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The following Terms and Conditions (“Agreement”) describe the terms and conditions that apply to the use of Beyond Land Adventures Gift Cards (“Cards”). This Agreement is between you, the holder of a Card (the “Cardholder”), and Beyond Land Adventures, Inc. (the “Issuer”). By purchasing, accepting or using your Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept the Card. IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of in court and a class action waiver.

 

The Cards are denominated in U.S. Dollars. The Cards are neither debit cards nor credit cards.

Issuance and Redemption of the Cards.

No Cash Redemption. The Cards have no cash value and may not be redeemed for cash except as required by applicable law.

Activation. A Card is not valid for use until it has been activated.

Non-Payment. The Issuer reserves the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check or other failure of consideration.

Maximum Card Balance. The maximum load, reload and total balance of any Card is $1,000.

Card Balance Inquiry. For Card balance inquiries, call 1-619-366-6266. The balance obtained by a Cardholder when inquiring over the telephone is an estimate only. In most cases, the balance is adjusted immediately when a Cardholder makes a purchase, but there may be occasions when the balance adjustment is delayed.

No Expiration; No Fees. The Cards do not expire. No inactivity or service fees apply to any Card.

Refunds and Returns. The Cards are not refundable except as required by applicable law. Products and services purchased using a Card will be subject to the return policy of the Issuer at time of purchase.

No Resale. The Cards may not be resold without the Issuer’s express written authorization. A Card is not valid and will not be honored, and the Issuer will not be liable for the value of the Card, if the Card is obtained from an unauthorized seller or reseller, including through any Internet auction site.

Lost, Damaged or Stolen Cards. A lost, damaged or stolen Card may be replaced only if the Cardholder provides the original proof of purchase receipt and the complete Card number. To request a replacement Card, please visit 3445 Midway Drive, Suite G, San Diego, CA 92110. The Issuer is not responsible for unauthorized use of any Card.

Fraud. The Issuer reserves the right to refuse to honor a Card if the Issuer suspects that the Card was obtained fraudulently.

BINDING ARBITRATION AND CLASS ACTION WAIVER. Please read this section carefully. It affects legal rights that you may otherwise have and requires individual, final and binding arbitration of most disputes instead of resolution in court.

Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” During an arbitration, each party has an opportunity to present evidence to the arbitrator in writing or through witnesses, but arbitration provides for more limited discovery than in court, and the arbitrator’s award is subject to limited review by the courts. An arbitrator may award only the same damages and relief that a court could award under the law and must honor the terms and conditions of this Agreement.

 

You and the Issuer agree that any dispute, claim or controversy, whether at law or equity, arising out of or relating to your use of the Card or this Agreement, including but not limited to the interpretation, applicability or enforceability of these terms or the formation of this Agreement, or the arbitrability of any dispute (“Dispute”), shall be resolved in its entirety by individual binding arbitration. You and the Issuer agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted. You and the Issuer agree that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and the Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages. If it is decided that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) shall be severed from the arbitration and may be brought in court.

 

This agreement to arbitrate shall survive termination of this Agreement and extends to any Disputes that you may assert against the Issuer’s affiliates. This Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

 

PROCEDURES FOR ASSERTING A CLAIM. In the event of a Dispute, you or the Issuer must first send to the other party a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute to the Issuer at 3445 Midway Drive, Suite G, San Diego, CA 92110, USA, Attention: Legal. Any Notice of Dispute will be sent to you at the contact address that the Issuer or its affiliate has for you. You and the Issuer will attempt to resolve a Dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or the Issuer may commence arbitration or proceed in small claims court. You may instead litigate a Dispute in small claims court if the Dispute meets the requirements to be heard in small claims court.

 

If you and the Issuer do not resolve a Dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. The arbitration shall be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures, effective July 1, 2014 (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at jamsadr.com or 1-800-352-5267. To begin an arbitration proceeding, you must serve the Issuer.

 

Arbitration may be conducted in person, through the submission of documents or via telephone, to the extent permitted by the arbitrator and the JAMS Rules. Proceedings that cannot be conducted through the submission of documents or by phone will take place in San Diego, California. You and the Issuer agree to submit to the exclusive jurisdiction of the federal or state courts located in San Diego, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

 

In accordance with the JAMS Rules, the party initiating arbitration is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of the Issuer’s last written settlement offer; or (b) if the Issuer did not make a settlement offer, then, in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, the Issuer will reimburse you for the filing fees you incurred. Reasonable attorneys’ fees and expenses will be awarded only to the extent such an award is available under applicable law.

 

Nothing herein shall be construed as consent by the Issuer or any of its affiliated entities to the jurisdiction of any court with regard to disputes, claims or controversies unrelated to the use of your Card or this Agreement.

 

Limitation of Liability. THE ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND THE SOLE LIABILITY OF THE ISSUER AND ITS AFFILIATES, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Governing Law. The laws of the State of California, without regard to principles of conflict of laws, shall govern this Agreement and the use of your Card.

Severance. Notwithstanding anything herein to the contrary, if any part of this Agreement is deemed invalid or inapplicable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal and enforceable. If such provision cannot be so modified or restricted, it shall be excised from this Agreement without affecting the validity, legality or enforceability of the remainder of this Agreement, which shall be fully enforced.

Changes to Agreement. The Issuer reserves the right to modify, alter, change or amend this Agreement from time to time in its discretion without advance notice. The current version of this Agreement is available at beyondlandadventures.com/gift-card-terms-and-conditions.htm




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