Acceptance of Terms

The Contour Advantage Rewards Loyalty Program ("Contour Advantage Rewards") is operated by Ascensia Diabetes Care US Inc ("Ascensia Diabetes Care" or the "company"). These Terms and Conditions ("Terms") apply to your access to and participation in the Contour Advantage Rewards program. These Terms are subject to, and do not alter in any way, Ascensia Diabetes Care's Terms of Use, Privacy Statement and Consumer Health Privacy Policy. Please review the Privacy Statement carefully to understand how Ascensia Diabetes Care collects, uses, and shares personal information. In the event of any conflict between these Terms and the Ascensia Diabetes Care's Terms of Service, the Terms of Service will control.

By creating an account, account holder agrees to the terms and conditions, rules, regulations, policies, and procedures set forth in this agreement. The company reserves the right, to be exercised in its sole discretion, to suspend or disqualify account holders who have violated any of the terms and conditions of this agreement. The company reserves the right, to be exercised in its sole discretion, to change the terms or conditions of the program, in whole or in part, and to terminate the program, or an account holder’s account at any time for any reason without prior written notice. Your continued participation in the program constitutes your acceptance of any changes or modifications.

By creating an account, account holder agrees to provide the company with valid contact information, including a valid email address.

Details about the Contour Advantage Rewards Program are available at shop.ascensiadiabetes.com, a site owned, operated, controlled, maintained, and/or otherwise administered, by or at the direction of the company. Account holder’s use of the website is also governed by the Ascensia Diabetes Care Terms of Use. Each account holder is responsible for remaining knowledgeable on, and in compliance with, these Terms and the Terms of Use.

All questions or disputes in connection with the Contour Advantage Rewards Program will be resolved by Ascensia Diabetes Care in its sole discretion, including, but not limited to, questions related to eligibility, receiving or using points and compliance with these terms.

Please regularly check the company website, as Ascensia Diabetes Care from time to time may update and/or change terms, conditions and restrictions of the Contour Advantage Rewards Program, even though these updates and changes may impact your ability to receive and use points.

Eligibility

The program is open to residents of the lower 48 contiguous states of the United States (the "Territory") at least 18 years of age who access shop.ascensiadiabetes.com from a physical location within the Territory except where prohibited or restricted by law. All federal, state and local laws and regulations apply. Void where prohibited or restricted by law. Participation in the program is free and no initial purchase is required. Only a qualifying individual is permitted to open an account. Accounts may not be opened by corporations, limited liability companies, businesses, non-profit organizations, partnerships, enterprises, or any other entity. Accounts may not be opened by non-residents of the Territory or those who access shop.ascensiadiabetes.com from a physical location outside the Territory. If you use a shipping address that is not located in the Territory, you will no longer be able to receive or redeem Contour Advantage Rewards points, including previously earned Contour Advantage Rewards points. If you have a shipping address outside of the United States, but are a United States resident, you will no longer be eligible to receive or redeem Contour Advantage Rewards points, including previously earned Contour Advantage Reward points. The Territory excludes Alaska, Hawaii, Puerto Rico and all other U.S. possessions or territories.

Your Contour Advantage Rewards Account is personal. Each customer may create only one Contour Advantage Rewards account and may use the account only with respect to purchases for customer or customer’s dependents who reside in the same household. The Contour Advantage Rewards account is personal and may not be assigned, transferred, or shared with family, friends, or for commercial purposes. Contour Advantage Rewards account and associated points are not intended for those purchasing items for resale.

Communications

Each account holder is solely responsible for maintaining the confidentiality of the access credentials and other information in connection with their account and will be solely liable for all activities under the account. Account holder shall be responsible for keeping all account information up to date. Account holder agrees to notify the company immediately of any unauthorized or fraudulent use of Account Holder’s account or any other breach of security or data privacy.

By opening an account, account holder agrees to allow the company to communicate via mail, email, text message and through other channels as applicable. The company may use these channels to communicate account status, account changes, offer special promotions, offers, or offerings that the company believes may be of interest to account holder. An account holder who chooses to opt-out of marketing communications will receive only transactional messages related to their account. Account holder information will be protected in accordance with the Ascensia Diabetes Care Privacy Statement and Consumer Health Privacy Policy, as applicable.

Contour Advantage Rewards Program

Receiving Points

Rewards members receive 1 point for every $1 paid (and not refunded) on eligible purchases made on shop.ascensiadiabetes.com ("Qualified Orders"). Company, in its sole discretion, may provide other opportunities for rewards members to receive points, such as based on promotional offerings. Eligible purchases include only purchases on shop.ascensiadiabetes.com of regular priced company products and exclude purchases of gift cards, non-company products, and discounted or clearance products. Rewards members also earn points for engaging in various, non-monetary online activities set by the company. The activities and point values are subject to change at any time at the company’s discretion. Members are not eligible to receive points on any transaction where any type of discount is applied or in any transaction where the member is applying points received in connection with the reward program. When calculating the points to be received, only the amount actually paid (and not refunded) for the regular priced company product is considered, exclusive of all amounts for sales taxes, state fees, shipping and delivery charges and/or other excluded charges as may be specified by the company from time-to-time in its sole discretion. No points are received in connection with amounts paid for any taxes or fees, any gift cards, any non-company product and/or any discounted or clearance product or for any other excluded charges. Points are only awarded based on full dollars paid (and not refunded); purchase prices will be rounded down to the nearest full dollar amount to calculate rewards. Partial points are not available.

To make a Qualified Order you must be signed into your account when placing the order, the order must include at least one qualifying item and you must not have a shipping address outside the Territory. You can check your orders in the "My Account" Dashboard and monitor your point total. If you make a Qualified Order and a refund is issued with respect to that order, any points received with respect to item(s) for which a refund is issued will be forfeited and removed from your account. Whether a refund is available for an item will be determined by the terms of the sale; refunds may not be available.

Points based on eligible purchases will be allocated to your Contour Advantage Rewards account once a Qualified Order is marked as paid in the system.

In the case of other opportunities to receive points, if any, points will be allocated to your Contour Advantage Rewards account promptly, and generally within one-week (7) days of the completion of the opportunity.

Points and any other rewards received through the Contour Advantage Rewards program have no cash, monetary or "real world" value and are non-transferable. You have no property rights in or to points or other rewards. Points cannot be exchanged, returned, redeemed or transferred for any sum of money or monetary value or refund or refund of any kind. Points cannot be converted into cash, a gift card, a gift certificate or any cash equivalent.

By signing up for the Contour Advantage Rewards Program, free shipping is available to members on orders over $15.00 placed on the CONTOUR^® eStore.

You are responsible for ensuring the accuracy of your account. If you believe that points were not properly allocated to or removed from your account, you must contact support@contourestore.com promptly after the event that allocated (or should have allocated) or removed (or should have removed) points.

Notwithstanding anything to the contrary, company reserves the right in its sole discretion to allocate points or other rewards at a later or different time than indicated in these Terms and/or for any reason.

Applying Points

Rewards points can be used by customers who have an active account with our rewards program, subject to the expiration, termination and other provisions of these Terms. Reward points cannot be used, unless at the time of use, there is a minimum of 85 unused and unexpired points in the customer’s active Contour Advantage Rewards account. Reward points may be applied toward qualifying purchases of eligible regularly priced company items on shop.ascensiadiabetes.com. The company, in its sole discretion, determines which products and accessories are eligible and may change which products and accessories are eligible from time to time in its sole discretion without notice or consent. When applying reward points to a qualifying order, there will be a $1 discount applied to one regularly priced eligible company item in the order for each reward point used, up to the purchase price of that one item. Reward points cannot be applied to more than one item in an order. Points can only be used through purchases of eligible items on our official website. Rewards points expire and are no longer valid 12 months from the date of issuance. Expired points cannot be reinstated or redeemed. Points cannot be applied with any other offer, discount, or promotion unless explicitly stated otherwise. Points cannot be applied toward sales taxes, state fees, shipping and handling, any other fees, gift cards or gift certificates.

Any attempted use of points other than as permitted by these Terms is void. Company, consistent with these Terms, will determine in its sole discretion what is or is not a valid use of points.

Products and Accessories

Ascensia Diabetes Care reserves the right to change eligible products and accessories available to Contour Advantage Rewards members at any time and from time to time in company’s sole discretion and without notice or consent.

Products and/or accessories may be excluded from the rewards program at the sole discretion of company from time to time and without any notice or consent. Company may exclude products or accessories from purchases with respect to which a member may receive points. Company may exclude products or accessories from purchases with respect to which a member may apply points to receive a discount.

All products and accessories are subject to availability.

All products and accessories are subject to change or discontinuance by company at any time and from time to time in company's sole discretion without notice or consent.

Failure to Comply

FAILURE BY A CONTOUR ADVANTAGE REWARDS MEMBER TO COMPLY WITH ANY TERM OR CONDITION OF CONTOUR ADVANTAGE REWARDS MAY RESULT IN THE SUSPENSION OR TERMINATION OF SUCH MEMBER’S ACCOUNT. YOU UNDERSTAND THAT ASCENSIA MAY SUSPEND ACCESS TO OR WITHDRAW ANY POINTS OR REWARDS (OR ITEMS YOU ACQUIRE WITH POINTS OR OTHER REWARDS) FROM YOUR ACCOUNT WITHOUT PREJUDICE, AT ANY TIME AND WITHOUT PRIOR NOTICE IF THEY WERE OBTAINED IN ANY WAY THAT COMPANY DETERMINES VIOLATES THESE TERMS OR THE TERMS OF USE.

In addition, Ascensia may terminate, cancel, suspend or otherwise limit your use and/or access to points or rewards, Contour Advantage Rewards and/or your account if Ascensia suspects fraudulent, abusive or unlawful activity and/or activity that violates any of these Terms or the Terms of Use.

If Ascensia fails to act with respect to any breach by you of these Terms or the Terms of Use on any occasion, Ascensia shall not be deemed to have waived its right to act with respect to that breach or similar or future breaches.

Rights to End the Program

Ascensia Diabetes Care reserves the right, at any time and without prior notice to terminate, cancel or suspect Contour Advantage Rewards at any time and without prior notice in its sole discretion.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED OR EXPIRED POINTS OR OTHER REWARDS UPON THE TERMINATION, CANCELLATION OR SUSPENSION OF CONTOUR ADVANTAGE REWARDS OR WHEN YOUR ACCOUNT IS TERMINATED, CANCELLED, SUSPENDED OR CLOSED REGARDLESS OF WHETHER THE TERMINATION, CANCELLATION, SUSPENSION OR CLOSURE WAS VOLUNTARY.

Miscellaneous

Unless otherwise expressly stated herein, the laws of the United States of America and the laws of the State of Delaware, without regard to the principles of conflicts of laws, will govern these Terms, your participation in Contour Advantage Rewards, and all matters relating to your access to, and/or use of, Contour Advantage Rewards.

If any part, term or provision of these Terms is held to be unenforceable, illegal, in conflict with any applicable law or otherwise invalid, that part, term or provision will be enforced to the greatest extent permitted by applicable law, and the other parts, terms and provisions shall remain valid and enforceable. Nothing in these Terms or the Terms of Use shall be deemed to exclude or restrict any of your statutory rights expect to the extent permitted by applicable law.

Arbitration and Class Action Waiver. Any dispute, claim, or controversy between the parties arising out of or in connection with this Agreement, shall be settled by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association then in effect. The parties shall mutually choose the arbitrator. The cost of such arbitration shall be borne equally between the parties; however, each party shall be responsible for its own attorney fees. Any judgment upon the award rendered by the arbitration may be entered in any court having jurisdiction thereof, and all such jurisdictions being party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The decision of the arbitrator shall be binding, and judgment thereon may be entered by any court of competent jurisdiction. If permitted by applicable law, each party waives the right to litigate in court, or an arbitration proceeding, any dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general. This Arbitration and Class Action Waiver clause shall survive the termination of this Agreement.

CCPA and CPA Financial Incentive Notice

We offer incentives to customers that involve sharing of Personal Information with us. The Personal Information collected and retained by Ascensia Diabetes Care US Inc., ("Ascensia Diabetes Care") in operating these programs is described in our Privacy Statement and Consumer Health Privacy Policy, and includes information you provide, such as your name, email address, and ZIP code and information we collect from your interaction with the site, such as, your purchase history and how you use our website. It may also include information you can choose to share, such as insurance provider, current blood glucose monitoring device, and diabetes type.

The Privacy Statement and Consumer Health Privacy Policy also outline the categories of third parties that will receive your Personal Information. The recipients will also include our partners that support us in providing the loyalty program, such as the administrators of the program, and our partners that support us in providing the e-commerce shop, such as the providers of the payments technology.

To the extent applicable to Ascensia Diabetes Care, benefits provided through our promotional programs may be deemed a "financial incentive" (e.g., free shipping, discounts, points. For CCPA purposes (to the extent applicable to Ascensia Diabetes Care), we treat the value of your Personal Information collected through our Rewards Program as equivalent to our total program expenses (excluding the value of benefits). The value of the Rewards Program is the value of the program benefits, including discounts and coupons, the value of which will depend on individual customer participation. By participating in our Rewards Programs, you agree that the benefits are reasonably related to the value of the Personal Information collected and retained.

Participation in our Contour Advantage Rewards Program is always optional, and you can terminate program participation at any time as explained in these Terms. You can also contact us at support@contourestore.com to unsubscribe or cancel your participation in the program.