GIFT CARD TERMS AND CONDITIONS
Your purchase, receipt, and/or use of Larimar Wellness Center Inc. gift cards constitutes your agreement to be bound by these terms and conditions, the website terms of use and the privacy policy .
Note: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS. THE ARBITRATION PROVISION REQUIRES THAT ALL DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
USE AND REDEMPTION OF GIFT CARDS
Larimar Wellness Center Inc. gift cards are redeemable for services and products at our office or online.
Larimar Wellness Center Inc. gift cards may not be used at Larimar Wellness Center Inc., at larimarwellnesscenter.com, for the purchase of gift cards or redeemed for cash unless otherwise required by applicable law.
BALANCE INQUIRIES
To check your Larimar Wellness Center Inc. gift card balance, go to larimarwellnesscenter.com, or call 1.877.415.1157.
EXPIRATION
Larimar Wellness Center Inc. gift cards do not expire.
FEES
There are no fees associated with Larimar Wellness Center Inc. gift cards.
LOST OR STOLEN CARDS
If your gift card is lost, or stolen or compromised, it will not be replaced without the original sales receipt. Replacement value will be the value of the gift card at the time loss or theft reported. We are not responsible if your gift card is used without your permission.
ARBITRATION
Any Dispute between you and Larimar Wellness Center Inc. shall be resolved through individual arbitration.
- The term “Dispute” shall be interpreted as broadly as permitted under the law and shall cover any claim or controversy, related to us or our relationship including but not limited to, any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, misrepresentation, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these or any prior terms and conditions; (3) claims that arise after the termination of these terms and conditions; and (4) claims that are the subject of purported class action litigation. Notwithstanding the forgoing, either you, Larimar Wellness Center Inc. may elect to have a Dispute heard (1) in small claims court on an individual basis if the amount in controversy is properly within the jurisdiction of an appropriate small claims court. or (2) in a court of competent jurisdiction to seek to enjoin infringement or other misuse of intellectual property rights.
- The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website ( www.adr.org ) or calling its toll free number ( 1-800-778-7879 ). You may deliver any required or desired notice to us by mail to Larimar Wellness Center Inc. 4940 Van Nuys Blvd. Suite 306. Sherman Oaks, Ca, 91403.
- This arbitration provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify us about your Dispute. You can obtain the AAA Rules from the AAA by visiting its website ( www.adr.org ) or calling its toll free number ( 1-800-778-7879 ). If there is a conflict between this arbitration provision and the AAA rules, this arbitration provision shall govern. If the AAA will not administer a proceeding under this arbitration provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this arbitration provision as written applying the AAA Consumer Arbitration Rules. A single arbitrator will resolve the Dispute. Unless you and we agree otherwise, any arbitration hearing will take place at a location convenient to you. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
- Payment of filing and other fees shall be governed by the AAA’s Consumer Arbitration Rules. For purposes of determining whether a claim or counterclaim was filed for purposes of harassment or is patently frivolous, the arbitrator may consider whether a party had previously offered full relief to the other party, including, but not limited to, a full refund of the sum paid for items purchased.
- THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER Larimar Wellness Center Inc. CUSTOMERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED, THEN THE PARTIES AGREE THAT THIS ARBITRATION PROVISION SHALL SURVIVE AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.
- If for any reason a claim may proceed in court rather than in arbitration, the parties waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
- This arbitration provision shall survive any termination of these terms and conditions and your relationship with us. Any amendments to this arbitration provision shall be prospective only and shall not affect any pending claim or arbitration proceeding.
APPLICABLE LAW
The law applicable to the interpretation and construction of these terms in any arbitration, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of California, USA, without regard to principles of conflict of laws . If any Dispute is found not to be arbitrable, then ordinary choice of law rules will apply in any court proceeding in which the matter is adjudicated.
LIMITATION OF LIABILITY
GIFT CARDS ARE PROVIDED ON AN “AS IS” BASIS, AND LARIMAR WELLNESS CENTER INC. DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THEIR RESPECTIVE AFFILIATES AND AGENTS DO NOT REPRESENT OR WARRANT THAT YOUR GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. LARIMAR WELLNESS CENTER INC., AND THEIR RESPECTIVE AFFILIATES AND AGENTS 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 OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE GIFT CARDS OR THEIR USE. IN THE EVENT THAT LARIMAR WELLNESS CENTER INC. OR ITS AFFILIATES OR AGENTS ARE FOUND LIABLE TO YOU, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD. THE FOREGOING LIMITATIONS OF LIABILITY ARE ENFORCEABLE IN NEW JERSEY TO THE FULLEST EXTENT PERMITTED BY LAW BUT MAY NOT APPLY IN OTHER STATES TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
REVISIONS TO THESE TERMS
We may update or revise these terms and conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current terms and conditions because they are binding on you to the fullest extent permissible by applicable law. We reserve the right to make changes to these terms and conditions at any time and will provide notice of such changes if or as required by law. If any of these terms shall be deemed invalid, void or unenforceable, it shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.