BOUNCEU GIFT CERTIFICATES TERMS AND CONDITIONS
Updated October 2019
These terms and conditions (the “Terms”) govern any and all gift certificates, whether digital, physical, or otherwise for which a customer (“Customer”) prepaid a specified amount of money (such hereinafter referred to as a “Prepaid Certificate”) or which contain a promotional discount code (such hereinafter referred to as a “Promotional Certificate”) issued by BounceU Holdings, LLC, and its parents and affiliates (collectively, the “Corporate Entities”) or by any of their respective franchisees (collectively with the Corporate Entities referred to herein as “BounceU”). Prepaid Certificates and Promotional Certificates may collectively be referred to herein as “Gift Certificates.” By purchasing, accepting, or using a Gift Certificate, Customers agree to be bound by these Terms.
IMPORTANT: These Terms include A WAIVER OF JURY TRIAL and a class action waiver.
Throughout these Terms, unless clearly inappropriate, singular terms refer also to the plural and vice versa. In the event of any conflict with these Terms and any language on any Gift Certificate, these Terms shall govern and control.
Gift Certificates may only be redeemed at the specific BounceU location listed on the Gift Certificate. Customers agree and acknowledge that BounceU locations may be owned by individual franchisees and/or the Corporate Entities and that, as a result, such locations might not be formally affiliated with each other beyond the franchise relationship. As a result, any particular location is not obligated to honor Gift Certificates issued either by the Corporate Entities or by other unaffiliated franchisees.
- Prepaid Certificates are nonrefundable and may not be exchanged for cash, except to the extent required by applicable law. Notwithstanding the aforementioned, BounceU may, at its sole discretion, satisfy any outstanding Prepaid Certificate by refunding the money paid to the Customer.
- Prepaid Certificates may only be used as payment for goods or services in the amount noted on the Prepaid Certificate but may not be used to purchase other Prepaid Certificates. Purchase amounts (including any tax and other charges, if applicable) are deducted from a Prepaid Certificate’s available balance.
- Title to the Prepaid Certificates and the risk of loss, destruction, or deterioration pass to the Customer upon purchase. BounceU is not responsible or liable for any lost, stolen, damaged, or unauthorized use of a Prepaid Certificate.
- Prepaid Certificates do not expire are not subject to any service, transaction, maintenance, or dormancy fees.
- IN THE EVENT A PREPAID CERTIFICATE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND BOUNCEU’S SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH PREPAID CERTIFICATE.
- Promotional Certificates have no cash value and may not be exchanged for cash.
- Promotional Certificates may only be used to reduce or offset the cost of goods or services in the amount described on the Promotional Certificate. Promotional Certificates may not be combined or used with other offers, including with any other Promotional Certificate, unless expressly stated on the face of the Promotional Certificate.
- BounceU is not responsible or liable for any lost, stolen, or damaged Promotional Certificate.
- Promotional Certificates expire as stated on the Promotional Certificate. After such time, BounceU is not obligated to honor any promotional value on an expired Promotional Certificate.
Intellectual Property. Use of BounceU’s name, logos, trade dress, or trademarks in connection with the purchase or use of the Gift Certificates is strictly prohibited. Furthermore, the use of Gift Certificates in any manner that states or implies that any person, website, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, BounceU is prohibited without BounceU’s prior written approval.
Errors. BounceU assumes no responsibility for any typographical, printing, or other errors or omissions in these Terms, in any Gift Certificate-related advertisements or other materials, or other problems or errors of any kind whether computer, network, mechanical, human, electronic, typographical, printing or otherwise relating to or in connection with these Terms or any Gift Certificates. BounceU’s failure to enforce any condition of these Terms shall not constitute a waiver of that or any other provision. BounceU is also not responsible for incorrect or inaccurate information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in connection with Gift Certificates or by any technical or human error, which may occur in the processing of digital or electronic Gift Certificates.
Personal Information. Any personally identifiable information collected during a Customer’s use of a Gift Certificate may be collected by BounceU and used by them and their affiliates, agents, and marketers for purposes of the proper administration and fulfillment of the Gift Certificates as described in these Terms. BounceU has not made and is not in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Gift Certificate including, but not limited to, its quality or fitness for a particular purpose.
Dispute Resolution / Limitation of Liability. By using a Gift Certificate, Customers agree that 1) any and all disputes, claims, and causes of action arising out of or connected with the Gift Certificates shall be resolved individually, without resort to any form of class action; 2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with using the Gift Certificates, but in no event attorneys’ fees; and 3) under no circumstances will any Customer be permitted to obtain any award for, and each hereby waives all rights to claim, punitive, incidental, or consequential damages, any and all rights to have damages multiplied or otherwise increased, any other damages other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of the Customers in connection with any Gift Certificates, shall be governed by, and construed in accordance with United States law and the laws of the state of Arizona, without regard to its conflict of law provisions. Any legal proceedings arising out of any Customer’s use of a Gift Certificate or relating to these Terms shall be instituted only in the federal or state courts in Maricopa County, Arizona, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Terms. Customers each hereby waive their right to a trial by jury to adjudicate or resolve any legal proceeding, dispute, claim, action, or lawsuit arising out of or related to any Gift Certificate or these Terms.
Severability. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Acceptance / Modification. By using a Gift Certificate, Customers agree to be bound by these Terms and the decisions of the BounceU, which are final and binding in all matters relating to the use of Gift Certificate. BounceU may modify these Terms from time to time. In the event of such changes, BounceU may provide notice of such changes by posting the amended Terms on this site and updating the “Last Updated” date above. Unless expressly noted to the contrary, the amended Terms shall be effective immediately and shall apply to any use or purchase of Gift Certificates on or after the Last Up