card altered or used without authorization, will not be replaced or replenished, except in limited circumstances with proof of purchase. If you suspect someone has copied or stolen your Card, contact us by phone at 860-651-3521 immediately.
The maximum value that can be associated with any one Card is $500 and the total amount of Card purchases for any one individual may not exceed $2000 in one (1) calendar day. Cards cannot be resold or transferred for value, and are void if resold or transferred for value.
9. Our Privacy Policies.
10. Mandatory Binding Arbitration.
Please read this section carefully. It affects legal rights that you may otherwise have and provides for individual final and binding arbitration of most disputes instead of resolution in court. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court would be able to award under the law and must honor the terms and conditions contained in this Agreement.
A. ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND PUNITIVE DAMAGES WAIVER.
You and Issuer agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of the Card, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide or collective) binding arbitration, except that you or Issuer may take claims to small claims court if they qualify for hearing by such a court.
You and Issuer agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions, arbitrations, or proceedings as a private attorney general are not permitted.
You and Issuer agree to waive the right to trial by jury.
This agreement to arbitrate extends to claims that you assert against other parties, including without limitation claims made against any of Tolk Wellness, LLC, its affiliates, related entities, franchisees and licensees, and their respective owners, officers, directors, agents, representatives and employees.
This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated or combined basis.
B. ARBITRATION PROCEDURES.
Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS online at http://www.jamsadr.com or by phone at 1-800-352-5267. To begin an arbitration proceeding, you must serve Issuer’s registered agent for service of process: National Registered Agents, Inc., 160 Greentree Drive, Suite 101, Dover, DE 19904 United States.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Issuer will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Issuer will reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.
Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. The arbitrator may award on an individual basis the same damages and relief as a court (including injunctive relief).
Judgment on the award may be entered in any court of competent jurisdiction.
11. Limitation of Liability.
ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS RENDERED NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN THAT EVENT, THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SHALL BE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Governing Law.
Issuer and you agree that your use of the Card and this Agreement evidence transactions affecting interstate commerce and the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this Agreement and the agreement to arbitrate above.
This Agreement and your use of the Account shall otherwise be governed by and construed in accordance with the substantive laws of the State of California, without regard to principles of conflict of laws.
13. Changes to this Agreement.
Issuer reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation by posting the revised version of this Agreement online at Tolkwellnesscenter.com.
Terms and Conditions last updated on 9/3/2019
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