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Simply Smart™ Rewards Program Terms and Conditions


The Simply Smart™ Rewards Program (the “Program”) is a service of Solta Medical, Inc. (“Solta”) administered by Whapps, LLC, dba Online Rewards (“Online Rewards”). This Program is provided to you subject to your acceptance of and compliance with this Terms and Conditions Agreement (this “Agreement”). Please read the terms contained herein carefully before participating in the Program. Your registration with and participation in the Program confirms your unconditional acceptance of this Agreement. If you do not accept these terms and conditions, do not register for or use the Program.

Eligibility and Registration: Eligibility for the Program is limited to physicians and/or physicians’ practices that own and use a Clear + Brilliant® treatment system (“Doctors”) and patients who receive Clear + Brilliant® laser skin treatment (“Participants”). The Program is restricted to residents of and/or businesses operating in the United States of America and Canada (excluding the Province of Quebec). Further, all Participants must be 18 years of age or older and of the age of majority in the jurisdiction in which they reside.

Doctors will be provided with a registration key and may register for the Program at http://www.simplysmartrewards.com or by contacting Solta at marketing@solta.com.

Participants can register for the Program only through a participating Doctor in connection with receiving a Clear + Brilliant laser skin treatment. For a listing of Doctors participating in the Simply Smart Rewards Program, please visit http://www.clearandbrilliant.com/consumer/find-a-doctor.

Solta reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Solta): (i) for the purposes of verifying a Doctor’s and/or Participant’s eligibility to participate in this Program; and/or (ii) for any other reason Solta deems necessary, in its sole and absolute discretion, for the purposes of administering this Program in accordance with the terms and conditions of this Agreement. Failure to provide such proof to the complete satisfaction of Solta in a timely manner may result in disqualification.

User Account: Upon your eligibility as provided above, participation in the Program requires you to create and maintain a user account. Creating a user account involves submission of certain registration data, which shall include, but is not necessarily limited to, your name, mailing address, and a valid email address.

If you are a Doctor, you must use a registration key in order to create a user account. A registration key will be provided to you or you can contact Solta at marketing@solta.com. Once you have obtained your registration key as provided above, you may create a user account online at http://simplysmartrewards.com/registration/doctor/.

If you are a Participant, you must ask your Doctor to initiate the process of creating your user account as part of the registration process with your Doctor, but it is then your responsibility to activate the account in accordance with the instructions that will be sent to you via email. If you have any questions about your user account, you may contact Solta at consumer@solta.com.

Whether you are a Doctor or Participant, you agree to maintain the accuracy of your user account information and to inform Solta promptly of any changes to that information, including but not limited to any changes to your email address. You agree to accept responsibility for all activities that occur under your user account including but not limited to any harm to Solta’s website or its computer resources caused by anyone using your user account or any unauthorized access to your account or unauthorized points redemption. We assume no liability or responsibility for any points redeemed by any person(s) prior to your notification to us that your user account has been compromised. You agree that you will not disclose your user name or account password to others or allow others to access your user account, and you agree to notify Solta immediately in writing of any unauthorized use of your user account or of any need to deactivate a username due to security concerns. Solta is neither responsible for nor liable for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge. Further, you acknowledge that the use of your username and password is an adequate form of security to protect your user account and all information associated therewith.

Rewards Program Benefits: Participants enrolled in the Program can earn points when they receive a Clear + Brilliant laser skin treatment or by referring other patients to the Program. These points may be exchanged for certain rewards. For details regarding how a Participant earns points and the rewards that can be obtained with those points, as well as the means to redeem those points, please consult the Participant Rewards Program description found here: http://www.clearandbrilliant.com/consumer/simply-smart-rewards.

Participants may earn additional points by referring friends or family members to participate in the Program. To refer a friend or family member, enter their unique name and email address in the space provided. As a Participant, you will receive one hundred (100) points for each unique friend or family member you refer who receives a Clear + Brilliant laser skin treatment from a participating Doctor. You may only refer friends and family members: (i) from whom you have received permission to provide their email address to Solta; (ii) with whom you have a ‘personal relationship’ or to whom you are related by blood relationship, marriage, a common-law partnership, or adoption. You cannot invite the same friend or family member more than one (1) time. Each friend or family member will be sent an email containing a unique referral code. This email will indicate that it has been sent on your behalf and will identify you. The referred email addresses will only be used by Solta for the purpose of contacting your friend(s) or family member(s), on your behalf, to provide information about the Program so they can sign up if they choose to do so and they will not be added to any direct marketing list or used in any direct marketing programs without their consent. You or your friend(s) and/or family member(s) may withdraw consent for us to use your/their personal information at any time. If you have any questions, please contact our Privacy Officer by sending an email to legal@solta.com, calling 1-877-782-2286, or writing to Solta Medical, Inc., 25881 Industrial Boulevard, CA 94545, U.S.A.

Points may not be redeemed by any individual or entity other than the Participant associated with the points. All decisions of Solta with respect to points (including, without limitation, the accuracy of a Participant’s point total and/or the validity of any points) are final and binding on all Participants without right of appeal. Points have no cash value and are not exchangeable for cash. Points have no value outside of this Program. Except as permitted from time to time by Solta in our sole and absolute discretion, points cannot be assigned, exchanged, traded, bartered, purchased, given by gift or otherwise sold. Any points so acquired are void. The accumulation of points does not entitle the Participant to any vested rights, and Solta does not guarantee in any way the continued availability of any reward or any other benefit. All points are subject to verification at any time for any reason. Solta reserves the right, in our sole and absolute discretion, to invalidate any points we deem to have been awarded in error, or as the result of any fraudulent activity, or any activity not in keeping with the letter and/or spirit of the terms and conditions of this Agreement, as interpreted by us in our sole and absolute discretion. Any points that cannot be verified to the complete satisfaction of Solta are subject to disqualification. Solta will not be liable for the failure of any points to be captured or recorded for any reason. Points are reduced to zero (0) upon closure of a user account (regardless of the reason for user account closure). Upon the death or personal bankruptcy of a Participant or Doctor, the associated user account will be closed and any points in the user account will be forfeited. Points are not divisible in the case of divorce. Points are reduced to zero (0) upon the termination of the Program. If due to printing, production, online, internet, computer or other error of any kind, more points are claimed or credited to a user account than intended to be distributed according to the terms and conditions of this Agreement, then, in addition to having the right to terminate the Program immediately, Solta reserves the right, in its sole and absolute discretion, to rescind invalid point claims, or to deduct such invalid points from the applicable user account(s).

Doctors enrolled in the Program earn rewards by honoring discount claim coupons used by Participants. For details regarding the rewards available to Doctors as well as the means to obtain those rewards, please consult the Doctors Rewards Program description found here http://www.clearandbrilliant.com/physician/simply-smart-rewards. To receive a reward, a Doctor’s account with Solta must be in good standing.

Any abuse by a Participant or Doctor of the Program’s privileges, any failure by a Participant or Doctor to follow this Agreement, or any misrepresentation by a Participant or Doctor may subject the Participant or Doctor to expulsion from the Program, including forfeiture of all accumulated points and/or rewards.

Solta does not guarantee that any particular reward will be available at any given time. As with all aspects of the Program, Solta reserves the right to change the particulars regarding the earning and redemption of rewards or points. Any changes to the rewards or points offered will be listed on a revised description of the reward offerings posted on the pages linked above.

If events beyond Solta’s control materially affect our ability to operate the Program, as determined in the sole and absolute discretion of Solta, the Program may be suspended or terminated without notice and without Solta incurring any liability or obligation.

Taxes: Rewards redeemed under the Program may be subject to applicable federal, state, provincial/territorial and/or local taxes. Payment of taxes resulting from these rewards is the sole responsibility of the Participant and/or Doctor, as appropriate, and not Solta or any of its affiliates or agents. When required, Solta will report earnings under this program in accordance with applicable law.

Additional Terms and Conditions;

Privacy: Participation in the Program requires you to use Solta’s web site. Use of the website is subject to additional terms and conditions, found here: http://www.solta.com, and your activities on the site are governed by Solta’s Privacy Policy, found here: at http://www.soltadigital.com/privacy. By registering for and/or participating in the Program, you agree to be bound by the website terms and conditions agreement, and consent to Solta’s collection and use of personal information or personal health information as discussed in the Privacy Policy and HIPAA Policy. Information on Solta’s Health Information Policy can be found on the Clear + Brilliant website here: http://www.clearandbrilliant.com.

Any hyperlinks contained within the terms and conditions of this Agreement are hereby incorporated by reference and form part of this Agreement.

Changes and Disputes: Subject to applicable law, Solta reserves the right, in its sole and absolute discretion and without prior notice, to modify or discontinue the Program at any time, as well as to make changes to this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through Solta’s website. Your continued participation in the Program following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the Program if you do not agree to be bound by the revised terms and conditions.

Solta reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in this Agreement or on any associated website(s), to the extent necessary, for purposes of verifying compliance by any Doctor or Participant with the terms and conditions of this Agreement, or as a result of technical problems, or in light of any other circumstances which, in the opinion of Solta, in its sole and absolute discretion, affect the proper administration of the Program as contemplated in this Agreement.

All questions or disputes regarding eligibility for the Program and/or regarding either eligibility for or availability of particular rewards shall be resolved by Solta in its sole discretion. Further, the decisions of Solta with respect to all aspects of this Program are final and binding on all Participants/Doctors without right of appeal.

Every effort has been made to ensure that the information herein and on any related websites is correct. However, Solta is not responsible for and accepts no liability in relation to any errors or omissions in printed copies of this Agreement nor those published from time to time on any website.

Any waiver by Solta of the strict observance, performance or compliance by a Doctor or Participant with any of this Agreement, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of Solta as a result of any other failure to observe, perform or comply with the terms and conditions of this Agreement. No delay or omission by Solta in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.

By participating in this Program, each Doctor agrees to determine to his or her own satisfaction that his or her participation in the Program is not prohibited by any laws, regulations, policies or standards in effect in the jurisdiction in which the Doctor resides. Solta has not reviewed the relevant legislation in all applicable US or Canadian jurisdictions and makes no representation or warranty as to the acceptability of a Doctor or other professional participating in the Program in any particular jurisdiction.

By participating, each Doctor and Participant agrees to release and hold harmless Solta, its parent companies, subsidiaries, affiliates, suppliers and each of their respective officers, directors, agents, representatives, successors and assigns from any and all liability in connection with this Program, his/her participation therein and/or the redemption and use/misuse of any reward or any portion thereof. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL ASPECTS OF THE PROGRAM ARE PROVIDED "AS IS" WITHOUT ANY CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

By participating in this Program, each Doctor and Participant agrees, to the fullest extent permitted by applicable law, that: (i) he/she will contact Solta directly and give us the opportunity to try to resolve any and all disputes before taking any action in court, or otherwise; and (ii) except where prohibited by applicable law (including, without limitation, in Ontario and Quebec), any and all disputes, claims and causes of action arising out of or connected with the Program shall be resolved individually, without resort to any form of class action.

In the event that any provision in this Agreement is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of this Agreement.

Consent to Electronic Communications: By creating a user account with Solta through our program administrator, Online Rewards, and providing us with your email address, you consent to receive communications from us and/or our program administrator, Online Rewards electronically via the email address associated with your user account. Emails sent by Online Rewards on behalf of Solta will be limited to your activity and participation in the Simply Smart Rewards Program. You agree that any and all electronic communications between you and Solta and/or Online Rewards on behalf of Solta satisfy any legal requirement that such communications be in writing. Although you can opt not to receive promotional messages, Solta retains the right to send you informational email messages about your user account or administrative notices regarding the Program, as permitted under applicable law, including for U.S. residents, the CAN-SPAM Act (15 U.S.C. §7701 et seq.).

Intellectual Property Rights. Unless otherwise noted, all textual, graphical and other creative content (“Content”) used in connection with the Program and the provision of related services are owned by Solta or its suppliers, licensors, partners or affiliates and are protected by United States and international copyright laws and other applicable intellectual property laws. Trademarks, logos, and service marks displayed in connection with the Program and related materials are owned by Solta and third parties. All trademarks not owned by Solta are the property of their respective owners, and, where used by Solta, are used with permission. Nothing contained on this site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. You agree that you will not take any actions inconsistent with Solta’s ownership of the Content, or with Solta’s ownership of, or any third party’s ownership of, the trademarks and trade dress used in connection with the Program and related services.

Questions: If you have any questions regarding the Simply Smart™ Rewards Program, please contact Solta at marketing@solta.com.