Climax Points Loyalty Program

My Best Orgasm is proud to offer the Climax Points Loyalty Program (“Program”). 

1.    Welcome to Climax Points.

In the Program, Members earn Points for buying My Best Orgasm merchandise online at www.mybestorgasm.sex (“Website”).

There is no membership or other fee to join the Program.

2.    Who Can Join?

The Program is available to legal residents of the United States or their country of citizenship who are age 18 years (or age of majority in their state/province of residence, whichever is greater) or older.   Before joining and/or participating in the Program, you are strongly advised to carefully review these Terms.  

3.    How to Join.

You may register for the Climax Points Program at the Website by visiting My account – My Best Orgasm. 

At the Website:

1.     Create an account with your first and last name, date of birth, e-mail address, zip code (or postal code) and a password.

2.     Check the box that you have read and agree to these Climax Points Terms. 

Your online Climax Points account will show your Activity History, Climax Points earned, available Benefits and Rewards (see below). It is your sole responsibility to ensure that your account information is current and otherwise accurate, updating such information, as necessary.  It is also your sole responsibility to immediately inform us of any suspected unauthorized activity in your account. Follow the prompts on the website or e-mail My Best Orgasm Customer Service at [email protected].

**Any dispute as to ownership of account will be resolved by My Best Orgasm on its determination of the authorized account holder of this e-mail address.

4.     Earning Climax Points: Point Earning Window

Climax Points can be earned throughout the year.

5.     Earning Climax Points Via Purchase

For each dollar spent on merchandise purchases at the Website, you will receive one (1) Climax Point.

Purchases of gift cards will NOT result in the receipt of Climax Points. Go to Paragraph 14 below for more information regarding Climax Points. 

To receive your Climax Points when shopping online, sign-in to your online Climax Points account before completing your purchase.  Points are awarded once a transaction is deemed ‘Complete’ by our order processing system.

In calculating Climax Points earned, only the purchase price of merchandise will be used.  Taxes, shipping charges and other fees will not be counted.

Climax Points are received immediately upon successfully completing a purchase.

6.     Earning Points Via Additional Activity. 

Certain activities other than merchandise purchases will result in earning Climax Points immediately upon completion of the activity:

Restrictions are provided for illustrative purposes only. My Best Orgasm reserves the right to condition the award of Climax Points upon Member engaging in activity subject to additional terms and conditions (to be provided in advertising/announcing such activity). By way of example only, for “Refer A Friend,” such restrictions include persons who count as a “friend.”

Climax Points earned/received are valid for one (1) year from date of issuance.

7.    Rewards.

Points are redeemable for the purchase of merchandise from Website.  Each one hundred (100) Climax Points earned will result in a value of ten dollars ($10) being available as a redeemable Reward.  A maximum of 500 points can be redeemed on a purchase assuming shopping cart subtotal conditions are met.

Points are redeemable in 100-point increments as follows:

• 100 points are redeemable for $10.00 off a purchase of $75.00 or more;
• 200 points are redeemable for $20.00 off a purchase of $150.00 or more;
• 300 points are redeemable for $30.00 off a purchase of $225.00 or more;
• 400 points are redeemable for $40.00 off a purchase of $300.00 or more; and
• 500 points are redeemable for $50.00 off a purchase of $375.00 or more.

Should a Member have more than five hundred (500) Climax Points available in his or her account, such excess unexpired Climax Points will be available for redemption on a future purchase or purchases subject to the aforementioned. 

Rewards will be in the corresponding currency of Member. For Canadian residents, the Reward will be in Canadian Dollars. For United States residents, the Reward will be in U.S. Dollars.

Rewards are NOT gift cards.

Upon conversion into a Reward, increment(s) of one hundred (100) Climax Points, up to a maximum of five hundred (500) Climax will be deducted from the Member’s account.  

Restrictions on Rewards:

Member may redeem a maximum of one (1) Reward per transaction. If Member places his or her next order on the same day, and he or she has the incremental Climax Points to redeem, that purchase is eligible for a Reward subject to the redemption conditions in this #7 above.

To use Reward online at www.mybestorgasm.sex, Member must be signed into their Climax Points account.

Similarly, Customer Service will honor Reward(s) in conjunction with a transaction if Member can provide proof of Member’s Climax Point Program membership and the applicable Reward(s) that is sufficient to validate the Reward to the satisfaction of Customer Service (and Customer Service will determine whether proof provided by Member is sufficient in Customer Service’s reasonable discretion).

In all cases, if proof of Reward issuance provided by Member is deemed by My Best Orgasm to be inadequate/defective (or if Member fails to provide any proof whatsoever), Member will be required to pay for the transaction in full, as if Member did not intend to redeem Rewards with the Reward and the value of the Reward will be considered forfeited by Member in connection with that transaction. Further, actions by Member in conjunction with attempted redemption of Reward(s) may also constitute fraud as per Paragraph 12 below. 

Climax Points will NOT be rounded up by My Best Orgasm when converting to Rewards.

If Climax Points are not converted by My Best Orgasm into a Reward within one (1) year of date of transaction/activity in which they were earned (i.e., balance of less than one hundred [100] Climax Points in account for one [1] year), such Climax Points will expire WITHOUT ANY WARNING OR NOTICE FROM My Best Orgasm, except as indicated below. 

In instances where the Member has more than 100 Climax Points (for instance, 300 Climax Points), the entire value of Reward need not be used in a single transaction.

Rewards expire one (1) year from the date of issuance WITH OR WITHOUT ANY NOTICE OR WARNING FROM My Best Orgasm, except as indicated below. Any unused value of Reward may be used by Member prior to such expiration date.

Additional terms and conditions apply to use of Rewards (as indicated on e-mail notice including Reward). Without limitation, a Reward:

·       cannot be redeemed for cash or credit;

·       is not transferable;

·       cannot be combined with any other offer, discount, coupon or promotion (except one other Reward per transaction, per day);

·       cannot be redeemed at third party retailers;

·       is good only for the Member receiving the Reward from MyBestOrgasm.sex (and redemption of same may be conditioned upon Member’s provision of valid identification to My Best Orgasm satisfaction);

·       must be used by Member in their country of residence as per zip code/postal code reflected in Member’s online Climax Points account (if not provided by Member, the country in which such Member last made a MyBestOrgasm.sex purchase as per My Best Orgasm’s records; any determination of a Member’s country of residence by My Best Orgasm is final and binding); 

8.    My Best Orgasm’s Right to Modify

My Best Orgasm reserves the right to change the Program (and these Terms, as applicable) at any time in its sole discretion. Such changes may include, by way of example only, the following:

·       Limiting the availability of earning Climax Points to the purchase of specific merchandise items;

·       Adding or restricting the type of non-purchase activities which will result in earning Climax Points (as per Paragraph 6 above);

·       Modifying the conditions on existing non-purchase activities which will result in earning Climax Points;

·       Modifying Rewards, including the conditions on redeeming same;

·       Modifying Benefits which are available; and

·       Modifying the procedure for becoming a Member.

In addition to the foregoing, MyBestOrgasm.sex reserves the right to cancel the Program altogether.  In such event, Climax Points in the Member’s online Climax account as of the date of cancellation will be automatically converted to Rewards (as per Paragraph 7 above) with Reward(s) being issued to the Member via e-mail.

My Best Orgasm will try to provide reasonable notice via the Website (and/or via e-mail notification to each Member, in My Best Orgasm’s sole discretion) in advance of such changes (or Program cancellation, as the case may be) taking effect. Such notice will explain the change (or Program cancellation, as the case may be) and when it takes effect. To the extent that such change affects these Terms (as well as Program cancellation), these Terms will be modified accordingly with the change and its effective date being highlighted herein. However, due to an event beyond the reasonable control of My Best Orgasm (that is, a force majeure event, such as a riot, civil commotion, governmental action, natural disaster, pandemic/epidemic, materials shortage, act of fraud), My Best Orgasm reserves the right to have such changes take effect immediately, without liability of any kind under any legal theory.

Your continued Membership in the Program constitutes your agreement to such changes to the Program (or the cancellation of the Program, as the case may be). You are strongly advised to review these Terms from time to time to make sure that you are fully aware of the current conditions governing operation of the Program.

9.  Privacy & E-Mail Notifications 

Your participation in the Promotion is subject to My Best Orgasm’s Privacy Policy, which may be found at Privacy Policy – My Best Orgasm.  Before joining/participating in the Program, you are strongly encouraged to review My Best Orgasm’s Privacy Policy so that you understand how My Best Orgasm will collect, use and share your personal information in conjunction with offering the Program.

The conditions of My Best Orgasm’s Privacy Policy are made a part of these Terms and incorporated herein by reference.  In the event of any inconsistency between these Terms and My Best Orgasm’s Privacy Policy, My Best Orgasm’s Privacy Policy will prevail, govern and control.

In joining the Program, you agree to receive e-mail messages from My Best Orgasm from time to timerelating to your participation in the Program; for example, notices of Program modifications as per Paragraph 9 above.  You will receive e-mails relating to your participation in the Program from My Best Orgasm unless you decide to cancel your Membership as per Paragraph 13 below. (In the U.S., such messages are commonly referred as “transactional e-mails.”)

My Best Orgasm may also send you promotional e-mails with updates, offers and other information regarding MyBestOrgasm.sex (but NOT the Program.) You may unsubscribe from receipt of promotional e-mails without affecting your participation in the Program. 

My Best Orgasm does not sell consumers’ personal information for money.

10.   Prohibited Conduct

Any conduct determined by MyBestOrgasm.sex, in its sole discretion, to be in violation of these Terms will result in MyBestOrgasm.sex withholding Climax Points, Rewards and/or other Benefits available under this Program.

If such conduct is repeated, blatant or egregious (again as determined by My Best Orgasm in its sole discretion), such individual’s Membership will be terminated (with all Climax Points , unused and/or unissued Rewards and Benefits being forfeited without liability to My Best Orgasm). By way of example only, the following actions constitute violative conduct:

·       Any false or misleading statement/misrepresentation as to making a merchandise purchase or engaging in any point-earning activity;

·       Any false statement or misrepresentation in conjunction with the attempted redemption of Rewards (including proof of Climax Program membership provided at time of attempted redemption);

·       Any other act of fraud perpetrated on MyBestOrgasm.sex as to Program participation; 

·       The attempted acquisition or redemption of Climax Points other than as set forth in these Terms (including the attempted transfer of Climax Points).

Withholding of Climax Points, Rewards and/or Benefits and termination of an individual’s Membership shall not represent the exclusive remedies available to MyBestOrgasm.sex; and, as such, MyBestOrgasm.sex may seek civil and/or criminal prosecution of individuals believed to be engaged in such violative conduct.

MyBestOrgasm.sex expressly disclaims any responsibility to notify or warn a Member that he/she/they has engaged in violative conduct prior to pursuing any of the above remedies.

11.   Cancellation

To cancel your Membership, email [email protected] with your request.

Cancellation of Membership will result in forfeiture of Climax Points and unused and/or unissued Rewards and Benefits without liability of any kind to My Best Orgasm under any legal theory.

12.   General

Points

Award of Climax Points is subject to My Best Orgasm’s determination in its sole discretion that the Member has made the corresponding merchandise purchase or engaged in the corresponding activity in accordance with all applicable restrictions. Should My Best Orgasm determine in its sole discretion that the Member has not done so, My Best Orgasm may reduce the number of Climax Points (or withhold Climax Points altogether) from such Member. 

Climax Points are intended solely to track a Member’s participation in the Program.  Members do not have any property or ownership rights in Climax Points.

Climax Points cannot be redeemed for cash and cannot be transferred to another Member.  Any attempt to sell (by auction or otherwise), trade or exchange Climax Points is void and in no way binding upon My Best Orgasm as well as constituting prohibited conduct as per Paragraph 10 above.   

My Best Orgasm reserves the right to review Program activity (including Climax Points earned) in your online Climax account and make adjustments to correct errors without prior notice to you or liability of any kind. You will be notified via e-mail (or message posted to your online Climax account) if My Best Orgasm has taken any such action. Such notice will briefly explain the change(s) made to your online Climax account. 

Release of Rights

To the fullest extent permitted by law, in becoming a Member and/or participating in the Program, you release and agree to hold harmless AIS E Commerce, LLC dba My Best Orgasm, affiliates and divisions of AIS E Commerce, LLC; and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of AIS E Commerce, LLC from any and all claims, damages, losses, liabilities, and other expenses (including attorneys’ fees) arising from or in any way related to participation in the Program under any legal theory.

No Representation or Warranty by My Best Orgasm

My Best Orgasm makes no representation, guarantee, or warranty of any kind regarding the Program, including the warranty or merchantability or the warranty of fitness for the intended purpose. The preceding excludes those warranties to which My Best Orgasm is subject pursuant to applicable law.

Miscellaneous

The Program is void where prohibited by law.

The failure of My Best Orgasm to enforce any condition of these Terms in any circumstance shall not constitute the waiver of such condition. My Best Orgasm shall not be bound by any interpretation of any similar condition of legacy programs in the application of these Terms.

Dispute Resolution/Choice of Law

To the fullest extent permitted by law, in becoming a Member and participating in the Program, you agree that:

·       any and all disputes regarding the Program or these Terms shall be governed by the internal, substantive law of the U.S. State of Wyoming (i.e., without regard to choice of law/conflict of law rules of the U.S. State of Wyoming or of any other jurisdiction)‡;

·       you will bring any dispute regarding the Program or these Terms in the United States District Court for the District of Wyoming (situate in Sheridan) or Wyoming State Court situate in Sheridan County, Wyoming and you are subject to the personal and exclusive jurisdiction of such courts;

·       you waive any right of change of venue, inconvenient forum or the like;

·       any action by you regarding the Program or these Terms will be brought by you individually and not as part of a class action;

·       your recovery in any such action will be limited to your actual costs in participating in the Program (if any), with all rights to attorneys’ fees and any and all damages (including special, compensatory, punitive, consequential damages) as well as equitable relief being expressly waived§

‡Should a court of competent jurisdiction determine that the applicable laws of your state/province of residence provide that any such dispute will be resolved by the laws of your state/province of residence and/or that only a court in your state/province of residence may entertain such dispute, then such applicable law and/or such court having venue shall supersede these Terms only with respect to you personally and without any precedential effect.  

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (AS WELL AS THE PROHIBITION ON BRINGING AN ACTION AS PART OF A CLASS), SO THE ABOVE MAY NOT APPLY TO YOU.

If the preceding or any other provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be replaced by a substitute provision that most closely approximates the original intent of My Best Orgasm and is valid, legal and enforceable. Such determination of the invalidity/illegality/unenforceability of a given provision shall not affect the remainder of these Terms.

Language The parties acknowledge that they have requested that this document and all other documents relating to it, be drawn up in the English language. In the event of any inconsistency between the English language version and any other language translation of this document and all other documents relating to it, the English language version shall prevail, govern and control in all respects.