Terms of Use

PLEASE NOTE: SECTION 16 OF THESE TERMS OF USE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH REDEEEM ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS AS A MEMBER OF REDEEEM, AS WELL AS REMEDIES AND RECOURSE (INCLUDING THOSE IN SECTION 6) REDEEEM ("Redeeem" or "Company") MAY TAKE IN CONJUNCTION WITH YOUR USE OF OUR SITE AND SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

Last Updated: February 26th, 2018

Redeeem is owned and operated by Redeeem Inc. Welcome to Redeeem.com and our associated mobile applications (collectively, the “Site” or “Redeeem” or "Company"), an online marketplace for gift cards run by Redeeem, Inc. ( “we” , “our” , “us” or “Redeeem” ). Redeeem allows you ( “user” , “consumer” , “Member” , “guest” , or “you” ) to purchase gift  codes and other similar pre-paid closed-loop products in electronic form (collectively, “Gift Cards” ).

By using our service you agree and acknowledge that you have fully read and consented to be bound by these Terms of Service/Use (the “Terms of Use” or "Terms of Service" ). These Terms of Use are a binding agreement and apply to you and all registered Members, guests or other persons who access, browse and/or otherwise utilize Redeeem to buy Gift Cards or use any of the services available on Site. These Terms of Use set forth your rights and responsibilities when you use Site, so please read them closely. If you do not agree to these Terms of Use, you may not access or use Site or any of the services provided on it.

1. Modification of Terms of Use

We reserve the right at all times to update, modify or discontinue any part of these Terms of Use as we deem necessary or desirable, in our sole discretion. If we make changes to the Terms of Use, we will notify you by posting notice of the changes to the Terms of Use on Redeeem. Any changes to these Terms of Use will be effective upon the earlier dispatch of an e-mail or other notice to you informing you of changes to these Terms of Use or our posting of notice of the changes on Site. We suggest that you revisit our Terms of Use page time to time to ensure that you stay informed of any changes. Your use of Site after we update the Terms of Use will constitute your acceptance of the modified Terms of Use.

2. Registering, Eligibility and Member Account

There are no fees to join Site, use many of the features or to act as a buyer of Gift Cards on Site. You can join Redeeem by registering and setting up a Member Account on Site or via our mobile applications (“ Member Account ”). Use of Redeeem is intended solely for Members who are 18 years of age or older. If you are under the age of 18, you are not permitted to become a Member of Redeeem. In addition, if you are between the ages of 13 and 17, you may only set up a Member Account and/or use Redeeem under the supervision of a parent or legal guardian who registers a Member Account on Site for you and hereby agrees to be bound by these Terms of Use with respect to your use. If you serve as a parent/guardian of a minor between the ages of 13 and 17, who seeks to become a Member of Redeeem and who you have helped set up an Member Account, you represent and warrant that: (i) you are a custodial parent or duly appointed legal guardian of the minor for whom you have established a Member Account; (ii) the minor is between the ages of 13 and 17; (iii) that all information you have provided in the Member Account establishment process is true and correct; (iv) that the minor you have registered has your authority to use the payment method for which you have entered on Redeeem for the minor’s Member Account and (v) you agree to take full legal responsibility for all activity conducted in the minor’s Member Account and to be financially responsible for all such activity. 

We permit limited access to Site to guests and visitors who have not registered a Member Account. You may only set up one Member Account on the Site. Furthermore, you must fully comply with the following requirements: (i) provide complete, current and accurate information at time of registration, (ii) update all relevant Account information to keep it current and accurate (iii) select a security code/password for your Member Account that is not easy to guess or hack, and (iv) maintain the security and confidentiality of your Member Account, including any access or use of security codes associated with your Member Account, so as to minimize the risk of unauthorized access of your Member Account. Finally, you agree to inform Redeeem immediately if you suspect that your Member Account at Redeeem has been hacked or subject to any unauthorized access or use. You agree that Company may verify your information through whatever lawful means it deems reasonable and appropriate, to request additional information to confirm your identity and to deny you access to Site if it determines any information provided is suspect, not accurate or cannot be confirmed.

We reserve the right to interrupt your service, your access to your Member Account, and/or your access to Site or any services or Gift Cards offered on Site, with or without prior notice, for any reason, at our sole and absolute discretion. In the event your Member Account or access to it is interrupted or terminated for any reason, whether intentionally or unintentionally, we will not be liable for any losses due in whole or in part by such interruption or termination of your Member Account or your access to Site.

3. Use of Site to Purchase Gift Card Codes

(a) Managing and Using Your Gift Cards on Redeeem, Gift Card Terms & Conditions. Company allows you to buy Gift Cards, usually at a discount from their face value. Notwithstanding the above, Company does not guarantee any associated savings or discount a Buyer may receive in conjunction with the Gift Card purchased.

Gift Card codes will be mailed electronically, usually within minutes of successful payment. For security purposes, Redeeem reserves the right to delay delivery of the code to the customer's email for up to 24 hours. Orders may be canceled at any time if we suspect fraudulent activity on your account.

Gift Cards may be subject to various other terms and conditions related to a particular Retailer or Gift Card, including, without limitation, various limitations as to use of the Gift Card, combination with other offers, redemption and voucher use rules, and whether a Gift Card can be used online, in store or both. These terms and conditions are generally presented with the Gift Card on original merchant's site and you agree specifically to have read and accepted these particular terms and conditions when you agree to purchase the Gift Card in question on Redeeem.

We are not a party to any transaction that you may enter into with the Retailer as a result of your purchasing a Gift Card on Redeeem, are not responsible for the quality of goods or services you acquire from a Retailer or otherwise procure using a Gift Card acquired on our Site. If a Retailer were to go out of business or go into bankruptcy prior to your use of all the value on their Gift Card, you understand that your sole and exclusive recourse with respect to the unused value of the Gift Card for that particular Retailer is with the Retailer in question (and not Redeeem) and, as an unsecured-creditor, you may not be able to recoup the value of any unused Gift Card for such a Retailer. 

(c) General Rules of Conduct on Redeeem. By using Redeeem and setting up a Member Account, you agree to the following rules when visiting or transacting on Redeeem:

  • You cannot purchase more than $1,000 worth of face value Gift Cards per day;
  • You may not create more than one Member Account on Redeeem;
  • You must reside in the U.S. and transact any purchase or sale transaction on Redeeem only from within the U.S.;
  • Your Member Account is for your own personal use and you are not permitted to have a friend or other person use your Member Account on Redeeem;
  • You are responsible for your own tax reporting (if applicable) and payment of any applicable taxes with respect to any Sales Transactions on Redeeem; and
  • You may not use Redeeem in any manner that is illegal, fraudulent or otherwise inconsistent with, or in violation of, the Terms of Use or applicable law.
  • You agree that for any Gift Cards purchased on Redeeem, you MUST redeem the corresponding amount into your Amazon account within fifteen minutes for the Gift Card to be valid and for Redeeem to be liable for any unused cards.
  • You agree in the event you have any issues with redeeming your gift card codes, or if your gift card codes are deemed to be lost or stolen by any other party (and if such, were sold completely unknowingly as such by Redeeem), you will contact Redeeem immediately and we will replace the value of the gift card codes you purchased.

(d) Payment Options & Fees for Buyers 

Buyers: When you make a purchase on Redeeem, whether on the website or mobile applications, Redeeem accepts various forms of payment, including credit cards and debit cards. By making the purchase, you warrant that you are authorized to use the designated debit or credit card or other payment method and you authorize us to charge your designated credit or debit card or other payment method for any order you place on Site. When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information. In the event that the designated credit or debit card or other payment method cannot be verified, is invalid or is otherwise not acceptable to Redeeem, we may (i) suspend or cancel your order automatically, (ii) prohibit you from buying Gift Cards on Site until a valid, verifiable credit/debit card is on file with your Member Account and/or (iii) suspend or terminate your account with us. Payment card processing fees may apply even if the designated debit or credit card has expired or changed by the time we submit the charges to your card. We are not responsible for any debit card or overdraft fees associated with any order you use a debit card for. You agree to fully cooperate with Redeeem in an effort to resolve any problems we encounter in order to process your requested order on Site. 

4. Authorized Use and Termination of Access

You can use Redeeem only for its intended purposes and solely in accordance with these Terms of Use. Subject to your full compliance with these Terms of Use, Redeeem grants you a limited, nonexclusive, non-sublicensable license to access and use Redeeem solely for the purpose of purchasing Gift Cards or receiving other available services and features on Redeeem. This limited use and access license is revocable at any time by us.

Your Member Account with Redeeem and any access to the products, services and/or any portion of our Site, including any of our mobile applications, is and shall remain at the sole and absolute discretion of Redeeem. Therefore, we reserve the right to temporarily or permanently terminate, suspend, or refuse to permit your access to any portion of Redeeem (including any of our mobile applications and your Member Account) and any of the services provided on Redeeem for any reason, all at our sole and absolute discretion, with or without notice and without liability to you of any kind. You further agree that you will remain bound to the terms of these Terms of Use at all times during any suspension and after termination of your Member Account or access to Redeeem, with respect to any purchase or sale transactions, occurrences or acts or omissions on your part prior to or during the suspension, or prior to termination. We reserve the right to terminate or change any of the services available on Redeeem.

5. Prohibited Activity

In connection with using or accessing Redeeem (including your Member Account), whether via the website, our mobile applications or otherwise, you agree not to do, and not to facilitate any third party doing, any of the following (each a “Prohibited Activity” ):

(a) Modify, alter or otherwise make any derivative uses of the Redeeem content, trademarks, technology platform or its underlying software, or any portion thereof;

(b) Copy, reverse engineer, decompile, disassemble or attempt to discover the source code of the Redeeem technology platform or its underlying software;

(c) Use any automated or non-automated means of data gathering, data mining or extraction methods on or in connection with Redeeem, including any use of “robots”, “scrapers”, “spiders”, “readers” or similar devices;

(d) Infringe upon or violate the rights of Redeeem, its users, third parties or Retailers;

(e) Download, copy or imitate any portion of the Redeeem technology platform, its underlying software and content, or its user interface, or the Site, except as expressly permitted by Redeeem;

(f) Use Redeeem in any way that could damage, disable, overburden, place excessive demand on or impair our Site, mobile applications or any services we offer via Redeeem;

(g) Attempt to gain unauthorized access to (i) any Member’s personal information, personal profile, e-wallet or Member Account or (ii) Redeeem and its mobile applications, including but not limited to any Redeeem accounts, computer systems and/or network systems, through any means, including via a proxy server, or use any unauthorized access whether or not intentionally acquired;

(h) Aggregate or scrape any content, data or other information from the Site (whether using links, scraping technology or other technical means) to be aggregated or shown with material from other sites or on a secondary site without our express written permission;

(i) Hyperlink to the Site or deep-link to any portion of our Site without our written consent;

(j) Interfere with our Site’s or our mobile applications’ operations, attempt to access or steal any data and information on or related to the Site;

(k) Seek to transact any fraudulent or illegal activity, through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation of another person, misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your true identity or location (including via proxy server or otherwise) or providing false, inaccurate or altered documentation, information or identification;

(l) Circumvent or seek to circumvent any security measures or other features meant to protect the security of the Site and Redeeem Members’ security;

(m) Make any unsolicited offers, advertisements, proposals, or send junk mail, spam or chain letters to other Redeeem users or any other similar type of solicitation not approved of by Redeeem in writing;

(n) Upload to Redeeem images, content or other material that is illegally obtained, in violation of a third party’s intellectual property rights, or offensive, libelous, defamatory, harassing, threatening, inappropriate, deceptive or misleading in any way;

(o) Send or receive what we reasonably believe to be potentially fraudulent funds or otherwise use Redeeem in a manner that we believe is intended to facilitate a criminal or fraudulent activity or enterprise;

(p) Seek to access or use Redeeem from a country other than the U.S.;

(q) Use the Site in a manner that results in or may result in complaints, chargebacks, customer refunds, invalid Gift Cards, fees, penalties or other liability to Redeeem, its other members or partners;

(r) Make any fraudulent, improper or false refund request or claim under the Redeeem refund policy or any similar customer guarantees provided by us from time-to-time;

(s) Engage in, or be involved in, any criminal and/or fraudulent activities, including not limited to, the following with regard to any Gift Cards bought on Site: 

(t) Use Redeeem other than for its intended purposes (including for any malicious, threatening, unethical, harassing, fraudulent or illegal activity) or otherwise in violation of these Terms of Use.

6. Your Liability – Actions We May Take and Fees We May Assess

(a) General. You are responsible for all chargebacks, fees, fines, penalties and other liabilities incurred by us, any Member, a Retailer or any third party caused by or arising out of your breach of these Terms of Use, any Prohibited Activity and/or your use of Redeeem.

(b) Actions We May Take – Related to Prohibited Activity or Any Breach of these Terms of Use. If Redeeem, in its sole discretion, believes that you have breached these Terms of Use or engaged in any Prohibited Activity, we take various actions to protect Redeeem, our Members, Retailers or others from claims, refunds, chargebacks, fees, fines penalties or any other liabilities or exposure. The actions we may take include, without limitation, the following:

  • We may close, suspend or limit your access to your Member Account or Redeeem (including limiting your access to your funds and/or your Gift Cards, your ability to sell or purchase Gift Cards or request payment from us);
  • We may refuse to allow you to be a Member or otherwise access Redeeem in the future;
  • We may hold your funds if reasonably needed to protect against the risk of liability, in connection with the sale of potentially Invalid Cards, member refunds or as otherwise provided in this these Term of Uses;
  • We may terminate any of Gift Card transactions on Redeeem and withhold any payments associated with such transactions;
  • We may contact your bank and/or credit card issuer, Retailers, law enforcement and any other third parties impacted by your activities;
  • We may investigate any Prohibited Activity or breach of these Terms of Use and may notify and cooperate with appropriate law enforcement agencies;
  • We can and may share any information related to your Member Account, transaction history, payment information and other information related to your usage of Redeeem with law enforcement or relevant Retailers, to the extent requested in connection with any investigation into any potentially criminal, fraudulent or Prohibited Activity;
  • We may use information you provide us or related to your activity on Redeeem to investigate any potentially fraudulent or criminal activity or any Prohibited Activity, including to ensure you have not made improper or fraudulent refund requests under any Redeeem refund policy or member guarantee;
  • We may take legal action against you; and
  • We may, in our sole discretion, terminate all access to this Site, your Member Account and our services for any reason and at any time.

(c) Actions We Take – Holds and Reserves on Funds and your Member Account.

Legal Process & Court Orders. We may, in our sole discretion, take various actions, including placing a hold, reserve or other limitations on your Member Account or the funds or credits in your Member Account in the event we receive notice of a court order or other legal process that restricts the use of or access to your funds or requires their holding, release, or seizure. 

(d) Our Right to Reverse Refunds. In the event Redeeem determines, in its sole discretion, that you have mistakenly, improperly or fraudulent sought and received a refund for a Gift Card purchased on Redeeem under our then current refund policy, you authorize Redeeem to charge your payment method on file (credit card) with Redeeem or debit your Member Account the full amount of any such improper Gift Card refund(s) requested by you. Furthermore, in this circumstance, Redeeem reserves the right suspend or terminate your Member Account on Redeeem.

7. Intellectual Property & Trademarks

Unless otherwise indicated by us, the Redeeem Site and all content and other materials therein, including, without limitation, the trademarks, logos and all other  designs, text, graphics, pictures, information, data, software, sound files, other files made available on Redeeem and the selection and arrangement thereof, and any documentation provided to you by or on behalf of Redeeem (but excluding any and all trademarks, service marks or other intellectual property of Retailers found on Redeeem) are the exclusive property of Redeeem. 

All trademarks not owned by Redeeem that appear on this Site are the property of their respective owners. Reference to any products, services, merchants or retailers available on Redeeem does not constitute or imply any endorsement, sponsorship or recommendation by Redeeem. Furthermore, Redeeem is not the issuer of any of the Gift Cards available for sale on Redeeem, is not the seller of any secondary Gift Cards sold on Redeeem and is not related to any of the Retailers whose trademarks and Gift Cards appear on Redeeem for sale.

By posting or uploading any information, content or material to Redeeem's Site, you hereby agree to the following:

  • You hereby grant Redeeem an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said information, content or material and to grant and authorize sub-licenses of the foregoing.
  • You hereby grant Redeeem all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the information, content or material by any party for any purpose.

9. Copyright Complaints

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Redeeem may also terminate or suspend the account of any member who infringes any intellectual property rights of a third party, whether a repeat infringer or not. If you believe that any user content on Redeeem infringes upon any copyright that you own or otherwise control, you may file a notice of such infringement with our Designated DMCA Agent identified below, with the following information in writing: (i) a physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Attn: Redeeem Inc., 8939 Sepulveda Blvd Ste 110 #796 Los Angeles, CA 90045

Or email: support@redeeem.com

10. Links to Other Websites

Redeeem may link to third-party websites, services, and mobile applications ( “Other Websites” ). These links are provided as a convenience to you and not because we endorse these Other Websites. We are not responsible for the content or the accuracy of materials on these Other Websites, or the privacy practices of these Other Websites. If you decide to access any Other Website, you do so at your own risk and we are not responsible for any damages or liabilities caused or alleged to be caused by any use of the Other Websites.

11. Your Privacy

We take the privacy of your personal data seriously. We encourage you to read our Privacy Policy for disclosures about how we may collect, use and share personal data and the choices you may have with respect to the data we may collect and use. 

12. Electronic Communications

When you use Redeeem or otherwise send emails to Redeeem, you are communicating with us electronically and you consent to receive electronic communications related to your use of Redeeem, including push notifications. We will communicate with you by email, push notification or by providing notices on the Site. You agree that any communication we may send you via email or push notification will satisfy any legal requirement that any such communication be in writing. Any notice delivery by Redeeem via email will be effective when sent to the email address you provided to Redeeem or from which you otherwise email us. You further agree that you are responsible for maintaining an active email account on file with your Member Account and for any spam-filters (or similar content blockers) that may impact a Redeeem communication to you.

13. Disclaimer of Warranties & Waiver of Claims

YOU EXPRESSLY AGREE THAT YOU ARE USING THE SITE AND ANY SERVICES OFFERED BY US AT YOUR OWN RISK AND THAT THE SITE AND SERVICES AVAILABLE ON THE SITE ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, REDEEEM DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, INFORMATION CONTAINED ON THE SITE OR ANY OF THE GIFT CARDS OR OTHER OFFERINGS AVAILABLE ON THE SITE OR ANY OTHER PROGRAMS AVAILABLE OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY, UP-TIME, OR FITNESS FOR A PARTICULAR PURPOSE. REDEEEM MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS FREE OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REDEEEM OR ANY REPRESENTATIVE OF REDEEEM WILL CREATE A WARRANTY OR OBLIGATION ON THE PART OF REDEEEM OR SUPERCEDE ANY OF THESE TERMS OF USE.

REDEEEM IS NOT THE ISSUER OF THE GIFT CARDS SOLD ON REDEEEM AND IS NOT RESPONSIBLE FOR WHETHER OR HOW A PARTICULAR RETAILER HONORS SUCH GIFT CARDS, PARTICULARLY IN THE CIRCUMSTANCE WHEN A RETAILER GOES OUT OF BUSINESS OR IS IN BANKRUPTCY OR LIQUIDATION. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT YOU WILL NOT SEEK RECOURSE AGAINST (AND HEREBY WAIVE ANY AND ALL CLAIMS AGAINST) REDEEEM IN THE CIRCUMSTANCE THAT A RETAILER DOES NOT HONOR A GIFT CARD BECAUSE IT IS UNABLE TO PAY ITS DEBTS, GOES OUT OF BUSINESS, LIQUIDATES, GOES BANKRUPT, OR OTHERWISE REORGANIZES. FURTHERMORE, REDEEEM IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM LOST OR STOLEN GIFT CARDS IN YOUR MEMBER ACCOUNT WITHOUT YOUR PERMISSION AND YOU HEREBY AGREE TO WAIVE ALL CLAIMS AGAINST REDEEEM RELATED TO SUCH MATTERS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL REDEEEM, IT SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, MERCHANTS, LICENSORS OR PARTNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ON ACCOUNT OF LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOST BUSINESS ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (I) THE USE OF THE SITE, THE SITE AND/OR MEMBER CONTENT, INCLUDING ANY PERSONAL INFORMATION, (II) THE USE OF THE SERVICES ON THE SITE (OR INABILITY TO USE THE SERVICES), (III) THE MARKETING, PURCHASE OR SALE OF ANY GIFT CARDS ON THE SITE, AND (IV) ANY SERVICES OR OFFERINGS PROVIDED BY ANY THIRD PARTIES ACCESSIBLE FROM OR THROUGH THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY(INCLUDING, CONTRACT, TORT, WARRANTY, STRICT LIABILITY, ETC.) AND EVEN IF REDEEEM WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REDEEEM'S TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT, WARRANTY OR ANY OTHER THEORY OF LAW, ARISING UNDER THESE TERMS OF USE OR ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SITE AND/OR SERVICE PROVIDED VIA THE SITE EXCEED $200 IN THE AGGREGATE. YOU AGREE THAT ANY CAUSE OF ACTION HEREUNDER MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. BECAUSE CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS IN CERTAIN CONTEXTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

15. Indemnification & Release

You agree to defend, indemnify and hold us (and our affiliates, subsidiaries and our and their respective officers, directors, employees and agents (collectively with Redeeem the “Indemnified Parties”)) harmless from any claim or demand made by any third party due to or arising out of or related to: (i) your breach of these Terms of Use, (ii) your improper use of the Site or Redeeem services, (iii) your violation of any third parties’ intellectual property rights, (iv) your intentional misconduct, fraudulent acts or gross negligence, (v) any content you provide on the Site or (vi) your violation of any applicable law, including any applicable tax laws. You agree to pay any and all losses, costs, damages and expenses (including reasonable legal fees and expenses) (collectively “Damages”) for which any Indemnified Party is found liable in respect of any such claim or demand and to reimburse each Indemnified Party immediately for any Damages that the Indemnified Party has directly incurred, suffered or paid. You hereby recognize that Redeeem is not the issuer of any Retailer Gift Card sold on Redeeem and not the seller of any secondary Gift Cards sold on Redeeem. To the extent permitted under applicable law, you agree to release Redeeem from any claim or liability arising out of or related to (x) how and whether a Retailer honors its Retailer Gift Card(s) purchased on Redeeem and (z) any Retailer’s failure to honor a particular Retailer Gift Card purchased by you on Redeeem. In addition, if any Gift Card Codes have been deemed to be stolen or claimed as lost by any entity, and if such Codes were sold to Redeeem, Redeeem would have purchased such Codes without any prior knowledge and cannot be held liable for any damage related to such. However, Redeeem will replace the value of the Codes unusable by any client who purchased such from Redeeem as good faith. 

16. Legal Disputes

a. Binding Arbitration. By using this Site and agreeing to these Terms of Use, you agree that any claim, dispute, or controversy you may have against Redeeem arising out of, relating to, or connected in any way with these Terms of Use, this Site, or the purchase or sale of any Gift Cards or any other services offered on Redeeem (a“Dispute” ), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ( “AAA” ) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA, including, without limitation, the AAA Supplementary Procedures for Consumer Related Disputes, available at http://www.adr.org. ( “Rules and Procedures” ); except that you may bring a qualifying claim over a Dispute in a small claims court. The provisions of this Section 14 shall constitute your and Redeeem written agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”) and that you and Redeeem are each giving up the right to go to court and have a Dispute heard by a judge or jury (except for the limited exclusion above in a small claims court or in the context of injunctive relief permitted below).

You agree further that: (A) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Redeeem; (B) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (C) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Redeeem individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (D) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Redeeem will pay as much of your filing, arbitration and hearing fees in connection with the arbitration as the arbitrator deems necessary (not to exceed $10,000) to prevent the arbitration from being cost-prohibitive. Redeeem agrees not to seek attorney’s fees and costs in arbitration unless the arbitrator determines the Dispute was frivolous. The arbitration shall be conducted based on written submission unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary.

(b) No Class Action. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member of a purported class, representative proceeding or as an association. We each agree that any Dispute will be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator may not vary these terms.

(c) Choice of Law & Forum. Any and all Disputes shall be governed by the laws of the State of California without regard to any conflicts of laws provisions. In the event any Dispute were to proceed in court, you agree that (i) the federal and state courts of the state of California and Los Angeles County shall have exclusive jurisdiction to adjudicate any such Dispute, (ii) you and Redeeem irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for the resolution of such Disputes and (iii) you and Redeeem agree to irrevocably waive any right to a trial by jury.

(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or related to the infringement of a party’s intellectual property or any conduct that violates Section 5 of these Terms of Use.

(e) Severability. If Section 16(b) above or Section 16(a),(c) above is ruled to be unenforceable, then Section 16(a) shall be deemed unenforceable, but the rest of this Section 16 shall remain in full effect.

17. Miscellaneous Provisions

(a) Force Majeure Redeeem shall be excused from performance under these Terms of Use, to the extent it is delayed or prevented from performing, as a result of any event or series of events caused by: (i) weather conditions or elements of nature or acts of god, (ii) acts of war, terrorism, insurrection, riot, political unrest, (iii) labor strikes, (iv) embargoes, (v) error or disruption to computer hardware, networks or software failures or of third party providers or (vi) other causes beyond the reasonable control of Redeeem.

(b) Entire Agreement These Terms of Use, including the Privacy Policy and other terms incorporated by reference, constitute the entire agreement and understanding between you and Redeeem with respect to the subject matter covered and supersedes any prior agreements, whether in writing or oral, with respect to such subject matter.

(c) Assignment These Terms of Use are not assignable, transferable or sublicensable by you except with our prior written consent. Redeeem may transfer, assign or delegate these Terms of Use and its rights and obligations hereunder without consent.

(d) Severability & Subject Headings To the extent that any term is deemed invalid or unenforceable by a court of law with jurisdiction over the matter, that term shall be severable and not affect the validity of remaining terms. The section headings used herein are for convenience only and shall be of no legal force or effect.

(e) Notice Any notice to the Site that is required or permitted by these Terms of Use shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to support@redeeem.com, when delivered in person by nationally recognized overnight courier, or when mailed by first class, registered or certified mail, postage prepaid, to Redeem Inc: 8939 Sepulveda Blvd Ste 110 #796, Los Angeles, CA 90045