Check out the frequently asked questions below. If you need anything else, we’re happy to help! Just call us at 1.888.462.2548
I hear big things are happening at GNC. What exactly is changing?
The changes we’ve made are simple, and they’re awesome. No more membership fee. If you become a member, you get Rewards Points and Cash Back Rewards every time you shop. And, last but certainly not least, there’s now one low price for everyone.
What’s myGNC Rewards? How does it work?
MyGNC Rewards is the free, new way to be rewarded—and it comes with some pretty sweet perks. Every time you make a purchase, you get Rewards Points that you can turn into Cash Back Rewards.
We’ve also made shopping simpler and easier than ever: now there’s one lower price for everyone, so you can get more and spend less.
Also, expect to receive some special offers, personalized product recommendations, and info on the topics that you care about the most.
What’s the difference between myGNC Rewards and myGNC PRO Access programs?
I have a Gold Card. Do I need to do anything else to convert to myGNC Rewards?
Short answer: YES. Long answer: Yes, but don’t worry—we’ve got you covered. If you’re a member of the Gold Card program, your membership will be converted next time you shop in store. You can also convert your Gold Card account over to myGNC Rewards by visiting myGNCRewards.com, GNC.com, or by downloading our app!
When switching over to myGNC Rewards, we’ll ask for the basics in order to get you enrolled: your name, email address and phone number. We need your email in order to tie your purchases to your account so that you get credit for your points. As an added perk, signing up for emails gives you access to a lot of great promos and opportunities to score lots of points.
I enrolled in myGNC Rewards/myGNC PRO Access program. What happens next? What do I need to do in order to make sure I get everything the program has to offer?
That’s great! We’re glad to have you onboard. Well, first and foremost, you have to activate your account and make sure all of your profile information is completed. Make sure you’ve filled out your mailing address correctly, and don’t forget to tell us about your interests. That way we make sure that you get all of the products and offers that are best for you!
The process is super simple, just keep an eye out for an email that will pop up within 24 hours of enrolling. Once you get it, simply click on the link provided. It’ll take you where you need to go in order to complete the activation process and fill out your profile.
How do I activate my account?
If you signed up online or through the app, good news—you’re already activated! If you signed up in store, still good news—activating your account is easy!
Check the email account you gave at signup and open the most recent activation email from myGNC Rewards. Click on the link inside and follow the instructions.
If you need a little more help, watch our step-by-step tutorial
If you’re still having trouble, just give us a call: 888.462.2548.
What do I do if I didn’t receive or cannot locate the email with the link to complete the Activation process?
No worries: myGNC Rewards customers can contact our Customer Service team at 1.888.462.2548 and they can reissue the email for you. If you are a PRO Access member, you get to call the PRO Access Insider Line at 1.866.214.2469 for priority assistance.
How do I earn Rewards Points?
It’s easy: when you’re making a purchase in store, you’ll just give the associate your email or phone number. If you’re shopping online, you’ll enter your email address when prompted at checkout. Once you do that, your loyalty membership number will pop up, and you can apply your points.
You get Rewards Points on everything you purchase. The ONLY thing that you won’t earn points for are gift cards.
As an added bonus, we’ll be in touch with ways on how you can earn 2x to 3x more points.
How soon should I expect to see Rewards Points show up in my account, after making a transaction?
Your Rewards Points will appear in your account and be ready to use within one to two days!
How many Rewards Points do I need to earn a Cash Back Reward?
For every 150 Rewards Points you earn, you get a $5 Cash Back Reward! For every dollar you spend, you get one point. You’ll be surprised at how fast your Rewards Points add up and rewards land in your inbox, especially when we have special promotions where you can earn double or even triple points!
Do my Rewards Points ever expire?
Sad, but true. But they last for a whole year before expiring, so you have ample time to shop.
How do I turn my Rewards Points into Cash Back Rewards?
First things first, every Rewards Point you earn will be digitally added to your account. As soon as reward is available, you will receive an email, taking out all of the guess work.
When it comes to how you would like to receive your rewards, you have two options:
1. You can select “auto-redeem my points” and get your rewards as soon as you earn them. As soon as you hit a reward threshold, we’ll automatically load your reward to your account. That way you know it’s available to you for the next time you shop!
2. You can select “bank my points” and choose exactly when you redeem your rewards. Just go to your account and activate them whenever you’re ready.
I am setup to have my Rewards Points to auto-redeem as soon as I hit a reward threshold, but I’d like to change the reward threshold. How can I do that?
No problem. Log on to you your myGNC Rewards account and follow these steps:
1. Click Account tab
2. Click Reward Option link
3. Choose GNC Points in the dropdown tab
4. Choose threshold options ranging from $5 to $50
I selected “bank my points” instead. What do I need to do to convert my Rewards Points into rewards?
There are a just a few things you need to do in order to make sure that your points convert to rewards:
1. Login to your account and go to “Rewards”
2. Based on the number of points that you have available, select the reward amount that you would like
3. Add the reward to your “Cart”
4. Complete the process by clicking on “Checkout”
Where can I find my Rewards Points balance?
All you have to do is log on to your myGNC rewards account. Your points balance will always be available to view!
What happens to my Rewards Points when I return items?
To keep things fair for everyone, if you earned Rewards Points from a purchase, when you return the item the Rewards Points get deducted from your account.
Can Cash Back Rewards be used on anything at GNC?
Cash Back Rewards can be used to purchase almost everything in our stores—with one exception. You can’t use your points to upgrade to a PRO Access membership. But stay tuned, this could change!
How long do I have to use my cash-back reward?
Don’t worry, you’ve got plenty of time. If you’re a myGNC Rewards member, you have 30 days to use your Cash Back Reward once it’s issued. Meanwhile, PRO Access members have 60 days to use their Cash Back Rewards.
What if I only want to use some of my Cash Back Reward toward a purchase?
Sorry to report that there are no partial redemptions. Let’s say what you want to buy costs $10, but you’re using a $15 Cash Back Reward. Those remaining $5 won’t roll over and you can’t apply them towards another purchase.
When registering for a myGNC Rewards membership, why do you need my name, email address and phone number?
Simply put, if we don’t have your information, there’s no way to give you the rewards you’ve earned!
We ask for your phone number in order to make things fast and easy when looking up your account in stores. No prank calls, we promise.
Also, and we mean this sincerely, your email is SUPER important to the myGNC Rewards membership. We use it to look up your information in store. It allows us to put your points into your account. Email also gives you access to important information, like monthly points statements, notifications on when Cash Back Rewards are available to you, and of course, when they expire!
Don’t worry, you’re free to opt out of any promotional emails if that’s what you wish. You can click on the unsubscribe link at the bottom the email, or contact our Customer Service team at 1.888.462.2548. If you are a PRO Access member, you can call the PRO Access Insider line at 1.866.214.2469 for priority assistance.
And just so you know, we never, and will never, give or sell your email address to anyone.
Do I earn Rewards Points for purchasing GNC products on Amazon.com, in Rite Aid stores or at Sam’s Club?
Nope. You only get Rewards Points when purchasing from GNC stores or at GNC.com
What exactly is a Pick-Your-Day Personal Sale Days?
This is a really cool perk for a PRO Access member. Four times a year you get to pick an awesome deal, and the day you want to use it on. For example, do you want to get 3x Rewards Points on a Tuesday? Sounds good to us. How about 20% off on a Saturday? You got it. Also, to make things extra convenient, you get 90 days to redeem your offer on the day of your choice. You’ll receive your Pick-Your-Day coupons in your email, make sure you use them! They’re pretty swell.
Once I become a PRO Access member, how soon until I receive my first PRO Box? How many Pro Boxes will I get after that? Also—what exactly will be in them?
You’ll get your first PRO Box within 2-4 weeks after enrolling and activating your account. You have to activate your account in order to get your box, otherwise we won’t have an address to send it to!
The first box will be filled with products exclusively curated for you from our top GNC brands. Plus, look out for a few surprises!
Expect your next two boxes to arrive within the year. They’ll include samples that we’ve selected to go with your personal interests and health goals. They’ll feature GNC and national brands, exclusive new products, coupon, swag and more!
How do I customize my future PRO Boxes?
If you want to customize your box, all you have to do is fill out your interests when you activate your account. Haven’t filled out your interests yet? No problem. Just log on to your PRO Access account, and go to the “Activities and Interests” section under the “Account” tab.
Also, the more you shop, the better we know what to give you in your PRO Box. With every purchase you make using your PRO Access membership, we learn more about what you like, and what cool new products will best suit your personal tastes and goals.
How will I know when my PRO Box will arrive?
As soon as your box ships, we’ll send you an email confirmation along with your shipment date and a tracking number.
Can I gift Rewards Points to either a charity or another myGNC Rewards/myGNC PRO Access member?
Wow, you’re a generous person! At this time, your points are yours and only yours. To have and to hold. From this day forward. Actually, for 12 months on a rolling basis in your account. Translated: If you aren’t active and we don’t see you for 12 months, your Rewards Points will expire. Points are not transferable and may not be combined among members.
Is the Gold Card program completely gone?
Yes! It was a good run, but after talking to our customers, we learned that having a free membership program, and one new low price, were the ways to go. You talked, we listened!
I can’t find my card. How do I get a replacement?
Don’t worry about it. We’ve gone virtual, so you don’t need a replacement card. After all, who wants to carry around plastic cards and key fobs anymore? When you visit your store or enroll online at myGNCRewards.com simply provide a few key details about yourself: your email address and phone number. We’ll make sure you get Rewards Points for your purchases. Less to carry around and another plastic tree lives to see tomorrow!
I travel for work, so I frequently shop at GNC.com and other stores throughout the country. Will I get Rewards Points for those purchases?
Yes, absolutely. You can earn Rewards Points on nearly all of your purchases made at any GNC store in the U.S, or at GNC.com.
Can I use my Cash Back Reward at GNC.com?
As of right now, no. Your Cash Back Rewards are valid only at GNC physical locations. But this may change so stay tuned!
I’m not receiving myGNC Rewards/myGNC PRO Access emails. How can I fix this?
Please call Customer Service at 1.888.462.2548. If you are a myGNC PRO Access member, please call the PRO Access Insider line at 1-866-214-2469.
I’m receiving too many GNC emails. How can I fix this?
In each email, look for the “unsubscribe” link at the bottom. Click that link. It will take you to a page where you can tell us that you want fewer emails or to fully opt out of promotional emails. Heads up, though: even if you unsubscribe from promotional emails, you will still get operational emails related to myGNC Rewards/myGNC PRO Access, such as your monthly statement, cash-back reward notifications (come on, these are the fun ones!) and any account change notifications.
The myGNC Rewards Program ("Program") is a loyalty program sponsored by and operated by General Nutrition Corporation (“GNC”). The following terms and conditions (“T&C”) govern your membership in the Program. Participation in the Program subjects members of the Program ("Members") to these terms and conditions and as they may be periodically amended or updated at www.myGNCRewards.com. Any updated T&C replace all previously-published T&C or policies. Members have the responsibility to check for any updates to the Program or the T&C. If the T&C are updated, any changes will apply to all Members, including Members enrolled before GNC posts the updated text, except as may be prohibited by law. No changes to the T&C will apply retroactively unless we provide you with specific notice. Occasionally GNC may test or make available new offers, promotions or program benefits with a certain subset of Members based on factors within GNC’s sole discretion, except as may be prohibited by law. Every Member is not entitled to participate in every new offer, promotion or program benefit offered through the Program. GNC MAY CHANGE THESE T&C, IN WHOLE OR IN PART, AT ANY TIME WITHOUT NOTICE, EVEN THOUGH CHANGES MAY AFFECT THE BENEFITS AVAILABLE TO MEMBERS AND/OR THE VALUE OF THE POINTS ALREADY ACCUMULATED BY A MEMBER.
The Program is a loyalty rewards program offered by GNC to its customers located in the United States. Membership in the Program is limited to individuals only and is limited to one account per individual. Employees, officers, directors, agents and representatives of GNC and its affiliates or franchisees are eligible for Membership but may be excluded from certain promotions. To be eligible for Membership, you must provide a valid email address, be age 13 years or older, and a legal resident of the United States. Eligible minors must obtain their parent's or legal guardian's consent prior to participation. The Program is offered in the English language only.
You may enroll in the Program by visiting a participating GNC retail location or signing up online at www.gnc.com or via the GNC LiveWell app (does not apply to Pro Membership, as defined below. See myGNC PRO ACCESS Membership, below). Each applicant will be required to provide, without limitation, his or her name, address, telephone number and e-mail address. GNC may, in its discretion, require additional information or verification in connection with your application, including without limitation, agreeing to these T&C. You may also be asked to provide other information about yourself at activation such as your birthdate and interests so that we may provide a more personalized program, but this information is optional. GNC reserves the right to refuse or restrict your participation in the Program for any reason. NO PURCHASE OF PRODUCTS IS NECESSARY TO BECOME A MEMBER. The Program is void where prohibited by law.
Affiliates, partners or distributors of GNC may also have similar customer programs; Membership in the Program does not make you a member or confer any rights or benefits in the program of any other GNC affiliate, partner or distributor of GNC.
Members are responsible for maintaining accurate and updated personal information regarding their account ("Account"). Members can obtain information about the Program, their Account activity, and change their profile preferences and contact information at any time by visiting www.myGNCRewards.com. Account and Program information may also be obtained by contacting GNC Customer Service ("Customer Service") by mail at: 300 Sixth Avenue, Pittsburgh, PA 15222. By phone, call toll-free: 888.462.2548. PRO Members (see “myGNC PRO ACCESS Membership” below) can call 866.214.2469.
In connection with your Membership, you will be required to select a password in order to access your account online. You are solely responsible for maintaining the confidentiality of these login credentials, and you are solely responsible for all use of your login credentials to access your account, whether authorized by you or not. We strongly recommend that you log out of your account when not in use. You agree to notify us immediately of any unauthorized use of your password or any other breach of account security. Access and use of a Program account is restricted to authorized Members. Individuals, including Members, attempting to access any restricted areas of the Program without authorization may be subject to prosecution.
When you enroll in the Program, you consent to receive (a) transactional email regarding the status of your account and the Program; and (b) marketing and promotional email offers and updates from the Program and from GNC and its affiliates. Members may not unsubscribe from receiving transactional email regarding the Program. Members may withdraw consent and unsubscribe from GNC and/or affiliate or partner marketing and promotional emails at any time via the unsubscribe link in that email. Members can also unsubscribe from receiving marketing and promotional email by calling 888.462.2548. Pro Members can call 866.214.2469.
As a Member, you will receive several offers during your Membership. Offers may include, but are not limited to, percent-off and dollar-off coupons, points-earning opportunities, birthday offers, shipping discounts, shopping events and other promotions. Offers will be subject to additional details, exclusions and terms. In addition, as a Member, you may receive other opportunities, such as early notification about upcoming events and sales, notification of new products and personalized recommendations.
You will be awarded 150 points upon your account activation. To earn Program points: (a) whenever you make a purchase at a store, at the register you will need to provide your email address or phone number (registered with your Program account) ("Membership Identifier”).
If you provide your Membership Identifier in store at the register, you can receive updates about your Account, such as your point balance and whether you have qualified for any Rewards. You can also access your Account information online by logging into your Account at www.myGNCRewards.com.
Points cannot be accumulated on purchases made before a Member initiates an Account, and Members cannot view the accumulation of their points or redeem their points for rewards until the Account is fully activated by completing online activation at www.myGNCRewards.com.
Members accumulate one point for every $1 spent on any eligible product purchase when a Member's Membership Identifier is provided at time of purchase. Notwithstanding the foregoing, points and their values: (a) are determined by GNC in its sole discretion; (b) are subject to change without notice; and (c) may vary among activities and promotions.
The dollar amount of any eligible product purchased will be rounded to the nearest whole dollar before accumulated points are calculated (i.e., $0.50 or higher is rounded up, $0.49 or lower is rounded down). The dollar amount for the purpose of calculating Point earned is on the actual dollars spent at checkout, less taxes, fees, delivery charges, rebates, or other excluded charges.
Points will be credited to a Member's Account within approximately 24-48 hours from the time of purchase. No adjustments to a Member's Account will be made after 30 days from the actual purchase date, except at GNC's sole discretion. GNC is the final authority on accrual and crediting of points and reserves the right to deny or revoke points at any time if GNC determines that they were improperly or mistakenly obtained, accrued or credited.
Members do not accumulate points for the amount of any coupons redeemed or discounts applied to a purchase. Points may not be earned on the purchase of gift cards. Other exclusions and limitations may apply.
Points Expiration and Non-Transferability
Points expire at the end of the month in which they were earned one year from when they were earned so long as the Member has not been terminated or withdrawn from the Program (example – points earned on July 5 expire on July 31 of the following year). Points cannot be earned by a Member after the Program is terminated or the Member’s participation in the Program has been terminated. Unless prohibited by law, unused Points automatically are forfeited upon termination of the Program or when a Member’s Program Account is cancelled or terminated or the Member’s participation in the Program otherwise is terminated.
Membership, points, Accounts, offers and reward certificates are nontransferable, have no cash value, may not be purchased, and are not redeemable for cash under any circumstances except as required by law. Accumulated points, offers and rewards certificates do not constitute property of the Member. Accumulated points and coupons are not transferable by the Member upon death, as part of a domestic relations matter, or otherwise. Points and other benefits of the Program may be taxable where required by law. Accrual and redemption of Points are void where prohibited by applicable laws or regulations and are subject to change as may be necessary to comply with such laws or regulations.
Entities or persons using the Program for profit are not eligible to become Members or to accumulate points.
Points Redemption, Reward Redemption, Redemption, and Other Benefits
A Member will earn a $5 reward (each, a “Reward”) every time the Member earns 150 points. At your option, you may choose for each Reward to auto-issue to you once you have earned the points necessary for the Reward or you may choose to “bank” your points and activate a Reward at a time of your choosing. If you choose to auto-issue your Rewards, GNC will automatically issue you a Reward every time you earn 150 points. If you choose to activate a Reward at a time of your choosing, GNC will issue the Reward after you have completed the activation process. If you choose to bank your points, the maximum amount of points that may be redeemed for a Reward at any one time is 1,500.
You will be sent an account statement on a monthly basis by email, at the email address registered with your Account, which will reflect the status of your Account. We suggest adding GNC.com to the approved senders list in any spam filter you are using. We have no responsibility for ensuring that you receive emails we send to you. Upon issuing a Reward, GNC will deduct 150 points from your Member Account. The corresponding Reward will appear in your Online Account and there will be a code assigned to each Reward that you can use to redeem the Reward.
Rewards can be used only in participating GNC retail locations. Rewards may not be used at third-party stores which sell GNC products. To redeem your Reward at a GNC physical store, you must provide your Membership Identifier at the time of purchase.
REWARDS EXPIRE 30 DAYS FROM THEIR DATE OF ISSUE, SO REMEMBER TO USE THEM PROMPTLY.
You can use as many Rewards as you wish, and may combine multiple Rewards into a single transaction up to a maximum of $500, as long as the Rewards have not yet expired.
Rewards cannot be used for gift cards, prior purchases, shipping and handling fees, taxes or donations.
NO PARTIAL REDEMPTIONS. If the price of merchandise you wish to purchase is more than the value of a Reward, you will need to pay for the remaining cost of the product. IF THE PRICE OF MERCHANDISE YOU WISH TO PURCHASE IS LESS THAN THE VALUE OF THE REWARD, THE REMAINING VALUE OF THE REWARD WILL BE SACRIFICED AND CANNOT BE USED TOWARDS A FUTURE PURCHASE.
NO REISSUE OF REWARDS OR POINTS UPON RETURNS. WE WILL NOT RETURN OR REISSUE TO YOU ANY REWARDS YOU USED TO PURCHASE MERCHANDISE, OR RESTORE POINTS TO YOUR PROGRAM ACCOUNT, IF OR WHEN YOU RETURN THE MERCHANDISE TO US. IF THE TRANSACTION REQUIRED YOU TO PAY ANYTHING ABOVE AND BEYOND THE REWARD AMOUNT, WE WILL REFUND THE AMOUNT YOU ACTUALLY PAID TOWARD THE TRANSACTION.
Additional exclusions and limitations related to Rewards may be specified at the discretion of GNC. Members may be notified of additional eligible and ineligible merchandise at the point of redemption.
If you return merchandise, the Points you had earned from the purchase of that merchandise will be deducted from your Points balance. Except as may be required by law, in the event that Member returns merchandise that was partially or wholly paid for with a coupon(s), the coupon(s) and points used in connection with the purchase will not be reissued. Negative Point balances never expire, but a Member can move into a positive Point balance by making purchases or engaging in any other announced activities which can be used to earn Points.
myGNC PRO ACCESS Membership
At time of enrollment, or at any time after initial enrollment, a Member may purchase a myGNC PRO ACCESS membership by visiting a store location, (a “Pro Member” or “Pro Membership”). Membership in the myGNC PRO ACCESS level is subject to these T&C as revised or amended at any time pursuant to the terms herein. A Pro Member is entitled to the following benefits, which may be revised or amended at any time: (1) a personal sale day each calendar quarter of the year, (2) free shipping all year for purchases made at www.gnc.com, and (3) customized PRO boxes delivered to the Pro Member three times per year (consisting of new products, samples, coupons or other merchandise) (delivery of PRO boxes is not available outside of the United States). In the event a Pro Member does not pay to renew the annual PRO Membership, such Member’s account will be changed to reflect membership in the free Program and such Member will no longer receive the benefits of the Pro Membership. This revision for failure to renew a Pro Membership will not result in the loss of accumulated points or applicable expiration dates.
GNC at its sole discretion may invite certain Members to participate in a VIP tier of the Program. VIP members will remain in VIP status for current calendar year, from the date they first are invited and activate their VIP membership.
A Member may cancel his or her Membership by notifying Customer Service by mail or telephone. GNC, in its sole discretion, reserves the right to cancel an individual Membership. Cancellation of Membership results in loss of all accumulated points. Members who cancel voluntarily may not re-activate the Account but are eligible to open a new Account without the benefit of the previously accumulated points. You may not earn or redeem points after cancellation. Please note that, in some cases, you may continue receiving messages, including messages that were scheduled for delivery prior to cancellation, for a brief period of time after you cancel your Membership.
Changes, Termination And/Or Removal From Program
GNC may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the myGNCRewards.com website.
GNC reserves the right to exclude individuals from the Program in its sole discretion at any time and for any reason without liability to us. Any abuse of the Program, failure to follow these T&C or any other terms of the Program, Membership inactivity for more than 12 months, any misrepresentation or any conduct detrimental to the interests of GNC, including without limitation any attempt by you to accrue points or redeem points for the Program fraudulently or through other than legitimate channels or tamper with the points accrual or redemption process or your violation of applicable law may subject result in revocation of your Membership and future disqualification from participation and forfeiture of all points accrued in the Program. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any points in your account will automatically expire. In connection with the enforcement of any of the T&C governing the Program, GNC reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorneys' fees and court costs. The failure to exercise or enforce any right hereunder or any other provision of this T&C shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GNC in writing.
Entire Agreement. These T&C, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between GNC and Member relating to the subject matter hereof and supersedes any prior versions of these T&C as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
Proprietary Rights. You acknowledge that Program content (including but not limited to text, sound, photographs, graphics, button icons, digital downloads, data compilations (including Member and GNC information) logos or other material contained in any GNC communication, advertisement or message, whether by GNC or its advertisers), information about GNC and its products and services, copyrights, trademarks, service marks, trade names, and software are protected by copyright, trademark, service marks, patents and/or other proprietary rights and laws; therefore, any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of GNC or its appropriate affiliate or licensor. GNC does not license any sponsor, advertiser, partner, Member or user to use any portion, or all, of the Program without our express prior written consent.
Notices. Notices given by GNC will be transmitted, in our sole discretion, by e-mail or regular mail to the addresses on file with your account, or by general posting on the Program website or at our retail stores.
Waiver of Claims. Participation in the Program and any of its associated benefits, including the Program Rewards, is at Member’s sole risk. The Program Rewards and other Program benefits are provided only on an “as is” and “as available” and “with all faults” basis. Member hereby releases and waives any and all claims against GNC and its parents, subsidiaries, and affiliates, and each of their employees, directors, officers, members, shareholders, agents, vendors and contractors (collectively, the “Program Providers”) arising out of, or in connection with, Member’s enrollment or participation in the Program, the availability, redemption, or use of any Program Reward, the information available thereon, the modification or termination of this Program or any aspect of the Program.
Limitation of Liability. The Program Providers shall not be liable to Member or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages, including, but not limited to, loss of profits, goodwill, use, data or other intangible losses, arising out of Member’s (i) access or use of, or inability to access or use, the Program or the Program Rewards, (ii) unauthorized access to or alteration of Member’s Program account data, including points, (iii) access or use of, or inability to access or use, information made available through the Program or arising out of any action taken in response to or as a result of any information available through the Program, or (iv) any other matter relating to the Program. In addition, we are not responsible, and assume no liability, for any changes or discontinuances of goods or service from our suppliers, which may affect the availability of Program Rewards or the accrual of points. In no event will the Program Parties’ total liability to you for all damages, losses or causes of action exceed $50 USD or the value of any redeemed Program Reward that is subject to such damage, loss or cause of action, whichever is less.
Disclaimer of Warranties. The Program Providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, warranties related to the availability and use of Program Rewards, and any warranties that the Program will be uninterrupted, timely or error free or that defects will be corrected. No advice or information, whether oral or written, obtained by a Member from or through the Program or GNC shall create any warranty not expressly made herein. GNC shall not be liable or responsible for any guarantees, warranties or representations, if any, offered by advertisers, manufacturers of merchandise, or suppliers of services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages. Accordingly, some of the above limitations and exclusions may not apply to you.
Indemnification. You agree to indemnify and hold the Program Providers harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (i) your participation in the Program, (ii) your use of any Program Reward, or (iii) your violation of this Agreement. You understand, acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Program or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Choice of Law; Jurisdiction. These T&C will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Program will be brought only in the federal or state courts in Allegheny County, Pennsylvania. A printed version of these T&C will be admissible in judicial and administrative proceedings based upon or relating to these T&C to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
General. Our failure to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision by us. If any provision of these T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our T&C remain in full force and effect. By participating in the Program, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these T&C, and to abide by and comply with these T&C.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND GNC HAVE AGAINST EACH OTHER ARE RESOLVED.
This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and GNC agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these T &C, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Program, (ii) any purchases or other transactions or relationships with GNC, or (iii) any data or information you may provide to GNC or that GNC may gather in connection with such use, interaction or transaction (collectively, “GNC Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Program, or engaging in any other GNC Transactions or Relationships with us, you agree to binding arbitration as provided below.
(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and GNC (the “Arbitrator”);
(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these T&C and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these T&C is void or voidable;
(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and GNC; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
(d) Governing Law. The Arbitrator (i) shall apply internal laws of the Commonwealth of Pennsylvania consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Pennsylvania or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(e) No Class Relief. The Arbitration can resolve only your and/or GNC’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(g) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, GNC will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(h) Reasonable Attorney’s Fees. In the event you recover an Award greater than GNC’s last written settlement offer, the Arbitrator shall also have the right to include in the Award GNC’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but GNC shall in all events bear its own attorneys’ fees; and
(i) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor GNC shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
(j) Modification of Arbitration Clause With Notice. GNC may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after GNC has given notice of such modifications and only on a prospective basis for claims arising from GNC Transactions and Relationships occurring after the effective date of such notification.
(k) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against GNC in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.