The Alchemy Club - Terms of Use

1. Membership & Eligibility 

The Alchemy Club (the "Program") is a free rewards program offered by True Form Health, Inc. ("Tru Alchemy®") to its customers located in the U.S. Membership in the Program ("Membership") is limited to individuals only and is limited to one account per individual("Member"). You must be age 18 years or older and a legal resident of the United States to be eligible for Membership. 

BY APPLYING FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS").

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION UNLESS YOU OPT-OUT. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS OTHERWISE SPECIFIED.

Tru Alchemy® reserves the right to change or modify the Program Terms & Conditions, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Tru Alchemy® decides to change these Program Terms & Conditions, Tru Alchemy® will post a new version on its website and update the date set forth above. ANY CHANGES OR MODIFICATIONS TO THESE PROGRAM TERMS & CONDITIONS, GUIDELINES OR RULES WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS. THE UPDATED PROGRAM TERMS & CONDITIONS WILL REPLACE THE PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS AROSE. 

2. How it works

Become a Member by creating an account with the email you used on past purchases and immediately earn 150 points. Points expire within 12 months of earning. 

Every time you shop with Tru Alchemy®, you will earn points that can be redeemed toward future purchases. Specifically: 

For every $1 spent on Tru Alchemy® products = 5 points 

Sign up for SMS text messaging from Tru Alchemy® = +75 points

Follow @trualchemyskin on social media = +15 points

Birthday reward = +500 points 

Refer a friend = +500 points per friend once they complete their first purchase.

Subscribe to any of our products and you will be eligible to earn 1.5x the points for every $1 spent as a Member.

Once you start earning points, you may exchange your points for complimentary products, subscription renewals, samples of our full-size products, discounts, and expedited shipping. For every 100 points, you will get $1 off your next purchase.

3. Points Expiration and Limitations 

You expressly agree that your loyalty points are subject to all provisions herein, including that all points expire on a rolling 12-month basis and expire one year after they are earned. 

All rewards points expire on a rolling 12-month basis and expire one year after they are earned. The age of a point will be measured from the date the point is issued on the transaction. If you or we terminate the Program account, or if the Program is terminated or otherwise modified, points may be cancelled before they expire. You may not use expired points. Points will be redeemed in the order in which they were earned.

Points have no cash value. Points are not your property. Points are issued without separate payment or other consideration by you and exist at the sole discretion of Tru Alchemy® as part of a rewards Program. Points cannot be purchased, redeemed for cash or any other monetary value or currency, or used to pay any debt. Points may not be assigned, transferred, or pledged to any third party, except as stated herein. Points may not be transferred by operation of law, such as by inheritance or in bankruptcy.

4. Termination and Modification

The Program and its benefits are offered at Tru Alchemy®’s sole discretion.  Tru Alchemy® may, in its discretion, cancel, modify, restrict or terminate these Terms and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits. 

Tru Alchemy® reserves the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole discretion.  Any suspected abuse of the Program, failure to follow any Program Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, may result in the revocation of your Membership and make you ineligible for further participation in the Program.  If your Membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If Tru Alchemy® suspects illegal activity, fraud, misrepresentation, abuse or violation of these Terms, then Tru Alchemy® also has the right to take appropriate legal action, in our sole discretion.

If you decide you no longer want to be a part of the Program, you may cancel your Membership at any time by contacting Customer Service at 877-203-2404 or via email at support@trualchemyskin.com and requesting to be removed from the Program. If you wish to be removed from the Tru Alchemy® site entirely, as well as the Program, you can also request to be completely forgotten.

5. Limitation of Liability 

TO THE FULLEST EXTENT PERMITTED BY LAW, TRU ALCHEMY® WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON TRU ALCHEMY®'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM TRU ALCHEMY AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. 

6. Copyright 

All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software owned by Tru  Alchemy Health, Inc. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of Tru Alchemy and protected by applicable copyright laws. All software used in connection with the Program is the property of Tru Alchemy or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated one part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, displayer performance - without the prior written permission of Tru Alchemy is strictly prohibited. 

7. Resolving Disputes 

If a dispute should arise between you and Tru Alchemy®, please contact our customer service team by emailing support@trualchemyskin.com or by calling 877-203-2404. If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

8. Legal Disputes; Class Action Waiver; Jury Trial Waiver 

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A TRIAL IN FRONT OF A JURY. 

You and Tru Alchemy® agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Tru Alchemy® hereby waive any right to a jury trial of any controversies, claims, counterclaims, and/or other disputes arising between you and Tru Alchemy® and/or any aspect of our relationship with you (each a “Claim”), shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association, Consumer Arbitration Rules (“AAA Rules”). The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the AAA. The arbitration will be heard and determined by a single arbitrator in the English language in Los Angeles, California, or telephonically, or at a mutually agreed upon location in the United States. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. 

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including but not limited to, those for any attorneys, experts, documents, and witnesses. You and Tru Alchemy® also have the right to bring qualifying claims in small claims court. The arbitrator can provide the same rights and remedies that you can obtain in court, including injunctive relief. 

The arbitrator shall follow the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. In all other respects, the substantive law of the state of your residence shall apply without regard to conflicts of laws principles. 

NEITHER YOU NOR TRU ALCHEMY® MAY ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM. CLAIMS MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR CAN DECIDE ONLY YOUR OR TRU ALCHEMY® INDIVIDUAL CLAIMS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. 

If any provision of this section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section shall continue in full force and effect. Failure or any delay in enforcing this arbitration provision in connection with any Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims. 

This section of these Terms will survive the termination of your relationship with Tru Alchemy®. 

30 DAY RIGHT TO OPT-OUT. YOU HAVE THE RIGHT TO OPT-OUT AND NOT BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH IN THIS SECTION OF THESE TERMS BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT-OUT BY EMAILING US AT SUPPORT@TRUALCHEMYSKIN.COM. THE NOTICE MUST BE SENT WITHIN THIRTY (30) DAYS OF ACCEPTING THESE TERMS, OTHERWISE YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE SECTIONS. 

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

9. Severability 

The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Tru Alchemy®, or alternatively, by a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions. 

10. Contact Us

For information about the Program and your membership, contact Customer Service at 877-203-2404 or via email at support@trualchemyskin.com.  You will be required to confirm your full name and email address in order to validate your account. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet.