CLUB EDEN REWARDS - TERMS AND CONDITIONS

Last modified: August 7, 2019


 
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Introduction to Eden 

Eden Enterprises, Inc. and its subsidiaries and affiliates, including Garden of Eden Dispensaries, Eden Wellness CBD stores, and Eden brands (collectively “Eden”), are organized in full compliance with applicable laws and regulations. Eden places a high priority on protecting the legal rights of all Our customers. In order to provide both Our customers and staff with the greatest possible degree of legal protection, we request that you read the following before registering with Garden of Eden, Eden Wellness, or any other Eden Family business.

 

Club Eden Rewards Terms of Use

 PLEASE READ THESE TERMS OF USE CAREFULLY AND IN FULL.  BY ACCESSING OR PARTICIPATING IN CLUB EDEN REWARDS, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT PARTICIPATE IN CLUB EDEN REWARDS.

These Terms of Use apply to your access to, and participation in, the Club Eden Rewards program (“Club Eden Rewards") which is operated by the Eden store in which you are reviewing this Agreement or with which you will interact with respect to this program. For more information on the entity that owns, operates, or manages your local Eden store please email legal@edenenterprises.com.   

 These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Eden related to Eden products and services. Eden reserves the right to change, modify and/or eliminate Club Eden Rewards and/or all or any portion of these Terms of Use or any policy, FAQ, or guideline pertaining to Club Eden Rewards at any time and in its absolute and sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to: https://www.goe.menu/clubeden, and you waive any right you may have to receive specific notice of such changes or modifications.

Your participation in Club Eden Rewards confirms your acceptance of these Terms of Use and any such changes or modifications; therefore, you should review the Terms of Use frequently to understand the terms and conditions that apply to Club Eden Rewards. If you do not agree to the Terms of Use, you agree to stop participating in Club Eden Rewards. 

Club Eden Rewards is intended for personal use only. Commercial use is prohibited. To enroll in Club Eden Rewards, you may provide your information and enroll online at this link: https://enrollnow.vip/join/2494, or you may sign up at one of our following physical locations or visit https://www.goe.menu/clubeden


You must be at least 21 years old with valid identification to receive any Club Eden Rewards prizes.

There is no physical card required to participate in Club Eden Rewards. There are no membership fees associated with Club Eden Rewards.  Access to the Club Eden Rewards Wallet is based on a customer’s mobile phone number. Registration to Club Eden Rewards requires that the customer provide their mobile phone number and requires a signature providing a customer's express permission to receive text messages from Eden.  Registration may also require the customer’s first name, last name, birthday, cannabis interests, and gender.

This information enables Eden to provide a superior service to Our customers. Customers may change their personal information in self-service through the Garden of Eden eCommerce account (https://www.goe.menu) or through the Club Eden Rewards Wallet that customers will be able to access through a private text message to the mobile phone number provided. Customers may also consult with any store manager at Garden of Eden retail location. Please read the Privacy Statement and the full Privacy Policy carefully to understand how Eden collects, uses and discloses information about customers.

Club Eden Rewards Data & Privacy Statement

Eden cares about the data privacy and security of its customers. Eden’s full Privacy Policy can be accessed at LINK. By using the Eden website (“Site”), you agree to be bound by our Privacy Policy, which is hereby incorporated into these general Terms and Conditions. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, Eden does not knowingly accept, request, or solicit information from children (under the age of 18) or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

 

Unless otherwise indicated, the Site is our proprietary intellectual property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks. 

IN NO EVENT WILL EDEN OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION THAT MAY ARISE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Club Eden Rewards Points System

 Club Eden Rewards is based on Points. Points accumulated under the program are promotional and have no cash value. Points, may not be sold, transferred or assigned. Eden will not “cash out” Points. Points may be voided at any time, at the sole discretion of Eden. By participating in the Club Eden Rewards, you acknowledge that you have no property interest in any Points that have accrued to your account.

Accruing Points– Logging a qualified purchase under a Club Eden Rewards accounts causes Tokens to accrue to that account. Club Eden Rewards accounts accrue Points at the rate of one (1) Tokens for each One Dollar ($1.00) spent on qualifying Eden products.  Some exclusions may apply and be modified without prior notification. The amount spent on qualifying purchases does not include taxes, tips, donations, and fees, including without limitation, shipping and handling fees, gift wrapping fees, delivery fees, and bag fees. The amount spent on qualifying purchases does not include the portion of a purchase paid for with previously accrued Points. For instance, where $5 of the purchase price was paid with Points, no Points accrue from that $5. 

Spending Points – Points are redeemable solely toward the purchase of qualifying Eden products as may be identified from time to time at the rate identified. If no products are identified the Points are not redeemable at such time. 

Points are automatically added to your account within 24-hours. You can view and track your Token balance anytime from the customer’s digital Club Eden Rewards Wallet.   Customers can also retrieve their Club Eden Rewards Wallet from: https://www.goe.menu/clubeden.

 Without notice to you, Eden reserves the right to, at any time, and in its sole discretion, change: (i) what constitutes the qualifying purchase price, (ii) the qualifying-purchase-price-to-Point conversion rate, if any, (iii) the products that are qualifying purchases for purposes of accruing Points to a Club Eden Rewards account, and (iv) the value of the Point value when redeemed toward the qualifying products, and (v) the list of products that are qualifying products and can be purchased with accrued Point. 

For each transaction, only one Club Eden Rewards account may be selected to accrue Points. It is a policy of Garden of Eden that budtenders will not split up a transaction into multiple transactions in order to facilitate crediting multiple Garden of Eden Reward accounts. Club Eden Rewards accounts are personal, insofar as each Club Eden Rewards account is linked to a single Garden of Eden customer, and only that account holder can access and utilizes the Points that have accrued to that account. Club Eden Rewards accounts are open, insofar as any purchase can be logged to any active Club Eden Rewards account (i.e. your friends may log their purchases to your account, such that you receive sole discretion over any Tokens that may accrue from that purchase).

Without notice to you, Eden reserves the right to suspend and/or terminate your Club Eden Rewards account and/or your participation in Club Eden Rewards if Eden determines, in its sole discretion, that you have violated these Terms and Conditions or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Garden of Eden may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. If your participation in Club Eden Rewards is terminated, then all accumulated Points in your account are void.

Without notice to you, Eden also reserves the right to “unregister" and make ineligible for Club Eden Rewards any Club Eden Rewards account that has been inactive for 160 consecutive days. Inactive is defined as no Points earned. If your Club Eden Rewards account is unregistered or rendered inactive, then all accumulated Points in your account are void.

Eden reserves the right to modify, terminate, discontinue or cancel Club Eden Rewards at any time, and will consider a customer’s Club Eden Rewards points as forfeited after 160  consecutive days of non-use, in its absolute and sole discretion and without notice to you.

Eden Products & Services User Agreement

PLEASE READ AND AGREE TO THE FOLLOWING: Any individual attempting to purchase cannabis or cannabis products at any Eden store and/or online must first qualify to purchase cannabis. Minimum qualification requires that the purchaser is at all: (a) an adult twenty-one (21) years of age or older; (b) abide by the Rules and Regulations of Eden, the laws of the State of California and any applicable local jurisdiction as they pertain to cannabis possession, sale and consumption; (c) timely remit payment for products purchased. Access to the Storefront Retail and the product and services of Eden is expressly conditioned upon acceptance of these terms. You agree to immediately report to Eden any circumstances affecting your compliance with these terms.

You acknowledge and understand that using the services and facilities of Eden, as well as products received, used or possessed including cannabis, manufactured cannabis and cannabis accessories, (collective “cannabis products”) is at your own risk. Eden and its Directors, Officers, Managers, Employees, Agents, Contractors and Affiliates shall not be held liable - and you hereby expressly and affirmatively waive any and all claims of liability - for personal/bodily injury or damages - which occur to you, for any and all loss or injury to person or property. This waiver is intended to be a complete release of any responsibility for personal injuries and/or property loss/damage you sustain arising from the use of services or facilities, and/or arise from possession or use of products (including cannabis) obtained from Eden, and/or occur while on the premises of Eden, whether using services or products or not.

IN CONSIDERATION OF BEING PERMITTED USE OF ANY EDEN FACILITIES, AND/OR USE OR POSSESSION OF ANY PRODUCT RECEIVED (INCLUDING EDEN AND NON-EDEN CANNABIS PRODUCTS), IN CONNECTION USE OR POSSESSION, YOU AGREE TO THE FOLLOWING:

1. YOU HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE COMPANY, ITS EMPLOYEES, OFFICERS AND AGENTS (hereinafter referred to as “Releasees”) from all liability to you, your personal representatives, assigns, heirs and next of kin for any loss, damage, or claim therefore on account of injury to your person or property, whether caused by any negligent act or omission of the releasees or otherwise while you are using any Eden facilities in connection with the activity and/or using or possessing any product received from Eden (including cannabis products).

2. YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS the Releasees from all liability, claims, demands, causes of action, charges, expenses, and attorney fees resulting from your use or possession of any product received from Eden (including cannabis products) whether caused by any negligent act or omission of the Releasees or otherwise. 

3. YOU HEREBY ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE while upon Eden’s premises of and/or use or possession of any product received from Eden (including cannabis products) whether caused by any negligent act or omission of releasees or otherwise. You expressly agree that the foregoing release and waiver, Indemnity Agreement and Assumption of Risk are intended to be as broad and inclusive as permitted by law. You acknowledge, understand and agree that you are not relying upon any representation by Eden or any agent of Eden as to your suitability to consume and/or use any products including cannabis products received from Eden. You expressly agree that you are relying exclusively upon your own judgment and opinions and/or those of your health care providers or other professionals as to your suitability to the use or possess products (including cannabis) and/or condition of any products (including cannabis) received used, or possessed by you. You are strongly advised to consult with health care provider(s) and professionals with appropriate qualifications as to your specific suitability to use and/or consume any products (including cannabis products) received from Eden. 

WARNING PURSUANT TO PROPOSITION 65: Smoking or consuming cannabis products can expose you to chemicals which are known to the State of California to cause cancer and reproductive harm. For more information please visit -  www.P65Warnings.ca.gov.

GOVERNMENT WARNING: CANNABIS IS A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION

Statement on Eden Wellness Hemp-Derived Products

All statements made regarding Eden Wellness hemp-derived products have not been evaluated by the Food and Drug Administration (“FDA”). The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented by Eden Wellness regarding its products is not meant as a substitute or alternative to information from healthcare practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act (“FDCA”) requires this notice.


1. “Cannabis” (including manufactured cannabis) is defined in California Business and Professions Code § 26001(f) as “all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. ‘Cannabis’ also means the separated resin, whether crude or purified, obtained from cannabis. ‘Cannabis’ does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.”

2. “Cannabis accessories” is defined in California Health and Safety Code § 11018.2 as “any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.”