BRS Gift Card Terms and Conditions
The Aquatic Sales Solutions, Inc. d/b/a BulkReefSupply.com (“BRS”) Gift Card Terms and Conditions govern the use of the BRS Gift Cards and e-Gift Cards (collectively “BRS Gift Cards”) and the holders of the BRS Gift Cards, by use of the BRS Gift Cards, agree to be bound by the terms and conditions provided herein.
BRS Gifts Cards are not a credit or debit card and are only valid for purchases from BRS. The BRS Gift Cards are not subject to any fees and do not expire. The BRS Gift Cards are not redeemable for cash or other cash consideration and can only be used for purchases from BRS of in stock physical goods. The BRS Gift Cards are non-transferable and you may not sell, assign, make a gift of or otherwise transfer all or any part of your BRS Gift Cards. BRS may cancel a BRS Gift Card at any time and for any reason and shall refund any unused BRS Gift Card credit to the holder promptly upon cancellation. BRS Gift Card redemptions are limited to $750 per purchase transaction and $750 per day per customer.
Managing My BRS Gift Cards
You may have the ability to view and manage your BRS Gift Cards through your BRS Customer Account. From your account, you may be able to view your total e-Gift Cards (and monetary equivalent) and any balance remaining on any valid e-Gift Cards (remaining balances are solely an estimate and may not take into consideration recent transactions or other discrepancies). By creating a BRS Customer Account, you agree to receive BRS e-mail communication from BRS unless otherwise specifically requested. A customer may terminate his or her participation by contacting BRS. In addition to the other terms hereof, BRS may terminate a customer’s BRS Gift Card(s) if the BRS Gift Cards are issued, received or redeemed through misrepresentation, fraud, theft, conversion, computer/system error and/or glitches or other illegal acts or means, or violation of the terms and conditions hereof.
BRS reserves the right at any time, in its sole discretion, with or without notice, to: suspend or modify the Terms and Policies as provided herein, in whole or in part; to modify or change redemption procedures; and to prospectively modify or discontinue offering BRS Gift Cards.
Limitation on Liability
BY USE OF THE BRS GIFT CARD OR E-GIFT CARD, YOU AGREED THAT BRS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, MANAGERS, DIRECTORS, GOVERNORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “RELEASED PARTIES”) SHALL NOT HAVE ANY LIABILITY TO YOU FOR ANY CLAIM, LOSS, INJURY, DAMAGE, ACCIDENT, COST OR EXPENSE OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES (COLLECTIVELY, "LOSSES AND DAMAGES"), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THE BRS GIFT CARDS, THE TERMS AND CONDITIONS HEREOF OR ANY ACTIVITY RELATED TO THE BRS GIFT CARDS; (II) ANY FAILURE, DELAY OR DECISION BY BRS IN ADMINISTERING THE TERMS AND CONDITIONS; (III) ANY UNAUTHORIZED BREACH OF SECURITY REGARDING YOUR PERSONAL INFORMATION RELATED TO THE BRS GIFT CARDS; (IV) ANY OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE BRS GIFT CARDS; (V) ANY PRINTING, PRODUCTION, OR OTHER ERRORS IN ANY MEDIUM RELATED TO THE BRS GIFT CARDS; (VI) ANY DELAY OR FAILURE TO CREDIT GIFT CARD PAYMENTS TO YOUR ACCOUNT; OR (VII) ANY FAILURE TO PROVIDE COMMUNICATIONS RELATED TO THE BRS GIFT CARDS. THESE LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ONE OF THE RELEASED PARTIES OR ONE OF THEIR REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES AND DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
THE MAXIMUM COMBINED AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ANY CAUSE WHATSOEVER IN ANY CALENDAR YEAR ARISING OUT OF OR IN CONNECTION WITH ANY OF THE MATTERS DESCRIBED ABOVE SHALL NOT IN ANY EVENT EXCEED THE ACTUAL UNUSED VALUE OF SUCH CUSTOMER’s BRS GIFT CARD(S).
IF ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS FOUND TO BE VOID, INVALID, OR UNENFORCEABLE FOR ANY REASON, THEN SUCH LIMITATIONS OF LIABILITY SHALL BE MODIFIED TO THE MINIMUM EXTENT NECESSARY TO ACCOMPLISH THE PURPOSE AND INTENT OF THE ORIGINAL PROVISIONS TO THE FULLEST EXTENT ALLOWED BY LAW AND THE REMAINING LIMITATIONS OF LIABILITY SHALL REMAIN IN FULL FORCE AND EFFECT.
BRS HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, STATUTORY, OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THE BRS GIFT CARDS, PURCHASES USING BRS GIFT CARDS AND THE WEBSITE.
Governing Law and Interpretation
Your use of the BRS Gift Card shall be deemed made, performed, transacted, and closed in the State of Minnesota in the United States of America. By using the BRS Gift Card, you agree that the laws of the State of Minnesota in the United States of America, without regard to its conflict of laws rules, will govern the BRS Gift Card and the terms and conditions provided herein. The interpretation of these terms and conditions and any rules related to the BRS Gift Cards shall be at the sole discretion of BRS. BRS may assign its rights and obligations under this BRS Gift Cards and such assigned obligations shall be the sole responsibility of the assignee. The issuance of the BRS Gift Cards is void where prohibited or restricted by law.