The following terms and conditions (the "Terms") apply to the purchase and use of Rebody Gift Cards ("Gift Cards"). Your purchase and use of the Gift Cards constitute your agreement to follow and be bound by these Terms. Gift Cards denominated in U.S. dollars. Coupons and other promotions and discounts may not be used to purchase Gift Cards.
Redemption & Use
Gift Cards are redeemable online at Rebodyactive.com. Gift Cards may not be returned or applied as payment on any account or as payment for Gift Cards. Gift Cards may not be reloaded, transferred or sold. Gift Cards cannot be redeemed for cash except as required by law. Gift Cards may not be accepted for international orders.
For balance inquiries and to obtain information about Gift Cards, visit Your Account on Rebodyactive.com.
Expiration & Fees
Any portion of your Rebodyactive.com account balance made up of purchased Gift Cards or credit issued to compensate for purchased merchandise does not expire and may be applied to your Rebodyactive.com account and applied to eligible purchases. We will not charge you any dormancy, inactivity or service fees in connection with non-use of any purchased merchandise credit or Gift Cards.
*Gift Cards issued as a promotional/ courtesy/ non-purchased credit to your account expire one year after issuance, unless otherwise stated in writing. Your Account information will provide an update on the expiration date of your Gift Cards.
Lost, Damaged or Stolen Cards & Fraud
If lost, stolen or damaged, Gift Cards will not be replaced. Rebody will not be responsible if your Gift Card is used without your permission. Title to and risk of loss for Gift Cards pass to the purchaser upon sale. Please treat your Gift Card like cash and safeguard it accordingly. Rebody reserves the right to refuse to accept Gift Cards that it suspects or believes were obtained fraudulently.
Limitation of Liability
GIFT CARDS ARE PROVIDED ON AN 'AS IS' BASIS, AND REBODY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REBODY AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT YOUR GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. REBODY AND ITS AFFILIATES AND ITS VENDORS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE GIFT CARDS OR USE OF SUCH GIFT CARDS. IN THE EVENT THAT REBODY IS FOUND LIABLE TO YOU, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF CALIFORNIA OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.
Dispute Resolution & Applicable Law
In the event that our Customer Service team is unable to resolve your concern, any disputes arising out of your purchase or use of the Gift Cards or these Terms will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Note: There is no judge or jury in arbitration, no class action, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms as a court would.
You agree that the arbitration will be conducted by the American Arbitration Association ('AAA'), adr.org. You can contact AAA to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions or in person in Los Angeles county or at another mutually agreed location.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR REBODY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
The law applicable to the interpretation and construction of these Terms shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of California, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrary of claims. You agree that all matters relating to the Gift Cards or use of the Gift Cards, including all disputes, will be governed by the laws of the United States and by the laws of the State of California.
We reserve the right to make changes to these Terms at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.