By purchasing and/or using an eGift Card ("eGift Card") from Beachbody, LLC ("Beachbody") or Team Beachbody ("Team Beachbody", and together with Beachbody, "we", "our" or "us"), you ("you" or "your") agree that the following eGift Card Terms and Conditions ("Terms and Conditions") apply to and govern your purchase and/or use of your eGift Card.
Subject to the limitations and restrictions set forth herein, Beachbody eGift Cards may only be used to purchase certain Beachbody-specific products online at www.beachbody.com, and Team Beachbody eGift Cards may only be used to purchase certain Team Beachbody-specific products online at www.teambeachbody.com. The purchase price, applicable tax, and any shipping and handling costs will be deducted from your eGift Card balance. Any unused amounts will remain on your eGift Card to be redeemed in the future. If there are insufficient funds on your eGift Card to cover the entire purchase price of your order, any remaining balance must be paid with a valid credit card or other approved payment method, or if you are making the purchase on www.beachbody.com, you may use another Beachbody eGift Card to complete your purchase (the ability to use more than one (1) Team Beachbody eGift Card in a single transaction on www.teambeachbody.com is not currently available). Your eGift Card does not expire and we do not impose any fees on your purchase or use thereof.
In addition to all other restrictions, limitations and conditions set forth herein or as may be posted by Beachbody or Team Beachbody on their websites, the following restrictions and limitations apply to your purchase and use of an eGift Card:
All product returns are subject to Beachbody's return and refund policies. If you are entitled to a refund for any products originally purchased using your eGift Card, your refund will be re-issued to your eGift Card for the amount of the original purchase price, less shipping and handling (as applicable).
If your eGift Card is lost or stolen, you must notify us immediately and provide valid proof of purchase as well as any other information we may require to investigate the loss or theft of your eGift Card. Subject to the results of our investigation, we may replace your eGift Card with a new eGift Card that has a value equal to the remaining balance at the time you notified us.
BEACHBODY AND ITS PARENT, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY eGIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT AN eGIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF YOUR eGIFT CARD. THE FOREGOING LIMITATION OF LIABILITY MAY NOT BE APPLICABLE IN YOUR JURISDICTION.
You represent and agree that your purchase and/or use of an eGift Card will comply with these Terms and Conditions as may be modified from time to time, and any applicable laws, rules and regulations. We reserve the right to close your eGift Card account or delay redemption if we suspect there has been any misleading, deceptive or fraudulent conduct in connection with the purchase or use of your eGift Card. In addition, you agree to indemnify, defend and hold us and our affiliates and subsidiaries harmless from and against any claims, liabilities or expenses arising out of any improper use of your eGift Card.
By purchasing an eGift Card, you agree that your purchase and use thereof, and these Terms and Conditions, are governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law principles, and any claim or dispute relating thereto shall be brought exclusively in the State and Federal courts located in Los Angeles County, California, and you irrevocably consent to the jurisdiction of such courts. You hereby agree that any claims or disputes arising out of the purchase and/or use of an eGift Card and/or these Terms and Conditions shall be resolved individually, without resort to any form of class action (except where prohibited), and further waive all rights to a jury trial and claims for indirect, punitive, incidental, consequential damages, and/or multipliers of damages and any other damages.
We reserve the right to add, delete and/or modify these Terms and Conditions without notice to you at any time in our discretion. If the laws pertaining to your eGift Card require additional or different terms or conditions, then such terms and conditions shall apply. By purchasing and/or using an eGift Card, you agree to Beachbody's privacy policy and website terms of use. For questions, please visit the Beachbody eGift Card website or the Team Beachbody eGift Card website.
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