High Pass
Rewards Program
These Terms and Conditions (these “Terms” or this “Agreement”) govern the Five CBD High Pass Rewards Program (“Membership” or “Membership Program”), which is a loyalty program brought to you by Five CBD (“we,” “us,” “our,” “ours” or “Five CBD”). You purchase of and/or use of any Membership at any time subjects the purchaser or user (“you,” “your,” “yours,” “Rewards Member” or “Member”) to the provisions of these Terms, as amended from time to time.
You must be age 21 years or older to be eligible for Membership. The Membership Program is valid only with respect to your qualifying activity on our website (“Website”) and our mobile app (the Website and the app are collectively, “Enjoyfive.com”)
BY AGREEING TO THESE TERMS, YOU AGREE TO THE DSIPTUE-RESOLUTION TERMS IN SECTION 10, INCLUING MANDATORY INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER.
1. PROGRAM BENEFITS
Benefits: Subject to the exclusions set forth directly below:
- 10% stackable discount order code on eligible purchases made on enjoyfive.com, which include one-time offers, bundles, and subscriptions (the “Member Discount”).
- Exclusive access to promotions for additional discounts.
- Periodic special offers and promotions on enjoyfive.com.
- Early or exclusive access to special promotions, events, new flavors and products.
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Certain Conditions:
- The Member Discount is not available on products featured in certain designated promotions or sales, or on the following items and other charges: Gift Cards and eGift Cards.
- Where applicable, the Member Discount will be applied first before any other eligible coupons, Rewards, discounts or deductions are applied.
Exclusions:
· Acquisition sample offers are not stackable. Other exclusions as identified in product advertisements or as otherwise noted.
MEMBERSHIP FEE
The annual Membership fee is $60.00. Membership fees are subject to taxation in accordance with applicable federal or state law. We reserve the right in our sole discretion to change the Membership fee at any time, but changes will apply only to new and renewal Memberships.
Upon signing up for a Membership, your account will remain active unless otherwise cancelled by you (see Section 4 below) or terminated by us in our sole discretion (see Sections 5 and 6 below), or your Membership expires.
Membership fees are not refundable, except within thirty (30) days of the purchase date of the new or renewal Membership or the Automatic Renewal charge date of the Membership and (i) you did not use your Membership to obtain an eligible discount or benefit during the new or renewal Membership term, or (ii) your Membership was renewed during your current Membership term and the renewal Membership term has not yet started and you did not use your Membership to obtain an eligible benefit. No refunds will be available after such thirty (30) day period (unless we terminate Membership in its entirety; see Section 5 below). In the event the Membership fee is refunded, the Membership will be cancelled immediately. Please note that escalated complaints are and exception and will be handled on a case-by-case basis.
You authorize us to charge the credit card or other payment method provided by you for all fees due under this Agreement, including any renewal terms, discussed below. If any payment is declined, returned, or otherwise fails to process successfully, we may (i) attempt to reprocess the payment up to 3 additional times within a 7-day period; and (ii) notify you of the failed payment and provide an opportunity to update payment information.
If payment remains unsuccessful after such attempts, we reserve the right to suspend or terminate your access to Membership until payment is received in full. Continued failure to provide valid payment may result in the cancellation of the subscription and the referral of the account to collections as you will remain responsible of any unpaid amounts, including applicable interests or collection costs.
MEMBERSHIP TERM
For new Membership Members, the Membership Term shall expire 12 months from the date of purchase of an annual Membership.
2. AUTOMATIC RENEWAL; BILLING
EACH MEMBERSHIP WILL AUTOMATICALLY RENEW (“AUTOMATIC RENEWAL”) EACH YEAR FOR ADDITIONAL 12-MONTH PERIODS THAT COMMENCE ON THE DAY AFTER THE PREVIOUS PREMIUM MEMBERSHIP TERM ENDS UNLESS (I) YOU HAVE ELECTED TO OPT OUT OF AUTOMATIC RENEWAL AFTER YOUR ENROLLMENT (SEE INSTRUCTIONS BELOW ON HOW YOU OPT OUT OF AUTOMATIC RENEWAL) OR (II) YOUR MEMBERSHIP IS CANCELLED OR TERMINATED.
When you join Membership and are enrolled in Automatic Renewal you will receive a 14-day notice in advance of your renewal date of the upcoming renewal. You may cancel renewal at any time prior to the start of your renewal. You may opt out by using our 24/7 self-service cancellation function via enjoyfive.com or website chat bot.
If you do not opt out of Automatic Renewal at least 72-hours prior to your renewal date, and your account shows that you have not opted-out of Automatic Renewal at least 72-hours prior to your renewal date, upon your next renewal date, you will be billed for your annual or monthly renewal, as applicable, via the form of payment we currently have on file for you that was updated by the applicable payment service provider, and to which you authorize us to continue to charge the Membership fee. If your credit card is expired at the time of renewal, your renewal will not be processed, and your membership will be paused until we receive an updated form of payment. You are not eligible to receive membership benefits while your membership is paused.
If you have opted out of Automatic Renewal, you may re-enroll in Automatic Renewal by updating your Member profile through your enjoyfive.com account.
3. MEMBER INFORMATION.
Members are responsible for submitting and maintaining accurate and current user information in connection with their Membership. Such information may include name, physical address, email address, and any other information we may require from time to time. Periodically we will utilize the National Change of Address (NCOA) database through information provided by the United States Postal Service to update the mailing address of accounts in our database. Members can change their account information by (i) updating Member profile data through an authenticated enjoyfive.com account, or (ii) emailing us at support@enjoyfive.com. We cannot and do not assume any liability for correspondence, mail or email that is lost, delayed, or misdirected.
Memberships are for individual use only and are non-transferable. Members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using Membership benefits. An email address may be associated with only one Membership account. For use on enjoyfive.com, a Membership may be associated with only one enjoyfive.com account.
4. CANCELLATION BY MEMBER
You have the right to cancel your Membership at any time by contacting us at support@enjoyfive.com and notifying us that you want to cancel your Membership. In the event of cancellation, the Membership account is terminated, effective immediately, and can no longer be used. You will not be entitled to a refund of the Membership fee except as set forth in Section 1.
5. OUR TERMINATION OF MEMBER’S ACCOUNT
We may terminate your Membership without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests or another user.
In the event of any such termination, you will not be entitled to a refund of your Membership fee and any accumulated Stamps or Rewards balance will be forfeited.
6. TERMINATION OF MEMBERSHIP BENEFITS OR PROGRAM
We may terminate the Membership Program or any or all Membership benefits at any time with or without notice.
In the event of the termination of the Membership program, at our election, we will either maintain your Membership benefits until the expiration of a Member’s Membership current term or refund each Member a pro rata portion of the Membership fee for the remaining portion of the current Membership term.
7. PRIVACY POLICY
As a Member, the information we capture will be subject to the Five CBD Privacy Policy as amended from time to time in accordance with its terms. You may view the current version of the Five CBD Privacy Policy at any time online at privacy.enjoyfive.com.
8. DISCLAIMERS; LIMITATION OF LIABILITY
USE OF THE FIVE CBD HIGH PASS MEMBERSHIP PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
FIVE CBD AND ALL OF ITS RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY “MEMBERSHIP PROVIDERS”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i) THE FIVE CBD HIGH PASS MEMBERSHIP PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE FIVE CBD HIGH PASS MEMBERSHIP PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE FIVE CBD HIGH PASS MEMBERSHIP PROGRAM WILL MEET YOUR EXPECTATIONS.
MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE FIVE CBD HIGH PASS MEMBERSHIP PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE THE FIVE CBD HIGH PASS MEMBERSHIP PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR THE FIVE CBD HIGH PASS MEMBERSHIP PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE FIVE CBD HIGH PASS MEMBERSHIP PROGRAM. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
9. GOVERNING LAW
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the United States.
10. DISPUTE RESOLUTION
PLEASE READ THIS SECTION 1) CAREFULLY BECAUSE IT REQUIRES YOU AND FIVE CBD TO AGREE TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. THIS SECTION 10 PRECLUDES YOU AND FIVE CBD FROM SUING IN COURT, HAVING A TRIAL BY JURY, OR PARTICIPATING IN A CLASS ACTION, UNLESS OTHERWISE PROVIDED IN THESE TERMS. YOU AND FIVE CBD AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. FIVE CBD AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
FOLLOW THE INSTRUCTIONS BELOW IN SECTION 10.11 IF YOU WISH TO OPT OUT OF ARBITRATION ON AN INDIVIDUAL BASIS.
10.1 Claims Subject to this Section. This Section 10 applies to all Claims between you and Five CBD. A “Claim” is any dispute, claim, cause of action, or controversy (excluding those exceptions listed below) between you and Five CBD, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and, as permitted by law, for which either party wishes to seek legal recourse and that arises from or relates to the Five CBD products; a Five CBD account; the use of your information by or for Five CBD; or Claims related to the validity, enforceability, or scope of these Terms or any portion of them.
10.2 Required Informal Dispute Resolution. Except as permitted under Section 10.5, if you have a Claim against Five CBD or if Five CBD has a Claim against you, you and Five CBD must first attempt to resolve the Claim informally before either party may bring the Claim in arbitration. You and Five CBD will make a good-faith effort to negotiate for 60 days the resolution of any Claim or for a longer period as mutually agreed in writing (email suffices) by you and Five CBD (“Informal Resolution Period”) from the day you or Five CBD receive a written notice of a Claim from the other party (a “Claimant Notice”) in accordance with this Section 10.2.
10.3 You will send any Claimant Notice to Five CBD by email to support.enjoyfive.com. Five CBD will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Five CBD, including the email address associated with your Five CBD account. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, telephone number, and any relevant account or purchase information; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief requested.
10.4 You or Five CBD cannot file a Claim in arbitration (or court in accordance with Section 10.5) before the end of the Informal Resolution Period. The statute of limitations and any filing-fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim.
10.5 Claims Subject to Binding Arbitration; Exceptions. Except for Claims (i) exclusively related to the intellectual-property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights) of you or Five CBD (“IP Claims”), including any disputes in which you or Five CBD seek injunctive or other equitable relief for the alleged unlawful use or infringement of intellectual property or (ii) that are properly asserted in small-claims court (provided that the small-claims court does not permit class or similar representative actions or relief), all Claims, including Claims that are not related to intellectual property or intellectual-property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 10.2 will only be resolved through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the validity, enforceability, or scope of the arbitration provision or any portion of the arbitration provision.
10.6 Binding Individual Arbitration. Subject to the terms of this Section 10.6, a Claim not excluded under Section 10.5 may only be resolved by binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”). If you are a “Consumer,” meaning that you only use the Five CBD Services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules are the rules applicable to Claims between you and Five CBD as modified by this Section 10 (the “Rules”). If you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and Five CBD as modified by this Section 10.
This agreement to arbitrate affects interstate commerce, and the enforceability of these Terms will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Terms, and the applicable Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim in arbitration and to grant any remedy or relief that would be available in a court under law or in equity, including the power to determine all questions of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Five CBD to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence). The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
You or Five CBD may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with the AAA in accordance with the Rules. Instructions for filing a demand for arbitration with the AAA are available on the AAA website or by calling the AAA at 800-778-7879. You will send a copy of any demand for arbitration to Five CBD by email to support.enjoyfive.com. Five CBD will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Five CBD, including the email address associated with your FIVE CBD account.
10.7 Class Action Waiver. Any such arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class-action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration agreement set forth in this Section 10 shall be deemed void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims. Any such claims so released from arbitration must be resolved in accordance with Section 13.
10.8 Arbitration Fees. Except for Mass Arbitrations (as defined in Section 10.10), to the extent the initial-filing fee for the arbitration exceeds the initial-filing fee for a lawsuit, Five CBD will pay the difference in fees. Unless otherwise prohibited by law, you and Five CBD have 90 days from receipt of an arbitration-fee invoice to pay the invoiced arbitration fees.
10.9 Confidentiality. If you or FIVE CBD submits a Claim to arbitration, you and Five CBD agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade-secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and FIVE CBD agree to seek such protection before any such exchange.
10.10 Mass Arbitrations. If 25 or more Claimant Notices are received within 180 days of the first Claimant Notice by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Mass Arbitrations” and will be treated as mass arbitrations according to the AAA’s Mass Arbitration Supplementary Rules, if and to the extent Mass Arbitrations are filed in arbitration as set forth in this Section 10. You or Five CBD may advise the other if you or Five CBD believe that Claims are Mass Arbitrations, and disputes over whether a Claim meets the definition of “Mass Arbitrations” will be decided by the arbitration provider as an administrative matter. To the extent either party is asserting the same Claim as other persons and are represented by common or coordinated counsel, that party waives any objection that the joinder of all such persons is impracticable. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.
Mass Arbitrations may only be filed in arbitration as permitted by the process set forth below. Applicable statutes of limitations will be tolled for Claims asserted in a Mass Arbitration from the time a compliant Claimant Notice has been received by a party until this Section 10 permits such Mass Arbitration to be filed in arbitration or court.
Initial Bellwether: The bellwether process set forth in this Section 10.10 will not proceed until counsel representing the Mass Arbitrations has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Mass Arbitrations have been submitted.
After that point, counsel for the parties will select 20 individual arbitrations from the overall Mass Arbitrations to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side will select 10 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Mass Arbitrations will be delayed by this bellwether process. Any remaining Mass Arbitrations shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 10.10.
A single arbitrator will preside over each Mass Arbitration chosen for a bellwether proceeding, and only one Mass Arbitration may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
Mediation: Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Mass Arbitrations with the mediator’s fee paid by Five CBD. Counsel for the claimants and the other party must agree on a mediator within thirty (30) days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the AAA will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
Remaining Claims: If the mediation does not yield a global resolution of all remaining Mass Arbitrations, the arbitration requirement in this Section 10 will no longer apply to Mass Arbitrations for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether proceedings. Such Mass Arbitrations released from the arbitration requirement must be resolved in accordance with Section 13.
If Mass Arbitrations released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the class sought may comprise only the claimants in Mass Arbitrations for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.
Courts will have authority to enforce the bellwether and mediation processes defined in this Section 10.10 and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
10.11 30-Day Right to Opt Out. You have the right to opt out of this Section 10 by sending written notice of your decision to opt out to the following address within 30 days of first agreeing to these Terms to Five CBD by emailing us at supportenjoyfive.com. Such notice must include the name of each person opting out and contact information for each such person. If you send timely written notice containing the required information, then this Section 10 will not apply to you or Five CBD. If you do not send such notice, you agree to be bound by this Section 10.
10.10 Enforcement. If any part of this Section 10 is held to be invalid or unenforceable, that part will no longer apply to the parties but all other parts of Section 10 will remain in effect unless otherwise provided in this Section 10. If Five CBD does not enforce any provision of this Section 10, that will not be considered a waiver of Five CBD’s rights. Any waiver of this Section 10 or these Terms must be obtained in a written document signed by an authorized representative of Five CBD.
Except as otherwise provided in this Section 10, if a Claim does not proceed in arbitration, the class-action waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals in a single proceeding, except that you and Five CBD may participate in a classwide, collective, and/or representative settlement of Claims.
11. ACKNOWLEDGEMENT
This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the Five CBD High Pass Membership Program with respect to the Five CBD High Pass Membership Program and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any portion of the Five CBD High Pass Membership Program is deemed to have accepted these Terms.
12. CHANGES TO THE AGREEMENT
You can review the most current version of these Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
13. CONTACT INFORMATION
Question about these Terms should be sent to us at support@enjoyfive.com.
