AtmosFX Loyalty Program Terms and Conditions

Last Updated: June 15, 2018

Become a Loyalty Member

The AtmosFX Loyalty Program (“Program”) allows individuals to earn “Gourdy Points” for every U.S. dollar spent on merchandise and through certain other activities at atmosfx.com. Gourdy Points may then be exchanged for certain rewards (“Rewards”). To participate in the Program, you must create an AtmosFX customer account (“Account”). No purchase is necessary to open an Account.

Rewards

Gourdy Points may be redeemed for Rewards to be determined by AtmosFX in its sole and absolute discretion; provided, however, that in order to redeem your points for any Reward, you must accumulate a minimum number of points as established by AtmosFX. We will, in our sole discretion, determine and communicate the availability and exchange rate for any Gourdy Points and Rewards, which may be modified at any time. We reserve the right to cancel, restrict or terminate Gourdy Points and/or Rewards at any time for any reason. Gourdy Points are not your property, have no cash value, and cannot be transferred during or after your life, by operation of law or otherwise. Gourdy Points can only be redeemed for Rewards. While we may use terms like “buy”, “purchase” or “sell” in reference to Gourdy Points, we do so only for convenience and such terms in no way indicate that Gourdy Points have monetary value or are real money. Gourdy Points are never redeemable for cash.

Rewards are available with Gourdy Point redemption while supplies last and substitutions by AtmosFX may occur. You are not required to redeem a Reward during checkout. From time to time, you may also receive additional loyalty-related benefits unique to Program members and other preferred customers. Taxes and all other costs, including shipping and handling, are not included in Rewards.

Gourdy Points obtained via the Program are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license. Rewards may be subject to a separate third-party license or agreement. Except as perhaps specifically provided to you in writing by a third party as to third-party Rewards, you have no property interest, right or title in or to any such Gourdy Points or Rewards appearing or originating in the Program, or any other attributes associated with use of the Program. Any Gourdy Points balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

Current Eligible Rewards may be found at https://atmosfx.com/pages/current-eligible-rewards. You must log in to your Account each time to identify yourself as a Program member to obtain the Program benefits, or to update your order, billing or any other information on file with AtmosFX. If relevant, you must also complete your activity, and provide evidence of such completion, to the satisfaction of AtmosFX (which AtmosFX may exercise in its sole discretion) before you will be awarded Gourdy Points. You will generally receive your points within ten (10) business days of completion of your activity.

Gourdy Points will be deducted from your Account at the time that you request for your points to be redeemed for a Reward. All redemptions are final. Rewards will not be replaced or reissued, nor will Gourdy Points be re-credited.

You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your Gourdy Points. You absolve us of any responsibility to maintain or update the Gourdy Points in your Account. However, if there is a loss of Gourdy Points in your Account due to our technical or operational problems with the Program, we will refund the lost Gourdy Points once the loss and cause have been verified. Without limiting any of the foregoing, our maximum liability or responsibility to you is to refund the Gourdy Points lost.

Eligibility

The Program is void where prohibited by law. To participate in the Program, individuals must be at least eighteen (18) years of age and an age of majority in your jurisdiction of residence. Employees of AtmosFX and its respective related companies, agents and suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are eligible to participate. However, resellers of AtmosFX products are not eligible for participation in the Program. The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating Gourdy Points for combined use.

Termination of Membership

If you decide to close your Account, or if we suspend or terminate your account, or if we discontinue availability of some or all of the Program, you will no longer have access to your accumulated Gourdy Points or any other Rewards or benefits provided to Program members. We may at any time expire free or promotional Gourdy Points given to you. As a Program member, you may close your Account at any time by contacting customer support at support@atmosfx.com.

Returns

All returns are subject to AtmosFX’s Returns and Refund Policy.

General

From time to time, AtmosFX may also choose in its sole discretion to add or remove Program member benefits or Rewards. You may not transfer or assign your Account or any accumulated Gourdy Points or Rewards. These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with AtmosFX for products, services or otherwise.

AtmosFX reserves the right to cancel the Account of anyone who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or any federal, state, local, provincial, or territorial laws, statutes or ordinances. Cancellation of your Account may result in the loss of all accumulated Gourdy Points, Rewards, and benefits. In addition to cancellation of your Account, AtmosFX has the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

Limitation of Liability

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN ATMOSFX’S TERMS OF USE AND ANY OTHER AGREEMENTS, IN NO EVENT WILL ATMOSFX OR OUR DIRECTORS, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE ATMOSFX LOYALTY PROGRAM. ATMOSFX’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE PURCHASE PRICE OF YOUR ORDER FROM ATMOSFX. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN INTERNATIONAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

AtmosFX Terms of Use; Amendment

All Terms of Use associated with the use of the AtmosFX website (atmosfx.com), including the Atmosfx Privacy Policy, apply to you as a Program member and are incorporated herein by reference. AmosFX may amend the AtmosFX Loyalty Program Terms and Conditions and the website Terms of Use from time to time at its discretion.