Last updated on September 13, 2023

These United States Gift Card Terms and Conditions (“Gift Card Terms“) govern your use of EXPLORINGNOTBORING Gift Cards (“Gift Cards“) on exploringnotboring.com. Your use of Gift Cards and the services available via the EXPLORINGNOTBORING Platform shall be subject to EXPLORINGNOTBORING’s Terms of Service (“Terms“) and Payments Terms of Service (“Payments Terms”); if you see an undefined term in these Gift Card Terms, it has the same definition as in the Terms and Payments Terms.

Claiming and Redemption.

You must have an exploringnotboring.com account in order to claim and redeem a Gift Card; you can claim a Gift Card by visiting exploringnotboring.com/gift. Upon claiming, the entire Gift Card value will be shown on your exploringnotboring.com account as your Gift Card balance. Gift Card balances may only be redeemed toward the purchase of eligible goods and services offered on the EXPLORINGNOTBORING Platform. Any reservation made with a Gift Card will be deducted from your Gift Card balance, and any unused Gift Card balances will remain on your exploringnotboring.com account until used. If a purchase exceeds your existing Gift Card balance, the remaining amount due must be paid with another Payment Method. You can view your Gift Card balance by signing in to your exploringnotboring.com account.

No fees of any kind apply to Gift Cards, and Gift Cards and Gift Card balances do not expire. Gift Card balances, however, may be subject to reporting and escheating (sending) to the appropriate governing body as required by applicable unclaimed property laws. These Gift Card Terms remain applicable until your entire Gift Card balance has been spent or escheated.

Limitations.

In the US, Gift Cards can only be purchased by or gifted to individuals in the US, not including US territories and possessions.

Gift Cards may not be applied towards charges for changes to existing reservations or be used to purchase other Gift Cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Once a Gift Card is claimed to an exploringnotboring.com account, its value cannot be transferred to another person or exploringnotboring.com account; a Gift Card balance on an exploringnotboring.com account may not be cashed out or transferred to another exploringnotboring.com account.

Risk of Loss.

You should treat Gift Cards like cash. Once we electronically transmit a digital Gift Card to the purchaser or designated recipient, or deliver a physical Gift Card to the purchaser or designated recipient, whichever is applicable, the risk of loss and title for Gift Cards pass to the purchaser or designated recipient. We are not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.

Fraud.

EXPLORINGNOTBORING reserves the right to any remedy, including refusal to issue or honor a Gift Card, in the event of suspected fraud. We will have the right to close an exploringnotboring.com account and charge alternative Payment Methods if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on the EXPLORINGNOTBORING Platform.

Limitation of Liability.

We make no warranties, express or implied, with respect to Gift Cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a Gift Card is non-functional, your sole remedy, and our sole liability, will be the replacement of such Gift Card. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Termination or Waiver.

Your rights under a Gift Card will terminate if you materially fail to comply with these Gift Card Terms or if you exploringnotboring.com account is terminated or is suspended. Upon termination, you must cease all use of the Gift Card, and we may revoke your access to any Gift Card balance. Our failure to insist upon or enforce your strict compliance with these Gift Card Terms will not constitute a waiver of any of our rights.

Disputes.

Any dispute or claim relating in any way to Gift Cards will be resolved in accordance with the Governing Law and Dispute Resolution and United States Agreement sections of the Payments Terms.

General Terms.

Gift Cards are issued by EXPLORINGNOTBORING BLLC. When you purchase, receive, or redeem a Gift Card, you agree that the laws of the State of Utah, without regard to principles of conflict of laws, will govern these Gift Card Terms. We reserve the right to modify these Gift Card Terms at any time. When we make material changes to these Gift Card Terms, we will post the revised Gift Card Terms on the EXPLORINGNOTBORING Platform and update the “Last Updated” date at the top of these Gift Card Terms. Your continued access to or use of the EXPLORINGNOTBORING Platform will constitute acceptance of the revised Gift Card Terms. All terms and conditions are applicable to the extent permitted by law.