Joyleaf’s Joyrider Loyalty Program (“Program”) is owned and operated by
Joyleaf NJ LLC. and its affiliates (collectively “Joyleaf”), and operated in
conjunction with Sweed. These Terms and Conditions (“Terms”) govern your
participation in the Program.
You agree to be bound by these Terms, which are amended occasionally
when you open your Joyrider Loyalty Program account and use your Joyrider
Loyalty Program points. These Terms of Service (“Terms”) govern your access to
and use of Sweed services, including the joyleaf.com website (“Website”) and
other services or policies that link to these Terms. By using the Website, you
agree to be bound by these Terms.
Who May Use the Services
You may use the Services only if you agree to form a binding contract
with Joy Leaf NJ LLC and its affiliates /dba/ “Joyleaf Dispensary” in New
Jersey (“Joyleaf”) and are not a person barred from receiving services under
the laws of the applicable jurisdiction. In any case, you must be at least 21
years old. If you are accepting these Terms, you represent and warrant that you
are authorized to do so and have the authority to bind any entity you may
represent to these Terms, in which case the words “you” and “your” as used in
these Terms shall refer to you or any such entity.
Privacy
Our Privacy Policy describes how we handle the information you provide
to us when you use our Website. You understand that through your use of the
Website, you consent to the collection and use (as set forth in the Privacy
Policy) of this information.
Limitations of Liability
By using the Website you agree that the liability of Joyleaf, its
affiliates, related companies, officers, directors, employees, agents
representatives, partners, and licensors is limited to the greatest extent
permissible by law.
General
Joyleaf may revise these Terms from time to time. The changes will not
be retroactive, and the most current version of the Terms, which will always be
on the Website, will govern our relationship with you. Other than for changes
addressing new functions or made for legal reasons, we will notify you with
reasonable notice in advance of making effective changes to these Terms that
impact the rights or obligations of any party to these Terms, for example via a
service notification or an email to the email associated with your account. By
continuing to access or use the Services after those revisions become
effective, you agree to be bound by the revised Terms.
Joyleaf Joyrider Club Loyalty Program
- Program Description. The Program is a
rewards program that is free to join for its registered customers located
in New Jersey. Program members are able to earn and accumulate points
(“Points”) that can be redeemed for certain additional benefits as
described in the Program.
- Membership. Membership in the
Program is limited to individuals only and is limited to one account per
individual. Members must be legally eligible to purchase marihuana
products under New Jersey law. By enrolling in the Program, you agree to
be bound by these Terms. No purchase is necessary to enroll in the
Program. There are no participation or membership fees associated with the
Program.
- How to Join. It’s easy! Visit
our website and create an account or ask any of our Squad in-store team
members to sign you up during any in-store visit. Providing us a valid
phone number and email address, along with opting into our marketing
communications, is key to accurately earning points every time you shop
with us.
- Earn Points. Start earning
Points with every purchase that is eligible for Points and verified by
Joyleaf (“Qualified Purchases”) after signing up for the Program. Every
one dollar ($1) spent on Qualified Purchases earns either 1, 1.5 or 2
rewards Point (points are not earned on tax) depending if you’re a Seeker,
Traveler or Legend loyalty tier status. The more you spend the more points
you earn! Points will not be earned and cannot be redeemed for taxes.
Points have no dollar value.
- Loyalty Tiers. There are three
tiers to the Joyrider program depending on the amount spent during an
annual year by loyalty members. From low to high: Seeker, Traveler or
Legend earns 1, 1.5 or 2 rewards Points (points are not earned on tax) for
every dollar spent. Seeker status is maintained by spending $0 - $550 per
year, Traveler status is maintained by spending $551 - $2000 per year, and
Legend status is maintained by spending over $2000 per year.
- Check your Points
Balance. You
can check your Points balance and available rewards anytime and anywhere.
Just click here to log in to your wallet. Of
course, we are always happy to help look up your Points while you are
visiting any of our locations.
- Redeeming Points. You may redeem
Points at any time to receive one of the predetermined set of rewards
offered by Joyleaf (“Reward”). Joyleaf reserves the right to restrict the
number of points redeemed within any given period of time.
- Expiration of Points. Points expire
within 200 days if they aren’t used.
- No Cash Value of
Points. Rewards
do not constitute property, do not entitle you to a vested right or
interest. Points accrued in connection with the Program are promotional,
have no cash value, cannot be transferred to anyone else, and cannot be
redeemed for cash, gift cards, or e-gift certificates.
- Taxes. All costs and
expenses associated with the acceptance and use of Rewards and/or any
benefit not included in the Reward description as being provided
(including, but not limited to, all federal, state, provincial, and local
taxes) will be your sole responsibility.
- Return of Products. If you return any
product that was purchased in whole or in part by redeeming Points and
Joyleaf accepts the return, Joyleaf will credit to your account the number
of Points that were used for that purchase. If you return any product for
which Points were earned as part of a Qualified Purchase, Joyleaf will
deduct the Points that you earned for that Qualified Purchase from your
account, potentially resulting in a zero Point balance on your Joyleaf
account; however, it will not result in a negative Point balance.
- Communications by and
with Joyleaf and its Affiliates. As a consequence of enrolling in
the Program, you may receive transactional emails and SMS text
communications about the Program, including but not limited to
communications regarding Qualified Purchases and Points and Rewards. You
consent to receiving these communications.
- Opting Out of the
Program. You
can choose to opt out of the Program at any time. Opting out of the
Program does not cancel your Joyleaf account. If you opt out of the
Program and continue purchasing products, you will not earn Points on
those purchases; however, Points you earned while you were enrolled in the
Program will remain available in your account until the Points expire. You
will not have the ability to redeem your Points while opted out of the
Program. You may opt back into the Program at any time, and resume earning
Points on Qualified Purchases and redeem any unexpired Points in your
account. To opt out of email messaging, follow the unsubscribe link at the
bottom of any email. To opt out of text messaging, follow the opt-out
prompt included in any text message. To completely opt out of the Program,
contact our store in NJ.
- Data Privacy and Terms
of Use. By
enrolling in the Program, you agree to be bound by Joyleaf’s Privacy
Policy at Joyleaf’s Website Terms and Conditions at https://www.joyleaf.com/.
Please read Joyleaf’s Privacy Policy and Website Terms and Conditions
carefully to understand how Joyleaf collects, uses and discloses
information about customers, how to update or change your personal
information, and how we communicate with you. Joyleaf may rely on or
cooperate with certain third parties to implement some or all of the
Program. You may be presented with the privacy policies and terms of use
of those third parties, and your registration with and use of the Program
indicates your agreement to such policies and terms.
- Changes to These Terms. Joyleaf reserves
the right to revise and update these Terms at any time and for any reason,
with or without notice or obligation. The amendments or modifications to
the Program that Joyleaf may make include, but are not limited to, any of
the following changes: (i) change the Products that are eligible to earn
Points; (ii) increase or decrease the number of Points earned on a
Qualified Purchase; (iii) increase or decrease the number of Points
required to earn a Reward; (iv) increase or decrease the time period for
the expiration of Points; (v) cease providing membership benefits; (vi)
change the eligibility or method of becoming a member; or (vii) changes to
Program rules or rewards. Electing to remain a member after a change in
the Terms constitutes your acceptance of the revised Terms.
- Termination/Removal
from the Program. Joyleaf reserves the right to terminate your participation in
the Program based on inactivity or if Joyleaf determines, in its sole
discretion, that you have violated these Terms or that the use of your
Program account is unauthorized, deceptive, fraudulent or otherwise
unlawful. In the event that your participation in the Program is
terminated, all accrued Points in your account will automatically expire.
- Regulations in the
Cannabis Industry. Marihuana remains a Schedule I Drug. The cultivation,
processing, sale, and possession of marihuana and products containing
marihuana, the manufacture, sale, and possession of marihuana
paraphernalia, and advertising the sale of marihuana, marihuana products
and cannabis paraphernalia are illegal under the federal laws of the
United States and certain state laws. You are responsible for complying
with the applicable laws regarding marihuana in your jurisdiction. All
Joyleaf marihuana products are intended for personal use only in the
jurisdiction in which they are sold. Products sold by Joyleaf are
forbidden for resale or interstate transport.
- Warranties by Users. You represent and
warrant to Joyleaf that you have the power and authority to accept and
agree to these Terms, and you own or control all the rights necessary to
grant the rights and licenses granted herein.
- Limitation of
Liability. You
acknowledge and agree that, to the maximum extent not prohibited by law:
- Your use of the
Program are at your own risk;
- You are solely
responsible for, and assume all risks related to, the proper and safe
handling, storage, use and consumption of all products sold or
distributed through the Program. You are also solely responsible for
knowing about any allergies you may have and verifying products and their
contents before handling, preparing, using or consuming such products.
You are responsible for reading and understanding all warning labels that
accompany any products;
- Under no circumstance
(including negligence), shall Joyleaf or any of the parties involved in
creating or producing the Program be liable for any incidental, special,
consequential, indirect, or punitive damages or any other losses, costs,
or expenses of any kind (including legal fees, expert fees, or other
disbursements), which may arise, directly or indirectly, from the
services or through the access to, inability to access, use of, or
browsing of the sites or through your downloading of any Joyleaf content
or other materials, data, text, images, video or audio from the sites,
including but not limited to anything caused by any viruses, bugs, human
action or inaction or any computer system, phone line, hardware, software
or program malfunctions, or any other errors, failures or delays in
computer transmissions or network connections even if Joyleaf has been
advised of such incidents; and
- Joyleaf is not
responsible for any damages whatsoever that result from mistakes,
omissions, interruptions, deletion of files, errors, defects, delays in
operation or transmission, or any failure of performance whether or not
caused by events beyond Joyleaf’s reasonable control, including but not
limited to force majeure events, communications line failure, theft,
destruction, or unauthorized access to the services or sites’ records,
programs, or services.
Some jurisdictions do not allow the limitation or
exclusion of liability for incidental or consequential damages; as a result,
the above limitation or exclusion may not apply to you. If the foregoing
limitation of liability is determined by a court of competent jurisdiction to
be unenforceable, Joyleaf’s aggregate liability arising out of, or in
connection with these Terms shall be limited to Ten Dollars ($10). To the
fullest extent permitted by applicable law, you, on behalf of your heirs,
executors, administrators, legal and personal representatives, hereby release,
waive, acquit, and forever discharge Joyleaf from and against all claims you
have or may have arising out of or in any way related to these terms or the
services provided hereunder. If you are a California resident, you hereby waive
your rights under California Civil Code 1542, which states: “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.” You acknowledge and agree that
the warranty disclaimers and limitations of liability set forth above are
essential elements of the basis of the bargain between Joyleaf and you, and
will survive and apply even if your remedies are found or alleged to have
failed of their essential purpose.
- Governing Law and
Dispute Resolution. Please read this section carefully. It affects your rights
and will have a substantial impact on how claims you and Joyleaf have
against each other are resolved. You acknowledge that you are waiving the
right to go to court and have a claim heard by a judge or jury. The Terms
shall be governed by and interpreted in accordance with the laws of the
State of New Jersey.
- ARBITRATION AND CLASS
ACTION WAIVER. Any
dispute, claim or controversy arising out of or relating to these Terms of
Service or the Website or the breach, termination, enforcement,
interpretation, or validity thereof, including the determination of the
scope or applicability of this agreement to arbitrate, shall be determined
by arbitration in New Jersey before one arbitrator. The arbitration shall
be administered by JAMS pursuant to its JAMS' Streamlined Arbitration
Rules and Procedures. Judgment on the Award may be entered in any court
having jurisdiction. With respect to the cost of the arbitration, when a
consumer initiates arbitration against the company, the only fee required
to be paid by the consumer is $250, which is approximately equivalent to
current Court filing fees. This clause shall not preclude parties from
seeking provisional remedies in aid of arbitration from a court of
appropriate jurisdiction. To the fullest extent permitted by applicable
law, you and Joyleaf each agree that any dispute resolution proceeding
will be conducted only on an individual basis and not in a class,
consolidated or representative action. If for any reason a claim proceeds
in court rather than in arbitration, you and Joyleaf each waive any right
to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE
IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. In no event
shall any claim, action or proceeding by you or Sweed be instituted more
than one (1) year after the cause of action arose. If a court of competent
jurisdiction finds the foregoing arbitration provisions invalid or
inapplicable, you and Joyleaf each agree to the exclusive jurisdiction of
the Federal and State courts located in New Jersey, and you and Joyleaf
each agree to submit to the exercise of personal jurisdiction of such
courts for the purposes of litigating any applicable dispute or claim. In
the event that any provision of these Terms is held to be invalid or
unenforceable, then that provision will be limited or eliminated to the
minimum extent necessary, and the remaining provisions of these Terms will
remain in full force and effect. Joyleaf’s failure to enforce any right or
provision of these Terms will not be deemed a waiver of such right or
provision. These Terms are an agreement between you and Joyleaf. If you
have any questions about these Terms, please contact us at:
Joyleaf NJ 711 east First Ave, Roselle NJ 07203
This document was last updated on November 13, 2023 Joyleaf, All rights
reserved.
