IMPORTANT LEGAL INFORMATION: PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION IN THE CALIFORNIA BABY LOYALTY PROGRAM. THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT.

 

Loyalty Program Terms of Use

These terms and conditions govern the California Baby Loyalty Program (the “Program”) offered by California Natural Living, Inc., dba California Baby + Kids^® (“Sponsor”, “We”, “Our”), which may be contacted at, 5933 Bowcroft Street, Los Angeles, CA 90016.  The use of the term Sponsor herein shall also include and refer to California Natural Living, Inc., and its affiliated entities.

The Program is accessible through www.californiababy.com (the “Program Website”) and any other related sites and applications referred to on the Program Website.  The Program is subject to the specific Terms and Conditions provided below as well as the Terms of Use available at https://www.californiababy.com/pages/terms-conditions (“Terms and Conditions of Use”, incorporated here by this reference) (collectively with these California Baby Loyalty Program Terms & Conditions, the “Terms”).

1. Acceptance of These Terms

By using or enrolling in the Program, you accept and agree to be bound by the Terms.

2. Program Description, Eligibility and Earning Points

The Program is a free rewards program offered by California Natural Living, Inc., dba California Baby + Kids® (“Sponsor”), which may be contacted at, 5933 Bowcroft Street, Los Angeles, CA 90016. 

The Program is a points-based program with different membership levels. The Program allows participants to earn points (“Points”) when placing an order over a certain amount, e.g., $50, $100, $150, on Eligible Product Purchases and other ways as stated on the website. Membership in the Program is limited to individuals only and is limited to one account per individual. Participation in the Program is limited to persons residing in the United States who are eligible 18 years of age or older. For the avoidance of doubt, only natural persons transacting in their personal capacity and for their own account are eligible to participate.

No business entities, online resellers, wholesale accounts, third-party aggregators, organizations, or groups may register for the Program or earn Points.

Unless indicated to the contrary and subject to your strict compliance with these Terms, you may be eligible to participate in the Program only for personal, non-commercial use, or in connection with your authorized purchase or sale of Sponsor’s products or Website.  In addition, and without limiting Sponsor’s other legal rights and remedies, Sponsor may limit or terminate your Membership in the Program, your license to use the Website, or certain features of the Website, at any time and for any reason, without any prior notice to you whatsoever.

The Program is a customer loyalty program that allows Members (as defined below) to receive and redeem loyalty points (“Points”) for Rewards (as defined below) and Member Benefits (as defined below) on an individual basis for their own account. A Member may receive Points and Member Benefits based on their Membership Tier (as described below) through eligible product purchases (points earned on dollars spent, does not include sales tax, shipping charges, E-Gift card redemptions and E-Gift Card purchases), or other actions or opportunities as may be presented by Sponsor from time to time. This can include, but is not limited to, bonus for creating an account (limit once per member), points for referring a friend, providing a product review (must be on verified purchase through californiababy.com). Points for such activities will be awarded as described in the applicable offer and will be subject to any additional terms set forth with that offer. The number of points earned for each action will be stated on the website and is subject to change at any time without prior notice.

There is no fee associated with the Program. Participation in the Program is personal and non-transferable. Points, Membership Tiers, Rewards and Member Benefits may not be gifted, purchased, sold, bartered, brokered, or otherwise transferred. Points, Rewards, and Member Benefits available via the Program have no cash value, are not redeemable for cash, gift certificates or gift cards, are purely promotional, and do not constitute property of any participant. No portion of any payment for purchases qualifying for the Program or any Points, Membership Tier, Member Benefits, or Rewards constitute consideration paid for any of the foregoing. Sponsor reserves the right to limit the redemption of specific Rewards and Member Benefits and limit the number of Points, Rewards, and Member Benefits available.

Membership is nontransferable and subject to present and future Terms. Sponsor reserves the right in its sole discretion to approve, deny, or revoke any aspect of Participation in the Program to any individual for any reason whatsoever. This includes, without limitation, the right to cancel your Participation or suspend accrued Points and the right to terminate a Member’s account. Without limiting the foregoing, Sponsor will revoke Participation in the Program (including all benefits) for evidence of fraud, abuse of privileges, violation of these Terms, transfer of Program benefits or Points, or the holding of multiple accounts by an individual. “Participation” includes earning Points and Rewards redemptions, and any other benefits associated with the Program.

3. Joining the Program

To participate and enjoy the full benefits of the Program and be eligible for the benefits of a Membership Tier, eligible individuals must enroll and become a member of the Program (“Member”). Signing up is free and no purchase is necessary to become a Member. You will be provided a Member rewards number (“Member Number”).  To become a Member you must provide the required information and sign up at https://californiababy.com/loyalty-member-sign-up. You agree to provide true and accurate information and to ensure that information provided by you is up-to-date and accurate. Communications with you will be made using contact information most recently provided by you. Sponsor is not responsible for your inability to receive or redeem Points or Member Benefits. Sponsor reserves the right to limit participation and enrollment at any time.

4. Rewards Points and Membership Tiers

The benefits available to a Member through the Program are based on Membership Tier and the number of Points that the Member receives through participation in the Program. Sponsor is under no obligation to provide Members with any particular number of Point-earning opportunities.

5. Points

Points are automatically tracked at the time of the qualifying purchase, transaction, or activity. Points for any single qualifying purchase or activity may only be credited to one (1) Member account. Points will be credited to the account upon consummation of the qualifying transaction or activity garnering Points. In certain cases, it may take twenty-four (24) hours or more for Points to be credited. Sponsor shall not be responsible for, or liable to, any Member, person or entity, in any way, for any losses, costs or expenses incurred by a delay or error in crediting Points or Membership Tier benefits to a Member's account. Available Points totals for a Member account will be displayed in the Member’s account or at check out.

6. Purchase Activity

You will receive Points for qualifying purchases and transactions following enrollment as a Member in the Program based on the following:

Activity	Description	Points Earned
Purchase on Californiababy.com	Place an order over $300	200
Purchase on Californiababy.com	Place an order over $150	100
Purchase on Californiababy.com	Place an order over $75	50
Purchase on Californiababy.com	Place 3 orders over $70	150
Leave a product review	Leave a written review of a verified purchase on the www.californiababy.com Website (a "Review").  Reviews posted on other websites (e.g.. amazon.com, google.com, etc.) will not be eligible for Points or Rewards.  Eligibility for Points or Rewards will be limited to five (5) Reviews per month per Member and further subject to these Terms.	25 points per single product
Fill out a quiz	Complete and submit a quiz as offered by Sponsor from time-to-time	50

 

 

 You will not receive Points for any amounts paid in delivery fees or taxes. Additional Activities may be offered from time to time at Sponsor’s discretion.

7. Expiration of Points

Points expire after 24 months of inactivity. Unredeemed Points expire upon the cancellation or termination of your account.

 9. Refunds.

Points will not be issued on refunded or cancelled purchases.  Returns will be deducted from Points accrued towards earning a Reward. Points that contributed toward the earning of a Reward that were earned in connection with purchases that are later returned or refunded or otherwise adjusted will result in a deduction of those Points accordingly. Such deductions may result in a negative Points balance, in which case, any subsequent Points you earn will be applied to reduce that negative Points balance.

10. Redeeming Rewards

Points may be redeemed for dollars off on a future purchase. Each 100 points may be redeemed for ten dollars ($10) off a future purchase (a “Reward”): e.g., 100 points = $10 off; 200 points = $20 off; 300 points = $30 off; and 400 points = $40 off. You must have at least enough available Points in your account (“Available Points”) for the Reward. Members must accrue a minimum of one hundred (100) Available Points before the first redemption for any Reward. In any single transaction, only one account may be used to redeem Points for Rewards. Points accrued by a Member in any purchase or transaction may only be redeemed for Rewards in a separate, subsequent purchase or transaction.  Each Reward may be redeemed for only one (1) item. You must identify yourself as a Member at the time of transaction to redeem the Reward.  Rewards are single use only.  Rewards may be combined with other available promotional offers, codes, or coupons to the extent permitted by the terms of those offers, codes or coupons. However, the value of the product received when redeeming a Reward will not count toward any qualifying purchase requirements for other offers, codes or coupons.  Rewards will not be re-issued after use. Rewards have no cash value.  Sponsor may provide notice to you of products ineligible for Rewards redemption by indicating on the Website products that are ineligible or by any other reasonable means.  You may be notified of additional eligible and ineligible products at the time of Rewards redemption.  Reward details are subject to change without notice.

Points will be subtracted from the Member's account immediately when a Reward is requested based on the total Points for the requested Reward. Sponsor reserves the right to limit the redemption of specific Rewards and limit the number of Rewards available at any particular Membership Tier.

 

11. Special Member Benefits

Sponsor, in its sole and absolute discretion, may periodically offer the opportunity for additional rewards or benefits on particular transactions or special offers (“Member Benefits”). Member Benefits may be distributed online or via email from time to time. If a Member has opted out of California Baby emails they will not receive Loyalty emails. They must opt back in by re-submitting their email address in the "join the cl❤️b” " section at the bottom of every page.

 

12. Cancellation, Termination

At our sole discretion, Sponsor has the right to modify, add, or delete all or any portion of these Terms, benefits, Points or Rewards, at any time, with or without notice, even though such changes may affect the value of Points already accumulated, the value of the Rewards and/or the time for redemption. If the Program is terminated or the Member’s account is closed, any remaining earned Points will be forfeited.

We reserve the right to change, modify or terminate the Program, or any or all benefits under the Program or any policy pertaining to the Program, at any time, for any reason, including our right to discontinue or change the Membership Tiers or change the expiration date or redemption value of Points or Rewards, merge the Program with another program, or to adjust how Points or Rewards are received, calculated, or redeemed.

13. Privacy 

Sponsor is committed to protecting your privacy. We will maintain the privacy and security of all personal information collected from Members, including, but not limited to: name, address, email address, telephone numbers, date of birth, account number and purchasing information (“Personal Information”) as more fully described in California Baby Privacy Policy available at https://www.californiababy.com/pages/privacy-security.

You understand that through your use of the Program, you consent to the collection and use of this information. As part of providing you the Program, Sponsor may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Program and your Account.

14. Taxes

You are solely liable for any applicable federal, state or local income, sales, use, or other taxes arising out of the accrual or use of Points. Consult your tax advisor concerning any tax consequences that may arise from your participation in the Program.

15. Severability

If a court of competent jurisdiction or any government agency determines that any provision of these Terms is void or unenforceable, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be considered as part of these Terms. However, all other provisions will remain in full force and effect.

16. Limited Time to File Claims

If you want to assert a dispute against Sponsor, then you must commence it within two (2) years from the date of the activity that first gave rise to the dispute, or it will be forever barred. “Commencing” means filing for arbitration with the AAA as set forth in the these Terms.

17. Binding Arbitration/Class Waiver

For any dispute with Sponsor, you agree to first contact Sponsor at customersupport@californiababy.com and attempt to resolve the dispute with Sponsor informally. In the unlikely event that Sponsor has not been able to resolve a dispute it has with you after attempting to do so for a period of sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any of Sponsor’s claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of Los Angeles under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Sponsor from seeking injunctive or other equitable relief from the courts as necessary to protect any of Sponsor’s proprietary interests.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU AND SPONSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

18. Choice of Law / Jurisdiction

The laws of the State of California govern these Terms and any dispute of any sort that may arise between you and Sponsor or its affiliates, without regard to conflict of laws rules, as if entered into by residents of California and fully performed therein. Subject to the binding Arbitration clause above, You irrevocably consent to the jurisdiction of the state courts located in or serving Los Angeles county or a federal court of competent jurisdiction in the United States District Court for any action relating to the Website, the Program or these Terms. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

19. Miscellaneous

1. Fraud. Fraud or abuse relating to the membership registration process, providing of personal information, or earning or redemption of Points is a violation of these Terms. You are solely responsible for any fraudulent use that may occur due to the theft of or sharing of your account password or your device. You agree to immediately notify Sponsor of any unauthorized use of the Member’s account or any other breach of security known to you. The Program is a service provided to an individual participant, not a company or other entity, and a company or other entity may not direct, encourage or allow individuals to participate in the Program for anything other than individual use. Sponsor reserves the right to take any of the actions set forth in these Terms if you engage in fraudulent activity or otherwise use this Program other than in accordance with these Terms and applicable law. ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL OR ENTITY TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF THESE TERMS. SPONSOR RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW AND THIS AGREEMENT.
2. Waiver of Injunctive or Other Equitable Relief. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, THE PROGRAM, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY SPONSOR.
3. Indemnity. In exchange for the right to participate in the Program, you agree to indemnify, defend (at our option) and hold Sponsor harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) your use of the Program and your activities in connection with the Program; (ii) your breach or anticipatory breach of these Terms (as updated from time to time); (iii) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Program or your activities in connection with the Website and/or the Program; (iv) any misrepresentation made by you; and (v) Sponsor’s use of the information that you submit to Sponsor (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Sponsor.
4. Disclaimers. YOUR ACCESS TO AND USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Sponsor and our affiliated entities and each of their respective subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “Program Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
1. the Program and the Website that makes the Program available;
2. the functions, features, or any other elements on, or made accessible through, the Program or the Website;
3. any products, services, or instructions offered or referenced at or linked through the Program or the Website; 
4. security associated with the transmission of any content you transmit to us via the Program or the Website;
5. whether the Website or the servers that make the Website available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device);
6. whether the information (including any instructions) on the Website is accurate, complete, correct, adequate, useful, timely, or reliable;
7. whether any defects to or errors on the Website will be repaired or corrected;
8. viii.whether your access to the Website or App will be uninterrupted;
9. whether the Website will be available at any particular time or location; and
10. whether your use of the Program or Website is lawful in any particular jurisdiction.
5. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN THE PROGRAM PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
6. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
7. This section survives the termination of the Program.

 

 

Referral Program Terms of Use

 

These Referral Program Terms apply to the California Baby Referral Program described on https://www.californiababy.com/pages/refer-a-friend (“Referral Program”). California Natural Living, Inc., dba California Baby + Kids^® (“Company” or “we” or “us”) offers the Referral Program to our customers who are interested in referring friends and/or family to sign up and shop through californiababy.com. These Referral Program Terms govern the participation by members who refer (“Referrers”) and the individuals who are referred (“Referees”) by the Referrers. Referees are typically friends and family of the Referrers.

1. General

This Referral Program is only open to members located in the 50 United States, or the District of Columbia (D.C.). These Referral Program Terms are in addition to any agreements between you and Company, including our Terms of Use and Privacy Policy (collectively, the “General Terms and Conditions”), which you agreed to when you accessed our website or made a purchase. The General Terms and Conditions are hereby incorporated by reference and shall apply to your participation in the Referral Program.

2. Qualified Referrals

Qualified Referral must:

1. Be a natural person (i.e., no businesses, legal entities, or pets) located in the 50 United States, or D.C.;
2. Be a new / first-time customer with Company;
3. Make a purchase using your custom referral link or other methods supplied by us that allow for proper tracking of referrals;
4. Place an order within a reasonable period of time with a subtotal that is greater than a stated minimum; and
5. Consent to and comply with the General Terms and Conditions.

3. Referral Credits

The credit amounts change from time to time and will be set forth on our referral site (“Referral Site”). The applicable credit amounts are set to the value displayed on the Referral Site at the time the invitation was sent to the Referee to participate in the Referral Program.

4. Representations

By participating in the Referral Program, (i) as a Referrer, you represent and warrant that you have a personal relationship with your Referee(s) or otherwise have the necessary consents to submit their information to the Referral Program; and (ii) as a Referrer or Referee, you will comply with all applicable Company policies and terms, and any and all applicable laws, rules and regulations in your participation in the Referral Program.

5. Restrictions

The following is a non-exhaustive list of activities that are not permitted and that will disqualify Referrers and Referees from earning credits through the Referral Program: (i) self-referral; (ii) making purchases on behalf of another or under an account that is not yours; (iii) creating fake accounts, blogs, web pages, profiles, websites, links or messages; (iv) any bulk email distribution, submission or distribution to strangers, or any other promotion that would constitute or appear to constitute unsolicited commercial email or “spam”; (v) posting your referral link on any page that is not owned and controlled by you, including, but not limited to, any merchant, Facebook, or forum page; (vi) bidding on any keywords containing Company marks or common misspellings thereof; (vii) placement of our logos or mention of our trademarks or tradenames in any ad text, extensions or banner ads; (viii) paid advertising for the purpose of generating traffic directly to your referral link; (ix) misleading or attempting to mislead anyone in connection with the Referral Program, including, but not limited to, misrepresenting your relationship with us or posing as our representative in an official capacity; or (x) taking any action or making any content that is disparaging or defamatory to us. Multiple accounts created with the same name, address, email address or other identifying feature may be flagged as fraudulent referrals. Referral Credits are not valid for cash or cash equivalent or previously paid product purchases. No exchange of value for the Referral Program invitation or any Referral Credit (whether cash, product or barter) is allowed, and Referral Credits cannot be transferred to other people or accounts.

Referral Credits cannot be combined with any other discount codes. Referees may only earn one Referral Credit per referred person. In the event a Referee returns a purchased item relating to the Referral Program, the associated Referral Credit awarded to the Referrer will be rescinded. Any abuse of this offer, as determined by Company in its sole discretion, may result in the rescission of the referring Referrer’s Referral Credit and the inability to participate in this or future promotions. Referral Credits cannot be applied to previous purchases, are not redeemable for cash and are not transferable.

The amount of Referral Credits that you may receive and the time period in which you may earn Referral Credits are subject to limitation.

6. Reservation of Rights

We reserve the right to withhold, deny or cancel any Referral Credits and/or terminate your account if Company, in its sole discretion, deems any Referral Credit as fraudulent, abusive, unethical, suspicious, or otherwise inconsistent with these Referral Program Terms, the General Terms and Conditions or any other applicable law or regulation. Our decisions are final.

7. Termination

We reserve the right to suspend or terminate the Referral Program or to change these Referral Program Terms at any time and for any reason in our sole discretion.