1. Promotional Credits; Merchandise Credits; Gift Cards; Carbon38.com Balance; Redemption.
Carbon38.com Promotional credit, Merchandise credit and Gift Cards are issued by Carbon38.com and include Carbon38.com credit that is automatically added to your Carbon38.com balance when you “reload” your balance or receive an “allowance”(“Promotion, Merchandise, Gift Cards”). Your Carbon38.com Balance displays the total remaining balance of all Promotion, Merchandise, 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”, “Carbon38 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.
Promotion, Merchandise, Gift Cards may only be redeemed toward the purchase of eligible goods and services provided by Carbon38.com on www.Carbon38.com. See Section 8 below on expiration dates of Promotion, Merchandise, Gift Cards.
Neither your Carbon38.com Balance nor your Promotion, Merchandise, Gift Cards may be applied to the purchase of products at any website other than on www.carbon38.com. 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.
3. Risk of Loss.
The risk of loss and title for Promotion, Merchandise, Gift Cards pass to the purchaser upon our electronic transmission of the Promotion, Merchandise, Gift Cards 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.
4. Use of Carbon38.com Balance or any Promotion, Merchandise, Gift Cards in Violation of these Terms and Conditions.
We reserve the right to void Promotion, Merchandise, Gift Cards (including as a component of your Carbon38.com Balance), close customer accounts, and bill alternative forms of payment if we suspect that Promotion, Merchandise, Gift Cards are 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.
5. Limitation of Liability.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PROMOTION, MERCHANDISE, OR 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.
Any dispute or claim relating in any way to Promotion, Merchandise, 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.
7. General Terms.
The Carbon38.com Conditions of Use apply. When you purchase, receive, or apply a Promotion, Merchandise, Gift Cards 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.com and its affiliates related to your use of Promotion, Merchandise, Gift Cards 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.
8. Carbon38.com Balance Expiration.
Any portion of your Carbon38.com Balance made up of purchased Gift Cards or credit issued to compensate for purchased Merchandise does not expire and may be 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 purchased Merchandise credit or Gift Cards.
Any Promotion, Merchandise, Gift Cards issued as a promotional/courtesy/non-purchased credit to your account expires one year after issuance, unless otherwise stated. Your Account information will provide an update on the expiration date of your Promotion, Merchandise, Gift Cards.