1. Promotional Gift Cards; Redemption.
Bravia Dermatology Group, LLC (“Bravia Dermatology”) promotional gift cards are issued by Bravia Dermatology and printed on thick paper or card stock (“Promotional Gift Cards”). Promotional Gift Cards may only be applied toward the purchase of cosmetic dermatology services (i.e. Laser Resurfacing, Laser treatments, Dermal Fillers, neuromodulators like Botox, Facials, chemical peels, etc.) at Bravia Dermatology in an amount greater than or equal to 1.5X the card's printed redemption amount. Promotional Gift Cards may not be combined with any other offers or discounts. For the avoidance of doubt, Promotional Gift Cards may NOT be used toward cosmetic consultation fees, retail products, or patient responsibilities determined by their insurance carrier(s) (i.e. Promotional Gift Cards may NOT be used toward copays, remaining deductibles, co-insurance, or patient responsibility balances for medical/surgical care).
Your Promotional Gift Card Balance cannot be used to purchase other Gift Cards. Promotional Gift Cards cannot be returned, refunded, resold, transferred for value or redeemed for cash, except to the extent required by law.
3. Risk of Loss.
We are not responsible if any Promotional Gift Card is lost, stolen, or destroyed, or if your Promotional Gift Card is used without your permission.
4. Use of any Promotional Gift Card in Violation of these Terms and Conditions.
We reserve the right to void Promotional Gift Cards (including as a component of your Promotional Gift Card Balance), close customer accounts, and bill alternative forms of payment if we suspect that a Promotional Gift Card is obtained, used, or applied 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 PROMOTIONAL GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A PROMOTIONAL GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT PROMOTIONAL GIFT 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, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to Promotional 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.
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.
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. 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 Promotional Gift Cards. When you purchase, receive, or apply a Promotional Gift Card to your account, you agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and Square, Inc. and its affiliates related to your use of a Promotional Gift Card. 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. Cash value: $0.001.