The Club Evolus Membership Program (the “Program”), owned and operated by Evolus, Inc. (“Evolus,” “we,” “us,” or “our”), is provided to you (“you,” “your,” or “user”) under the following terms and conditions, including the amendments thereto and with any additional terms and conditions, rules, or policies that may be applicable to particular offerings made in connection with the Program (collectively, the “Terms and Conditions”). Your failure to follow the Program’s rules, whether listed below or in supplemental notices posted at various points in the Program, may result in the termination of your access and membership to the Program and all benefits you have accrued in the Program, without notice, in addition to Evolus’s other remedies. Your membership, access to, and use of the Program are subject to the terms and conditions set forth herein and all applicable laws and regulations, including the laws and regulations governing copyrights and trademarks. The Terms and Conditions shall supersede all previous Program rules and/or terms and conditions and may be modified by Evolus from time to time without advanced notice. BY ACCESSING THE PROGRAM, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE PROGRAM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS OR BENEFIT FROM THE PROGRAM.
Description of the Program
The Program is an online, mobile device-based program where registered eligible users of the Program who have been prescribed Jeuveau by a licensed health care professional may pay a monthly fee to be eligible to receive a benefit of up to 20 units of Jeuveau every 90 days by paying subscription fee and may, in turn, redeem those benefits (“Benefits”) provided by Evolus. Benefits accrued in the Program have no independent cash or monetary value and are not redeemable for cash, transferable or assignable for any reason, and cannot be donated, transferred, sold, traded, bartered, auctioned through an online auction site or otherwise; any such Benefit may be confiscated by Evolus and/or cancelled at Evolus’s sole discretion. The Program may be terminated or changed from time to time at Evolus’s sole discretion without advance notice. Any change to the Program or these Terms and Conditions will be posted on this site, and by continuing to participate in the Program, you are deemed to have agreed to the amended version of these Terms and Conditions and are bound by any such revisions and should therefore periodically visit this website to review the current Terms and Conditions to which you are bound.
1. Program Eligibility
The Program is open to legal residents of the United States who are 18 years of age or older at the time of registration (21 years of age where required) who have been prescribed Jeuveau by a licensed health care professional. Void where prohibited or restricted by law. Only one member account is allowed per person. All treatments with Evolus products must be purchased within the United States.
2. Earning and Redeeming Program Benefits
Upon enrolling in the Program, you will be eligible for the first 20-unit treatment upon payment for the first three months of the subscription (3 monthly payments of $49), or you have the option to prepay the first three payments at the time of enrolling, and will earn a 20 unit treatment with Jeuveau® (prabotulinumtoxinA-xvfs) when you receive treatment at a healthcare professional’s office which is enrolled in the Club Evolus Membership Program. The healthcare professional’s office must be enrolled in the Program in order for you to redeem your Benefit at that office, so it is important to check with the office before receiving treatment. Benefits are only redeemable at the selected professional’s office.
After the initial Benefit is redeemed, additional Benefits are earned for each subsequent treatment with Jeuveau® or another Evolus product; however, there must be a minimum of 90 days between each eligible treatment. In other words, you cannot earn a new Benefit until at least 90 days has elapsed from your last Benefit redemption.
Once earned, each Benefit is valid only between 90 – 180 days of the treatment in which you earned the Benefit. It cannot be used prior to 90 days, and it cannot be used after 180 days.
We expressly reserve the right to establish additional means of accruing Benefits; to change the value of Benefits, to modify the expiration date of Benefits, to remove any or all of the means currently in effect, to exclude certain types of transactions from the accumulation of Benefits, and to specify periods after which unused Benefits will be forfeited or reduced. Benefits can be accrued only for activity taken and completed by you and can be applied only to your account. You are responsible for ensuring that your Benefits are properly credited. If you believe that Benefits have been earned but not credited, we reserve the right to require proof of accrual; including, but not limited to, copies or receipts or similar documentation verifying any transactions claimed to have been performed. We must receive any claims of Benefits by you and proof of accrual within sixty (60) days after the date such Benefits are claimed to be earned. Benefits will be maintained in your account until they are redeemed or forfeited, whichever occurs first. All decisions regarding accrued Benefits, Benefits, forfeitures, and the identity of any individual accessing an account, are within our sole discretion.
Benefits earned in two or more different accounts may not be transferred or combined. Redeemed Benefits are not refundable, exchangeable, replaceable, or transferable for cash, credit or other benefits under any circumstances.
Benefits do not roll over; any benefits not redeemed within the subscription period will be forfeited. Club Evolus cannot be combined with any additional offers. By enrolling in Club Evolus, you will be automatically opted out of Evolus Rewards. Upon canceling the Program, the patient will be automatically opted back into Evolus Rewards.
3. Medical Advice
NO INFORMATION CONTAINED ON THIS SITE OR IN ANY E-MAIL OR TEXT MESSAGE OR OTHER CORRESPONDENCE SENT TO YOU BY EVOLUS IS PROVIDED WITH THE INTENTION TO GIVE MEDICAL ADVICE OR INSTRUCTIONS ON THE APPROPRIATE USE OF OUR PRODUCTS. The content on this site and in any communication by Evolus is not intended in any way to be a substitute for professional medical advice and should not be interpreted as treatment recommendations. Only a LICENSED HEALTH PROFESSIONAL who has had an opportunity to interact with a patient in person, with access to the patient’s records and the opportunity to conduct appropriate follow-up, can provide recommendations for treatment. I understand that Jeuveau is a prescription medication requiring a medical professional consultation and that results, safety, or satisfaction is not guaranteed. WE CANNOT ANSWER UNSOLICITED E-MAILS REQUESTING PERSONAL MEDICAL ADVICE; YOU SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL. THE PROGRAM IS ONLY INTENDED TO PROVIDE 20 UNITS OF JEUVEAU FOR YOUR TREATMENT. UPON CONSULTATION WITH A LICENSED MEDICAL PROFESSIONAL, YOU MAY RECEIVE MORE OR LESS UNITS DEPENDING ON YOUR TREATMENT PLAN. ANY ADDITIONAL UNITS NEEDED WOULD REQUIRE PAYMENT AT THE TIME OF THE TREATMENT.
4. Reservation of Rights
The Program and its Benefits are offered at Evolus’s discretion, and Evolus has the right to modify or discontinue, temporarily or permanently, the Program, including the Benefits offered, in whole or in part, for any reason, at our sole discretion. Evolus may, among other options, withdraw, limit, modify, or cancel any Benefit; change the value of any Benefits; increase the requirements for any Benefit; or modify or condition the redemption of Benefits. In the event of Cancelation or Termination of the program in its entirety, Evolus shall refund you any amounts that are prepaid for unredeemed Benefits. You agree that Evolus will not be further liable to you or any third party for any modification or discontinuance of the Program or any Benefit offered, in whole or in part.
5. Membership Registration and Enrollment
In order to participate in the Program, you must register and enroll by answering questions, providing necessary billing information, and agreeing to program terms and conditions.
By enrolling in the Program, you consent and agree to receive text and e-mail messages from Evolus. Message and data rates may apply.
The Program is available on most U.S. mobile carriers. Certain carriers, voice-over IP (VoIP), and internet-generated phone numbers are ineligible to participate in the Program. Evolus reserves the right to stop service of the Program on any carrier.
In consideration of your use of the Program, you agree to provide true, accurate, current, and complete information about yourself as prompted by the online registration form and to maintain and promptly update your personal data to keep it true, accurate, current, and complete.
If you provide any information that is false, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is not true, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and to refuse any and all current or future use of the Program (or any portion thereof) by you. Only one member account per person. If you attempt to sign up for more than one membership, we may terminate your account, and all Benefits will be forfeited.
6. Account Security
You agree to maintain the confidentiality of your account and that you are fully responsible for all activities that occur under your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these conditions.
7. Billing
Billing and payment processing will take place with Evolus’ third-party payment processor. You will be automatically charged every 30 days by Evolus on the payment method you provide. Your monthly payment of $49 covers 20 units of Jeuveau® every 90 days, with a minimum of 90 days between treatments. You will be charged $0 at enrollment, with an option to prepay 3 monthly payments upfront for a total of $147. You are responsible for all payments as they become due and failure to make a payment, including a credit card denial, will result in your removal from the Program. After each Jeuveau® treatment, you will be eligible to get your next 20-unit Jeuveau® treatment covered in 90 days. For any additional treatments you receive from your provider, you will pay the provider directly. You can manage your account and payment method in your profile. Cannot be combined with any other offers. Your Club Evolus membership is non-transferable, and payments are non-refundable.
Through a third-party provider, Evolus will keep your detailed payment information, such as credit card numbers and expiration dates, on file. You are responsible for keeping your payment details up-to-date by changing the details in your account settings. When your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date, and CVV (or equivalent). This enables us to provide you access to Jeuveau®. You authorize us to continue to charge your credit card using the updated information. If payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription until applicable changes have occurred. You also agree that we may charge you via your payment method on file if you elect to restart your subscription.
8. Cancellations
You may cancel your membership at any time through your club.evolus.com profile or by contacting an Evolus customer experience representative. You may not pause your membership; instead, you must cancel and re-enroll. If you cancel within the first three months, a $100 cancellation fee is applied.
9. Provider Opt-Out
If a provider opts out of Club Evolus, you will be given a minimum of a 60-day notice. You have the option to use any earned treatments with your existing provider and then continue the Program after choosing a new provider. However, if no action is taken within the 60 day period, Evolus will force cancel your membership on the specified date.
10. Use of Your Information and Personal Information
The information that you provide in connection with the Program will be used by Evolus and its third-party providers in connection with the administration of the Program and to provide you information about the Program. Furthermore, Evolus may use any information you provide for Evolus’s internal purposes and to send you information about Evolus and its products and services. Evolus will not share your information with any third party except as necessary for the administration of the Program or as required by law or legal process. If you do not wish Evolus to send information to you about the Program and Evolus and its products and services, you should not participate in the Program. By participating in the Program, you agree that we may collect and use personal information about you that you provide to us in accordance with our Privacy Policy, which can be found at: https://www.evolus.com/privacy-policy/. By using the Program, you agree to be bound by the terms of our Privacy Statement.
11. Fraud
Evolus and its affiliates and their respective representatives, agents, directors, officers, shareholders, and employees (“Evolus Entities”) are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, inaccurate, incomplete, or unintelligible registration entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond our control; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the Benefit or acceptance, delivery or failure to timely deliver, possession, or use of the Benefit, or from participation in the Program; or (vi) any printing or typographical errors in any materials associated with the Program. Further, in no event shall the Evolus Entities be liable for any damages of any kind or nature, including but not limited to direct, indirect, incidental, consequential, exemplary, special (including loss or profit), punitive, or other damages arising from or in connection with the existence or use of this site or any such dispute, regardless of whether any of the Evolus Entities has been advised as to the possibility of such damages. You accept all responsibility for, and hereby indemnify and hold harmless the Evolus Entities from and against, any actions taken by any user authorized to use your account, including, but not limited to, accrual of Benefits, redemption of Benefits, and disclosure of passwords to third parties.
12. Violation of the Terms
You understand and agree that in our sole discretion, and without prior notice, we may remove Benefits from your account as a penalty, terminate your access to the Program, and/or deactivate or delete your membership account if we determine that you have violated our Terms and Conditions. Consumers whose accounts have been terminated shall not be eligible to participate in the Program and shall not be eligible without the express written consent of Evolus.
13. Proprietary Rights
You should assume that all contents of this site are copyrighted unless otherwise noted and may not be used except as provided herein and without our express written permission. Except as expressly provided herein, nothing contained herein shall be construed as conferring any license or right under any Evolus copyright. All product names, logos, and service marks displayed on this site that are identified by ® or ™ or appearing in type form different from that of the surrounding text (collectively, the “Trademarks”) are registered or unregistered trademarks owned by or licensed to Evolus or our affiliates, unless otherwise identified as being owned by another entity. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right, either express or implied, under any patent or Trademark of Evolus or any third party. No use of any Trademark may be made without our prior written authorization.
14. Governing Law & Disputes
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California without regard to choice of law principles. You agree that any dispute related to the Program shall be submitted for resolution exclusively to the jurisdiction of the United States District Court for the Southern District of California. All applicable federal, state, and local laws and regulations apply. The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any provision. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
