By purchasing the eGift Card ("Gift Card") , you hereby agree to be bound by the terms and conditions of this agreement (“Agreement”).
This Gift Card is redeemable for room night purchases at participating hotels only, and the Card may not be returned or to buy another gift card. Unless otherwise required by state or federal law, the dollar value on your Card is nonrefundable and may not be redeemed for cash.
We do not charge any activation, service, dormancy or inactivity fees in connection with your Card. Your Card has no expiration date nor does the Purchase Value on your Card ever expire.
In the event that The Independent Collection or its affiliates are found liable to you for any reason, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Card. The Independent Collection and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall The Independent Collection or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.
The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
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