Clearbon, Inc. (“Clearbon”) manages a gift certificate program whereby it markets and sells gift certificates (proprietarily known as “Credibles”) to You (“Purchaser”) on behalf of participating restaurants and businesses (referred to individually as a “Participating Business”). Credibles shall be sold and used solely in accordance with the provisions of these Terms and Conditions.
Redemption and Use.
Credibles are for the personal and family use of Purchaser and are only redeemable at the Participating Business for which they have been issued, or an affiliated Participating Business as may be indicated on this website. Eligible purchases made using Credibles will be deducted from Purchaser’s Credibles account. Any unused Credibles balance shall be available for Purchaser’s use until expiration.
Credibles do not have cash value and may not be redeemed for cash, unless required by law. Credibles do not accrue interest. Unauthorized use, including resale, distribution, or transfer of Credibles is prohibited.
Clearbon does not charge the Purchaser a transaction fee for the purchase or repurchase of Credibles. However, if Purchaser’s Credibles account is inactive for a period of twenty (24) consecutive months, Clearbon shall charge a monthly service fee equal to one (1) Credibles on account balances of five (5) Credibles or less. Such monthly service fee may be assessed against Purchaser’s account until Purchaser’s Credibles account balance is zero or until expiration of Purchaser’s Credibles. Any use of Credibles or other eligible account activity such as repurchasing Credibles shall restart the time period for the above service fee.
Credibles do not expire.
As part of a promotional program, Clearbon, on behalf of Participating Businesses, may issue a promotional credit (“Promotional Credit”), which can be used at designated Participating Businesses in the same manner as Credibles, except as specified or limited herein. Any Promotional Credit issued in connection with the purchase of Credibles shall be redeemable only at the Participating Business or Participating Businesses indicated on the Promotional Credit certificate or otherwise specified on this website. In some instances Promotional Credits may not be redeemable at the Participating Business where Purchaser bought Credibles. All other terms and conditions applicable herein shall apply.
Representations, Warranties and Consent.
Purchaser represents and warrants that all information that Purchaser provides to Clearbon is true and correct. Purchaser agrees that Purchaser’s digital signature or other form of electronic acknowledgement, consent or acceptance (as the case may be), constitutes Purchaser’s signature, acceptance and agreement and shall be given the same force and effect as a signature affixed by hand.
Clearbon is not responsible or liable to Purchaser (1) for any Credibles that are lost, stolen, destroyed or used in any manner without Purchaser’s permission; (2) for any temporary or incidental interruption of service under the Credibles program; (3) for the quality, safety, legality, or any other aspect of any goods or services purchased from any Participating Business using Credibles; (4) if any Participating Business refuses to honor its Credibles; and/or (5) for any other problem Purchaser may have with a Participating Business.
Limitation of Liability.
Purchaser will indemnify, hold harmless and defend Clearbon, its members, managers, shareholders, directors, officers, employees, agents, and affiliates from and against any harm or claim that may arise from any act or failure to act or any dispute whatsoever between Purchaser and a Participating Business.
Clearbon shall only by liable to Purchaser for damages relating to the sale and issuance of Credibles through this website and not for damages resulting from the redemption or use of Credibles at a Participating Business. Clearbon’s maximum amount of liability to Purchaser for any such damages shall be limited to reimbursement of the total amount paid by Purchaser to Clearbon for the purchase or repurchase of Credibles.
Modification of Terms.
Clearbon may change or add new terms to these Terms and Conditions at any time, with or without notice, subject to applicable law. In addition, Clearbon may suspend, cancel, add, modify or delete any feature offered in connection with the Credibles program or this website, with or without notice, subject to applicable law.
By purchasing Credibles on this website, Purchaser agrees to the above Terms and Conditions. Information relating to Purchaser’s Credibles account or these Terms and Conditions can be accessed at any time on this website or by calling 347-694-8086.