Horizon Forest Products, L.P., including its successors and assigns (“HFP”), requires that all eligible persons participating (each a “Participant” or also referred to herein as “you” or “your”), in the 2021 HFP Rewards Program (the “Rewards Program”), comply with all terms and conditions, rules and requirements of HFP, including those set forth below.
HFP reserves the right, in its sole discretion, and without notice, to modify the Terms and Conditions and any of the rules, procedures and conditions pertaining to the Rewards Program at any time, including but not limited to terminating the Rewards Program. HFP may provide updates, notices, disclosures and amendments to these Terms and Conditions, and other information relating to the Rewards Program by electronic means, including posting such information and materials online. You are responsible for making sure you have the most current version of the Terms and Conditions. The most current version is available to view at horizonforest.com/hfp-rewards-terms. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to, use of or participation in the Rewards Program following any such changes or modifications confirms your acceptance. If you do not agree to these Terms and Conditions, you must stop accessing and participating in the Rewards Program.
Rewards Program Overview
determined, calculated and recorded by HFP. No more than one Rewards account may be opened or active per Participant. Points will only be awarded on purchases made through the restricted access online portal located at horizonforest.com/myaccount as updated from time to time by Horizon. Points are awarded based on the total net product purchase amounts (excluding taxes) expressed in U.S. Dollars based on final invoicing, and calculated as 2.5% of the net product purchase invoiced amount (i.e., $1,000 = 25 points). Bonus points may be offered to Participants at the discretion of HFP from time to time and subject to certain promotions. Points will only be accumulated during the loyalty period for the Rewards Program beginning at midnight on January 1, 2021 and ending at 11:59pm on December 31, 2021 (the “Rewards Program Period”). All Points must be redeemed no later than January 30, 2022, at which time all Points of Participants shall expire and no longer be redeemable. Points are only available to be earned or redeemed by Participants who are owners, officers or employees authorized and designated by the HFP customer and approved by HFP to place online orders with HFP, and only if the HFP customer is in good standing, and not in default, breach or violation of any agreement with HFP.
Points may be redeemed for complimentary Rewards from HFP, which will be subtracted from the Participant’s Points balance. Exclusions of certain products offered by HFP may apply, and you should contact HFP prior to placing any order for purchase to confirm potential exclusions. If you void a purchase or return products, HFP may deduct the Points earned in connection with your purchase, potentially resulting in a negative Points balance. The oldest accrued Points will be used first for redemptions. You can view and track your Points balance and available Rewards horizonforest.com/myaccount. HFP offers different Rewards based on redemption tiers which may be viewed at horizonforest.com/hfp-rewards, and which may be modified or adjusted by HFP in its sole discretion.
Rewards offered by HFP are not to be considered an endorsement of any brand or product by HFP. Redemption of any Rewards is final, and Rewards may not be returned to or refunded by HFP. Qualifying purchases will earn Points as if the currency were expressed in U.S. Dollars only, no currency exchange is applied to the value of purchases for the purpose of determining how many Points are earned. Redemption of Points cannot be combined with any other offers, promotions or discounts, unless expressly authorized in writing by HFP.
Indemnification, Release and Consent
By participating in the Rewards Program, Participant and the HFP customer each covenants not to sue and agrees to release, indemnify and hold harmless, HFP and its affiliated entities, owners, partners, shareholders, directors, officers, employees, agents, successors and assigns (altogether the “Released Parties”), from and for any claim, demand, liability, loss, injury, expense or damages, including reasonable attorneys’ fees and expenses, arising out of, or relating in any way whatsoever to their participation in the Rewards Program, Participant’s accumulation or redemption of Points and receipt of Rewards, any violation by the Participant of these Terms and Conditions, or any other rules and requirements of HFP or applicable law, and the receipt, possession, and/or use or misuse of any Rewards.
All submissions of information into the Rewards Program become property of HFP, which assumes no responsibility for late, misdirected or lost submissions. Submissions must include all of the required information or they may not be eligible. Participants and the HFP customer agree that all parts of their submissions may be published by or on behalf of HFP as needed to operate the Rewards Program. By accepting any Rewards, the participant also consents to the use of its/his/her name and/or photo or likeness or biographical information for advertising/publicity purposes in commerce and in any and all media worldwide without limitation or additional compensation, except where prohibited by law.
Points and participating in the Rewards Program may subject you to tax liability. Participant is responsible for paying all sales, use, income and other taxes and impositions due to or arising in connection with the Rewards Program and for reporting to and filing with all applicable governmental entities all required returns and reports. Participants are responsible for the tax consequences, if any, of their participation in the Rewards Program. HFP does not make any representations or warranties regarding any tax implications arising from the receipt of points or participation in the Rewards Program. If the receipt of points or participation in the Rewards Program results in any income tax or other tax liability to a Participant, all such tax liability will be borne by the Participant. HFP disclaims all responsibility for any such taxes or liability.
ENTIRETY of agreement, MODIFICATION AND SEVERABILITY
The Terms and Conditions comprise the entire agreement of the Participant, the HFP customer and HFP relating to the Rewards Program, and supersede all prior written or oral representations regarding the subject matter hereof. No modification of the Terms and Conditions shall be effective unless in writing and issued or posted on behalf of HFP. If any provision of these Terms and Conditions is held invalid, void or unenforceable, that provision shall be ineffective only to the extent of such holding of unenforceability, and the remainder of the Terms and Conditions shall remain in full force and effect.
Governing Law and Jurisdiction
This Rewards Program shall be governed by the laws of the Commonwealth of Virginia, without regard to conflict of law principles. The exclusive jurisdiction for any claim or action arising out of or relating to the Rewards Program or these Terms and Conditions shall be only in the state or federal courts located in or having jurisdiction over Henrico County, Virginia.
LIMITATION OF LIABILITY AND DAMAGES, DISCLAIMERS
IN NO EVENT WILL HFP, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OWNRS, PRINCIPALS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, STATUTORY OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE REWARDS PROGRAM, ACCUMULATION OR AWARDING OF POINTS, THE RECEIPT, USE, OR MISUSE OF THE REWARDS REDEEMED, THESE TERMS AND CONDITIONS, OR HFP’S OPERATION OF THE REWARDS PROGRAM.
HFP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ON THE REWARDS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE REWARDS ARE REDEEMED AS IS, WITH ALL FAULTS, AND WITHOUT THE RIGHT OF REJECTION.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, PARTICIPANT AND HFP CUSTOMER, AND HFP IRREVOCABLY RELINQUISHES AND WAIVES THEIR RIGHT TO REQUEST A TRIAL BY JURY FOR ANY CLAIM, DAMAGE OR CAUSE OF ACTION PERTAINING TO OR ARISING OUT OF THEIR PARTICPATION IN THE REWARDS PROGRAM.
INQUIRIES and Cancellation of Participation
All inquiries regarding or cancellations of participation in the Rewards Program should be sent via email to firstname.lastname@example.org.
Special Meeting. Prior to commencing any arbitration, legal or civil action arising out of or relating to any dispute or disagreement between the parties pertaining to the Rewards Program, the Terms and Conditions, or the redemption of any Rewards, or any related claims or controversies (a “Dispute”), Participant, HFP, the HFP Customer, or any other person alleging the Dispute must request in writing a special meeting for the resolution of the Dispute (a “Special Meeting”). The Special Meeting shall be held at a mutually agreeable location in the greater Richmond, Virginia metropolitan area within ten (10) business days of a written request for the meeting, which request shall specify the nature of the Dispute to be resolved. The Special Meeting, which may be conducted telephonically upon agreement of the parties.
Mediation. If the Dispute has not been resolved after the date of the Special Meeting, as a condition precedent to initiating arbitration or any civil action (if allowed), the parties agree first to try in good faith to settle the Dispute by mediation. To initiate mediation, a party must deliver written notice of the party’s intent to mediate (the “Mediation Notice”) to the other party. The parties shall attend and participate in the mediation, which shall be binding upon the parties only if a mutually agreeable resolution is achieved. The mediation proceeding shall commence not more than forty-five (45) days after the Mediation Notice is delivered to the other party hereto and shall be conducted by a single impartial third-party mediator who shall be mutually selected by the parties or, in the event of a Dispute over the selection of a mediator, shall be selected in accordance with the procedures of the Judicial Arbitration and Mediation Services (“JAMS”), and which mediator, regardless of the method of selection, shall have practiced in the area of commercial or business law for more than 15 years and be located and licensed to practice law in Virginia, and abide by the mediation rules of JAMS. The mediation shall take place in the greater Richmond, Virginia metropolitan area, or at such other place as the parties and the mediator agree. All mediation proceedings shall be attended by representatives of both parties with reasonable authority to resolve the Dispute. The costs and expenses associated with the mediator and the mediation shall be paid equally by the parties regardless of the result of the mediation proceeding. Further, each party shall bear its own attorneys’ fees, costs, and expenses in connection with the mediation process.
Arbitration. If the Dispute is not resolved pursuant to the mediation, or if the mediation process is unable to commence in accordance with this section through no fault of the party filing arbitration, then a party shall, if it intends to proceed, initiate arbitration proceedings through JAMS which the parties agree will be final and binding. The JAMS arbitrator shall meet the same requirements as the mediator above for professional experience and licensure. Any Dispute, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in in the greater Richmond, Virginia metropolitan area, or at such other place as the parties and the arbitrator agree before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 45 days from the date of filing the written request for mediation, whichever occurs first (“Earliest Initiation Date”). The mediation may continue after the commencement of arbitration if the parties so desire. The parties will take such action, if any, required to effectuate such tolling. The arbitrator is not empowered to award punitive, treble or exemplary damages, and the parties waive any right to recover any such damages. The parties to the arbitration will bear their own attorneys’ fees and expenses as a result of the arbitration.
Confidentiality. The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearings, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
REWARDS PROGRAM OPERATOR
The Rewards Program is operated by Horizon Forest Products, L.P., 4115 Commodity Parkway, Raleigh, NC 27610.