1.2 Acceptance of Terms
By engaging in the Program, the Member concurs with the terms and conditions, rules, regulations, policies, and procedures of the Program. This includes but is not limited to these Terms and Conditions and the clauses that necessitate arbitration of all conflicts on an individual level (that is, not as a class action). Each Member bears the responsibility for staying informed about the Program's Terms and Conditions. The Company retains the authority to disqualify Members who breach any of these Program Terms and Conditions.
2. Right to Change/Cancel Program and/or Terms
At its discretion, the Company holds the right to modify, limit, or alter the Program's structure or any other attribute of the Program, including but not limited to the tiers, Points (as defined in section ), or other benefits offered under the Program; the manner in which Rewards (as defined in section ) or other benefits are earned, computed, or redeemed; or the expiration date of Points or Rewards. The Company reserves the right to alter or modify these Terms and Conditions or discontinue the Program entirely, at any point in time and for any reason, without prior notification. Any further details regarding the Program and updates to the Program (including these Terms and Conditions) will be posted here, with the "Last Updated" date being modified accordingly. The Company may also inform the Member about these changes via email. The Member's ongoing involvement in the Program signifies the Member's agreement to such modifications.
3. Membership Eligibility
The Program is available to residents of the U.S. who are at least 18 years of age, residing within the fifty (50) United States and the District of Columbia. There is no cost associated with becoming a Member. No initial purchase is necessary for membership. Membership is restricted to individuals exclusively, and each individual is permitted to hold only one account. The Program does not extend memberships to corporations, businesses, charities, partnerships, or enterprises, or any entity other than an individual, unless the Company provides written approval in advance at its discretion.
4. Membership Enrollment
Individuals can become members by establishing an account on madhappy.com. It is incumbent upon the Member to provide comprehensive and correct enrollment details. The Company retains the right to decline membership to any customer who fails to adhere to the prescribed enrollment procedures. Periodically, the Company may elect to provide incentives and promotions to encourage enrollment. Members are encouraged to promptly notify the Company of any alterations to their personal account contact details, including name, address, telephone number(s), and email address. This can be done by visiting www.madhappy.com/login and updating their Member account.
5. Program Communications
Unless the Member has chosen to opt-out from receiving promotional communications, the Company may, at its discretion, engage with Members with marketing via mail, email, and other platforms. This can include information about special Member promotions, offers, and more. The Company may also employ these platforms to communicate Member tier status, notify Members when they are eligible for a benefit or Reward (defined in Section ), relay changes to the Program, and more. Please be aware that even if the Member decides to opt out of receiving marketing or promotional communications, the Company may continue to send the Member non-marketing or non-promotional emails, such as those concerning the Member’s account or our ongoing business relations.
6. Earning Points
Members will accumulate reward points ("Points") in their Member account via Eligible Purchases (defined below) and engagement in other distinct programs and promotional offers which the Company or its third-party partners may announce intermittently. The conditions, requirements, and details for earning Points are as follows:
Eligible Purchases: Purchases of merchandise and/or services (post application of promotional offers, pre-application of taxes and shipping charges, deducted returns, refunds or credit adjustments, rounded to the nearest dollar) made at any Madhappy store in the United States or online at the Website and shipped to the continental U.S. and U.S. P.O. Boxes ("Eligible Purchases") contribute towards the Member’s Point accumulation and tier status. Eligible Purchases must be made utilizing the Madhappy Membership email address.
Processing of Points: Points earned through Eligible Purchases will be processed and added to the Member’s account thirty (30) days after (i) in-store purchase or (ii) the madhappy.com ship date.
Points earned from a purchase are deducted in the event of a return, refund, or other credit and will be deducted from the Member’s account in an amount equal to the Points earned for the original purchase.
7. Right to Revoke
The Company holds the right to withdraw the membership of any Member in the Program and/or retract any or all benefits to which the Member may be entitled if, in the sole opinion of the Company, a Member misuses any of the Program privileges, employs the Program fraudulently, fails to abide by these Terms and Conditions, or otherwise secures benefits through deceit, forgery, and/or fraud. If the Company decides to cancel the Member’s membership or discontinue the Program for any reason, all Points, Rewards, or other benefits accumulated in the Member’s account will be forfeited.
8. Opt Out
the Member’s engagement in the Program is voluntary, and the Member can opt to withdraw at any point by contacting us at [email protected]. Should the Member decide to exit the Program, the Member will lose the ability to access Member Points, rewards, or other benefits accumulated in the Member’s account.
9. No Transfer
Neither Program benefits nor Member accounts can be merged, transferred, purchased, sold, assigned, auctioned, or traded, including but not limited to in the event of death or as part of a domestic relations matter. Undertaking such actions will render the Member account void. Program Points, Rewards, and/or benefits do not carry a cash value and cannot be exchanged for cash.
The Member assumes responsibility and liability for any federal, state, or local income, sales, use, or other taxes that may arise from the Member's participation in the Program.
11. Governing Law
These Terms of Service and any separate agreements whereby we provide the Member Services shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state of California.
12. Mandatory Arbitration of All Disputes. No Class Actions.
Any dispute connected in any way to these Terms and Conditions or the Company’s Program, including claims based on state or federal statutes, shall be submitted to confidential arbitration in Los Angeles, California. These proceedings will be conducted under the Consumer Arbitration Rules of the American Arbitration Association. As limited by the Federal Arbitration Act (FAA), these Terms and the American Arbitration Rules, the arbitrator will have sole authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court. This includes the power to determine the question of arbitrability. The arbitrator's award will be binding and final, and it may be entered as a judgment in any court of competent jurisdiction.
Under this Agreement, both the Company and the Member acknowledge and agree that they are surrendering their right to a court or jury trial. They further agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. However, this provision shall not apply if either the Member or the Company has violated or threatened to violate any intellectual property rights held by the other in any way. In such a case, either party may seek injunctive or other appropriate relief in any state or federal court in the State of California. The Member consents to exclusive jurisdiction and venue in these courts.
12.1 Right to Opt-Out of this Arbitration Agreement.
the Member may opt out of the agreement to arbitrate all Disputes but only within the first 10 days after the primary member enrolls in one of our Membership Programs by sending an email to the Company at [email protected]. The Member’s email must include the Member’s printed name, mailing address, and the words “Reject Arbitration.”
13. Program Benefits and Details
Free U.S. Standard Shipping
Exclusive Early Access To Releases
Digital Access To Store Exclusive Products
Priority Entry For Store Openings
Member Only Releases
Access To Community Events
Madhappy Foundation Donation
Physical Member Card
Points Per Dollar Spent
Custom Holiday Gift
VIP In-Store Experience
Invite-Only Madhappy Experiences
First Access to Unreleased Product
Member Only Events
14. Membership Tiers
Madhappy Membership consists of four tiers with varying degrees of benefits, and different costs. The entry level tier, (“Optimist”) requires no purchase necessary.
The Madhappy Membership Optimist tier is a free membership that allows members to earn points per dollar spent. Optimist Members receive the following benefits; 1 point earned per dollar spent, access to Rewards, access to Badges.
The Madhappy Membership Family tier is a $250 yearly membership paid in advance and provides Family Members with all aforementioned perks plus the following benefits: Annual Gift ($165 USD Value), Early Access To Madhappy Releases, Digital Access to Store Exclusive Products, Free U.S. Standard Shipping, Priority Entry For Store Openings, Member Only Releases, Madhappy Wildcards, Access to Community Events, Madhappy Foundation Donation, Concierge Support, Physical Member Card.
The Madhappy Membership Alumni tier is a $500 yearly membership paid in advance and provides Family Members with all aforementioned perks plus the following benefits; Holiday Gift ($300 USD Value), First Access To Unreleased Product, Member Only Events.
The Madhappy Membership Staff tier is a $1,000 yearly membership paid in advance and provides Staff Members with all aforementioned perks plus the following benefits; Custom Holiday Gift ($1,000 USD Value), VIP In-Store Experience, Invite-Only Madhappy Experiences, VIP Support.
15. Redemption of Points
Points can be used towards eligible purchases made at a Madhappy store or via purchases on the Madhappy website, as determined by the Company. Points are non-transferable, have no cash value, are not legal tender, and do not give rise to any property or other interest whatsoever. Madhappy Points can be used only for redemption on select items.
16. Payment Processing through MoonPay
17. Contact Us
2301 E. 7th St.
Los Angeles, CA 90023