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ARBITRATION OF CLAIMS:

PLEASE READ THESE PROGRAM TERMS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS AND REQUIRE BINDING ARBITRATION OF CLAIMS ASSOCIATED WITH THE PROGRAM, WAIVING CLASS ACTION CLAIMS ASSOCIATED WITH THE PROGRAM, AND WAIVING THE RIGHT TO TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT ANY AND ALL CLAIMS OR DISPUTES THAT ARISE OUT OF OR RELATE TO YOUR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION, RATHER THAN LITIGATION IN COURT. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY CLAIM ASSOCIATED WITH THE PROGRAM. SEE SECTION 13 BELOW FOR MORE DETAILS.

The Program is void where prohibited by law.

1. Overview

The Program is a customer-reward program that is available to eligible Bellemartk customers (see Section 2 below for full eligibility details). You can create a Program membership account ("Program Account"):

1. at any Bellemartk retail store in the United States (ask a store representative to help you begin the process),

2. by visiting Bellemartk.com (“Site”) and completing the Program Account registration form, or

3. by any other methods as Bellemartk may offer from time to time.

Eligible customers who sign up for a Program Account ("Members") will be able to earn points (“Bellemartk Points”) with each Earning Activity (as defined below). When you have earned the requisite amount of Bellemartk Points, those Bellemartk Points can be used to make Authorized Purchases (as defined below).

The Program terms include Exhibit A, which define the specific benefits available to members, eligibility for each membership tier within the Program, how Bellemartk Points are calculated, minimum Bellemartk Points required for redemption, and the value of Bellemartk Points. We may change these elements of the Program at any time.

2. Eligibility & Registration

The Program is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who are the age of majority in their jurisdiction of residence. You must provide us with all required information to register for a Program Account. A valid email address is required to set up a Program Account. Additional information, such as phone number, gender, and birth day and month only, may be required to receive some of the Program’s benefits. There is no cost to enroll and no purchase is necessary to enroll. When you enroll in the Program and create a Program Account, you are agreeing to receive e-mail messages related to the Program from Bellemartk. Members who have opted-out of receiving marketing emails from Bellemartk will still be able to participate in the Program and receive messages about their Program Account (e.g., Points balance, usage, and news about changes to these Program Terms). There is a limit of one (1) Program Account per individual/email address/phone number. You agree that you will not participate in the Program under more than one (1) Program Account. Corporations, groups, and associations are not eligible to register for a Program Account.

You agree you will not sell, transfer or assign your Program Account, any rewards or any membership rights. Bellemartk Points are not your personal property, are not descendible, and may not be inherited, bartered, purchased, or sold. For online users, you are responsible for maintaining the confidentiality of any login credentials and for restricting access to your computer (or other device, as applicable) so that others may not access your Program Account.

3. Earning Bellemartk Points through Earning Activities; Redeeming of Bellemartk Points

Bellemartk Points are earned when Members engage in one the following: (a) making qualifying purchases from a Bellemartk retail store in the United States, on the internet at Bellemartk.com (each an "Earning Purchase"); or (b) participating in other specific Member opportunities offered by Bellemartks from time-to-time ("Additional Earning Activities"). Together, these are defined as “Earning Activities.” The details of an Additional Earning Activity, including a description of the conduct required, the number of Bellemartk Points available and any additional terms will be as communicated to the eligible Member(s) by email or in another communication from Bellemartk.

Earning Activities only count toward the earning of Bellemartk Points once you have a valid Program Account. In order to earn Bellemartk Points for an Earning Purchase at a Bellemartk retail store, you must present your email address to a Bellemartk representative when prompted. In order to earn Bellemartk Points for an Earning Purchase on Bellemartk.com, you must be signed into your Program Account upon checkout. Members do not earn Bellemartk Points on purchases of a gift card, but do earn Bellemartk Points upon redemption of a gift card. Bellemartk Points are not accrued for previous purchases, existing special orders, charity items, gifts-with-purchase, giveaways, coupons, credit card payments, layaway items, processing charges, delivery surcharges, shipping and handling, taxes, or state and any other applicable governmental fees, and are calculated after deduction of any discounts. Bellemartk will not retroactively apply Bellemartk Points for purchases made without presenting the required information at time of purchase. Bellemartk Points are also not earned on: unauthorized or fraudulent charges or purchases made by, or for, a business/group or for a business purpose. Redemption of Bellemartk Points or use of store credit or merchandise credit does not earn Bellemartk Points.

For in-store Earning Purchases, Bellemartk Points will appear in your Program Account within approximately forty-eight (48) hours of your completion of your Earning Purchase. Bellemartk Points for Earning Purchases at Bellemartk.com qualify for Bellemartk Points once all items have shipped, which means that items in the same transaction that are shipped separately will all qualify for Bellemartk Points after the final item(s) have shipped. The timing of Bellemartk Point qualification for Additional Earning Activities may vary, but will appear in your Program Account within approximately thirty (30) days of your completion of an Additional Earning Activity. You may view your Program Account summary by logging in at Bellemartk.com and navigating to the Program Account area.

In the event that Bellemartk Points are redeemed, but later found to have not been available to you for redemption (e.g., due a return), then in addition to any other actions we may take, future Bellemartk Points earnings will be applied to the deficit until such time as sufficient new Bellemartk Points are earned to cover the erroneous redemption of Bellemartk Points. Bellemartk Points will not be available for redemption until you again have achieved the minimum redemption balance. Bellemartk Points you earn may not be combined with Bellemartk Points earned by anyone else for any purpose. Bellemartk Points earned have no cash value, and cannot be purchased, sold, bartered or redeemed for cash, unless required by applicable law. If Bellemartk Points earned are determined to be unauthorized or fraudulent, you will not be eligible to redeem those Bellemartk Points.

See Exhibit A for current information regarding benefits, how Bellemartk Points are calculated, how many Bellemartk Points must be accrued to redeem Bellemartk Points, and the value of Bellemartk Points.

4. Point Expiration; Reward Expiration; Returns & Exchanges; Errors

IF YOU DO NOT TAKE ACTION TO EARN POINTS THROUGH AN EARNING ACTIVITY FOR TWELVE (12) MONTHS, ANY UNUSED Bellemartk POINTS IN YOUR PROGRAM ACCOUNT WILL EXPIRE. MEMBERS WILL RECEIVE A REMINDER EMAIL APPROXIMATELY THIRTY (30) DAYS BEFORE Bellemartk POINTS EXPIRE.

If you return a purchase for which you earned Bellemartk Points in accordance with Bellemartk’s then current return policy, the Bellemartk Points associated with your Program Account will be reduced by the number of Bellemartk Points equivalent to the amount of the refund you receive. In the event of an even exchange, any Bellemartk Points earned in association with the original purchase will remain. In the event of an exchange of an item of lesser value, the difference in value from your original purchase will be deducted from your Program Account. In the event of an exchange for an item of greater value, any additional expenditure will accrue Bellemartk Points in accordance with these terms. Any new promotional offers in effect at the time of an exchange will not apply, nor modify your Program Account balance.

Our transactional records will be considered conclusive if there is a dispute about the number of Bellemartk Points or the number or value of any Bellemartk Points earned, redeemed or deducted. You should retain your copy of the receipt(s) and any other document which evidences your Bellemartk Point balance. Call us at 1-877-969-1952 thirty (30) days from relevant transaction date if you have any questions or concerns about your Bellemartk Points.

We accept no liability for any errors in the number of Bellemartk Points disclosed to you.

6. Bellemartk Points and Program Accounts Are Non-Transferable and Not Redeemable for Cash

Except where required by applicable law, Bellemartk Points do not have any monetary or cash value and they may not be redeemed for cash or, except under the Program, do not have any cash equivalent. Program Accounts are non-transferable. Rewards can be used only by the Program Account holder for Authorized Purchases made in-person or online by that Program Account holder.

7. Loss of Bellemartk Points; Termination of Your Program Account

In addition to termination of the Program pursuant to Section 12, below, Bellemartk may also revoke your ability to participate in the Program for any of the following reasons, in Bellemartk’s sole and absolute discretion: (i) your use of any "bot," macro, script, or other automated, robotic, mechanical, or programmed means to participate in the Program or earn Bellemartk Points; (ii) your failure to comply with these Program Terms and any other terms and conditions applicable to the Program; (iii) the attempted or actual sale or transfer of any of your Bellemartk Points or your Program Account; (iv) any misrepresentation or other fraudulent behavior by you; (v) repeated attempts to enter void codes; (vi) creation of multiple or fake Program Accounts; or (vii) any other conduct deemed by Bellemartk, in its sole discretion, to be: an abuse of the Program, detrimental to the interests of Bellemartk or its customers, fraudulent, illegal, or otherwise improper.

If your ability to participate in the Program is revoked, any unused Bellemartk Points will automatically expire and your future participation in the Program may be prohibited, in the sole and absolute discretion of Bellemartk.

Bellemartk is not responsible for Bellemartk Points that expire or are redeemed due to fraudulent activity. Suspected illegal, fraudulent, or other unauthorized use or misuse of Bellemartk Points, or any other activity inconsistent with these Program Terms may, in the sole and absolute discretion of Bellemartk, result in termination of your participation in the Program. Such termination will result in the loss of all accumulated Bellemartk Points earned but not yet redeemed.

You agree that Bellemartk’s decisions relating to the Program are final.

8. Program Account Closure

You may elect to close your Program Account at any time by calling Bellemartk at 915-449-5415. Upon any closure or termination of your Program Account, any Bellemartk Points associated with your Program Account will automatically expire and be forfeited. If you later elect to re-enroll in the Program, you will not have access to any Bellemartk Points associated with your terminated Program Account and your beginning balance of Bellemartk Points will be zero (with the exception of any welcome rewards added to your new account).

9. Updating Your Program Account

You may access and update your Program Account information, including your email address at a Bellemartk retail store, by emailing our Customer Service Team at This email address is being protected from spambots. You need JavaScript enabled to view it., or by calling us at 915-449-5415. It is your responsibility to keep your member information current, complete and accurate. You are solely responsible for any and all activities that occur under your Program Account.

10. Member Communication

You may view your membership activity via monthly Program Account status email communications, by logging-in to the Site and viewing your rewards profile, or by calling our Customer Service Team at 915-449-5415. A current, valid email address is required for a member to receive certain notices in the Program, including without limitation information about certain Additional Earnings Activities.

11. LIABILITY; INDEMNIFICATION

THIS PROGRAM IS MADE AVAILABLE TO YOU, ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Bellemartk LLC, AND ITS AFFILIATES, PARENTS AND SUBSIDIARIES (COLLECTIVELY, THE "Bellemartk BUSINESSES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE PROGRAM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Bellemartk BUSINESSES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE PROGRAM, FOR YOUR ACTION OR INACTION IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM OR FOR ANY DAMAGE YOU MAY INCUR IN CONNECTION WITH THE PROGRAM. YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER THE Bellemartk BUSINESSES OR THEIR AGENTS OR THIRD PARTY PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROGRAM, THE DELAY OR INABILITY TO PARTICIPATE IN THE PROGRAM OR OTHERWISE ARISING IN CONNECTION WITH THE PROGRAM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Bellemartk BUSINESSES ARE NOT LIABLE FOR THE CONDUCT OF OTHER PROGRAM MEMBERS. THE LIMITATION ON DAMAGES IN THIS SECTION IS NOT INTENDED TO LIMIT THE Bellemartk BUSINESSES’ OBLIGATION (IF ANY) TO PAY PREVAILING PARTY COSTS OR FEES, IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE Bellemartk BUSINESSES’ LIABILITY FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY THE Bellemartk BUSINESSES, OR FOR THE Bellemartk BUSINESSES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.

EACH MEMBER UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:

"GENERAL RELEASE; EXTENT. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE Bellemartk BUSINESSES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR PARTICIPATION IN THE PROGRAM.

12. Modification of These Program Terms & Termination of the Program

We reserve the right to modify, restrict, suspend, or otherwise change any aspect of the Program, and/or these Program Terms from time-to-time, including without limitation, the eligibility conditions for participation in the Program, the manner in which Members participate, the manner and rates at which Bellemartk Points are earned and redeemed, redemption mechanisms, or what constitutes an Earning Activity, with reasonable notice to Members. We will notify you of changes to these Program Terms by posting them to the Site, notifying you by email to the email address then associated with your Program Account, and/or using any other contact information we may have for you. The updated Program Terms will be effective as of the time of posting, or upon such later date or by such other method as specified by Bellemartk. The updated Program Terms will apply to your participation in the Program beginning as of their effective date or upon the occurrence of such other action specified by Bellemartk at the time. Should you not agree to such an amendment, you may cancel your participation in the Program as set out in Section 8. EXCEPT WHERE EXIGENCIES REQUIRE A SHORTER TIMEFRAME, WE RESERVE THE RIGHT TO TERMINATE THE PROGRAM COMPLETELY BY PROVIDING YOU WITH FORTY-FIVE (45) DAYS’ WRITTEN NOTICE OF AND INSTRUCTIONS REGARDING THE IMPENDING TERMINATION.

13. APPLICABLE LAW AND DISPUTES

These Program Terms, your rights and obligations, Bellemartk’s rights and obligations, and all actions contemplated by these Program Terms, will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if these Program Terms were a contract wholly entered into and wholly performed within the State of California.

Any dispute relating in any way to your participation in or use of the Program or the products you purchase through the Program shall be submitted to confidential arbitration in Orange County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Orange County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under these Program Terms shall be conducted under the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the demand for arbitration is filed. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Program Terms shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

14. Privacy

Information collected about you in connection with your Program Account and the Program is subject to the Bellemartk Privacy Policy, which may be updated from time-to-time.

15. General Information

If any part of these Program Terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Program Terms will govern such participation. Our performance under these Program Terms will be excused to the extent that such performance is hindered, delayed or made commercially impractical by causes beyond our reasonable control.

Bellemartk’s performance of these Program Terms is subject to applicable existing and future laws and legal process, and nothing contained in these Program Terms is in derogation of Bellemartk’s right to comply with law enforcement requests or requirements relating to your participation in the Program or information provided to or gathered by Bellemartk with respect to such participation.

These Program Terms constitute the entire agreement between you and Bellemartk with respect to the Program. These Program Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Bellemartk with respect to this Program. No modification of these Program Terms will be effective unless it is authored by Bellemartk or its affiliates, or unless it is physically signed by a Bellemartk officer. Any alleged waiver of any breach of these Program Terms will not be deemed to be a waiver of any future breach. A printed version of these Program Terms and/or of any notice given by Bellemartk in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Program Terms or your participation in the Program to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Bellemartk in printed form.

16. Contact Us

If you have any questions about your Program Account or the Program, please contact us at the store where you joined the Program, call us at 915-449-5415