Last Updated and Effective Date: July 26, 2022
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE MORINAGA NUTRITIONAL FOODS, INC., AND ITS AFFILIATED COMPANIES (COLLECTIVELY “MORINAGA”) MORI-YOU REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR PARTICIPATE IN THE MORI-YOU REWARDS PROGRAM.
The Mori-You Rewards Program Terms and Conditions (“Terms and Conditions”) set forth the terms and conditions applicable to the Mori-You rewards program (“Program”) which includes an Arbitration Agreement.
By participating in the Mori-You Rewards Program, you agree that we may
provide updates, notices, disclosures, and amendments to these Terms and
Conditions, and other information relating to the Mori-You Rewards Program by
electronic means, including posting such information and materials online
1. PROGRAM MEMBERSHIP QUALIFICATIONS
You must be at least eighteen (18) years of age and reside in the contiguous United States and the District of Columbia (excluding AK, HI, and Puerto Rico) to register for the Mori-You Rewards Program.
2. COMMUNICATIONS REGARDING THE PROGRAM
Program Communications: By participating in the Mori-You Rewards Program, you agree to receive communications from Morinaga, including emails regarding the Mori-You Rewards Program and offers and promotions that may be of interest to you. If you opt out of receiving emails you may be precluded from participating in and receiving some or all of the benefits of the Mori-You Rewards Program. You are responsible for keeping your contact information up to date with Morinaga. Lost or stolen Rewards will not be replaced. Morinaga is not responsible for communications lost due to changes of address or other contact information.
Delivery Communications: By placing a delivery order, you agree to receive non-marketing delivery communications from Morinaga or its third-party service providers including via text message and calls to the cellular telephone number you provide at checkout. To opt out of receiving text messages regarding your delivery order, you can reply “STOP” from the mobile device receiving the messages. Standard data and message rates apply.
3. REGISTERING FOR THE PROGRAM
You may register for the Mori-You Rewards Program and create your account (“Account”) online. We will ask you to provide a phone number and date of birth. You will also be asked to create a password. You must register before you can receive Points.
4. RECEIVING POINTS
Upon registration, you will receive 100 Points. Additional Points are earned as follows:
• Newsletter Sign-up = 10 Points
• Place and Order = 1 Point per $1 purchase
• Leave a Product Review = 25 Points
• Birthday = 100 Points
• Like on Facebook = 10 Points
• Follow @morinutofu on Instagram = 10 Points
• Follow @morinagatofu on Twitter = 5 Points
• Share on Facebook = 5 Points
• Share on Twitter = 5 Points
• Referrals = 100 Points (points awarded when referred friend via the Mori-You Rewards app registers and then makes qualifying purchase using special reward code)
5. REDEEMING POINTS
To redeem a Reward, you must, at the time of purchase, (a) use 100 points for $5 off, (b) use 200 points for $10 off, or (c) use 500 points for $25 off. You may redeem up to 500 points at any one time. Points can only be redeemed for Mori-Nu Silken Tofu and Mori-Nu Plus products.
6. PROMOTIONAL OFFERS
We may post certain promotional offers (“Promotional Offers”) to your Account. Promotional Offers will be subject to the terms and conditions of each respective Promotional Offer, including, without limitation, qualifying purchases and applicable expiration dates.
To redeem a Promotional Offer, you must choose the applicable Promotional Offer and apply it at the time of your online order.
7. REDEMPTION RESTRICTIONS
You may not redeem Points, Rewards, Bonuses, or Promotional Offers for cash, except as otherwise required by law, and they have no cash value. You do not own Points, Rewards, Bonuses, or Promotional Offers, which can be changed or eliminated by Morinaga at its discretion at any time. You may not use Points, Rewards, Bonuses, or Promotional Offers to satisfy any requirement of any Promotional Offer that requires you to purchase any item. For example, if you have received a buy-one-get-one-free Promotional Offer, you may not use Points, a Reward, a Bonus, or Promotional Offer for one item and then receive one free as part of the Promotional Offer. Points, Rewards, Bonuses, and Promotional Offers cannot be combined with any other type of promotion or offer that may be offered from time-to-time by Morinaga outside of the Mori-You Rewards Program. You may only redeem one (1) Reward or Promotional Offer per transaction.
8. EXPIRATION OF POINTS AND PROMOTIONAL OFFERS
Points: Points do not expire.
Promotional Offers: Promotional Offers shall expire in accordance with their respective terms and conditions.
9. BALANCE INQUIRY AND TRANSACTION HISTORY
The Points available at any time in your Account will equal the aggregate number of Points received less the aggregate number of Points redeemed (the “Available Points Balance”). The Rewards available at any time in your Account will equal the aggregate (a) Rewards, Bonuses and Promotional Offers less the aggregate (b) redeemed Rewards, Bonuses, and Promotional Offers (“Available Rewards Balance”).
You may check the Available Points Balance and Available Rewards Balance online at https://morinaganutrition.com/pages/rewards-program. Your Available Points Balance and Available Rewards Balance shall equal the amounts reflected in our records unless you can prove otherwise to our satisfaction. If you are interested in the complete transaction history of your account, contact us at Cs3@morinu.com or (310) 787-0200.
10. UNAUTHORIZED ACCESS OR USE
We are not responsible for any unauthorized access to your Account or any unauthorized use of any Points, Bonuses, Rewards, or Promotional Offers in your Account. If you believe any such unauthorized access or use has occurred, you may notify us at Cs3@morinu.com or (310) 787-0200. Upon receipt of such notification, we will help you to set up a new Account and transfer your Available Points Balance and Available Rewards Balance (if any). However, we will not reinstate Rewards, Bonuses or Promotional Offers that were redeemed by an unauthorized user of your Account.
11. CANCELLING YOUR MEMBERSHIP IN THE PROGRAM
You may cancel your membership in the Program by contacting us at Cs3@morinu.com or (310) 787-0200. Once you have cancelled your membership in the Program, you will not receive additional Points in your Account, and the Available Points Balance in your Account shall immediately be zero. Additionally, you will not be able to redeem any Available Rewards or Promotional Offers present at the time of account cancellation.
12. NO TRANSFERS
Points, Rewards, Bonuses, and/or Promotional Offers may not be transferred.
13. REVOCATION AND TERMINATION OF ACCOUNT OR PROGRAM
We reserve the right to cancel, terminate, suspend, or revoke your Account at any time in our discretion, without prior notice, subject to applicable law. Upon cancellation, termination, suspension, or revocation of your Account, you shall not receive additional Points in your Account, and the Available Points Balance, the Available Rewards Balance, and Promotional Offers in your Account shall immediately be zero.
We reserve the right to cancel, terminate, or suspend the Mori-You Rewards Program at any time in our discretion, upon thirty (30) days’ prior notice. Upon cancellation, termination, or suspension of the Mori-You Rewards Program, you shall not receive additional Points, and the Available Points Balance in your Account shall immediately be zero. Upon cancellation, termination, or suspension of the Mori-You Rewards Program, you will no longer be able to redeem any valid Available Rewards Balance or Promotional Offers present in your Account at the time.
14. ARBITRATION IF A DISPUTE ARISES (“ARBITRATION AGREEMENT”)
SCOPE OF ARBITRATION AGREEMENT. Any legal dispute between you and Morinaga concerning or arising out of the Mori-You Rewards Program, your Account, and the Points, Rewards, Bonuses, and Promotional Offers, including any other communications between you and Morinaga, shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights. However, either you or Morinaga may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, so long as it is brought and maintained as an individual claim.
RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT. You may opt out of this Arbitration Agreement within the first sixty (60) days after you register for the Mori-You Rewards Program or sixty (60) days after any material change to these Terms and Conditions, as indicated by a new effective date of these Terms and Conditions, by calling or sending a letter to Morinaga at the phone number or address listed below. If you send a letter to Morinaga, you will need to include your printed name and mailing address, and the words “Reject Arbitration.”
INFORMAL DISPUTE RESOLUTION. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party thirty (30) days to respond. Notice shall be made by first class or registered mail (a) to Morinaga at the address below and (b) to you at the email address on file with Morinaga. This informal dispute resolution requirement is a prerequisite to any arbitration; you and we must provide with any arbitration demand a copy of the notice of dispute and evidence of mailing.
HOW ARBITRATION WORKS. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and Morinaga agree otherwise, any arbitration hearing shall take place in the county of your residence in California. If you live outside of California, any arbitration will take place in Los Angeles County, CA. Except for a dispute determined by an arbitrator or court to be frivolous, brought in bad faith, or where the initiating party has failed to follow the pre-arbitration dispute resolution process above and/or has not included the notice of dispute and proof of mailing with the arbitration notice, Morinaga will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.
WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court. Although any damages award must be individualized to you, the arbitrator may award public injunctive relief if you are resident of California. You and Morinaga also agree that each party may bring claims against the other in arbitration only in your or their respective individual capacity and in so doing you and Morinaga hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration. This Arbitration Agreement survives the end of your participation in the Program, whether by cancellation, termination, or otherwise.
GOVERNING LAW AND OTHER TERMS. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of these Terms and Conditions, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of California will govern. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have the authority to consider the validity of the waiver.
15. DISCLOSURE OF INFORMATION TO THIRD PARTIES
We will only share your personal identification information in accordance with
To the extent permitted by law, we may amend these Terms and Conditions at any time by posting updated or revised Terms and Conditions at https://morinaganutrition.com/pages/rewards-program. Please check the Mori You Rewards Program Terms and Conditions frequently for any updates or revisions to these Terms and Conditions. Unless otherwise indicated by us, any amendments shall apply to any transactions occurring on or after the effective date of the amendments. Except where prohibited by law, receiving Points or redeeming any Points, Rewards, Bonuses, or Promotional Offers after the effective date of any amendment shall confirm that you agree to the amendment. If you do not agree to an amendment, you must cancel your membership in the Program in accordance with Section 11.
18. CONTACT INFORMATION
You may ask a question, request that we update your information, or submit feedback by contacting us at:
Morinaga Nutritional Foods, Inc.
3838 Del Amo Blvd., Suite 201
Torrance, CA 90503