Last Updated: October 2021
PLEASE READ CAREFULLY. THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU PARTICIPATE IN THE “HONIBE REWARDS" LOYALTY PROGRAM (THE/THIS “PROGRAM”) INCLUDING PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, ELIMINATE YOUR RIGHT TO A TRIAL BY JURY, REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS (AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION), AND RESOLVE DISPUTES THROUGH FINAL AND BINDING ARBITRATION.
SPONSOR (AS DEFINED BELOW) RESERVES THE RIGHT TO UPDATE, MODIFY, OR TERMINATE THESE TERMS AND CONDITIONS, THE PROGRAM, AND/OR ANY OF ITS COMPONENTS AT ANY TIME WITHOUT NOTICE AND WITHOUT FURTHER OBLIGATION TO PARTICIPANTS, IN WHOLE OR IN PART, FOR ANY REASON INCLUDING AS MAY BE OUTLINED BELOW, EVEN THOUGH SUCH CHANGES MAY AFFECT THE REDEMPTION VALUE OF THE HONIBE BUCKS ALREADY ACCUMULATED OR THE AVAILABILITY OF REDEEMABLE MERCHANDISE. NO HONIBE BUCKS WILL BE EARNED OR REDEEMED AFTER THE EFFECTIVE DATE OF TERMINATION. ANY AND ALL CHANGES AND/OR AMENDMENTS TO THESE TERMS AND CONDITIONS WILL BECOME BINDING UPON ALL PARTICIPANTS IMMEDIATELY.
BY PARTICIPATING IN THIS PROGRAM, BY CREATING AN ACCOUNT AS SET FORTH BELOW, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS STATED HEREIN WHICH WE MAY UPDATE FROM TIME TO TIME WITHOUT PROVIDING NOTICE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE TERMINATE YOUR ACCOUNT AS SET FORTH BELOW OR DO NOT PARTICIPATE IN THE PROGRAM.
The “Honibe Rewards” Loyalty Program, including the Program website and any other promotions, are sponsored by Island Abbey Foods Ltd. (“Sponsor”). The Sponsor’s address is: 20 Innovation Way, Charlottetown, PE C1E 0K4.
The Program is a loyalty program through which Participants (as defined below) with an active Account with the Sponsor can earn 10 Honibe Bucks (“Honibe Bucks”) for every $1 USD/CAD spent purchasing participating Honibe product subscriptions, as set forth at https://honibe.com/collections/shop, (the “Participating Products”), with the opportunity to earn additional Honibe Bucks by following Sponsor’s Twitter, Instagram, and Facebook pages (as set forth below in Section 4) (each a “Social Account”, collectively, “Social Media Accounts”), and/or participating in various Activities (as defined below). Sponsor may change eligible Participating Products and/or implement or terminate any Activities at any time, in its sole discretion. A list of all eligible Activities, and any limitations, are available at https://honibe.com/pages/loyalty.
Participants then can redeem Honibe Bucks for merchandise and discounts at https://honibe.com/pages/loyalty.
To participate in the Program, a Participant must have or create an account ("Account") with Sponsor. A Participant can enroll in the Program by creating an Account on https://honibe.com/account/register. To create Account, and therefore enroll in the Program, a Participant must register to be a user of the website and provide, at minimum, their legal name, a valid email, and create a password.
- PARTICIPATION; ELIGIBILITY; ENROLLMENT
Participation in the Program is only open to individuals who are legal residents of Canada (excluding Quebec) and the 50 United States (D.C.) (the “Jurisdiction”) (each such resident, a “Participant” or “you”) who are the age of majority in their state/province of residence, at the time of enrollment, who provide all information requested by Sponsor which may include Participant’s legal name, email address, address, or phone number. Sponsor and its affiliates, and each of their employees, may participate in Program to earn or redeem Honibe Bucks provided that all purchases are made through their Account on the Program website.
By signing up for an Account, and by default, the Program, Participant may receive text/email communications from Sponsor. Participants may opt out of text/email communication at any time, but will still retain Account and remain part of the Program.
In the event of a dispute regarding the identity of a registered Account-holder, the Account will be deemed to have been made by the authorized account holder of the email address associated with the Account at the time of registration and they must comply with these Terms and Conditions. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access or online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
- EARNING POINTS
A Participant may earn:
- 10 Honibe Bucks for every $1 USD/CAD spent on the purchase of a Participating Product;
- 10 Honibe Bucks for following Honibe on Twitter (page located: https://twitter.com/honibe (@honibe))
- 10 Honibe Bucks for following Sponsor’s Instagram page (page located: https://www.instagram.com/honibe/ (@honibe)); and
- 10 Honibe Bucks for liking Sponsor’s Facebook page (page located: https://www.facebook.com/Honibe (@Honibe)).
Honibe Bucks earned through the following of Sponsor’s Twitter and Instagram pages, and the liking Sponsor’s Facebook page, may only be redeemed once per Participant and per Account regardless of how any social media accounts such Participant owns and/or operates.
Once a Participant has earned two thousand (2,000) Honibe Bucks in one calendar year (defined as January 1 through December 31 of a given year), such Participant becomes a Honibe VIP and is then eligible to receive 12 Honibe Bucks for every $1 USD/CAD spent of the purchase of a Participating Product. Such Honibe VIP status shall remain intact through the calendar year such status is earned and shall terminate at 12:00:00 am ET on January 1 of the next calendar year. All Honibe VIP Participants, and the Honibe VIP program itself, shall be subject to these Terms and Conditions and any Promotion Terms (as defined below) Sponsor may create in connection with such Honibe VIP program.
No Participant is eligible to earn any Honibe Bucks without a valid Account. Any Account made under an alias will be a violation of these Terms and Conditions. Each Participant may only have one (1) Account. All Points earned by Participant will be credited as soon as reasonably possible to the Participant’s Account upon valid purchase of a Participating Product and/or successfully following Sponsor on a Social Account or all Social Media Accounts. Neither Sponsor, nor its agents, will be liable for any unaccredited or misdirected Honibe Bucks. Sponsor reserves the right to invalidate Honibe Bucks if it determines, in its sole discretion, that such Honibe Bucks were improperly credited, obtained fraudulently, or received in a manner not described herein.
Sponsor expressly reserves the right to establish additional means of accruing Honibe Bucks (“Activities”). All Activities that are offered as part of the Program shall be subject to these Terms and Conditions and each Activity may have additional terms and conditions (the “Promotion Terms”) including, but not limited to, shorter/longer purchasing and/or redemption periods. In these cases, the Promotion Terms of each specific Activity will be listed on the Program website, and/or such Activity’s distinct website (if applicable). The Promotion Terms will prevail in the event of any conflict between the Promotion Terms and these Terms and Conditions.
There is no maximum amount of Honibe Bucks a Participant can earn. Except as expressly stated otherwise, Honibe Buck redemption may not be combined with any other Sponsor offers or other Honibe Buck redemption attempts. Honibe Bucks can only be accrued and redeemed on the specific Account used to earn the Honibe Bucks and shall be considered the property of the Authorized account holder. Points accrued in the Program are not assignable for any reason, and are not transferable between or among Accounts, unless the Sponsor provides express written permission. The sale of Honibe Bucks is prohibited and may result in the forfeiture of any and all Honibe Bucks as well as termination of a Participant’s Account, which in each case shall be final and conclusive in Sponsor’s sole discretion.
Sponsor expressly reserves the right to establish an unlimited number of Activities and/or to delete or exclude any or all of the means currently in effect to accumulate or redeem Honibe Bucks. Not all Honibe Buck accrual methods including, but not limited to, Activities and following Sponsor Social Accounts, may be available to all Participants.
Each Participant will be responsible for ensuring the accuracy of their Account. If a Participant believes their Account is not accurate, or that any Honibe Bucks were not credited properly, Participant should report it: (i) on the chat bot located on the Program website at https://honibe.com/pages/loyalty; or (ii) on the ‘Contact Us’ tab located on the bottom of the Program website at https://honibe.com/pages/loyalty. Failure to report any issues within sixty (60) days, and supply the necessary documentation of the transaction that Participant believes gave rise to the discrepancy, may result in an inability to award Honibe Bucks. For verification, Participant should retain all receipts and documentation until all Honibe Bucks have been credited to their Account. Sponsor has the right to correct any Honibe Bucks posted in error in its sole discretion.
- REDEEMING POINTS FOR REWARDS
Provided Honibe Bucks are still active, a Participant may redeem Honibe Bucks for items detailed on the Program website at https://honibe.com/pages/loyalty (the “Honibe Rewards”) by converting such Honibe Bucks into Sponsor provided discount codes (“Discount Codes”) which may be used in Participant’s next transaction. A Participant does not have to make a new product purchase to redeem earned Discount Codes. Only one (1) Discount Code may be used in any transaction at any one time. Discount Codes shall never expire.
The Honibe Rewards may change periodically, and without notice, so be sure to visit Program website often to see what Honibe Rewards are currently available. Honibe Rewards are offered while supplies last and are not guaranteed to be available throughout the entire Program. Each Honibe Reward has a required number of Honibe Bucks for redemption and Sponsor will list the corresponding Honibe Buck value required to obtain each item and/or product discount on the Program website. For full details, please review https://honibe.com/pages/loyalty. All redemptions are subject to these Terms and Conditions, any Promotion Terms (as applicable), and any conditions or limitations stated on the Program website. Sponsor reserves the right to substitute a Honibe Reward with one of comparable or greater value for any reason and to change the Honibe Buck value of any associated Honibe Reward at any time. A Participant cannot redeem any Honibe Bucks for a Honibe Reward unless such Participant has accumulated the number of Honibe Bucks required for that Honibe Reward on their Account.
To redeem your Honibe Bucks for a Honibe Reward, browse the Program website, select the Honibe Reward Participant would like to redeem, and follow the instructions on the Program website to confirm such selection and obtain the applicable Discount Code. Once Participant’s redemption request has been submitted, the required number of Honibe Bucks for that Honibe Reward will be deducted from their Account and Sponsor will send a Discount Code to Participant’s Account. A Participant may receive an email confirming their Honibe Bucks redemption transaction. If applicable, any Honibe Bucks redemptions will be shipped to the address of Participant’s choice, provided it is located within the Jurisdiction. Fulfillment times may vary depending on the Honibe Reward redeemed. Sponsor reserves the right to cancel any Honibe Reward and/or Discount Code available for Honibe Buck redemption at any time. In the event of a printing or posting error in the Honibe Bucks value for any item and/or discount, Sponsor is under no obligation to honor a redemption request at an inaccurate value. Honibe Bucks are not valid on, and cannot be redeemed for, previous purchases, taxes, or processing charges.
Honibe Bucks will not be refunded or placed back into an Account after a redemption request has been placed including, but not limited to Participant Participating Product returns, except in limited circumstances as determined in Sponsor’s sole discretion. For questions regarding this policy, please send an email using the ‘Contact Us’ tab at the bottom of the Program website (https://honibe.com/pages/contact-us). A Participant is responsible for all federal, state, provincial/territorial, and local taxes (including income and withholding taxes), if any, as well as any other costs or expenses associated with acceptance and use of any Honibe Reward, including any applicable shipping and handling costs. If the total sale is greater than the Honibe Bucks being redeemed, Participant must provide a valid method of payment prior to completing the transaction.
Honibe Bucks cannot be sold or bartered. Honibe Bucks do not have any cash value and no credit or cash will be given for unused Honibe Bucks. Honibe Bucks are not redeemable for cash, check, or any other form of credit, and cannot be used to make a donation, pay for taxes, tips, or shipping and handling. Lost or stolen Honibe Bucks will not be replaced. Participants agree that they are solely responsible for maintaining the confidentiality of their Account login information and are fully responsible for all activities that occur under their Account. Participants agree to immediately notify Sponsor of any unauthorized use, or suspected unauthorized use, of Account or any other breach of security. Sponsor cannot, and will not, be liable for any loss or damage arising from a Participants failure to comply with the above requirements. Sponsor may suspend or terminate access to a Participants Account in its sole and absolute discretion. If a Participant’s Account is terminated, these Terms and Conditions shall remain, to the extent applicable, in full force and effect. SPONSOR IS NOT RESPONSIBLE FOR ANY POINTS THAT CANNOT BE REDEEMED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS DUE TO RESTRICTIONS IMPOSED BY APPLICABLE LAWS.
- EXPIRY OF HONIBE BUCKS
Honibe Buck Expiration. Honibe Bucks only remain valid so long as an Account is active and the Program is open. Honibe Bucks will expire, and will be forfeited, after one (1) year of no Honibe Buck redemption or earning on a Participant’s Account.
- ACCOUNT TERMINATION
Termination by Participant:
A Participant may terminate their Account, and by default their enrollment in the Program, at any time by (i) using the chat bot located on the Program Website (https://honibe.com/pages/loyalty) or (ii) using the ‘Contact Us’ tab located on the bottom of the Program website (https://honibe.com/pages/contact-us). If a Participant’s Account is terminated, all of their accrued Honibe Bucks will be forfeited immediately.
Termination by Sponsor:
Participation in the Program is a privilege, and as such can be suspended, revoked, or terminated at any time by the Sponsor for any reason. In the event any Account is terminated by Sponsor, all accrued Honibe Bucks will be forfeited immediately. If any Participant is terminated due to fraudulent activity or noncompliance with these Terms and Conditions, such Participant cannot participate in or rejoin the Program and all accrued Honibe Bucks will be forfeited. In the event of termination, Participants may be required to furnish proof of identification.
- ACCOUNT PROFILE AND POINTS BALANCE
When logged into the Program, Participants will be able to view their registration information in their Account profile, as well as their Honibe Bucks balance. Releasees (as defined below) assume no liability for discrepancies, omissions, inconsistencies, or errors with respect to a Participant's Account. Each Participant is solely responsible for ensuring that their shipping address is correct prior to redeeming Honibe Bucks. Subject to forfeiture or any expiration as described herein, Honibe Bucks will be maintained in your Account until they are redeemed for Honibe Rewards, until such Honibe Bucks expire (as set forth herein), or until the termination of the Program by the Sponsor, whichever occurs first. All decisions regarding Honibe Bucks balances, redemptions, and forfeitures, and the identity of the individual accessing an Account, are within Sponsor’s sole discretion and are final and binding.
All Participants are subject to verification at any time and for any reason. Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Program; (ii) for the purposes of verifying the eligibility and/or legitimacy of any information for the purposes of creating an Account and/or this Program; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Program in accordance with the spirit of these Terms and Conditions. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor, may result in disqualification from the Program in the sole and absolute discretion of the Sponsor. Proof of transmission (screenshots or captures etc.), or attempted transmission of a submission or of attempted submission of any communication, does not constitute proof of delivery or receipt by the Program computers or Sponsor. The sole determinant of the time for the purposes of this Program will be the official time-keeping device(s) used by the Sponsor.
All Participating Product purchases are subject to verification at the sole discretion of Sponsor and its authorized agents. Sponsor reserves the right to request a Participant provide proof of a Participating Product purchase via receipts and documentation. No Honibe Bucks will be credited for any Participating Product purchase deemed void for any reason. Sponsor may, in its sole and absolute discretion, determine any Participating Product purchase to be void for any reason including if the Participant has returned the Participating Product after Honibe Bucks have been credited.
- MODIFICATION AND/OR TERMINATION OF PROGRAM
Continued participation in the Program after any modification to these Terms and Conditions or the Program by Sponsor constitutes acceptance of such modifications to these Terms and Conditions and the Program. Participants agree that, to the fullest extent allowed by applicable law, Sponsor will not be liable to Participant, or to any third party, for any modification, suspension, or discontinuance of the Program. In the event any modification actions are taken by Sponsor, such modifications may affect a Participant's ability to accumulate and redeem Honibe Bucks. In the event the Program is terminated, Sponsor will notify registered Participants of such termination and will provide information on the last day to accumulate and redeem Honibe Bucks, if applicable. After that time, any Honibe Bucks remaining in a Participant's Account will be forfeited.
- LIMITATIONS OF LIABILITY
No responsibility or liability is assumed by Releasees (as hereinafter defined) for any technical problems or technical malfunction of any kind arising in connection with any of the following occurrences which may affect or interrupt the operation of the Program: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectively or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or telephone providers; garbled, jumbled or faulty data transmissions; failure of any email or telephone transmissions to be sent to or received; lost, late, delayed, garbled, damaged, misdirected, undelivered or intercepted email; inaccessibility of the Program website or phone system in whole or in part for any reason; traffic congestion on the Internet or Program website or phone lines; unauthorized human or non-human intervention of the operation of the Program, including without limitation, human error, unauthorized tampering, hacking, fraud, theft, virus, bugs, worms; or destruction of any aspect of the Program or data thereof, including, without limitation, tampering of or hacking into the telephone lines, or loss, miscount, misdirection, inaccessibility or unavailability of a Participant’s Account used in connection with the Program. Releasees are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Program, or use of or download of any information from the website. Use of any Program website is at a user's own risk.
- NO WARRANTY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPONSOR MAKES NO WARRANTY OF ANY KIND REGARDING THE PROGRAM, WHICH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPONSOR EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR A WARRANTY THAT THE PROGRAM WILL BE ERROR-FREE. SPONSOR FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE PROGRAM. SPONSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, SPONSOR AND ITS AUTHORIZED AGENTS MAKE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND CONCERNING THE APPEARANCE, SAFETY OR PERFORMANCE OF ANY HONIBE REWARD AWARDED OR REDEEMED VIA THE PROGRAM. AS APPLICABLE, PARTICIPANTS BEAR ALL RISK OF LOSS OR DAMAGE TO A HONIBE REWARD ONCE SHIPMENT HAS BEEN INITIATED. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
- CONDITIONS ON USER PARTICIPATION
By participating in this Program, all Participants signify their agreement to be bound by these Terms and Conditions, (and any Promotion Terms which may appear on the Promotion website or appended to these Terms and Conditions from time to time), and the decisions of Sponsor and its authorized agents whose decisions in all aspects shall be final and binding. Sponsor and its authorized agents may, at their sole discretion, disqualify any individual from participating in any aspect of the Program, and/or may cancel, suspend, or block any Account registered by such person (and void all associated Honibe Bucks) if Sponsor and its authorized agents deem or suspect that such person has engaged in or has attempted to engage in any of the following, all as determined by the Sponsor in its sole discretion: (a) acting in violation of these Terms and Conditions; (b) damaging, tampering with, or corrupting the operation of the Program website, bot, script or other robotic, mechanical, programmed, or automated devices to submit data to the Program Platform; (c) engaging in any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (d) engaging in any activity deemed in sole discretion of Sponsor and its authorized agents to be generally inconsistent with the intended operation of the Program.
CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM WEBSITE IS A VIOLATION OF CRIMINAL LAW AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS AUTHORIZED AGENTS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.
- RELEASE OF LIABILITY
BY PARTICIPATING, ALL PARTICIPANTS, ON BEHALF OF THEMSELVES, THEIR EXECUTORS, HEIRS AND ASSIGNS, AGREE TO RELEASE SPONSOR, ITS PARENT, AFFILIATES, SUBSIDIARIES, FRANCHISEES, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, (COLLECTIVELY, THE "RELEASEES"), FROM ANY AND ALL LIABILITY, CLAIMS, OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURY, LOSS, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISES OUT OF, OR IS IN ANY WAY CONNECTED WITH, (A) ANY USE OF THE PROGRAM OR THE PROGRAM WEBSITE, INCLUDING BUT NOT LIMITED TO, PREPARING FOR, PARTICIPATING IN, OR TRAVELING TO AND/OR FROM USE OR MISUSE OF ANY HONIBE REWARD OR RELATED ACTIVITY, OR OWNERSHIP OF ANY HONIBE REWARD; (B) ANY FAILURE OR DELAY BY SPONSOR IN CONNECTION WITH THE PROGRAM (INCLUDING WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, PROGRAM WEBSITE AND ANY TYPOGRAPHICAL, PRINTING, MECHANICAL, NETWORK, ELECTRONIC, HUMAN, OR OTHER ERRORS, ERRORS THAT MAY OCCUR IN CONNECTION WITH THE ADMINISTRATION OF THE PROGRAM, THE REDEMPTION AND ACCRUAL OF HONIBE BUCKS, THE INCORRECT PROCESSING OF HONIBE BUCKS, THE INCORRECT TABULATION OF HONIBE BUCKS, OR ANY INACCURATE OR INCORRECT DATA CONTAINED ON THE PROGRAM WEBSITE OR IN A PARTICIPANT ACCOUNT; OR (C) THE PERFORMANCE OR NON-PERFORMANCE OF THE PROGRAM BY SPONSOR, EVEN IF PARTICIPANTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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 YOUR ACCOUNT REGISTRATION INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. A PARTICIPANT ACCEPTS ALL RESPONSIBILITY FOR, AND HEREBY INDEMNIFIES AND HOLDS RELEASEES HARMLESS FROM AND AGAINST, ANY ACTIONS TAKEN BY ANY USER AUTHORIZED TO USE A PARTICIPANT’S ACCOUNT, INCLUDING, BUT NOT LIMITED TO, ACCRUAL OF HONIBE BUCKS, REDEMPTION OF HONIBE BUCKS, AND DISCLOSURE OF PASSWORDS TO THIRD PARTIES. PARTICIPANTS AGREE THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROGRAM SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
For United States resident Participants only (specifically excluding Canadian residents): Any dispute between A Participant and Sponsor arising from or relating to these Terms and Conditions and their interpretation or the breach, termination, or validity thereof and/or the relationships which results from these Terms and Conditions, including disputes about the validity, scope, or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Sponsor will provide such notice by email to such Participant’s e-mail address on file with Sponsor and you must provide such notice by email using the ‘Contact Us’ tab located on the Program website at https://honibe.com/pages/contact-us.
During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by Participant or Sponsor and is approved by the arbitrator. Any in-person appearances will be held at a location mutually agreed upon by Participant and Sponsor, or, in the absence of such agreement, at a location determined by the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitrator will apply the substantive laws of the province of Prince Edward Island Canada, and the provisions of these Terms and Conditions, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Sponsor and Participant each agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Sponsor nor Participant are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration).
In the event of any conflict between any details contained in these Terms and Conditions and details contained in other materials, except as otherwise stated herein, the details of the Program as set forth in these Terms and Conditions shall prevail.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions, or the rights and obligations of Participant and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the substantive laws of the province of Prince Edward Island Canada without regard to conflicts of laws principles. Subject in all cases to the Arbitration clause in Section 15, where such provision is applicable, applicable courts located in the Province of Prince Edward Island, Canada will have exclusive jurisdiction over all actions relating to this Program or these Terms and Conditions.
Sponsor's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sponsor in writing. The headings in these Terms and Conditions are for your convenience and reference. These headings do not limit or affect these Terms and Conditions. These Terms and Conditions, together with those items made a part of these Terms and Conditions by reference, make up the entire agreement between Sponsor and the individuals participating in the Program, and replaces any prior understandings or agreements (whether oral or written).
The necessary provisions of these Terms and Conditions will survive any termination, discontinuation, or cancellation of the Program or your Account.