MOM BOMB GIFT CARD TERMS & CONDITIONS
The following are the terms and conditions applicable to your Mom Bomb Gift Cards.
Gift Cards Redemption.
Mom Bomb Gift Cards are issued by Mom Bomb Inc. Purchases made with Mom Bomb Gift Cards must be of equal amount or higher than the Mom Bomb Gift Card amount. If a purchase is made that is lower than the Mom Bomb Gift Card amount, the remaining amount may no longer be redeemable. If a purchase exceeds your Mom Bomb Gift Card Value, the remaining amount must be paid with another payment method.
Mom Bomb Gift Cards may only be redeemed toward the purchase of eligible goods provided by Mom Bomb on www.buybombshelpmoms.com. Eligible goods are subject to change in our sole discretion. Redemption of Mom Bomb Gift Cards at any affiliated property is subject to change in our sole discretion. If you redeem a Mom Bomb Gift Card on www.buybombshelpmoms.com, it may only be used toward the purchase of eligible goods on www.buybombshelpmoms.com.
Your Mom Bomb Gift Card cannot be used to purchase other Gift Cards, prepaid open loop cards, or certain third-party gift cards. Gift Cards cannot be reloaded; resold; used for payment outside of or its affiliated properties; used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes, including to facilitate the resale or shipment of goods from Mom Bomb; redeemed for more than face value; transferred for value; redeemed for cash; returned for a cash refund (except to the extent required by law); or used in a manner otherwise prohibited by our Mom Bomb Gift Card. Restrictions and Prohibited Activities policy. No portion of your Mom Bomb Gift Card Balance may be transferred to another Mom Bomb account. Neither your Mom Bomb Balance nor Mom Bomb Gift Cards may be applied to the purchase of goods or services at any Mom Bomb affiliated entity or property outside of the United States.”
Risk of Loss.
The risk of loss and title for Mom Bomb Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Mom Bomb Gift Cards must be obtained from Mom Bomb or an authorized third party, and you are responsible for safeguarding your Mom Bomb Gift Card from unauthorized use. We are not responsible if any Mom Bomb Gift Card is lost, stolen, or destroyed, or if any Mom Bomb Gift Card is used without your permission. There are a variety of Gift Card scams that request payment by Gift Card.
Mom Bomb is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Mom Bomb Gift Card.
Use of Mom Bomb Gift Card in Violation of these Terms and Conditions.
By using a Mom Bomb Gift Card you agree to comply with these terms and conditions, and not to use a Mom Bomb Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to Mom Bomb, its affiliates, or its customers. We reserve the right, without notice to you, to void Mom Bomb Gift Cards (including as a component of your Mom Bomb Gift Card) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Mom Bomb Gift Card is obtained, used, or applied to a Mom Bomb account (or your Mom Bomb Gift Card is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
Limitation of Liability.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO MOM BOMB GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.
Any dispute or claim relating in any way to Mom Bomb Gift Cards will be resolved by binding arbitration, rather than in court. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location.
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.
The Mom Bomb Conditions of Use apply. No fees apply to Gift Cards. We reserve the right to require additional verification of your identity, Gift Card or account ownership, or provision of an additional payment instrument, before you are able to apply a Gift Card to your purchase. When you purchase, receive, or apply a Mom Bomb Gift Card to your account, or to a Mom Bomb purchase, you agree that that laws of the State of Alabama, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and Mom Bomb or any third-party contractor, and its affiliates related to your use of a Mom Bomb Gift Card. We reserve the right to change these terms and conditions without notice, from time to time at our sole discretion. 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.
Mom Bomb Gift Card Expiration.
Mom Bomb Gift Cards do not expire and and may be applied to your Mom Bomb purchases.