Kenra Diamond Rewards Program Terms
Effective Date: October 1, 2023
The Kenra Diamond Rewards program (the “Program”) is a rewards program offered by Henkel Corporation and/or its subsidiary or affiliated companies, including the Kenra Professional® brand (the “Brand”) (collectively, Henkel, its subsidiaries and affiliated companies, and the Brand are referred to as “Henkel,” “we,” “our,” or “us”) to Participants (defined below) located in the United States. These Kenra Diamond Rewards Program Terms (the “Program Terms”) apply to and govern your access to and participation in the Program. These Program Terms supplement Henkel’s Terms of Use; by applying for membership in the Program (“Membership”) or by accessing or participating in the Program, you accept and agree to be bound by these Program Terms and our Terms of Use, and you opt-in to the Program as described in our Henkel Consumer Brands Notice of Financial Incentive. You also acknowledge that you have received the Henkel North America Privacy Policy and Henkel California Privacy Notice, and consent to the privacy practices described therein.
PLEASE READ THESE PROGRAM TERMS CAREFULLY. THEY REQUIRE MANDATORY BINDING ARBITRATION FOR RESOLUTION OF DISPUTES, WHICH MEANS A JURY WILL NOT HEAR ANY POTENTIAL CLAIMS, AND A CLASS ACTION WAIVER PROVISION. THEY ALSO CONTAIN LIMITATIONS ON HENKEL’S LIABILITY. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE PROGRAM TERMS, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE PROGRAM. BY PARTICIPATING IN THE PROGRAM, YOU UNDERSTAND AND AGREE TO THESE PROGRAM TERMS.
Modifications.
The Program can change from time to time, so be sure to continue to refer to these Program Terms for the latest updates.The Program and its benefits are offered at Henkel’s sole discretion. Henkel reserves the right to terminate, change, limit, modify or cancel the Program or any rules, regulations, eligibility, benefits, Points, Points accruing or accumulation ratio(s), Points redemption policy(ies), tiers, conditions of participation or tiers or benefits accruing to tiers, or any other aspect of the Program at any time, with or without advance notice, even though changes may affect Points and Rewards already in your account(s) by posting such modification(s) on this page. Similarly, Henkel may update, modify, and amend these Program Terms from time to time in its sole discretion by posting the modified rules on this page. Participant’s continued participation in the Program after any such posting will constitute Participant’s acceptance.
Eligibility.
The Program is open to licensed salon owners, stylists, and barbers whose license is currently in good standing in the state(s) in which the participant operates (collectively “Participants”). Participants must be 18 years of age or older at the time of registration. The Program is valid only on purchases of the Brand’s products that are made through participating distributors of the Brand. Valid only in the United States (excluding Puerto Rico). Void where prohibited. Participation in the Program is voluntary. Participants do not need to join the Program to purchase the Brand’s products or other Henkel products.
How to Enroll, Receive and Redeem Program Rewards
Participant may enroll in the Program by registering via the web forms made available by the Brand for enrollment. Points (“Points”) may be earned exclusively by purchasing the Brand’s products through the Brand’s authorized distributors that are participating in the Program (“Eligible Purchases”). Please note that not all distributors are participating in the Program. Participants should check with their distributor to confirm participation. If a distributor is not participating, Participant may ask distributor to join the Program. Until Henkel has confirmed to you that a distributor is participating in the Program, Henkel is not obligated to award Points for purchases made through such distributor.
If you are not certain whether one or more of your distributor(s) is participating in the Program, contact the Brand prior to purchasing from such distributor(s).
Points may be redeemed for a variety of rewards (“Rewards”) that are identified in the Brand’s online catalog. The items eligible for redemption as Rewards are subject at all times to the sole discretion of the Brand, are subject to availability, and may change over time and be modified, changed, or terminated at any time, with or without prior notice, at Henkel’s sole discretion. Products and Rewards are subject to availability while supplies last. There is no guarantee that any particular reward product will be available at the time of redemption.
General Program Conditions and Exclusions
Points are awarded exclusively based on the dollar value of Eligible Purchases or, if expressly stated in Section 5 of these Program Terms, other qualifying behaviors. Points may only be redeemed by the Participant with the Brand, and are not redeemable with other Henkel brands, or transferrable between or among other Henkel brands or other loyalty programs other Henkel brands may offer, or otherwise transferred. Similarly, Points may not be gifted, purchased, sold, bartered, brokered or otherwise transferred.
Points are earned exclusively for Eligible Purchases made after enrollment in the Program and cannot be claimed for any purchases made prior to enrollment. Unless otherwise stated, Participant account spend and Points balances will be communicated to Participant via email or accessible by logging in to Participant’s account.
Points and Rewards have no cash value and cannot be redeemed for cash at any time, are not redeemable for purchases of any products or services (other than redemption for Rewards), are not gift certificates or gift cards, are purely promotional, and do not constitute property of any Participant. No portion of any payment for Eligible Purchases or any Points or Rewards constitute consideration paid for any of the foregoing. Points have no purpose or use other than in exchange for Rewards. Participants must have sufficient Points to redeem Rewards.
If Henkel terminates the Program, any unused Points and Rewards will expire and will be void when the Program is terminated. If your Account is terminated for any reason (including, for example, if you close it or if the Brand terminates it for a violation of these Program Terms), all of your Points and Rewards will immediately expire. If you opt out of and/or withdraw from the Program, all Points and Rewards you have earned will no longer be available and will not be available for reinstatement.
Henkel is not responsible for any taxes incurred relating to the receipt of Points or any Rewards.
We may, but are not obligated to, make promotional offers selectively available to Participants, based on purchase activity, geographic location, Program participation, or other factors. We reserve the right to limit the quantities of Rewards redeemed by a single Participant in a given time period. We reserve the right to limit the redemption of Points or any other Program benefits, and to limit the number of Points and Program benefits available, at any time in its sole discretion.
Unless otherwise stated by the Brand, Rewards cannot be combined with any other discounts, coupons, or other offers. The following do not constitute Eligible Purchases and Henkel is under no obligation to award Points for: (i) purchases of gift cards or gift certificates; and (ii) any amounts paid in surcharges, delivery fees, distributor fees, sales, use or other transactional taxes, gratuities, service charges, or similar fees, fines or charges. For promotions with percent dollar off, Points will be based on the amount Participants paid. If an Eligible Purchase was made for which Points were granted, and all or any part of such Eligible Purchase is returned, the Participant’s Points will be reduced to reflect the returned amount. If due to such a return, the Participant account has a negative Point balance, Points earned on future transactions will be applied to the negative Point balance until return amount is satisfied.
In the case of a dispute regarding the Points or Reward available to any Participant, or to any other matter not directly covered by these Program Terms, we will make the final determination in our discretion and such decision will be final. Upon termination of Membership for any reason, all Points and Rewards will be forfeited and we will not provide cash equivalents therefor.
Subject to the account deactivation rule in the “Accounts” Section below, unless otherwise stated by the Brand, Points expire on December 31 of the second calendar year following the year during which Points were issued. For example, Points issued in 2023 will expire on December 31, 2025.
4.10.Unless otherwise stated herein, no Reward item may be returned or exchanged, be it for Points, another product, or a monetary refund.
4.11.If Participant believes that (i) Points were not properly credited to his/her account or (ii) Participant did not provide distributor number at the time of purchase, then Participant must contact the Brand as outlined in Section 13 below.
Additional Rules for the Kenra Diamond Rewards Program In addition to all terms and conditions of these Program Terms, the following rules govern the Kenra Diamond Rewards Program:
Program Levels For each calendar quarter (each a “Reward Period”), if your Eligible Purchases meet or exceed $1,000.00 (excluding applicable taxes and shipping, and after any applicable rewards or other discounts are applied), then you will earn points at the following rate:
Bronze Level: $1,000.00 – $2,499.99 in Eligible Purchases during a Reward Period. Participants that qualify for Bronze Level receive twenty (20) points for each dollar spent on Eligible Purchases of hair color and ten (10) points for each dollar spent on all other Eligible Purchases during the Reward Period.
Silver Level: $2,500.00 – $3,999.99 in Eligible Purchases during a Reward Period. Participants that qualify for Silver Level receive twenty-eight (28) points for each dollar spent on Eligible Purchases of hair color and fourteen (14) points for each dollar spent on all other Eligible Purchases during the Reward Period.
Gold Level: $4,000.00 – $5,499.99 in Eligible Purchases during a Reward Period. Participants that qualify for Gold Level receive thirty-two (32) points for each dollar spent on Eligible Purchases of hair color and sixteen (16) points for each dollar spent on all other Eligible Purchases during the Reward Period.
Diamond Level: $5,500.00+ in Eligible Purchases during a Reward Period. Participants that qualify for Diamond Level receive forty (40) points for each dollar spent on Eligible Purchases of hair color and twenty (20) points for each dollar spent on all other Eligible Purchases during the Reward Period.
Example of How Kenra Diamond Rewards Levels Work. As an example:
If your salon makes Eligible Purchases of $1,750.00 during a quarterly Reward Period, you will qualify as Bronze Level for that Reward Period. If Eligible Purchases are comprised of $1,000.00 of hair color and $750.00 of other items, you will earn 27,500 points ($1,000.00 x 20 points per dollar spent plus $750.00 x 10 points per dollar spent) for that Reward Period.
Similarly, if your salon then makes Eligible Purchases of $4,200.00 during the next Reward Period, you will qualify as Gold Level for that Reward Period. If Eligible Purchases are comprised of $3,000.00 of hair color and $1,200.00 of other items, you will earn 115,200 points ($3,000.00 x 32 points per dollar spent plus $1,200.00 x 16 points per dollar spent) for that Reward Period.
Multiple Accounts. Multiple accounts may be combined into a single account only if the distributor(s) with whom you maintain such accounts will combine the accounts, and report Eligible Purchases made in those accounts to us as if they were made from a single account.
Accounts can be combined with a maximum of two distributors.
Privacy.
Henkel’s North America Privacy Policy and California Privacy Notice describe our practices relating to personal information. As explained in Henkel’s North America Privacy Policy and California Privacy Notice, we use and retain the information we collect to, among other things, detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity, including attempts to manipulate accumulated Points, or to violate these Program Terms. These Program Terms do not limit any other consent(s) that you may provide us or others in relation to the collection, use and/or disclosure of personal information, or alter in any way the terms or conditions of any other agreement you may have with us for other products or services.
Accounts; Deactivation
Only one Participant account may be associated with one individual and one single email address. Accounts may not be shared or pooled by multiple individuals. In the event of a dispute over ownership of an account, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Program Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Accounts cannot be combined unless permitted under Section 5 hereof; if more than one (1) account is assigned to an individual, or if an individual opens more than one (1) account, Participant will only receive Points for one (1) account. If Section 5 hereof permits Participants to combine Points across accounts, Participant is responsible for contacting the Brand and the applicable distributor(s) to provide all applicable account numbers, and for confirming Participant’s accounts have been combined for purposes of the Program.
Duplicate accounts may be cancelled, and if this occurs, any Points associated with the duplicate account will be forfeited. Participants can combine purchases made across (i) multiple accounts or (ii) up to two distributors by contacting the Brand as outlined in Section 13 below.
In the event an account is inactive for any given three-hundred-sixty-five (365)-day period, Henkel reserves the right to deactivate and to terminate Participant’s account. Inactivity is defined as no Points earned or no point redemption. No extensions, cash refunds or other exchanges will be allowed for Points that have been removed from an account based on inactivity.
We reserve the right to deactivate an account in which Points were obtained as a result of diversion of product, fraudulent, illegal or unethical activity or technical failures of any kind.
We reserve the right, without limitation, to terminate, change, limit, modify or cancel any of the above activities, with or without notice.
Abuse or Misuse of the Program
Henkel has the discretion to invalidate or void Points or Rewards, or to suspend or terminate your Account (both now and in the future), if it believes you improperly obtained Points, abused the Program, or otherwise violated these Program Terms, or if you fail to provide proof of eligibility or identity to its complete satisfaction when requested. Henkel reserves the right to require any type of proof (including without limitation proof of identity, eligibility and/or compliance with these Program Terms) in a form acceptable to Henkel for the Program, including Program participation and Points or Rewards receipt.
By enrolling in the Program, Participant agrees not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any user content (including messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personal information, or other information or materials and the ideas contained therein) (collectively, “UGC”) using any communications service, discussion forum, or other feature available on or through the Program, in any manner, that is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another's privacy, tortious, obscene, profane, infringes on any patent, trademark, trade secret, copyright, right of publicity, right of privacy, any other right of any party or which otherwise violates these Program Terms. Participant further agrees not to (c) upload any content that imposes an unreasonable or disproportionately large load on our computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Program, other accounts, computer systems or networks connected to or related to the Program, through password mining or otherwise; (d) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of us, or any third party; (e) creates Participant accounts by any automated means or under false pretenses or impersonates any person or entity, including an employee or representative of us; or (f) harvests, scrapes or collects any information from the Program website or any other website managed by us.
We are not responsible for incorrect or inaccurate transcription of information, problems related to any of the equipment or programming associated with or utilized by the Participant to access the Program; any human error; any interruption, deletion, omission, defect or failure of any network or electronic transmission for whatever reason, any problems relating to computer equipment, software, inability to access the Program website or online service, or for any other technical or non-technical error or malfunction.
Limitation of Liability
For the avoidance of doubt, you agree to be bound by the Limitation of Liability Section in our Terms of Use. Without limiting the foregoing, AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, SHALL HENKEL AND ITS DIRECT AND INDIRECT PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNED (COLLECTIVELY, “HENKEL PARTIES”) BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM (INCLUDING YOUR POINTS OR ANY BENEFITS); ANY PRODUCTS, PURCHASES, REWARDS, OR REDEMPTIONS IN CONNECTION WITH THE PROGRAM; OUR WEBSITE, MOBILE APPLICATION OR OTHER ONLINE SERVICE (COLLECTIVELY, THE “SERVICE”) OR ANY MATERIALS IN THE SERVICE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE OR INFORMATION AVAILABLE IN THE SERVICE. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT, INCLUDING FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL A HENKEL PARTY’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND/OR CAUSES OF ACTION ARISING OUT OF THE SERVICE EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100), OR THE AMOUNT YOU HAVE PAID HENKEL IN CONNECTION WITH A PRODUCT OR SERVICE UNDERLYING THE CLAIM, AND ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SERVICE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF OUR PRODUCTS) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY HENKEL OR ITS SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY HENKEL TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) HENKEL PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY HENKEL PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST HENKEL PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
Disclaimer of Warranties
For the avoidance of doubt, you agree to be bound by the Disclaimer of Warranties Section in our Terms of Use. Without limiting the foregoing, AS PERMITTED BY APPLICABLE LAW, THE MATERIALS AND INFORMATION ON THE SERVICE, AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HENKEL PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
AS PERMITTED BY APPLICABLE LAW, HENKEL PARTIES DISCLAIM ALL LIABILITY AND ASSUME NO RESPONSIBILITY FOR THE RESULTS OF ANY DEFECTS OR INACCURACIES THAT MAY EXIST IN THE SERVICE, THE PROGRAM, OR ANY PRODUCT OR REWARD. HENKEL MAKES NO WARRANTY THAT (I) THE OPERATION OF THE SERVICE WILL MEET PARTICIPANT´S REQUIREMENTS; (II) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR BE FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT HENKEL) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THE SERVICE.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY HENKEL OR ITS SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY HENKEL, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) HENKEL PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY HENKEL PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST HENKEL PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
Indemnification.
For the avoidance of doubt, you agree to be bound by the Indemnification Section in our Terms of Use. Without limiting the foregoing, you agree to indemnify, defend, and hold harmless Henkel, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (a) the Program or Service, or any product, good, service, or reward in connection with the Program; (b) Your UGC; (c) any access to and/or use of your account (including by you or by any other person accessing or using your account); (d) any violation of our Terms of Use, these Program Terms by you or any person acting on your behalf; (d) any dispute or issue between you and any third parties; and (e) any illegal, unlawful, or wrongful conduct by you and/or any conduct by you that violates (or causes another person to violate) any applicable law, rule or regulation.
Arbitration
Forum Selection/Jurisdiction. For Participants that are not individual residents of the province of Quebec, jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service and all of its content (the “Content”), your UGC, our Terms of Use and/or these Program Terms (collectively, “Dispute”), shall be in Wilmington, Delaware. Each party submits to personal jurisdiction and venue in Wilmington, Delaware for any and all purposes.
Pre-Arbitration Notification. Henkel and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that Henkel need not do so in circumstances where its claims of Intellectual Property (defined as all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein) rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or Henkel – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Henkel is making a claim, the letter shall be sent, via email, to the email address listed in your Participant account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Arbitration Section. If you are making a claim, the letter shall be sent to Henkel Corporation, One Henkel Way, Rocky Hill, CT 06067 (Attn: General Counsel). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Arbitration Section or permitted by the applicable law. Either you or Henkel, however, may seek provisional remedies (such as preliminary injunctive relief, subject to Subsection (d) of this Arbitration Section) before the expiration of this sixty (60)-day period.
Arbitration of Claims. As permitted by applicable law, and for Participants who are not individual residents of the province of Quebec, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Arbitration Section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Delaware before a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of our Terms of Use or these Program Terms waiving or limiting that relief) in a court of competent jurisdiction in the state of Delaware or, if sought by Henkel such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Arbitration Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the courts in Wilmington, Delaware or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.
Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) 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 THE SERVICE, OR ANY ASPECT THEREOF, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY HENKEL PARTY (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY HENKEL PARTY.
Governing Law. For Participants that are not individual residents of the province of Quebec, our Terms of Use, these Program Terms and any applicable Additional Terms (as such term is defined in our Terms of Use), General Disputes and IP Disputes, and any other claim brought by you against Henkel or by Henkel against you pursuant to this Arbitration, or otherwise related to the Service, Content, Henkel Licensed Elements (as such term is defined in our Terms of Use), UGC or other Henkel products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Delaware, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Arbitration Section shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and Henkel agree that we intend that this Arbitration Section satisfies the “writing” requirement of the Federal Arbitration Act. This Arbitration Section can only be amended by mutual agreement. Either party may seek enforcement of this Arbitration Section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
Class Action Waiver. As permitted by applicable law, and for Participants who are not individual residents of the province of Quebec, both you and Henkel waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Arbitration Section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO OUR TERMS OF USE, THESE PROGRAM TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS ARBITRATION SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
Small Claims Matters. Notwithstanding the foregoing, either party may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Subsection (f) of this Arbitration Section.
Supersede. The provisions of this Arbitration Section shall supersede any inconsistent provisions of any prior agreement between the parties. This Arbitration Section shall remain in full force and effect notwithstanding any termination of your use of the Service or these Program Terms.
Severability. If any clause within this Arbitration Section is found to be illegal or unenforceable, that clause will be severed from this Arbitration Section, and the remainder of this Arbitration Section will be given full force and effect.
Contact Us. If you have questions about the Program or these Program Terms, please contact us at hq@kenradiamondrewards.com. If you already have a Kenra Diamond Rewards account and have any questions relating to your account, Points balance, Rewards orders, or other matters, you can also contact us as follows:
For general questions regarding your Kenra Diamond Rewards account, contact Kenra Diamond Rewards Program Headquarters at 877-776-7163.
For questions regarding a specific Rewards order you have placed, contact Kenra Diamond Rewards Customer Service at custserv@spihq.com or 800-255-2639 (9 AM – 5 PM Eastern Time, Monday – Friday).