PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. REFERENCES TO "ULTIMATE CHOICE, INC.”, “UCI” AND "US" WITHIN THESE TERMS AND CONDITIONS INCLUDE OUR RESPECTIVE AGENTS, EMPLOYEES, PREDECESSORS IN INTEREST, SUCCESSORS, AND ASSIGNS, AS WELL AS ALL AUTHORIZED OR UNAUTHORIZED USERS OR BENEFICIARIES OF SERVICES UNDER THIS OR PRIOR AGREEMENTS BETWEEN US.
PRODUCT FEATURES AND TERMS
UCI is in the business of selling codes conveyed by cards, certificates and electronically, which are redeemable via mail or on a website operated by UCI for store branded gift cards issued by merchants based in the United States. The codes, checks, and other products sold by UCI are sold under a variety of names including, for example, Gift of Choice and Award of Choice. All transactions are in US dollars. Any shipments to international destinations cannot be accepted.
UCI award media may be redeemed online at the applicable UCI website or by mail (at UCI Inc., 245 West Roosevelt Road, Building 9 – Unit 61, West Chicago, IL, 60185), for branded gift cards and certificates of participating branded gift card merchants.
Gift cards and certificates of a specific merchant may be redeemed at the business locations or websites operated by that specific branded gift card merchant, and will be subject to the terms and conditions imposed by that merchant. Participating branded gift card merchants, denominations of branded gift cards and certificates, and branded gift card merchant locations and URLs are all subject to change. UCI gift codes are redeemable for select branded gift cards and certificates only, are not redeemable for cash, are not valid for prior purchases, may not be returned, credited or exchanged, and may not be used on the website, catalogs or in the stores of our participating branded gift card merchants prior to redemption with UCI for a particular merchant’s gift card.
Any issues pertaining to UCI gift codes purchased through third parties (not via an UCI controlled website) must be handled via the location of sale.
UCI does not assume any responsibility or liability for the actions, products, locations, or contents of any branded gift card merchant. The list of available branded gift card merchant when redeeming your UCI gift code may differ than those branded gift card merchants listed on the general websites of UCI depending on the nature of the program.
Redemption of branded gift cards issued by merchants are subject to the limitations and rules set by those respective branded gift card merchants, and such branded gift card merchants gift cards or certificates may not be available for use and redemption by individuals located outside the United States.
Your redemption order cannot exceed the value of your UCI gift code unless specifically authorized as a result of a special offer being made available for a limited time to UCI product holders.
Orders and redemptions on all UCI owned or operated websites are subject to UCI 's Terms and Conditions and Security and Privacy Policies.
LIMITATION AND DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You agree that, in the event of any loss of or damage to a purchased or activated UCI gift code or any other UCI product, regardless of fault, our sole obligation to you and your sole remedy are those obligations and remedies set forth below in the section entitled "Shipping: Notification of Lost Shipments.”
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED.
THE TOTAL LIABILITY OF UCI FOR ALL DAMAGES PURSUANT TO THE AGREEMENT OR OTHERWISE ARISING IN CONNECTION WITH THE AGREEMENT, SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO UCI. IN NO EVENT SHALL UCI BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR ON ANY THEORY OF LIABILITY.
APPLICABLE LAW, LIMITATIONS, JURISDICTION
You agree that your purchase or activation of a UCI gift Code by you and any claims or rights resulting from the issuance of the UCI gift code are to be governed by the laws of the State of Illinois, without regard to the conflicts of laws principles thereof, with respect to all matters including, without limitation, the laws relating to contract disputes and unclaimed property. You further agree to submit to the exclusive personal jurisdiction and venue of the Circuit Court of Du Page County, Illinois with respect to any disputes regarding the scope or enforceability of the arbitration agreement between you and UCI, which is described in the following section.
AGREEMENT TO ARBITRATE DISPUTES
(1) You agree to arbitrate all disputes and claims with UCI. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.
References to "UCI," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior Agreements between us. You agree that, by entering into this Agreement, you and UCI are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to UCI Inc. should be addressed to: 245 West Roosevelt Road, Building 9 – Unit 61, West Chicago, IL, 60185 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If UCI and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or UCI may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by UCI Inc. or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or UCI is entitled.
(3) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless UCI and you agree otherwise, any arbitration hearings will take place in Chicago, Illinois. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, UCI will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse UCI for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $10,000 in damages, the payment of these fees will be governed by the AAA rules.
(4) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND UCI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and UCI agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(5) Notwithstanding any provision in this Agreement to the contrary, we agree that if UCI makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
(6) Any claim brought by you against UCI with respect to anything related to i) your use of this website, ii) your purchase or activation of the UCI gift code, or iii) any other business transacted with UCI, must be brought, if at all, within one (1) year from the date the cause of action accrued, and no later than two years after you acquired the UCI gift code.
UCI Gift Codes and Instant UCI Gift Codes do not have expiration dates.
The company reserves the right to accept or reject any order that it receives in its sole discretion.
SHIPPING: NOTIFICATION OF LOST SHIPMENTS
Physical orders can only be shipped to addresses within the United States.
Express deliveries, if applicable, cannot be sent to a P.O. Box, A.P.O. or F.P.O.
If physical branded gift cards or certificates are shipped directly to you, you must promptly notify [email protected] of (a) any discrepancy in the order; or (b) your non-receipt of shipment. Upon receipt of such notification, UCI will investigate, and may, in its sole discretion (i) correct such discrepancies; or (ii) cancel and replace any non-received shipment. If UCI does not receive notification from you, or the intended recipient, within 20 days of the shipment date, the shipment will be deemed to be satisfactory received and accepted by you. UCI is not responsible if a UCI gift code recipient or customer defaces, damages or otherwise renders unsuitable for redemption the gift code, a branded gift card or a certificate that is issued by a third party merchant. UCI is also not responsible for any product not delivered as a result of customer error including, without limitation, the entry of a wrong address, or missing information in an address such as, for example, an apartment number. Additionally, UCI is also not responsible for delivery errors made by USPS/FedEx/UPS. You bear the ultimate risk of a third party store branded gift card being lost or stolen in the mail. It is UCI’s policy to not replace third party store branded gift cards that are lost or stolen in the mail. If your order is returned to UCI for any reason, by the USPS/FedEx/UPS, UCI will contact you for reshipping instructions.