Gift Certificate Terms & Conditions
Your use or purchase of a Nexis Response Gift Certificate at www.nexisprep.com indicates your acceptance of these Terms and Conditions. Except as otherwise provided by law, these Terms and Conditions apply to all Gift Certificates, whether purchased online or purchased from associated affiliates.
1. Gift Certificates; Nexis Response Balance; Redemption.
Nexis Response Gift Certificates are issued by Nexis Emergency Solutions, Inc., a Washington limited liability company. Your Nexis Response gift certificate balance displays the total remaining balance of all Gift Certificates that have purchased but have not yet been redeemed. To get your Nexis Response gift certificate balance, email email@example.com to request your balance and it will be emailed to you. Purchases are deducted from your Nexis Response Gift Certificate balance. Any unused Nexis Response balance will remain associated with your Nexis Response gift certificate number. If a purchase exceeds your Nexis Response balance, the remaining amount must be paid with another payment method. Gift Certificates may only be redeemed toward the purchase of eligible goods and services provided by Nexis Response at www.nexisprep.com. Gift Certificates will not be redeemed if the Certificate number is invalid or cannot be identified within Nexis Response systems. We reserve the right to restrict the redemption of more than $1,000 in Gift Certificate balances by one person in any 30-day period.
In the event that the Gift Certificate system may become temporarily inoperative, you may be unable to obtain information about the balance on your Gift Certificate and Gift Certificate transactions, or use your Gift Certificate to pay for purchases. Please notify us if you have any problems using your Gift Certificate. You agree that none of Nexis Response, Nexis Emergency Solutions, Inc., The Mead Group Inc. and any of their affiliates is responsible for any interruption of service or the quality, safety, legality, or any other aspect of any goods or services purchased by you with your Gift Certificate.
Your Nexis Response balance cannot be used to purchase other Gift Certificates. Gift Certificates cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. No portion of your Nexis Response Balance may be transferred to another Nexis Response account.
3. Risk of Loss.
The risk of loss and title for Gift Certificates pass to the purchaser upon our electronic transmission of the Gift Certificates to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Gift Certificates that are lost or stolen or used without your permission will ONLY be replaced, up to the value remaining, with satisfactory proof of purchase AND the Gift Certificate number.
4. Use of Nexis Response Balance or any Gift Certificates in Violation of these Terms and Conditions.
We reserve the right to void Gift Certificates (including as a component of your Nexis Response balance), close customer accounts, and bill alternative forms of payment if we suspect that a Gift Certificate is obtained, used, or applied to your Nexis Response balance from 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 GIFT CERTIFICATES OR YOUR NEXIS RESPONSE BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CERTIFICATES. 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 Gift Certificates 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.
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: Nexis Emergency Solutions, Inc. 2001 6th Avenue, 18th Floor, Seattle WA. 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 to 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.
7. General Terms.
No fees apply to Gift Certificates. When you purchase, receive, or apply a Gift Certificate to a purchase, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and Nexis Emergency Solutions, Inc. related to your use of a Gift Certificate or your Nexis Response Balance. We reserve the right to change these terms and conditions from time to time in our 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. Nexis Response reserves the right to hold any order for a security review. If your order is affected, you will be notified via email within three (3) business days. Nexis Response may assign this agreement at any time without notice.
8. Nexis Response Balance Expiration.
Nexis Response Gift Certificates and any associated balance does not expire, to the extent prohibited or limited by law, and may be applied to eligible purchases.
© Nexis Emergency Solutions, Inc. 2006-2017