Ann Lyle Photography Gift Card Terms & Conditions:
1 Redemption. Ann Lyle Photography Gift Cards ("Gift Cards") may only be redeemed toward the purchase of eligible goods and services provided by Ann Lyle Photography. Purchases are deducted from your Ann Lyle Photography Balance. Any unused Ann Lyle Photography Balance will remain associated with your Ann Lyle Photography account. If a purchase exceeds your Ann Lyle Photography Balance, the remaining amount must be paid with another payment method. No fees apply to Gift Cards.
2 Limitations. Neither your Ann Lyle Photography Balance nor your Gift Cards may be applied to the purchase of products at any website other than the website(s) listed in Section 1 above. Your Ann Lyle Photography Balance cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law.
3 Risk of Loss. The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Card is lost, stolen or destroyed or your Ann Lyle Photography Balance or any Gift Card is used without your permission.
4 Use of Ann Lyle Photography Balance or any Gift Card in Violation of these Terms and Conditions. We reserve the right to void Gift Cards or any other component of your Ann Lyle Photography Balance, close customer accounts and bill alternative forms of payment if we suspect that a Gift Card is obtained, used or applied to an Ann Lyle Photography account (or your Ann Lyle Photography Balance is applied to 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 CARDS OR YOUR Ann Lyle Photography BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT 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.
6 Disputes. Any dispute or claim relating in any way to Gift Cards or your Ann Lyle Photography Balance 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.
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. When you purchase, receive or apply a Gift Card to your account or your Ann Lyle Photography Balance to a purchase, you agree that the laws of the State of Massachusetts, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise related to your use of a Gift Card or your Ann Lyle Photography 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.
8 Ann Lyle Photography Balance Expiration. The portion of your Ann Lyle Photography Balance made up of Gift Cards issued after October 1, 2005 does not expire and may be applied to your Ann Lyle Photography account and applied to eligible purchases despite any stated expiration date. Expiration dates also do not apply for the portion of your Ann Lyle Photography Balance made up of any Gift Cards issued prior to October 1, 2005 in CA, CT, LA, ME, MD, MA, MT, NH, ND, OK, RI, VT, WA, or in any other jurisdiction solely to the extent prohibited or limited by law.