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Gift Card Terms And Conditions

1.Gift Cards; Carbon38.com Balance; Redemption.

Carbon38.com Gift Cards are issued by Carbon38.com and include Carbon38.com Gift Cards that are automatically added to your Carbon38.com balance when you “reload” your balance or receive an “allowance”(“Gift Cards”). Your Carbon38.com Balance displays the total remaining balance of all Gift Cards that have been applied to your Carbon38.com account but not yet applied to a purchase. We may refer to your Carbon38.com Balance as your “Carbon38Balance”, “Gift Card balance”, or “GC Balance”. To view your Carbon38.com Balance, visit Your Account on Carbon38.com. Purchases are deducted from your Carbon38.com Balance. Any unused Carbon38.com Balance will remain associated with your Carbon38.com account. If a purchase exceeds your Carbon38.com Balance, the remaining amount must be paid with another payment method.

Gift Cards may only be redeemed toward the purchase ofeligible goods and services provided by Carbon38.comon www.Carbon38.com.

2.Promotional Gift Cards.

A PROMOTIONAL GIFT CARD EXPIRES ONE (1) YEAR AFTER IT IS ISSUED, UNLESS OTHERWISE SPECIFIED.

A "Promotional Gift Card" means any gift card, whether in the form of a virtual e-card or an actual physical card, given away by Carbon38, Inc. ("Carbon38") as part of an awards, loyalty or promotional program without any money or other thing of value being paid in exchange for the gift card. The term "Promotional Gift Card" does not include "Gift Card", "Store Credit Gift Card" or "Customer Care Gift Card".

A Promotional Gift Card can be redeemed only through www.carbon38.com (the "Website") and may only be used toward the purchase of merchandise or services offered for sale in the country for which the Gift Card is issued. To redeem a Promotional Gift Card, you must enter your gift card ID and security code in the "Redeem Gift Card" area on the shopping cart page.

If you use your Promotional Gift Card to make a purchase at a website and your purchase does not exhaust the credit balance on your Promotional Gift Card, then you may use the remaining balance for future purchases, subject to the restrictions set forth herein. If you use your Promotional Gift Card to make a purchase at a website which exceeds the credit balance on your Promotional Gift Card, you will have to use another payment method to pay for the remainder of your purchase.

Promotional Gift Cards are not redeemable for cash.

Carbon38 is under no obligation to restore lost or stolen Promotional Gift Cards.

A Promotional Gift Card cannot be used toward the purchase of another Carbon38 Gift Card.

Additional credit cannot be added to a Promotional Gift Card after it has been issued by Carbon38.

If you receive a Promotional Gift Card in connection with your purchase of an item, your Promotional Gift Card will be voided if you subsequently return that item to Carbon38 for a refund.

A Promotional Gift Card may not be resold, and Carbon38 reserves the right to void any Promotional Gift Card it believes has been resold.

Except to the extent of any express conflict with these Terms & Conditions for Promotional Gift Cards, Carbon38’s standard Policy and Agreement applies to Promotional Gift Cards. All provisions of these Terms & Conditions are enforced except where prohibited by law.

3.Limitations.

Neither your Carbon38.com Balance nor your Gift Cards may be applied to the purchase of products at any website other than the website(s) listed in Section 1 above. Your Carbon38.com Balance cannot be used to purchase other Gift Cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. No portion of your Carbon38.com Balance may be transferred to another Carbon38.com account.Coupons and other discounts may not be used to purchase Gift Cards.

4.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 physical delivery of the gift card to the recipient, whichever is applicable. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your Carbon38.com Balance or any Gift Card is used without your permission.

5.Use of Carbon38.com Balance or any Gift Card in Violation of these Terms and Conditions.

We reserve the right to void Gift Cards (including as a component of your Carbon38.com Balance), close customer accounts, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to an Carbon38.com account (or your Carbon38.com Balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.

6.Limitation of Liability.

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR CARBON38.COM BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT 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, AND YOU MAY HAVE ADDITIONAL RIGHTS.

7.Disputes.

Any dispute or claim relating in any wayto Gift Cards or your Carbon38.com Balance 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.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.

8.General Terms.

TheCarbon38.com Conditions of Useapply. When you purchase, receive, or apply a Gift Card to your account, or your Carbon38.com Balance to a purchase, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and Carbon38.comand its affiliates related to your use of a Gift Card or your Carbon38.com Balance. We reserve the right to change these terms and conditions from time to time in our discretion, provided that we will use commercially reasonable efforts to notify you of such changes. 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.

9.Carbon38.com Balance Expiration.

Promotional Gift Cards expire one year after issuance. The portion of your Carbon38.com Balance made up of non-promotional Gift Cards issued after October 1, 2005 does not expire and maybe applied to your Carbon38.com account and applied to eligible purchases despite any stated expiration date. We will not charge you any dormancy, inactivity or service fees in connection with non-use of any non-promotional Gift Card.