Loyalty Program Terms and Conditions

Hero Cosmetics Loyalty Program Terms and Conditions
Last updated: May 20, 2024

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE HERO COSMETICS LOYALTY PROGRAM. YOUR PARTICIPATION IN THIS PROGRAM CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS, THE HEROCOSMETICS.COM WEBSITE TERMS OF SERVICE (“WEBSITE TERMS OF SERVICE”), THE HERO COSMETICS MESSAGING TERMS & CONDITIONS (“MESSAGING TERMS & CONDITIONS”), THE HERO SKIN SQUAD TERMS OF SERVICE (“SKIN SQUAD TERMS OF SERVICE”) AND COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR PRIVACY POLICY, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THE WEBSITE TERMS OF SERVICE, THE MESSAGING TERMS & CONDITIONS, THE SKIN SQUAD TERMS OF SERVICE OR OUR PRIVACY POLICY, DO NOT PARTICIPATE IN THIS PROGRAM.

MANDATORY ARBITRATION AND CLASS ACTION WAIVER: PLEASE NOTE THAT THE WEBSITE TERMS OF SERVICE INCORPORATED BY REFERENCE IN THESE TERMS REQUIRE THAT DISPUTES BE RESOLVED ONLY BY BINDING ARBITRATION (AND NOT BY COURT LITIGATION), THAT YOU WAIVE YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL, AND THAT YOU WAIVE ANY RIGHT TO BRING CLASS ACTIONS AGAINST US. PLEASE REVIEW SECTION 11 OF THE WEBSITE TERMS OF SERVICE FOR COMPLETE DETAILS REGARDING THE DISPUTE RESOLUTION PROCESS OF ARBITRATION AND CLASS ACTION WAIVER.

1. PROGRAM ELIGIBILITY AND MEMBERSHIP
The Hero Cosmetics Loyalty Program (the “Program”) is a two (2) tiered loyalty and rewards program, with The Skin Ace tier (“Skin Ace - Tier 1”) and The Glow Pro tier (“Glow Pro - Tier 2”), which is offered at the sole discretion of Church & Dwight Co., Inc. on behalf of its brand, Hero Cosmetics (“Hero Cosmetics”, “we”, “our” or “us”). There is no purchase, payment or credit card required to sign up for, join and/or participate in Skin Ace - Tier 1 of the Program. Members in Skin Ace - Tier 1 have the option to advance to Glow Pro - Tier 2 based upon their level of spend. Members of the Program can earn rewards through the accumulation of points which are earned through qualifying purchases, participation in Program activities and engagement and/or automatically through Program participation and qualifying events. To achieve a particular Tier status, you must achieve the following spend in a rolling year (i.e., a rolling 12 consecutive month), exclusive of applicable taxes and shipping fees:

Skin Ace - Tier 1 = 0 to $74

Glow Pro - Tier 2 = $75 or more

Participants are automatically enrolled in Skin Ace – Tier 1 when they opt in to the Program and sign up for a Program account. Participants are also automatically enrolled if they make an online purchase from our website, www.herocosmetics.com, and opt in to the Program when they create a Program account to access rewards. Program participants can achieve Glow Pro – Tier 2 status by spending $75 or more (exclusive of applicable taxes and shipping fees) in a rolling year from the initial date upon which they earned Skin Ace – Tier 1 status (i.e., within the 12 consecutive month period starting from the date upon which they became a Skin Ace – Tier 1 member). If a Program participant achieves Glow Pro – Tier 2 status, that participant will remain in Glow Pro – Tier 2 status for one (1) rolling year (i.e., for a 12 consecutive month period) from the date upon which they achieved Glow Pro -Tier 2 status. At the end of that rolling year, the participant’s tier status will reset and that participant will be dropped back down to Skin Ace – Tier 1. By way of example, if you sign up for the Program on June 1, you have from June 1 of this year until May 31 of next year to achieve Glow Pro – Tier 2 status by spending $75 or more (exclusive of applicable taxes and shipping fees) during that rolling year of June 1 to May 31 (“Rolling Year 1); if during Rolling Year 1, you spent $75 or more (exclusive of applicable taxes and shipping fees) on August 1 (by way of example), you would move up to Glow Pro – Tier 2 and remain in Glow Pro – Tier 2 until July 31 of the following year, after which you would tier back down to Skin Ace – Tier 1.

To be eligible for participation in the Program, you must be a legal resident of the fifty (50) United States or District of Columbia and at least eighteen (18) years of age or older and the age of majority in your state of legal residence. We will not collect personally identifiable information from any person that is actually known to us to be a child under the age of thirteen (13). Persons under the age of eighteen (18) or the applicable age of majority in their legal state of residence are not eligible to participate in the Program. The Program is available only to individuals for their personal, non-commercial use and is limited to one (1) account per individual. Employees of Hero Cosmetics and its parent, subsidiaries, affiliates and divisions are eligible to participate in the Program only for personal, non-commercial use. The Program is void where prohibited or restricted by law.

By joining the Program and becoming a Program member, you agree that you have read, understood and agree to be bound by these Hero Cosmetics Loyalty Program Terms and Conditions (“Terms”) and by any changes or modifications that we may make hereto, as well as all other terms of use, terms and conditions, and policies incorporated by reference. Except as otherwise expressly prohibited or limited by applicable law, we reserve the right to revise, change, modify or limit these Terms at any time in our discretion with or without prior notice to you. If we do provide notice, we will do so via the email address associated with your Program account. You should review these Terms and the related FAQs frequently to understand the terms and conditions of the Program as they may change from time to time. When we make revisions or modifications to the Terms or related FAQs, they will be posted on the website at www.herocosmetics.com and will be effective immediately upon posting and will supersede all prior versions of these Terms and/or related FAQs. These Terms do not alter in any way the terms or conditions of any other agreement that you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website Privacy Policy, Website Terms of Service, the Skin Squad Terms of Service and our Messaging Terms & Conditions, which are incorporated herein by reference. Your continued participation in the Program after the posting of any revisions to its Terms and/or related FAQs shall confirm your acceptance of and agreement to be bound by the modified Terms and/or related FAQs, therefore you should periodically review them to be aware of any changes. If you do not agree to these Terms, our Messaging Terms & Conditions, our website Privacy Policy, our Website Terms of Service and the Skin Squad Terms of Service, you cannot participate in the Program. In the event of any conflict between these Terms and any other terms or policies incorporated herein by reference, these Terms shall govern as applicable to the Program.

2. Program Enrollment
2.1. Eligible individuals may enroll in the Program by opting in to the Program and creating a Hero Cosmetics account online at www.herocosmetics.com. It is free to sign up for a Hero Cosmetics account and you will be automatically enrolled in Skin Ace - Tier 1 of the Program upon opt-in to the Program and completion of the creation of your account. Guest Checkout shoppers will have the ability to opt-in to the Program prior to checkout by clicking the Rewards “Sign In” link accessible from their cart drop down and following the instructions to opt-in and create an account. There is no requirement to make any payment or purchase or to provide any credit card information to sign up for a Hero Cosmetics account or to be enrolled in Tier 1 of the Program.

2.2. To create a Hero Cosmetics account and be enrolled in the Program, you will be required to provide: your first and last name, valid email address, and the creation of an account password. You are solely responsible for maintaining the accuracy of your account information and for keeping it up-to-date as may be required. You may update your personal information by signing into your online account and accessing the “Your Profile” page or by emailing Customer Service at support@herocosmetics.com or by contacting Customer Service here. It is optional, and not required, to provide your birthday information, Instagram handle and/or address.

2.3. Only one Program account may be associated with a single email address. In the event of a dispute over the ownership of a Program account membership, the Program member will be deemed to be the authorized account holder of the email address associated with the Hero Cosmetics account at the time of Program enrollment. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Enrolling or attempting to enroll in the Program multiple times through the use of multiple email addresses is prohibited and any such action will be cause for termination of your participation in the Program.

2.4 Enrollment and participation in the Program are voluntary, optional and not required to complete any transaction or sale, including but not limited to, any credit or debit transaction.

3. How the Program Works/Program Rewards.
3.1. The Program allows you to advance in Tier status based on qualifying purchases and to earn points towards earning rewards/benefits associated with your Tier status based on qualifying purchases, engagement in Program activities and/or other actions, such as but not limited to, leaving product reviews, completing Skin Squad missions or quizzes, starting a product subscription or following Hero Cosmetics on any one or more of its social media pages. Program activities and other actions may be subject to change in our sole discretion and may be subject to limitations or restrictions. Some of the Program activities and actions are detailed below. When you advance a Tier status, it will reflect in your Program account and you may be eligible for certain benefits and to redeem rewards available to members of that Tier status. Each Tier status offers different benefits and rewards (some of which are detailed below), which benefits and rewards are offered at our sole discretion and may change from time to time with or without notice and may be offered on a limited basis. Visit our FAQs and Program dashboard page to learn more about how to earn rewards and the benefits available to each Tier status.

3.2. Purchases made online at www.herocosmetics.com (the “Site”), excluding taxes, shipping and handling charges and any other fees associated with your purchase, are eligible for earning points towards rewards/benefits in the Program (a “Qualifying Purchase”). For each Qualifying Purchase, members of the Skin Ace -Tier 1 will earn 1 point for every $1.00 spent (which, if applicable, will be rounded down to the nearest dollar after any discounts or rewards are applied). By way of example, if your total Qualifying Purchase comes to $25.00, you will earn 25 points; if your total Qualifying Purchase comes to $24.99, it will be rounded down to $24.00 and you will earn 24 points. Members of the Glow Pro – Tier 2 will earn 1.5 points for every $1.00 spent. Typically, points cannot be earned from past purchases or prior to your enrollment in the Program, with one limited exception. The limited exception applies if you made a Qualifying Purchase using Guest Checkout and subsequently sign up for the Program; when you subsequently sign up for the Program, any prior Qualifying Purchases that are associated with the email address used to sign up for your Program account will retroactively apply as earned points to your account solely for the purpose of earning rewards and will not count towards your spend for the purpose of tier advancement. Program rewards cannot be applied towards past purchases or prior to your enrollment in the Program.

3.2.1. If you are a Program member, to earn points and any associated rewards/benefits for a Qualifying Purchase made through the Site, you must be logged into your account at the time of purchase or, if you check out as a Guest, you must check out using the email address associated with your Program account. Typically, points cannot be earned retroactively for orders that have already been completed prior to logging into your account and rewards/benefits cannot be earned retroactively for orders that have already been completed prior to logging into your account. However, if you are enrolled in the Program and use Guest Checkout with an email address that is not associated with your Program account, you may contact us by email at support@herocosmetics.com or here to request assistance in getting your points applied to your account.

If you are not enrolled in the Program and use Guest Checkout, you will have the opportunity to earn points for your Guest Checkout purchase by opting-in to the Program prior to checkout by clicking the Rewards “Sign In” link accessible from your cart drop down and following the instructions to opt-in and create an account. Points earned for Qualifying Purchases will be issued immediately to your account. You can check for your available awards online at any time through your account. Please note that there may be a delay in our systems communicating and points could take anywhere from minutes to several hours to appear in your account after a Qualifying Purchase.

3.2.2 If you return an item from a Qualifying Purchase for a refund to your original method of payment, you will be refunded the dollar amount that you paid for that Qualifying Purchase and any points earned from that Qualifying Purchase will be deducted from your Program account (and, in some cases, could leave a negative points balance in your account). Dollar-off rewards are a one-time use and will not be credited back to your account. In the case of a multi-item purchase, which results in a partial return and refund, the points earned from that original purchase will be deducted from your account in an amount equal to the points originally earned and attributable to only the returned items. If the item is instead exchanged, the points earned will remain the same. Points credited to your account will be decreased or reversed, as applicable, if all or part of your Qualifying Purchase is cancelled or if a credit refund is obtained through fraudulent or other activity that violates these Terms.

3.3 You may earn points by submitting a product review on the Site . To submit a product review to earn points, you must be signed into your Program account and access the products page via the Program “Leave a Review” option. To access the Program “Leave a Review” option, visit the “Rewards” page accessed from your Program dashboard, click “Earn More” to access the “Earn More Points” page, and select the “Leave a Review” option to be redirected to the products page. Select the product you want to review, click the “Write A Review” link, complete all required fields and submit as directed. To receive reward points, product review must include the mandatory hashtag #incentivized. All product reviews must be truthful and accurately reflect your actual, honest opinion and experience regarding the reviewed product. In addition, all product reviews are subject to our Terms of Use and, by submitting your review, you agree to be bound by those Terms of Use. Your earned points will be pending until such time as the review is approved by Hero Cosmetics for compliance with these Terms and our Terms of Use and posted on the product page upon approval. Reviews that do not comply with these Terms and our Terms of Use, as determined by Hero Cosmetics in its discretion, will not be approved or posted and will not be eligible to earn points.

3.4. You may earn points by referring a friend to try Hero Cosmetics. The friend will receive a $10 discount off their first online purchase of $39 or more (excluding taxes and shipping fees) and, upon completion of your friend’s purchase, you will receive 10 points to your Program account. The friend must be a first-time customer in order to receive its discount and for you to receive points. In addition, the referral must be initiated through our rewards referral box on the Site or through your Program account.

3.5 You may earn points by joining the Hero Skin Squad community and completing qualifying missions or activities. It is free to sign up for the Hero Skin Squad. You may join by clicking the “Join Skin Squad” link on the Site homepage or visiting https://heroskinsquad.socialmedialink.com/dashboard#/, and completing all required fields on the sign-up form. For sake of clarity, you must be an eligible Program participant who is eighteen (18) years of age or older and the age of majority in your state of legal residence to qualify for earning points by joining the Hero Skin Squad community and completing qualifying missions or activities. The missions and activities that qualify for points will vary, as will the number of points that you can earn for completing any such mission or activity. The details of the missions and/or activity, and the potential number of points you can earn, will be found on the dashboard of your Hero Skin Squad account. You must be signed into your account to complete missions/activities and to earn points towards your Program account. Points earned for Skin Squad missions and activities during any given month will be deposited into your Program account at the end of that month.

3.6 If you elect to add your birth date to your account profile, on your birthday, you will automatically receive a birthday gift in the form of a promo code for use during your birthday month. No purchase required to receive your birthday gift. Birthday promo code is valid only online and for only a one-time use; it cannot be combined with any other coupons, discounts, offers or promotions. Hero Cosmetics reserves the right to modify or otherwise change the birthday gift to be received in our sole discretion and without prior notice.

3.7. Program rewards and benefits may include shipping upgrades, such as free shipping. Any such shipping benefits may vary by Tier status (see our FAQs and Program dashboard to learn more). Free shipping is domestic ground standard shipping only and is valid for shipping addresses in the fifty (50) United States and the United States territories.

3.8. Program points do not expire.

3.9. Program points, rewards and/or benefits have no cash value, cannot be sold and are non-transferable and you have no property rights in or to points, rewards or other Program benefits. Program accounts, rewards or benefits cannot be transferred to, shared or combined with any other person or Program member. Only the Program member that is paying for the Qualifying Purchase may accumulate rewards and benefits and only the Program member may redeem rewards that have accumulated in that member’s account. The sale, barter, transfer or assignment of any reward or benefit offered through the Program, other than by us, is expressly prohibited and will be cause for termination of your participation in the Program, and any rewards or benefits offered by us under the Program are subject to change at any time in our sole discretion, without prior notice.

3.10. This Program, participation in the Program and any rewards/benefits available through the Program are for the participating Program member’s individual, personal, and non-commercial use only; Qualifying Purchases, rewards and benefits are for the individual participating Program member’s own personal consumption, use or enjoyment and may not be bartered, traded, sold or resold. Any violation hereof, including but not limited to, participation in the Program and/or use of any Program rewards/benefits in a fraudulent or abusive manner, is grounds for termination of your participation in the Program. We reserve the right, without notice, to cancel or reduce the quantity of rewards/benefits issued or any related purchase(s) made under the Program at any time, in our sole discretion. We also reserve the right, without notice, to change Program benefits and ways in which rewards may be earned or redeemed at any time, in our sole discretion. We reserve the right to place limitations on the number of Qualifying Purchases that are eligible for the Program and/or the number or types of rewards that you may receive or earn during any given period of time or for the duration of the Program and/or any combination thereof.

3.11. We are not responsible for points or rewards that may be lost or redeemed as the result of any fraudulent activity.

3.12. We reserve the right to determine the points and/or rewards in any Program member’s account based upon our internal records related to such member’s account. A member’s points/rewards shall be deemed correct and accurate as reflected in our records and our good faith determination of the amount of points/rewards available to any member shall be final and binding and shall not be subject to any right of appeal.

If you have concerns regarding your Program account activity, including, by way of example and not limitation, rewards earned for a Qualifying Purchase that have not been properly applied to your Program account, please contact our Customer Service by email at Privacy Policy.

4. Communications

4.1. By enrolling in the Program, you will be automatically subscribed to receive marketing emails from Hero Cosmetics, including Program-related communications.

4.2. You may opt out of receiving marketing emails from Hero Cosmetics at any time by clicking the “unsubscribe” link in the email to manage your preferences or as otherwise provided in the Hero Cosmetics Privacy Policy. You may choose to receive only Program-related communications. Examples of these communications include emails relating to your Program account, rewards redemption or other Program service-related emails.

4.3. Promotional Text Message Consent: At your sign up for the Program or any time after your enrollment, by checking the box to opt in to the receipt of text messages from Hero Cosmetics, you consent to receive recurring automated promotional and personalized marketing text messages from Hero Cosmetics at the mobile telephone number you provided and agree to the HeroCosmetics.com Messaging Terms & Conditions . Consent is not a condition to purchase. Message and data rates may apply.

4.4. User Opt Out: Notwithstanding anything to the contrary herein, if you do not wish to receive additional text messages as set forth in Section 4.3, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to any mobile message from Hero Cosmetics or sent on behalf of Hero Cosmetics in order to opt out of the promotional text message program. You may receive an additional text message confirming your decision to opt out. You understand and agree that the foregoing options are reasonable methods of opting out and are the exclusive means of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above, sending an email, or verbally requesting one of our employees to remove you from our list, are not reasonable means of opting out.

4.5. Duty to Notify and Indemnify: You represent and warrant that you are the subscriber and/or the regular user of the mobile telephone number that you provided to us. If at any time you intend to stop using the mobile telephone number that you provided to us, including canceling your service plan or selling or transferring the mobile telephone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the text messages, as a result of claims brought by any individual(s) later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of these Terms, the Messaging Terms & Conditions and/or the Program.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED OR FROM YOUR PROVISION OF A MOBILE TELEPHONE NUMBER FOR WHICH YOU ARE NEITHER THE SUBSCRIBER OR USER, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

4.6. Prohibited Content: You acknowledge and agree to not send any prohibited content over the text message platform. Prohibited content includes: any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; pirated computer programs, viruses, worms, Trojan horses, or other harmful code; any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.

5. Privacy

5.1 We value and respect your privacy. The personal information that we collect from you in connection with the Program is subject to our Privacy Policy and will be used and disclosed by us for the purpose of administration of the Program, providing you with any rewards or benefits that you redeem under the Program, marketing in connection with the Program, other marketing communications that you have opted in to receive and as otherwise permitted by our Privacy Policy. If you communicate with us via any of your social media accounts, we will use your social media account information only as permitted under our Privacy Policy.

5.2 California Notice of Financial Incentive/Colorado Loyalty Program Disclosures
California residents: Under California law, the Program may be considered a “financial incentive”.
Colorado residents: Under Colorado law, the Program may be considered a “Bona Fide Loyalty Program”.
To view our Notice of Financial Incentives & Non-Discrimination/Bona Fide Loyalty Program, see our Privacy Policy.

6. Program Termination, Cancellation or Modification

6.1. The Program and its benefits are offered at Hero Cosmetics’ sole and unfettered discretion. We may terminate, cancel, modify or restrict these Terms and/or the Program or any aspect of it at any time. For any changes to our Terms and/or the Program that may materially affect your ability to use or collect points, we will provide prior notice as a courtesy in advance of such change. However, we reserve the right to make any said changes at our sole and unfettered discretion and with or without prior notice to you, even if any such actions by us may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem earned rewards that had already accumulated.

6.2. If you decide that you no longer want to participate in the Program, whether as a member of Tier 1 or Tier 2, as applicable, you may cancel your membership at any time by contacting our Customer Service team by email at support@herocosmetics.com or here. Any accrued points and/or unused rewards or benefits will be forfeited and expire immediately upon your membership cancellation.

6.3. We reserve the right, in our sole and unfettered discretion, to terminate any member from the Program for any reason, including but not limited to, a member’s failure to comply with these Terms, the Terms of Use of the Hero Cosmetics Site, the Messaging Terms & Conditions, any suspected abuse of the Program, illegal activity, fraud or other conduct that we may deem in our sole and unfettered discretion to be inconsistent with these Terms and/or the Program.

6.4. If your membership in the Program is cancelled by you or terminated by us, you will lose all accrued points, rewards and benefits in your Program account at the time of such cancellation or termination.

7. Disclaimer of Warranties; Limitation of Liability

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to participate in the Program. To the fullest extent permitted by applicable law, your participation in the Program, and our obligations and liabilities in respect thereto, is expressly limited as follows:

7.1. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, NEITHER HERO COSMETICS NOR ITS PARENT, SUBSIDIARIES, DIVISIONS, AFFILIATES, AND/OR RELATED COMPANIES, PARTNERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7.2.YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER HERO COSMETICS NOR ITS PARENT, SUBSIDIARIES, DIVISIONS, AFFILIATES, AND/OR RELATED COMPANIES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY: (A) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE CONTENT OF THESE TERMS, THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM; (B) PERSONAL INJURY, PROPERTY DAMAGE OR LOSS, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM; (C) INTERRUPTION OF BUSINESS; (D) DELAYS OR INTERRUPTION IN ACCESS TO THE PROGRAM; (E) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE SITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (F) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THIRD PARTY SITE(S); (G) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE HERO COSMETICS SITE OR ANY THIRD PARTY SITE(S) ASSOCIATED WITH THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH; (H) DATA NON-DELIVERY, LOSS, THEFT, MISDIRECTION, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (I) EVENTS BEYOND OUR REASONABLE CONTROL.

7.3.YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER HERO COSMETICS NOR ITS PARENT, SUBSIDIARIES, DIVISIONS, AFFILIATES, AND/OR RELATED COMPANIES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM AND/OR YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY PROGRAM REWARD OR BENEFIT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

7.4.YOU AGREE THAT NO CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATED TO, THESE TERMS, YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. TO THE EXTENT PERMITTED BY LAW, IF YOU HAVE A DISPUTE WITH US REGARDING THE PROGRAM OR ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE REMEDY SHALL BE TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM AND WE SHALL HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.

8. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HERO COSMETICS, ITS PARENT, SUBSIDIARIES, DIVISIONS, AFFILIATES, AND/OR RELATED COMPANIES, PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, VENDORS, MANUFACTURERS AND DISTRIBUTORS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, DEMANDS, CHARGES, COMPLAINTS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES), ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM AND/OR YOUR BREACH OF ANY OF THESE TERMS. WE RESERVE THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY CLAIM SUBJECT TO THIS INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH US IN ASSERTING ANY AND ALL AVAILABLE DEFENSES.

9. Governing Law
The Program and these Terms shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any conflict of law provisions.

10. Customer Service
For information about the Program or your membership, contact our Customer Service team via email at support@herocosmetics.com or here. Please also visit our FAQs for answers to frequently asked questions about the Program.