Gift Card General Terms
December 1, 2022
IMPORTANT: THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND SERA LABS ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
Nonreturnable; not for resale.
Notwithstanding anything contained in these Terms and Conditions, Sera Labs eGift Cards are not returnable or refundable for cash except in states where required by law. Resale of Sera Labs Gift Cards is strictly prohibited.
The balance on any Gift Card is solely the liability of The Sera Labs, Inc.
Unless other restrictions apply, Sera Labs Gift Cards may only be used at seralabshealth.com.
Not for promotional use.
Sera Labs Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts). If you are ordering more than 750 cards, please email giftcards@Sera Labs.com, or call us at xxxxxxxxxx, Monday-Friday, xxxxxx – xxxxxx p.m (PST).
No affiliation with Sera Labs.
Use of Sera Labs’s name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Sera Labs Gift Cards is strictly prohibited. Furthermore, the use of Sera Labs Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Sera Labs or any of its subsidiaries or affiliates is prohibited.
Compliance with laws.
By purchasing Sera Labs Gift Cards, you are certifying and representing to Sera Labs that the activities in connection with which the Sera Labs Gift Cards will comply with these Terms and Conditions and all applicable laws, rules and regulations, and that the Sera Labs Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Sera Labs. In addition, you agree to defend and indemnify Sera Labs and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Sera Labs Gift Cards or violation of any of these Terms and Conditions. Customers in Puerto Rico authorize Sera Labs, strictly as required by law in cases of possible financial exploitation, to share personal information such as name, address, and transaction information with applicable government agencies pursuant to Regulation #9368.
Lost or Stolen Gift Card.
Lost or stolen cards will not be replaced. Sera Labs shall have liability to you for (i) lost or stolen Sera Labs Gift Cards or (ii) use of any Sera Labs Gift Cards by third parties through your Sera Labs.com account. You are solely responsible for keeping the password for your Sera Labs.com account safe and for any activity conducted under your account.
Saving Sera Labs Gift Card Information and Viewing Balance Terms and Conditions
Saving Sera Labs Gift Card Information.
Only five Sera Labs Gift Cards can be saved to your account at any given time. Sera Labs Gift Cards you have NOT saved may be used, but you will be required to enter the Sera Labs Gift Card number and PIN at the time of purchase.
No Consolidation for New Sera Labs Gift Card.
You may not consolidate or combine multiple Sera Labs Gift Cards to purchase a new Sera Labs Gift Card. Sera Labs does not consolidate or combine multiple gift cards into one gift card per customer requests.
Saving Sera Labs Gift Card Information Does Not Redeem Card.
Saving Sera Labs Gift Card information to your account does not redeem the value of the Sera Labs Gift Card. Saving the information makes the Sera Labs Gift Card available for selection without entering the Sera Labs Gift Card number and PIN at the time of a purchase. It also allows you to more quickly check the available balance on the Sera Labs Gift Card.
Sera Labs Gift Card Balance is an Estimate.
The balance you see when viewing Sera Labs Gift Card balances online or receive by calling xxxxxxxxxx is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online or in stores, but there may be occasions when the updated balance is delayed for a period of time. You can also view the Sera Labs Gift Card’s transaction history to see if all the transactions for the Sera Labs Gift Card are listed.
Sera Labs Gift Cards Do Not Expire.
Sera Labs gift cards never expire.
Disputes & Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This arbitration provision provides that you and Sera Labs waive any right to file a lawsuit in court or participate in a class action for matters within its terms.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND SERA LABS (INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY SERA LABS), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL, SINGLE ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT SERA LABS AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. DISPUTE SHALL BE INTERPRETED AS BROADLY AS PERMITTED UNDER THE LAW AND SHALL COVER ANY CLAIMS THAT AROSE BEFORE THESE OR ANY PRIOR TERMS AND CONDITIONS. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; AS SET FORTH BELOW, CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at https://www.jamsadr.com/rules-streamlined-arbitration/. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to you. The arbitrator will follow these Terms and Conditions and his or her award will be final and binding. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SERA LABS CUSTOMERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY ON FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. 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. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED, THEN THE PARTIES AGREE THAT THIS ARBITRATION PROVISION SHALL SURVIVE AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.
This arbitration provision shall survive any termination of these Terms and Conditions. Any amendments to this arbitration provision shall not affect any pending asserted claim or arbitration proceeding.
The law applicable to the interpretation and construction of these Terms and Conditions in any arbitration shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of California without regard to principles of conflicts of laws. If any dispute is found not to be arbitrable, then ordinary choice of law rules will apply in any court proceeding in which the matter is adjudicated.
Updates to Terms and Conditions
These Sera Labs Gift Card Terms and Conditions were last updated on the date set forth above. Sera Labs may update these Terms and Conditions at any time. We recommend that you check these Terms and Conditions periodically for changes. In the event of a conflict between these Terms and Conditions and the Seralabshealth.com Terms and Conditions, these Terms and Conditions will govern.