GIFT CARD TERMS AND CONDITIONS
· BY PURCHASING, ACCEPTING, OR USING AN INSOMNIA GIFT CARD, YOU AGREE TO BE BOUND BY THIS GIFT CARD TERMS AND CONDITIONS. DO NOT PURCHASE, USE, OR ACCEPT AN INSOMNIA GIFT CARD IF YOU DO NOT AGREE WITH THIS GIFT CARD TERMS AND CONDITIONS.
· THIS GIFT CARD TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF INDIVIDUAL FINAL AND BINDING ARBITRATION TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND INSOMNIA ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN A CLASS ACTION OF ANY KIND.
· IF YOU ARE A PURCHASER, YOU AGREE TO PROVIDE THIS GIFT CARD TERMS AND CONDITIONS TO ANY USER.
1. GENERAL TERMS
The Gift Card
a. is a prepaid card that has no monetary value unless activated;
b. does not expire;
c. does not have activation, inactivity, or service fees;
d. is not redeemable for cash, returnable, or eligible for a refund, except as required by law; and
e. is not a debit or credit card.
2. PURCHASING A GIFT CARD
2.1 You can purchase a Gift Card at our retail locations or an e-gift card from our gift card purchasing page [here].
2.2 By purchasing an eGift Card, you authorize Insomnia to charge your credit card, debit card, or other electronic payment method at the time of purchase, regardless of the selected delivery date.
2.3 You must provide an accurate and valid email address for the eGift Card. We are not responsible for an eGift Card that is undeliverable or not received due to an incorrect or invalid email address. In the event the eGift Card is returned to us due to an invalid or inaccurate email address, we will attempt to contact you.
2.4 If you do not receive confirmation from us that your eGift Card was sent by the requested delivery date, or you have not received the eGift Card, please contact us at (877) 632-6654, or by email at firstname.lastname@example.org. You will need your contact Customer order number or email address.
3. USING THE GIFT CARD
3.1 Insomnia Gift Cards can be redeemed at participating Insomnia retail locations, Insomnia’s mobile apps, and online at Insomniacookies.com. Gift Cards cannot be used to purchase items from shopinsomniacookies.com.
3.2 Insomnia Gift Cards cannot be used on third party websites or food delivery apps.
3.3 Each transaction made using the Gift Card is debited against the Gift Card balance.
a. If the transaction exceeds the Gift Card balance, the user must pay the difference between the transaction amount and balance.
b. The Gift Card becomes inactive once the card value is depleted.
3.4 Gift Cards can be reloaded with funds up to $500 through our gift card purchasing page [here].
3.5 Gift Cards may not be resold by any unauthorized vendor. Insomnia will not honor Gift Cards that are purchased from an unauthorized vendor, including through any Internet auction sites.
4. LOST OR COMPROMISED GIFT CARDS
Insomnia is not responsible for and will not replace any Gift Card that is lost, stolen, damaged, destroyed, or otherwise compromised, except as required by law.
5. BALANCE INQUIRIES AND TRANSACTION HISTORY
To check your Gift Card balance, please visit our gift card purchasing page [here] or call (877) 632-6654. The balance you receive may be an estimate.
We reserve the right to update this Gift Card Terms and Conditions at any time. You agree that we may provide notices, disclosures, and amendments to this Gift Card Terms and Conditions and other information relating to your Gift Card by electronic means, including posting such materials at [here]. Please review this Gift Card Terms and Conditions periodically for any material changes.
7. LEGAL DISPUTES AND MANDATORY ARBITRATION. Please read this section carefully as it affects your rights.
Arbitration uses a neutral arbitrator to resolve a dispute instead of a judge or jury. It results in a final and binding decision that is subject to limited appellate review. By agreeing to arbitration, you waive the right to resolve your dispute through other available processes such as court or an administrative proceeding. An arbitrator must honor the terms in this Gift Card Terms and Conditions and can generally award the same damages and relief a court can award under the law, including declaratory or injunctive relief. Certain rights that you might have in court such as access to discovery, may be unavailable or limited in arbitration.
YOU AND INSOMNIA AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM BETWEEN YOU AND INSOMNIA, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, PRINCIPALS, MEMBERS, SUCCESSORS, ASSIGNS, SUBSIDIARIES, OR AFFILIATES (COLLECTIVELY FOR PURPOSES OF THIS SECTION, “INSOMNIA”) ARISING OUT OF OR RELATING TO THE PURCHASE, ACCEPTANCE, OR USE OF ANY GIFT CARD AND/OR THESE GIFT CARD TERMS AND CONDITIONS SHALL BE RESOLVED IN ITS ENTIRETY BY INDIVIDUAL (NOT CLASS WIDE OR COLLECTIVE) FINAL AND BINDING ARBITRATION.
YOU AND INSOMNIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; 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.
The arbitrator shall have sole authority to, and shall, address all claims or arguments by both parties, concerning the scope, formation, legality, and enforceability of this arbitration clause and the arbitrability of any claim or issue arising between you and Insomnia regardless of the date of accrual of such dispute or claim.
Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") of the American Arbitration Association ("AAA") as currently in effect, and as modified by these Terms, and will be administered by the AAA. You can find the AAA Rules online at https://www.adr.org/consumer or you can call the AAA at 800-778-7879 or write them at American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 (the “AAA Notice Address”).
All disputes shall be governed by the laws of the State of New York, without regard to principles of conflict of laws.
If there is a conflict between the AAA Rules and this arbitration clause and, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.
You agree to first try to resolve the dispute or claim informally by contacting us in writing at email@example.com. If the dispute or claim is not resolve within 60 days of submission, you agree that you or Insomnia may initiate arbitration.
To initiate the arbitration process, you must send a letter with a request for arbitration and a description of your claim to the AAA and to Insomnia’s registered agent, InCorp Services, Inc. at 919 North Market Street, Suite 950, Wilmington, DE 19801. You may also send a copy to the AAA online at https://www.adr.org.
The AAA's rules govern payment of all filing, administration, and arbitrator fees. You will be responsible for paying only your portion, if any, of the arbitration fees required under applicable AAA Rules regardless of which party prevails in the arbitration.
Arbitration may be conducted at a location that is reasonably convenient for you. Upon request of either party, the arbitration shall be conducted via telephone to the extent permitted by the AAA Rules.
The arbitrator will follow these Gift Card Terms and Conditions and the award will be final and binding. At the conclusion of arbitration, the arbitrator shall issue a written decision explaining the basis for the award. Any awarded relief shall not exceed what is allowed by applicable law and the Gift Card Terms and Conditions.
The parties agree that any declaratory or injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for an error of law or legal reasoning. The parties shall bear their own costs and fees for any appeal. Judgment on any arbitration award may be entered in any court of competent jurisdiction.
Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
CLASS ACTION WAIVER AND JURY TRIAL WAIVER
If for any reason a dispute or claim may proceed in court rather than in arbitration, you and Insomnia agree to WAIVE THE RIGHT TO HAVE A JURY TRIAL. You and Insomnia also agree to WAIVE ANY RIGHT TO PURSUE ANY CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, unless such waivers are unenforceable.
If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive to the fullest extent allowed by law, any claims to recover punitive or exemplary damages.
YOU AGREE THAT THIS LEGAL DISPUTES AND MANDATORY ARBITRATION SECTION SHALL APPLY TO ANY DISPUTE OR CLAIM WITH OTHER PARTIES ARISING OUT OF OR RELATING TO THE PURCHASE, ACCCEPTANCE, OR USE OF ANY GIFT CARD AND/OR THIS GIFT CARD TERMS AND CONDITIONS, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS SECTION, REGARDLESS OF THE DATE OF ACCRUAL. IF ANY PORTION OF THIS LEGAL DISPUTES AND MANDATORY ARIBITRATION CLAUSE IS DETERMIEND BY A COURT TO BE INAPPLICABLE OR INVALID, THE REMAINDER OF THE CLAUSE SHALL STILL BE GIVEN FULL FORCE AND EFFECT.
8. DISCLAIMERS AND LIMITATION OF LIABILITY
The Gift Card is offered “AS IS” and Insomnia makes no representations or warranties of any kind, whether express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, to the fullest extent permissible under applicable law.
Insomnia does not represent or warrant the Gift Card will be error free or uninterrupted, or that your Gift Card will always be accessible or accepted.
Insomnia does not represent or warrant that any information you submit (including personal information and payment card information) will be secure or free from unauthorized access or acquisition.
Insomnia shall not be liable for unauthorized use, alteration, theft, or destruction of a Gift Card due to accident, misuse, or fraudulent means by you or a third party or as a result of circumstances beyond our control.
In the event that Insomnia is found liable to you, you shall only be entitled to recover actual and direct damages. Such damages shall not exceed the last balance held on your Gift Card, as permitted by applicable law.
Insomnia 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 whatsoever based upon, related to or resulting from the Gift Card.
9. CONTACT US
Please contact us at (877) 632-6654, or by email at firstname.lastname@example.org if you have any questions regarding your Gift Card.