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Notwithstanding anything contained in these “Terms and Conditions,” gift cards and eGift Cards (“Cards”) are not returnable or refundable for cash except in states where required by law. Lost, stolen, damaged or unused Cards will not be replaced. Cards may not be used in connection with any marketing, advertising or other promotional activities.
Use of name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of Roti’s subsidiaries or affiliates) in connection with the purchase or use of Cards is strictly prohibited. By purchasing Cards, you are certifying and representing to Roti that the activities in connection with which the Cards will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, and that the Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Roti. You agree to defend and indemnify Roti and its affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Cards or violation of any of these Terms and Conditions.
Roti makes no warranties, express or implied, with respect to the Cards including, without limitation, any express or implied warranty or merchantability or fitness for a particular purpose. In the event that a Card is non-functional, your sole remedy, and our sole liability, shall be the replacement of such Card. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation or certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you. Unless prohibited by law, you and Roti agree to limit claims for damages or other monetary relief against each other to direct and actual damages and that neither of you nor Roti will seek any indirect, special, consequential, treble, or punitive damages from the other.
Roti reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of these Terms and Conditions at www.roti.com (“Updated Terms”). Your use of the Cards after we have posted the Updated Terms constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of the Cards from that point forward.
Roti reserves the right to refuse to honor a Card where Roti suspects that the Card was obtained fraudulently.