[Effective Date: April 14, 2021]
The following are the terms and conditions applicable to your Rogue eGift Card Terms and Conditions.
Gift Cards; Restrictions on Redemption.
This eGift Card (“eGift Card”) is issued by Rogue and may only be used for the purchase of eligible goods offered by Rogue at the roguenicotine.com online store. Eligible goods are subject to change in our sole discretion. When we speak of “Rogue,” “we,” “us,” and “our,” we mean Rogue Holdings, LLC.
This eGift Card may be redeemed only by persons age 21 or older who have an account on roguenicotine.com. Redeem this eGift Card by inputting the 12 digit code on the eGift Card at checkout on the roguenicotine.com online store. Internet access is required (separate fees may apply).
This eGift Card cannot be returned, refunded, resold, redeemed for more than the face value, or redeemed for cash, except where required by applicable law. This eGift Card cannot be used to buy other eGift Cards, and cannot be redeemed outside the U.S. or where prohibited by law. This eGift Card is non-reloadable. There are no fees or expiration dates associated with this eGift Card or the underlying value. If a purchase exceeds the value held on this eGift Card, the remaining amount must be paid with another payment method.
Treat this eGift Card like cash. Rogue is not responsible for lost, stolen, damaged, destroyed or misplaced eGift Cards, or eGift Cards used without your permission. To determine the current value of this eGift Card visit https://www.roguenicotine.com/giftcertificates.php?action=balance or call 800-874-9720 during our business hours. For customer service, visit https://help.roguenicotine.com/hc/en-us.
Your eGift Card cannot be used to purchase other gift cards, prepaid open loop cards, or certain third-party gift cards. eGift Cards cannot be reloaded; resold; used for payment outside of roguenicotine.com; used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes; redeemed for more than face value; transferred for value; redeemed for cash; returned for a cash refund (except to the extent required by law); or used in a manner otherwise prohibited by Rogue. No portion of your eGift Card may be transferred to another account on roguenicoitine.com.
Risk of Loss.
The risk of loss and title for eGift Cards pass to the purchaser upon our electronic transmission of the eGift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. eGift Cards must be obtained from Rogue or an authorized third party, and you are responsible for safeguarding your eGift Card from unauthorized use. We are not responsible if any eGift Card is lost, stolen, or destroyed, or if your account on roguenicotine.com or any eGift Card is used without your permission. There are a variety of gift card scams that request payment by gift card or other prepaid product. Rogue is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any gift card, including the eGift Cards.
Use of any eGift Card in Violation of these Terms and Conditions.
By using an eGift Card you agree to comply with these terms and conditions, and not to use an eGift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to Rogue, its affiliates, or its customers. We reserve the right, without notice to you, to void eGift Cards without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that an eGift Card is obtained, used, or applied to a purchase fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
Limitation of Liability.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO eGIFT CARDS OR YOUR ACCOUNT ON ROGUENICOTINE.COM, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT AN eGIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT eGIFT CARD.
Any dispute or claim between you, on the one hand, and us, our parents, subsidiaries, affiliates, agents, employees, and assigns, on the other hand (“Claims”) will be resolved exclusively by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Further, you and Rogue waive any right to bring a class or representative action or to participate as a member of a class. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
Claims include, without limitation, (a) Claims related to or arising out of your account on rogueonline.com; (b) Claims related to eGift Cards; (c) Claims related to or arising out of any aspect of any relationship between you and Rogue; and (d) Claims relating to the construction, scope, applicability, or enforceability of this arbitration clause. Claim has the broadest possible meaning and includes disputes based on contract, tort, consumer rights, fraud or other intentional torts, statutes, regulations, common law, or equity. Notwithstanding the foregoing, “Claim” does not include an action to enjoin infringement or other misuse of intellectual property rights, which you or Rogue may file in court.
You and Rogue agree that each of us will notify the other in writing of any Claim and will attempt in good faith to resolve the dispute before beginning an arbitration proceeding. Notice to Rogue shall be sent to Rogue Holdings, LLC c/o Swisher International, Inc., attn: VP Consumer Marketing, 459 E. 16th St., Jacksonville, FL 32206. If you and Rogue cannot resolve the dispute between yourselves within 30 days of you or Rogue providing written notice, either party may initiate an arbitration.
You and Rogue agree that the arbitration will be administered by JAMS. The JAMS arbitration rules can be obtained at www.jamsadr.com or 1-800-352-5267. The arbitration will be decided by a single arbitrator selected in accordance with JAMS rules. The arbitrator will take reasonable steps to protect proprietary and confidential information. At your or Rogue’s request, the arbitrator will issue a reasoned written decision explaining the basis for the award.
You and Rogue agree that no class action, private attorney general, or other representative claims may be pursued in arbitration. Unless you and Rogue agree, Claims of two or more people cannot be joined or consolidated in the same arbitration.
You and Rogue agree that our transactions involve interstate commerce and that these Terms and Conditions and any arbitration proceedings are governed by the Federal Arbitration Act. Any Claim or other dispute between the parties will be governed by these Terms and Conditions and the laws of the state of Florida and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
Rogue reserves the right to require additional verification of your identity, eGift Card or account ownership, or provision of an additional payment instrument, before you are able to apply an eGift Card to a purchase. We reserve the right to change these terms and conditions without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.