Box Credit Redemption Terms
1. Offer. You agree that one prepaid Must Have quarterly subscription box credit (equivalent to $75 cash value) ("Must Have Credit") will be deducted from your Must Have account and used for a voucher code ("Voucher Code") redeemable with Zoe Media Group, LLC or its affiliates ("Curateur") for a Rachel Zoe quarterly CURATEUR box. The Voucher Code will be issued in lieu of a refund for the amount paid toward one quarterly Must Have Box, and you agree that you are purchasing said Voucher Code using funds already charged by POPSUGAR from your earlier purchase of the Must Have Credit.
3. Roles and Responsibilities; No Warranties. Curateur is the sole issuer of the Voucher Code, and Group Nine is not responsible for its redemption or for Curateur's goods or services (or failure to provide the same), or for any costs, damages, accident, delay, injury, loss, expense, or inconvenience that may arise in connection with the Voucher Code or Curateur's goods or services. Group Nine is not a party to any transaction that Curateur and you may enter into as a result of your use of any Voucher Code. Group Nine does not make any warranty in relation to the Voucher Code or Curateur's goods or services, including without limitation their validity or value, and Group Nine expressly disclaims any responsibility or liability for injury, damage, or loss arising from or related to your use, non-use, or attempted use of a Voucher Code or Curateur's goods or services. You agree that any claims, causes of action or disputes arising from the use, redemption, or attempted use or redemption of the Voucher Code, against Curateur, and not Group Nine.
4. Release and Waiver of Liability:
a. To the maximum extent permitted under applicable law, you agree to release, defend, indemnify and hold harmless Group Nine and its subsidiaries and payment processor(s), and each of their directors, officers, employees, representatives and agents (collectively "Released Parties") from any and all claims or liability of any kind related to this offer, the Must Have Credit or your account, and/or any product or service of Curateur, any action or inaction by Curateur, including Curateur's failure to comply with applicable law and/or failure to redeem the Voucher Code.
b. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THIS OFFER OR THE VOUCHER CODE. IN NO EVENT SHALL YOU BE ENTITLED TO DAMAGES IN ANY FORM IN EXCESS OF SEVENTY FIVE U.S. DOLLARS ($75 USD) IN CONNECTION WITH THIS OFFER OR THE VOUCHER CODE.
c. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
5. General Terms.
a. This offer is subject to change or cancellation at any time for any reason. Group Nine reserves the right to revoke the offer or to cancel any order placed for the Offer. Offer is void where prohibited by law.
b. You are responsible for ensuring the security of your Voucher Code number one issued, and Neither Group Nine nor Curateur is responsible for lost or stolen Voucher Codes.
c. Voucher Codes cannot be combined with any other vouchers, coupons, promotions, or offers unless otherwise specified by Curateur. You may be required to have or create an account with Curateur in order to redeem the Voucher Code.
d. The Voucher Code has no cash value once issued, cannot be transferred and cannot be forwarded. However, to the extent required by applicable law, Curateur is responsible for permitting redemption of the Voucher Code for at least the amount paid. The "amount paid" is the amount you previously paid toward one Must Have Credit and the "promotional value" is the additional value of the Voucher Code beyond what you paid for the Must Have Credit.
e. Any expiration dates or "redeem-by" dates stated in the offer description applies only to the promotional value of the Voucher Code.
f. In the event a Voucher Code is non-functional, your sole remedy, and Group Nine's sole liability, shall be the replacement of such Voucher Code. In no event will you be entitled to receive more than the amount that you actually paid toward the Must Have Credit.