Test - BONNIE PLANTS, LLC TERMS AND CONDITIONS

Website Terms & Conditions

Each sale is complete and binding upon the party submitting this Agreement (“Customer”) and Bonnie Plants, LLC (“Bonnie Plants”), at Bonnie Plants’ invoicing location (Opelika, Alabama). All charge invoices are due and payable net thirty days from the date on the monthly statement, unless specified otherwise. A 3% convenience fee will be charged on any payment that is paid by credit card. In the event that Customer fails to timely and fully pay any outstanding invoice, and such invoice becomes past due and delinquent, Bonnie Plants may, at its option, declare any or all other invoices immediately due and payable, and Customer hereby agrees and grants to Bonnie Plants such a right of acceleration of terms of payment. Customer agrees that all terms of this agreement are incorporated by reference into all invoices. All past due accounts will be charged the lessor of 1%, or the maximum rate permitted by applicable law. Bonnie Plants will apply payments received on Customer’s account first to unpaid service charges and then to unpaid principal. In the event Customer fails to make timely payment, Customer agrees to pay for all costs and expenses of collection including court costs, attorneys’ fees and other expenses incurred in collecting Customer’s account. Customer agrees to immediately notify Bonnie Plants, in writing, of any material change in entity status; ownership; or financial position. The construction, performance and enforcement of this Agreement shall be governed by the laws of the state or federal courts of Lee County, Alabama. Venue for any proceeding arising out of this Agreement is exclusively in the county of Bonnie Plants invoicing location (Lee County, Alabama). These terms and conditions may only be amended or modified in writing, signed by Bonnie Plants and Customer. I have read, understand and knowingly accept the above terms. The undersigned is authorized to sign this document on behalf of the organization and has retained a copy of this Agreement for Customer’s records.

Bonnie Rewards Loyalty Program Terms and Conditions

The Bonnie Rewards loyalty program (the “Loyalty Program” or “Program”) is offered by Bonnie Plants, LLC (“Company”, “we”, “our”, or “us”) to eligible customers making purchases on bonnieplants.com. By enrolling in the Loyalty Program, you agree to these Terms and Conditions of the Loyalty Program (“Program Terms”). Each time you engage in Program activities: (i) the Company’s Terms and Conditions, apply and are incorporated herein as part of these Program Terms; and (ii) you consent to our practices set forth in our Privacy Policy. In the event of a conflict between these, Program Terms, the Term and Conditions,, or the Privacy Notice, these Program Terms shall control solely with respect to the Program.

In some instances, both these Program Terms and/or additional terms explained in an offer or promotion setting forth additional or different terms and/or conditions will apply to the Loyalty Program (in each such instance, and collectively, “Additional Terms”). To the extent there is a conflict between these Program Terms and any Additional Terms, the Additional Terms will control.

Each time you participate in the Loyalty Program (other than to access and read these Program Terms), you agree to be bound by and comply with the then current Program Terms, and any applicable Additional Terms as they may be updated from time to time.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS LIMIT COMPANY’S LIABILITY AND WAIVE YOUR ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT. If you do not agree to these Program Terms and any Additional Terms, do not participate in the Loyalty Program.

1. Privacy.

Unless otherwise indicated in these Program Terms, by registering for and/or otherwise participating in the Loyalty Program, you agree that Company will use the personal information collected about you in connection with the Loyalty Program as set forth in our Privacy Notice.

The Loyalty Program may be considered a financial incentive under California law and a bona fide loyalty program under Colorado law. If you are a California or a Colorado resident, you opt in and consent to the terms described in our California Notice of Financial Incentive or our Colorado Loyalty Program Disclosures.

2. Eligibility.

The Loyalty Program is open to individuals residing in the 48 continental United States and the District of Columbia (excludes Alaska, Hawaii, Puerto Rico, U.S. Virgin Islands, and all other territories and possessions) to U.S. residents for personal, non-commercial use only (“Members”). You must be eighteen (18) years of age or older to participate in the Loyalty Program. If you are under the age of 18, you may participate in the Loyalty Program only under the supervision of a parent or legal guardian who agrees to be bound by these Program Terms. Eligibility is limited to individuals only and is limited to one account per natural person. Eligibility is not available to businesses, corporations, partnerships, enterprises, Company employees, Company independent contractors and individuals already receiving discounts on regular priced products.

3. Enrollment.

To participate in the Loyalty Program, you must have an account with the Company. By creating a Bonnie Rewards account with the Company on bonnieplants.com, you will be automatically enrolled in the Loyalty Program. No purchase is necessary to create an account. You must provide all required information to create your account, including a valid email address. Company reserves the right to refuse enrollment in the Loyalty Program to any individual who does not meet eligibility requirements as described in Section 1.

Your account is personal to you and may not be sold, transferred, or assigned to, or shared with, family, friends, or others, or used by you for any commercial purpose. You may have only one (1) account that is personal to you and associated with the Loyalty Program.

Company reserves the right to suspend or terminate any account and/or your participation in the Loyalty Program if Company determines, in its sole and absolute discretion, that the account holder has abused its privileged, has violated or acted inconsistently with these Program Terms or applicable law, or otherwise acted in a manner harmful to our interests. Without notice to you, Company may, in its sole and absolute discretion, suspend, cancel, or combine and/or transfer points for Loyalty Program accounts that appear to be duplicative or fraudulent.

4. Program Service.

We offer you the ability to participate in the Loyalty Program through bonnieplants.com (“Website”). The Website may offer you certain features and services that allow you to manage your account. These features and services may include the ability to: (i) check your Points balance; (ii) redeem your Points; (iii) update your account information; and (iv) reset your password. Some features of the Loyalty Program (including the Website and its supported platforms, websites or other services) (collectively, “Program Service”) may change from time-to-time and be discontinued without notice. Use of a feature constitutes your consent to all feature functionality, including data collection and use.

5. Program Communications.

Company will communicate with you about marketing via mail, email, and other channels, including about special offers and more. You acknowledge that Company may (i) communicate with you about Loyalty Program changes and promotional materials; (ii) share your information with our trusted service providers in connection with the Loyalty Program; and (iii) share your information and data about you as set forth in our Privacy Notice. Company will also use these channels to communicate Points, eligibility for a benefit, and more. Please note that even if you opt out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.

6. Program Features; Earning Points; Redeeming Points.

Program Features. By enrolling in the Loyalty Program, reward points (“Points”) can be accumulated and redeemed on an individual basis. Points are automatically tracked at the time of the qualifying purchase on the Website, transaction, activity, or other actions or opportunities as defined by Company from time to time (“Qualifying Activity”). For clarification, purchases outside of the Website do not constitute a Qualifying Activity; these purchases are not eligible to earn Points. Points for any single Qualifying Activity will be credited to one (1) account.

Earning Points. You must be logged into your account to earn Points. Points will be added automatically to your account upon participating in a Qualifying Activity mentioned on bonnieplants.com.

In certain cases, it may take up to twenty-four (24) hours for Points to be credited to your account. Company shall not be responsible for, or liable to, any Loyalty Program participant, in any way, for any losses, costs, or expenses incurred by a delay or error in crediting your account.

Loyalty Program members receive 1 point for every $1 spent on eligible purchases on bonnieplants.com (“Qualified Orders”), and may potentially earn more points based on promotional offerings. Eligible purchases include regular and sale priced merchandise and exclude gift cards, sales tax, state fees, discounts, shipping and delivery charges and/or other excluded charges specified by us from time-to-time. Points are only awarded based on full dollars spent; purchase prices will be rounded down to the nearest full dollar amount in order to calculate rewards.

Points Balance. The Points that you have earned can be viewed in your account when logging into bonnieplants.com. If you return a purchased item, for which you have earned Points, the Company reserves the right to deduct such Points from your account. Please note that returning a purchased item may potentially result in a negative balance in your account.

Redeeming Points. Redemption of Points are awarded in the form of a discount code that can be found in your account immediately upon earning. Discount codes are not redeemable for cash, are non-transferrable and are only redeemable for purchases made on the Website. Discount codes are provided in tiers and the discount code that is available to you is based on the number of Points available in your account. You must have at least enough available Points in your account to redeem for the discount code in the tier. To redeem your Points for a discount code, you must be logged in to your account. You may use the discount code on your purchases on the Website. When you check out, the subtotal of your purchase order (after all promotions, if applicable, have been applied) must be equal to or greater than the value of the discount code.

You may redeem a maximum of 200Points ($20) per order. Points cannot be stacked with other discounts available online at the time of redemption. Points will be subtracted from your account immediately upon your redemption of your Points for a discount code. Any additional, unredeemed Points will be saved in your account and can be redeemed with future orders. If you redeemed your Points and used the discount code to purchase an item and then subsequently return or cancel your order , the Points may be restored to your account, in Company’s sole and absolute discretion.

You may not redeem your Points and obtain a discount code in the same purchase or transaction in which the Points are earned. Points may only be redeemed in a separate, subsequent purchase or transaction. Attempts to redeem single-use discount codes multiple times or through multiple users constitutes fraud and may result in the termination or suspension of your account. Determinations regarding redemption of Points are subject to Company’s sole and absolute discretion.

Points Expiration. You will retain active status in the Loyalty Program by participating in a Qualifying Activity (“Active”). You will lose your Active status in the Loyalty Program if you do not participate in a Qualifying Activity for eighteen (18) months or more. All unredeemed Points will expire if you lose your Active status in the Loyalty Program. If you have any questions regarding the date of your last Qualifying Activity, please view your account by logging into bonnieplants.com.

Cancellation; Termination.

You may opt out of the Loyalty Program at any time, for any reason by sending a message via https://bonnieplants.com/pages/contact . Upon cancellation or termination of your Loyalty Program account, all unredeemed Points will be removed from your account and Company has no obligation and shall not compensate you for any unredeemed Points. Upon cancellation or termination of your participation in the Loyalty Program for any reason, you will no longer receive Points for a Qualifying Activity. If you re-enroll in the Loyalty Program, your previous unredeemed Points will not be added to your Account.

7. Promotions

From time to time, we may in our sole discretion, run promotional programs associated with the Loyalty Program (“Promotions”). Such Promotions are subject to these terms, as well as additional terms as indicated in connection with the Promotions. We reserve the right to modify the terms and conditions of any Promotion at any time, including and up to terminating the Promotion.

8. Limitation of Liability & Disclaimers.

IN NO EVENT WILL COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE PROGRAM, THESE PROGRAM TERMS, OR COMPANY’S OPERATION OF THE LOYALTY PROGRAM.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE LOYALTY PROGRAM, INCLUDING THE WEBSITE, ANY LOYALTY PROGRAM-SPECIFIC WEBSITE(S) OR APPLICATION(S), STATUS, POINTS, BENEFITS, AND ITEMS REDEEMED WITH POINTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

Company makes no warranty that the Loyalty Program, the Website, and any Loyalty Program-specific website(s) and application(s) will be uninterrupted, timely, secure, or error free. Company is not responsible for: (i) any loss or misdirection of, or delay in receiving, any enrollment application, correspondence, Points, or Points redemption requests; (ii) theft or unauthorized redemption of Points; (iii) any acts or omissions of third parties; or (iv) any errors published in relation to the Loyalty Program, including, without limitation, any typographical errors, errors of description, and errors in the determination of Points. Company reserves the right to correct, without notice, any errors.

9. Termination.

Loyalty Program membership has an indefinite duration. Company reserves the right, in its sole discretion, to modify, suspend, or terminate the Loyalty Program and/or any part thereof, including without limitation any Points offered, at any time and for any reason, without any compensation to Loyalty Program participants. Company cannot and does not guarantee that all participants will be notified of such changes to the Loyalty Program. Company may not issue you any Points, and you will forfeit all Points earned, if Company (i) suspends or terminates your participation because of conduct that Company determines, in its sole discretion, violates these Program Terms or any applicable law, involves fraud, attempted fraud, or misuse of Loyalty Program participation, or is harmful to the interests of Company or its customers; or (ii) modifies, suspends, or terminates the Loyalty Program. Company also reserves the right to deny future enrollment if Company deems your conduct to have violated these Program Terms. Company’s failure to insist upon or enforce your strict compliance with these Program Terms will not constitute a waiver of any of Company’s rights.

10. Modifications; Updates to Program Terms.

You specifically acknowledge that Company has the right to modify the Program Terms and to correct any errors in the Loyalty Program, including, without limitation, any typographical errors, errors of descriptions, and errors in the crediting or debiting of benefits.

These Program Terms shall govern the Loyalty Program as it applies to you from time-to-time. As the Loyalty Program evolves, the terms and conditions under which Company offers the Loyalty Program may be modified and Company may cease offering the Loyalty Program under the Program Terms for which they were previously offered. These Program Terms regarding the Loyalty Program may be updated by Company at any time. You understand and agree that each time you use the Loyalty Program, you are entering into a new agreement with Company on the then-applicable terms and conditions and you agree that Company may notify you of new terms by posting them on the Website (or in any other reasonable manner of notice which Company elects), and that your continued Loyalty Program participation after such notice constitutes your going forward agreement to the new terms for your new use. Therefore, you should review the posted Program Terms each time you use the Loyalty Program. Any new Program Terms will be effective as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Program Terms that applied when you previously transacted will continue to apply to such prior transactions (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs.

In the event any tribunal finds any changed terms to be invalid, unenforceable or illegal, such will be severed to the extent necessary for the remainder to be valid and enforceable. You should frequently check the Website and the email associated with your Loyalty Program participation for notices, both of which you agree are reasonable manners of providing you notice. Your continued participation in the Loyalty Program constitutes acceptance. You can reject any new, revised or additional terms by terminating your Loyalty Program participation as set forth in Section 6.

11. Dispute Resolution and Class Action Waiver; Governing Law.

Applicability. YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND COMPANY (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO YOUR USE OR ACCESS TO THE WEBSITE.
DISPUTE NOTICE AND INFORMAL DISPUTE RESOLUTION. If a dispute should arise between you and Company we want to provide you with a resolution that is efficient and cost effective. Before initiating an action, you and Company each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (i) a written description of the problem and relevant documents and supporting information; and (ii) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to [Insert Details], or (2) emailed at [Insert Email Address]. You and Company agree to make attempts to resolve the dispute prior to commencing any legal action, including the filing of a lawsuit, until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Company may commence a lawsuit.
NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.
ANY ACTION MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE CAUSE OF ACTION OR CLAIM ARISES.
WAIVER OF JURY TRIAL. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES.
Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Program Terms, or the rights and obligations of you and Company in connection with the Loyalty Program, shall be governed by, and construed in accordance with, the laws of the State of [Insert State], without giving effect to any choice of law or conflict of law rules (whether of the State of [Insert State] or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of [Insert State].

12. General Program Information.

These Program Terms are void where and to the extent prohibited by applicable law. The interpretation and application of these Program Terms is in the sole discretion and determination of Company, which in each case you irrevocably agree shall be conclusive.

Collectively, the Program Terms, any applicable Additional Terms, and any terms incorporated into such by reference, constitute our complete agreement with you regarding the Loyalty Program and supersede all prior agreements, offers or representations, and can only be amended or waived by an authorized officer of Company.