Gift Cards Terms and Conditions

1) Redemption:

Gift Cards may only be redeemed toward the purchase of eligible goods and services on Liftopia’s website located at www.liftopia.com, through Liftopia mobile apps, or Liftopia Customer Support. Trip insurance is ineligible for gift card redemption.

Purchases are deducted from the Gift Card balance. Any unused balance will be placed in the recipient’s Gift Card account when redeemed. If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other available payment method. To view Gift Card balances, visit My Account on www.liftopia.com, on Liftopia mobile apps, or contact Liftopia Customer Support.

2) Limitations:

Gift Cards and any unused balance cannot be returned, reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Unused Gift Card balances in a Liftopia account may not be transferred or used towards the purchase of a Liftopia Gift Card. Promotional Gift Credit may not be used towards the purchase of a Liftopia Gift Card.

3) General Terms:

Liftopia Gift Cards are issued by Liftopia, Inc., a California Corporation, and their use and redemption are subject to Liftopia’s general Terms of Use and Privacy Policy. When you purchase, receive, or redeem a Gift Card, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these terms and conditions. Liftopia reserves 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.

4) Risk of Loss:

The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. Liftopia is not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. The value of any lost, damaged or stolen Cards will not be replaced.

5) Fraud:

Liftopia.com will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on the Liftopia.com web site.

6) Expiration:

Liftopia Gift Cards that have been purchased have no expiration date. From time-to-time, Liftopia may offer free-of-charge Promotional Gift Credit that does include an expiration date.

Limitation of Liability

TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.

Disputes

MANDATORY BINDING INDIVIDUAL ARBITRATION

Any dispute or claim relating in any way to Gift Cards 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.

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.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.

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.

This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Liftopia both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.