Welcome to the Waxing the City web site of Waxing the City Worldwide, LLC (“Waxing the City”). Waxing the City is pleased to make this web site located waxingthecity.com (the “Site”) available for your use and benefit. By using the Site you agree to be bound by the Terms of Use set forth below. Use of this Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site and may not use the Site.
These Terms of Use apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with Waxing the City, unless otherwise directed by Waxing the City. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately discontinue use of this Site.
Any information collected at this Site is governed by our Privacy Policy, unless otherwise stated. To access and use certain services available through the Site, you may be required to register with Waxing the City through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.
All content, software, and technology included on this Site or used in the operation of this Site is the owned or licensed property of Waxing the City or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Waxing the City and protected by U.S. and international copyright laws. Waxing the City grants you permission to view and use content, software, and technology made available to you on the Site in connection with your own personal, noncommercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on this Site is strictly prohibited.
The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Waxing the City and others. Nothing on this Site shall be construed as granting any license or right to use any Trademark displayed on this Site without the prior written permission of the Trademark owner. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
All other intellectual property rights related to the content, software, and technology included on this Site or used in the operation of this Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Waxing the City. Any use of these rights without the prior written permission of Waxing the City is strictly prohibited.
Information on this Site may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. Waxing the City reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If Waxing the City discovers price errors, they will be corrected on Waxing the City’s systems, and the corrected price will apply to your order.
THIS SITE AND ALL CONTENT, materials, PRODUCTS and services available through THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. Waxing the City DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. Waxing the City MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. Waxing the City MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THIS SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THIS SITE.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK.
IN NO EVENT SHALL EITHER WAXING THE CITY OR ITS AFFILIATES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE SERVICES AVAILABLE THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
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, and you may have additional rights.
Under no circumstances whatsoever shall Waxing the City’s aggregate liability resulting from or relating to your use of this Site exceed Five Dollars ($5.00).
As a visitor or user of this Site you shall not:
You agree that you are solely responsible for the Post of any content that you make available on or send through this Site (“User Content”). In addition to the rights granted to Waxing the City elsewhere in these Terms of Use, you hereby grant Waxing the City the irrevocable right to copy and use User Content in connection with this Site and for the purposes related to your Post of the User Content. Although Waxing the City has no obligation to screen, edit or monitor any of the User Content or user conduct on this Site, Waxing the City reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on this Site at any time and for any reason without notice. Your User Content may be available on the Site for a limited period of time, as determined by Waxing the City in its sole discretion. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
By the Post of User Content to this Site, you represent and warrant that (a) the User Content is non-confidential is not subject to disclosure restrictions under any applicable data privacy laws or regulations; (b) you have all necessary rights to Post the User Content to this Site and to grant the rights to Waxing the City you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with this Site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.
You agree to indemnify, defend, and hold Waxing the City and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that Waxing the City incurs or suffers which relate to your use of this Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.
The Site may contain links to other web sites. Additionally, other web sites may contain links to this Site. Waxing the City does not review or monitor the web sites linked to this Site and Waxing the City is not responsible for the content or policies of any other web sites. Any link established by Waxing the City does not constitute an endorsement of the other web sites or create a relationship between Waxing the City and the operators of other web sites. Waxing the City disclaims any liability with respect to your use of any other web site, and you release Waxing the City from any liability related to your use of any link to another web site or your use of any other web site. Where this Site contains a link to another web site owned and/or operated by Waxing the City, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.
Waxing the City may revise these Terms of Use at any time without notice. Any use of this Site following the date on which changes to these Terms of Use or the Privacy Policy are published on this Site shall constitute your acceptance of all such changes. You expressly agree that Waxing the City shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.
Waxing the City may modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any services without notice and Waxing the City reserves the right to refuse service to anyone at any time, with or without cause.
If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Waxing the City reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.
You authorize Waxing the City and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of this Site. You represent and warrant that you are the only one who will make payments in connection with this Site, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Waxing the City are nonrefundable.
English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.
Any failure by Waxing the City to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.
These Terms of Use shall be governed by the laws of the State of Minnesota without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with Waxing the City, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of Minnesota (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Minnesota Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Minnesota courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.
If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.
Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction.
You are responsible for compliance with applicable laws.
Any and all questions, comments, suggestions, and similar materials or information that you send or submit to Waxing the City or a third party provider on this Site, by a Post or otherwise (collectively, “Submissions”), shall become Waxing the City’s property; and you hereby transfer, sell, and assign to Waxing the City all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Waxing the City has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Waxing the City shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
For questions or comments related to this Site or these Terms of Use, please email us at Jim.Goniea@sebrands.com.
Persons under the age of 18 (“Minors”) must obtain their parents’ or legal guardians’ consent prior to participation. By enrolling in Club Orange, you agree (or, if you are a Minor, your parent or legal guardian agrees) to be bound by these terms and conditions. To enroll in Club Orange you must complete the Club Orange Membership Application available at all Waxing the City locations. Members must keep their personal information up-to-date. The Club Orange membership program is void where prohibited by law.
Membership-eligible services are subject to change at any time, with or without prior notice. However, a selected service will not be discontinued for the duration of an active membership.
Membership entitles the Club Orange member to receive, each month, the specified service, plus a 10% discount on any purchase of retail products and a 50% discount on of any one waxing service received for the first time. Membership benefits are not valid with any other discounts or promotions.
Membership automatically continues on a month-to-month basis until cancelled or terminated.
Club Orange Membership, including 4+1 prepaid packages, are valid only at the Waxing the City location at which the membership application was submitted or the 4+1 prepaid package was purchased (“Membership Location”) and are not transferable to any other person or any other Waxing the City location.
The Total Monthly Membership payment will be processed each month regardless of whether the membership specified service is booked or provided.
If a membership specified service is not used in a given month, the Club Orange member will receive credits equivalent to the value of the Total Monthly Membership payment reflected on the Membership Application. Monetary refunds are not issued for unused services. Credits are non-refundable and cannot be redeemed for cash. Credits are redeemable only at the Membership Location and can be redeemed as full or partial payment towards waxing services or the purchase of retail products.
Credits may be accrued up to a maximum value equal to four (4) of the membership specified services. Once this maximum is reached, additional monthly membership payments are not refundable and will not result in additional credits.
Prices for membership eligible services are subject to change. Rates and available services may vary by Membership Location. Total Monthly Membership Rate is based on the applicable service pricing at the Membership Location. Additional state and local taxes and fees may apply and may be charged separately at the time of service. Each Waxing the City location is independently owned and operated.
The Total Monthly Membership Rate may be increased upon 30 days’ written notice by the Membership Location.
A Membership may be cancelled anytime by providing 30 days’ advance written notice to the Membership Location or by coming into the Membership Location and speaking to a Studio Coordinator. Cancellation is effective 30 days after notice is received. Any Monthly Membership payments due within the cancellation notice period will be charged as scheduled.
UPON TERMINATION OR CANCELLATION OF A MEMBERSHIP, a MEMBER WILL HAVE SIX (6) MONTHS FROM THE EFFECTIVE DATEOF THE CANCELLATION OR TERMINATION TO REDEEM ALL ACCRUED CREDITS. WHEN THIS SIX (6) MONTH PERIOD EXPIRES, ANY UNUSED, UNREDEEMED CREDITS EXPIRE. MEMBERS WILL NOT RECEIVE ANY REFUNDS AND CANNOT REDEEM CREDITS OF ANY KIND UNDER ANY CIRCUMSTANCES FOR UNUSED, EXPIRED CREDITS. The Membership Location may, in its sole discretion, extend the time to redeem unused credits, but it is not obligated to do so. Any such extension must be in writing and signed by both the Member and the Studio Coordinator of the Membership Location.
At Waxing the City, we value your privacy. Our collection of your personal information and how we use it is governed by our privacy policy. To learn more about the Waxing the City privacy policy, please visit http://www.waxingthecity.com/privacy-policy/, write to us at: Waxing the City Worldwide, LLC, Attention: Chief Privacy Officer, 111 Weir Dr., Woodbury, Minnesota 55125 U.S.A., or e-mail at privacy@waxingthecity.com.
By submitting a Club Orange Membership Application, you agree to receive marketing materials and other communications by email from Waxing the City. If you do not wish to receive these communications you can request that they be discontinued by sending an email to privacy@waxingthecity.com or by following the opt-out procedures described in our privacy policy located at: http://www.waxingthecity.com/privacy-policy/.
It is the member’s responsibility to inform the Membership Location of any pre-existing conditions, limitations, allergies or sensitivities which the member believes may be affected by a waxing service. Members must complete an Intake Form, and provide accurate and complete information therein, prior to each service appointment.
A member who experiences unusual discomfort or pain, or is otherwise uncomfortable for any reason during a service, should immediately inform the Cerologist and ask that the service be adjusted or, ask to end the service at any time. If the members is still uncomfortable or discomfort is not relieved, the member should ask the Cerologist to end the service immediately.
Any concerns about a Cerologist or any staff member at the Membership Location should be immediately brought to the attention of the Studio Coordinator or the Franchisee owner of the Membership Location.
Waxing the City has a zero tolerance policy and illegal or inappropriate conduct by Franchisees or their employees is not tolerated. The Membership Location, or their employees, may in their sole discretion, refuse or discontinue a service if it is determined that the service may be unsafe or cause unusual discomfort or pain, of if the member violates these terms and conditions or otherwise engages in any inappropriate conduct that violates, or may violate, this zero tolerance policy.
The Membership Location reserves the right to collect any delinquent or outstanding, unpaid Total Monthly Membership payments and may terminate a membership for any reason not prohibited by law, including, but not limited to, an unsatisfactory payment history. For identification and billing purposes, the member must provide the Membership Location with current, accurate and complete information including: name, address, phone number and applicable payment data. The member must promptly notify the Membership Location of any changes to this information. Any written notices to a member will be sent to the address provided on the Membership Application form.
By joining Club Orange, you agree to be bound by these membership terms and conditions as well as the terms and conditions on the Membership Application and those which are generally applicable to Waxing the City. Waxing the City reserves the right to cancel, modify, or restrict the program or any aspect of the Club Orange program at any time. Waxing the City may terminate a member’s Club Orange benefits at any time in the event the member abuses the program or fails to follow these terms and conditions. Interpretation of these membership terms and conditions are at Waxing the City’s sole discretion and determination.
These Official Rules for the Waxing the City® Instagram sweepstakes (the “Sweepstakes”) are subject to change at any time at the sole discretion of Anytime Fitness, LLC (“Sponsor”). Void where prohibited.
To be eligible to win you must be at least 18 years old as of the date prizes are awarded and a legal resident of the United States.
The sponsor is Waxing the City Worldwide, LLC (“Sponsor”), located at 111 Weir Drive, Woodbury, MN 55125. Sponsor and its respective officers, directors, shareholders, and employees, including without limitation, the immediate family members of such individuals, are not eligible to participate. Sponsor will conduct the Sweepstakes substantially as described in these Official Rules.
This Sweepstakes period begins on January 23, 2019 at 8:00 PM CST and ends on January 25, 2019 at 11:59 PM CST (“Sweepstakes Period”).
During the Sweepstakes Period, to enter, entrants must “like” the designated Waxing the City Instagram post and tag one friend in the comments. One (1) entry per comment.
Sponsor’s decisions and interpretations on all matters relating to the Sweepstakes and these Official Rules are final and binding in all respects.
Winners will be selected by random drawing and notified by direct message through Instagram. Winners who fail to respond to Sponsor’s direct message within 72 hours may be disqualified. Sponsor reserves the right to disqualify any entrant or winner and may refuse to award a prize to a person who is not eligible, has violated a rule, or gained unfair advantage. No other form of entry is valid. Sponsor reserves the right, but not the obligation, to review any entry for violation of the Official Rules and may, in its sole discretion, reject or otherwise exclude an entry if deemed invalid or ineligible.
One (1) winner will be randomly selected from all eligible entrants and one (1) of each of the following prizes will be awarded to the winner. The prizes will consist of:
Prizes awarded at Sponsor’s discretion. Prizes have a combined equivalent cash value not to exceed $200.00.
Winner agrees to accept the prize “as is” and entrants hereby acknowledge that Sponsor is not, in any manner, responsible or liable for any warranty, representation, or guarantee relative to the prize. Additional terms and conditions may apply and Sponsor shall not be responsible or liable in any way for any cancellations, losses or damages.
Winner is solely responsible for any federal, state, and local taxes. Each prize is awarded “as is” with no warranty or guarantee, either express or implied, by Sponsor. Sponsor reserves the right to substitute prizes of equivalent value.
The odds of winning will depend on the number of entries.
Winners’ names are available only within thirty (30) days after the close of the Sweepstakes. To receive the name of the winners, where permitted by law, or a printed copy of the Official Rules, please contact Sponsor at socialmedia@waxingthecity.com.
By entering this Sweepstakes, you promise to abide by the Official Rules and decisions of Sponsor, which will be final and binding in all respects.
WARNING: ANY ATTEMPT BY ANY PERSON, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER WITH OR VANDALIZE ANY SPONSOR-OWNED WEBSITE OR MOBILE APPLICATION OR RELATED SOCIAL NETWORKING SITE, THE ENTRY PROCESS, OR OTHERWISE INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE DRAWING, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL REMEDIES AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
By entering, each entrant releases, discharges and holds harmless Sponsor and its affiliated companies, and any other party associated with the development, communication or administration of this Sweepstakes, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Sweepstakes, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light).
Sponsor Entities, Instagram®, Inc., their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, any other entity involved in the development or administration of the Sweepstakes, and each of their respective directors, officers, employees and assigns (collectively the “Released Parties”) are not responsible for any computer, network, technical, electronic, human or other errors or problems of any kind, for any injury or damage to participants or to any person’s computer or mobile phone relating to or resulting from entering or downloading materials or software in connection with entering, or for entries that are stolen, misdirected, garbled, delayed, lost, or late. By participating, each entrant agrees to release and hold the Released Parties harmless against any and all claims and liability of any kind arising in whole or in part, directly or indirectly, out of their participation in the Sweepstakes.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram®.
By entering, you confirm that you have read, understand, and agree to abide by these Official Rules and the decisions of Sponsor, which are final and binding. Sponsor Entities are not responsible for votes that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor Entities’ servers or elsewhere.
Sponsor reserves the right to cancel, terminate or modify the Sweepstakes if it is not capable of completion as planned for any reason as determined by Sponsor in its sole discretion, including, for example, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort.
Sponsor Entities are not responsible for errors in the administration or fulfillment of this Sweepstakes, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify this promotion based upon such error at its sole discretion without liability.
This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Rules shall be governed by the laws of the State of Minnesota without regard to any principles of conflict of laws. All disputes arising out of or connected with this Sweepstakes will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Washington County, Minnesota. Should there be a conflict between the laws of the State of Minnesota and any other laws, the conflict will be resolved in favor of the laws of the State of Minnesota. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Sweepstakes and shall not include any indirect, punitive, incidental and/or consequential damages.
1. Redemption.
Waxing the City® Gift Cards (“Gift Cards”) are issued by Waxing the City Worldwide, LLC, a Minnesota limited liability company (“WTCW”). To view your Gift Card balance, please bring the Gift Card to your local Waxing the City location.
Gift Cards may only be redeemed toward the purchase of eligible goods and services provided by participating Waxing the City franchised and corporate locations. Eligible good and services are designated by WTCW in its sole discretion and may change at any time. Purchases are deducted from Gift Card balance. Any unused Balance will remain associated with the Gift Card. If a purchase exceeds your Gift Card balance, the remaining amount must be paid with another payment method.
Your Gift Card cannot be used to purchase other Gift Cards or non-eligible products or services. Gift Cards cannot be reloaded; resold; used for payment outside of participating Waxing the City locations; used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes; redeemed for more than face value; transferred for value; redeemed for cash; returned for a cash refund (except to the extent required by law).
2. General Terms.
No service fees apply to Gift Cards and Gift Card balances do not expire. We reserve the right to require additional verification of your identity, Gift Card or account ownership, or provision of an additional payment instrument, before you are able to apply a Gift Card to your account or to a purchase. You agree that the laws of the State of Minnesota, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and Waxing the City Worldwide, LLC, and its affiliates related to your use of a Gift Card. We reserve the right to change these terms and conditions without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
3. Risk of Loss.
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Gift Cards must be obtained from WTCW and you are responsible for safeguarding your Gift Card from unauthorized use. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your Gift Card is used without your permission. There are a variety of Gift Card scams that request payment by Gift Card. WTCW is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.
4. Use of Gift Card in Violation of these Terms and Conditions.
By purchasing and using a Gift Card you agree to comply with these terms and conditions, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to WTCW, its affiliates, or its customers. We reserve the right, without notice to you, to void Gift Cards without a refund and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
5. Limitation of Liability.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.
6. Dispute Resolution.
Any dispute or claim relating in any way to Gift Cards will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator 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 and conditions as a court would.
We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
