mobile i Go - Gift Card and Balance Terms and Conditions
These terms and conditions apply to mobileiGo.com Gift Cards and mobileiGo.com Balances and all of the same from all of the mobile i Go Sites.
mobileiGo.com Gift Cards ("Gift Cards") may only be redeemed toward the purchase of eligible goods and services offered and sold by mobileiGo.com LLC or its affiliates on www.mobileiGo.com, or its affiliated websites or any of the mobile i Go Sites. Redemption of Gift Cards on any affiliated website may be subject to change at our sole discretion at any time for any reason. Gift Cards include any mobileiGo.com Gift Cards you purchase that are automatically added to your mobileiGo.com Balance when you replenish your balance. Your mobileiGo.com Balance displays the total balance remaining of all Gift Cards that have been applied to your mobileiGo.com account but not yet used for a purchase. We may reference your mobileiGo.com Balance as an “mobile i Go Balance” or “Gift Card balance.” Any purchases will deduct funds from your mobileiGo.com Balance. Any unused mobileiGo.com Balance will remain available towards purchases and associated with your mobileiGo.com account. Any purchase that exceeds your mobileiGo.com Balance will require that the remaining amount be paid with another payment method. The provider(s) of mobile i Go Gift Cards or its affiliates ("we", "us", and "our") may provide Gift Card purchasers with information about the redemption status of Gift Cards that they purchase. To view your mobileiGo.com Balance, visit My Account on mobileiGo.com. No fees will apply to Gift Cards. mobile i Go may process the redemption of the portion of your mobileiGo.com Balance used to purchase goods and services sold by third parties on www.mobileiGo.com or any affiliated website at which your mobileiGo.com Balance may be used.
Your mobileiGo.com Balance cannot be used to purchase Gift Cards. Gift Cards cannot be redeemed for cash, resold, reloaded or transferred for value except to the extent required by law. No mobileiGo.com Balance or any portion thereof may be transferred from one mobile i Go account to another mobile i Go account in any circumstance.
Risk of Loss
Upon electronic transmission of the Gift Card to the buyer or designated recipient, or upon delivery to the carrier, whichever is applicable, the risk and responsibility for loss and title for the Gift Card passes to the purchaser. mobile i Go will not be responsible for any lost, stolen or destroyed Gift Card, mobileiGo.com Balance or any Gift Card used without you, the purchaser’s, permission.
Use of a Gift Card or any mobileiGo.com Balance in Violation of these Terms and Conditions.
mobile i Go reserves the right to void, cancel or render unusable any Gift Card or any other component of your mobileiGo.com Balance, close any customer account and to bill alternative forms of payment if we, at our sole discretion, suspect that any Gift Card or mobileiGo.com Balance has been obtained, used or applied to any mobile i Go account or applied to any purchase unlawfully, fraudulently or otherwise in violation of these Gift Card and mobileiGo.com Balance terms and conditions.
Limitation of Liability
mobile i Go offers no warranties, express or implied, with respect to any gift card or any mobileiGo.com Balance, including without limitation, any express or implied warranty of merchantability or fitness for any specific purpose or intent. In the event that a gift card does not function, you, the purchaser’s, sole remedy, and our sole liability, will be to replace the specific gift card determined to be non-functional. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the purchaser, some or all of the above disclaimers, exclusions, or limitations may not apply to you, the purchaser as a resident within those specific states, and you may have additional rights.
Disputes or claim pertaining in any manner to any mobileiGo.com Balance or any Gift Card will under all circumstances be resolved by binding arbitration, rather than in court, except that you, the purchaser, may if applicable with qualifying claim(s) assert those claims in small claims court. This agreement is governed by the U.S. Federal Arbitration Act and U.S. federal arbitration law. Arbitration excludes any judge or jury involvement, and court review of any arbitration award will be limited. However, arbitration may result in an individual award of the same or similar damages and relief as that of a court that may include injunctive and declaratory relief or statutory damages. And arbitration must follow and be bound by these mobile i Go Gift Card and mobileiGo.com Balance terms and conditions in the same manner as that of a court.
To initiate arbitration, you, the purchaser, must request with a written letter arbitration describing therein your claim to our corporate address: 88 N Avondale Rd, #130, Avondale Estates, GA 30002. All arbitration procedures shall be conducted by the American Arbitration Association ("AAA") according solely to its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules can be reviewed or obtained at www.adr.org or by calling 1-800-778-7879. The AAA's rules shall govern all payment of all filing, administration and arbitrator fees. mobile i Go will reimburse applicable fees for claims totaling less than $2,000 except in the case that the arbitrator in its sole discretion deems the claims to be frivolous. Likewise, only in the event that the arbitrator determines the claims are frivolous shall mobile i Go seek attorneys' fees and costs in arbitration. You, the purchaser, may elect for the arbitration to be conducted via written submissions, via electronic video conference, via telephone or in person at a mutually agreed upon location.
You, the purchaser, and mobile i Go agree that any dispute or claim resolution proceedings shall under no circumstances be conducted in a class, consolidated or representative action and will only be conducted on an individual basis. If for any reason a claim proceeds in court rather than in arbitration both you and mobile i Go individually waive any right to a jury trial. Additionally you and mobile i Go agree that either party may, at its own sole discretion, bring or initiate suit in court to enjoin infringement or other misuse of intellectual property rights (IP).