Terms and Conditions for Gift Cards and Store Merchandise Credits

Last Updated: August 7, 2024

The following Terms and Conditions (the “Agreement”) describe the terms and conditions that apply to the use of NÜÜB Co. Gift Cards, NÜÜB Co. Merchandise Credits and NÜÜB Co. Store Merchandise Credits that are sold or issued in the United States as described herein (collectively, “Cards”). This Agreement is between you, the holder of a Card (the “Cardholder”), and NÜÜB Co. Gift Card Services, Inc. (the “Issuer”). By purchasing, accepting or using your Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept the Card.

IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of in court and a class action waiver.

About the Cards. The Cards are issued by the Issuer. The Issuer is responsible for the operation and maintenance of the Cards program. The Issuer is the sole legal obligor to the Cardholders; provided, however, that the Issuer may assign its obligations with respect to the Cards at any time, in which case such assignee shall become the Issuer and sole legal obligor to the Cardholders. NÜÜB Co. (the “NÜÜB Co.”) and its affiliates (other than the Issuer) bear no responsibility or liability for the Cards, and you hereby knowingly release NÜÜB Co. and its affiliates (other than the Issuer) from any and all liabilities and claims of any nature whatsoever arising in connection with the Cards. The Cards are denominated in U.S. Dollars. The Cards are neither debit cards nor credit cards.
Issuance and Redemption of the Cards.
1. NÜÜB Co. Gift Cards. NÜÜB Co. Gift Cards may be purchased (i) at www.nuubco.com. NÜÜB Co. Gift Cards are not valid if purchased from any other seller. NÜÜB Co. Gift Cards are redeemable only (1) for purchases of goods and services (A) at www.nuubco.com, and (2) for Gift Card Credits which can be applied toward U.S. monthly subscriptions purchased directly from www.nuubco.com.
  
  If a Cardholder uses a NÜÜB Co. Gift Card for a transaction at NÜÜB Co. Any remaining balance on the Cardholder’s NÜÜB Co. Gift Card will continue to be denominated in U.S. Dollars. Currency conversions are based on currency exchange rates applicable on the date of the applicable transaction, and no fees are charged for the currency conversion.
  
  Redemption of NÜÜB Co. Gift Cards for the NÜÜB Co. Product Subscription Service
  
  Any new eligible subscriber to a NÜÜB Co. Product subscription (such subscriber, the “New NÜÜB Co. Redeemer”) may redeem a Gift Card. Any existing eligible subscriber to a NÜÜB Co. Product subscription (such subscriber, the “Existing NÜÜB Co. Redeemer”) may redeem a Gift Card by logging on to their NÜÜB Co. account and adding the Gift Card as a method of payment. The New or Existing NÜÜB Co. Redeemer (the “NÜÜB Co. Redeemer”) must register for a NÜÜB Co. account (the “NÜÜB Co. Account”) or log in to an existing one in order to obtain the NÜÜB Co. Product subscription. “Eligible subscriber” means any individual resident of the United States or any U.S. territory, aged 18 or older (or the age of majority in your state or territory of residence), who has either a current Monthly Subscription (defined below) or no current NÜÜB Co. Product subscription, as defined in the Subscriber Agreement. Use of a NÜÜB Co. Product subscription is subject to compliance with the Subscriber Agreement (the “Subscriber Agreement”) and acknowledgement of the NÜÜB Co. Privacy Policy. By using a NÜÜB Co. Product subscription, the NÜÜB Co. Redeemer accepts and agrees to the Subscriber Agreement and acknowledges the NÜÜB Co. Privacy Policy, both of which are incorporated by reference herein.
  
  If a Cardholder redeems a NÜÜB Co. Gift Card for a NÜÜB Co. Product subscription, the Cardholder will be asked to select how much of the available NÜÜB Co. Gift Card balance shall be redeemed. Upon redemption, the Cardholder will receive a Gift Card Credit equal to the value selected by the Cardholder. The Cardholder’s Gift Card will be redeemed for the value selected by the Cardholder immediately upon conversion to Gift Card Credit. The Gift Card Credit may be applied only toward a monthly subscription to a NÜÜB Co. Product (the “Monthly Subscription“); provided, however, that Issuer may agree to permit the Gift Card Credits to be redeemable for other NÜÜB Co. Product services in the future, in its sole and absolute discretion. In the event a NÜÜB Co. Redeemer chooses to purchase services other than a Monthly Subscription, a valid credit card or other valid payment method accepted by NÜÜB Co. (the “Payment Method“) will be required in order to complete the purchase. At the beginning of each monthly subscription billing term (the first date of such billing term, the “Billing Date”), the Gift Card Credit will be debited the price of the Monthly Subscription as of the Billing Date, in addition to any applicable taxes and fees until the Gift Card Credit is fully exhausted. In the event that the remaining Gift Card Credit on the Billing Date is insufficient to cover the cost of the full monthly subscription billing term, the NÜÜB Co. Redeemer will receive access to a NÜÜB Co. Product for a pro rata portion of the month based on the price of the monthly subscription on the Billing Date.
  
  Once the Gift Card Credit has been reduced to zero, the NÜÜB Co. Redeemer will lose access to the Monthly Subscription and the NÜÜB Co. Redeemer’s subscription will be terminated, unless the NÜÜB Co. Redeemer provides or has previously provided a Payment Method. If provided, NÜÜB Co. Redeemer’s Payment Method will be charged the then-current price of the Monthly Subscription on a recurring basis for continued access to the Monthly Subscription (including applicable taxes and fees) after the Gift Card Credit is fully exhausted. If the NÜÜB Co. Redeemer has elected to cancel the NÜÜB Co. Redeemer’s subscription before the Gift Card Credit is fully exhausted, the NÜÜB Co. Redeemer’s Payment Method will not be charged for such subscription and cancellation shall become effective when the Gift Card Credit is fully exhausted. A NÜÜB Co. Redeemer may change Payment Method information or cancel a subscription by logging into NÜÜB Co. Gift Card Credits are not refundable or redeemable for cash and cannot be transferred back to the NÜÜB Co. Gift Card redeemed for such Gift Card Credits.
2. NÜÜB Co. Store Merchandise Credits. NÜÜB Co. Store Merchandise Credits are given (i) in exchange for (A) merchandise returned to www.nuubco.com without a receipt, (B) merchandise returned to www.nuubco.com with a gift receipt, or (C) merchandise returned to www.nuubco.com more than 30 days after the date of purchase, or (ii) under such other circumstances determined by the Issuer. NÜÜB Co. Store Merchandise Credits only may be redeemed for merchandise from www.nuubco.com.
No Cash Redemption. The Cards have no cash value and may not be redeemed for cash except as required by applicable law.
Activation. A Card is not valid for use until it has been activated.
Non-Payment. The Issuer reserves the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check or other failure of consideration.
Maximum Card Balance. The maximum load, reload and total balance of any Card is $1,000.
Card Balance Inquiry. For Card balance inquiries, please contact us. The balance obtained by a Cardholder when inquiring online is an estimate only. In most cases, the balance is adjusted immediately when a Cardholder makes a purchase, but there may be occasions when the balance adjustment is delayed.
No Expiration; No Fees. The Cards do not expire. No inactivity or service fees apply to any Card.
Reloadable. NÜÜB Co. Gift Cards may be reloaded with value.
Refunds and Returns. The Cards are not refundable except as required by applicable law. Products and services purchased using a Card will be subject to the return policy of the applicable location of purchase.
No Resale. The Cards may not be resold without the Issuer’s express written authorization. A Card is not valid and will not be honored, and the Issuer will not be liable for the value of the Card, if the Card is obtained from an unauthorized seller or reseller, including through any internet auction site.
Lost, Damaged or Stolen Cards. A lost, damaged or stolen Card may be replaced only if the Cardholder provides the original proof of purchase receipt and the complete Card number. To request a replacement Card, please contact us. The Issuer is not responsible for unauthorized use of any Card.
Fraud. The Issuer reserves the right to refuse to honor a Card if the Issuer suspects that the Card was obtained fraudulently.
BINDING ARBITRATION AND CLASS ACTION WAIVER. Please read this section carefully. It affects legal rights that you may otherwise have and requires individual, final and binding arbitration of most disputes instead of resolution in court. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” During an arbitration, each party has an opportunity to present evidence to the arbitrator in writing or through witnesses, but arbitration provides for more limited discovery than in court, and the arbitrator’s award is subject to limited review by the courts. An arbitrator may award only the same damages and relief that a court could award under the law and must honor the terms and conditions of this Agreement. You and the Issuer agree that any dispute, claim or controversy, whether at law or equity, arising out of or relating to your use of the Card or this Agreement, including but not limited to the interpretation, applicability or enforceability of these terms or the formation of this Agreement, or the arbitrability of any dispute (the “Dispute”), shall be resolved in its entirety by individual binding arbitration. You and the Issuer agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted. You and the Issuer agree that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and the Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages. If it is decided that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) shall be severed from the arbitration and may be brought in court. This agreement to arbitrate shall survive termination of this Agreement and extends to any Disputes that you may assert against the Issuer’s affiliates. This Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. PROCEDURES FOR ASSERTING A CLAIM. In the event of a Dispute, you or the Issuer must first send to the other party a Notice of Dispute, that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute here. Any Notice of Dispute will be sent to you at the contact address that the Issuer or its affiliate has for you. You and the Issuer will attempt to resolve a Dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or the Issuer may commence arbitration or proceed in small claims court. You may instead litigate a Dispute in small claims court if the Dispute meets the requirements to be heard in small claims court. If you and the Issuer do not resolve a Dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. The arbitration shall be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures, effective July 1, 2014 (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at www.jamsadr.com or 1-800-352-5267. To begin an arbitration proceeding, you must serve the Issuer’s registered agent for service of process, here. Arbitration may be conducted in person, through the submission of documents or via telephone, to the extent permitted by the arbitrator and the JAMS Rules. Proceedings that cannot be conducted through the submission of documents or by phone will take place in Boston, Massachusetts. You and the Issuer agree to submit to the exclusive jurisdiction of the federal or state courts located in Boston, Massachusetts, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In accordance with the JAMS Rules, the party initiating arbitration is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of the Issuer’s last written settlement offer; or (b) if the Issuer did not make a settlement offer, then, in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, the Issuer will reimburse you for the filing fees you incurred. Reasonable attorneys’ fees and expenses will be awarded only to the extent such an award is available under applicable law. Nothing herein shall be construed as consent by the Issuer or any of its affiliated entities to the jurisdiction of any court with regard to disputes, claims or controversies unrelated to the use of your Card or this Agreement.
Limitation of Liability. THE ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND THE SOLE LIABILITY OF THE ISSUER AND ITS AFFILIATES, SHALL BE THE REPLACEMENT OF SUCH 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.
Governing Law. The laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, shall govern this Agreement and the use of your Card.
Severance. Notwithstanding anything herein to the contrary, if any part of this Agreement is deemed invalid or inapplicable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal and enforceable. If such provision cannot be so modified or restricted, it shall be excised from this Agreement without affecting the validity, legality or enforceability of the remainder of this Agreement, which shall be fully enforced.
Changes to Agreement. The Issuer reserves the right to modify, alter, change or amend this Agreement from time to time in its discretion without advance notice. The current version of this Agreement is available at www.nuubco.com.