Last updated: August 11, 2021
I. Description of Openbucks Service
The Openbucks Service is comprised of the Retailer Gift Card redemption service described in more detail below:
- The Retailer Gift Card redemption service enables you to use retail plastic gift cards (each, a “Retailer Gift Card”) that you purchased from participating gift card issuing retailers (“Retailers”) to purchase prepaid access to goods and services from certain online merchants in the Openbucks network (“Openbucks Merchants”), and to redeem this prepaid access for goods and services sold by the corresponding Openbucks Merchant.
- Only the following Retailer Gift Cards are accepted on the Openbucks Service:
- (i) Plastic CVS Pharmacy gift cards purchased at a physical CVS Pharmacy location;
- (ii) Plastic Dollar General gift cards purchased at a physical Dollar General location; and
- (iii) Plastic Circle K gift cards purchased at a physical Circle K location in the United States.
- By entering your Retailer Gift Card information and clicking “Pay” within the Retailer mini-digital store powered by the Openbucks Service, you will be able to redeem your Retailer Gift Card at the issuing Retailer to purchase a prepaid access product that is redeemable at the Openbucks Merchant you have selected.
- You authorize the issuing Retailer to redeem your Retailer Gift Card and debit the amount of your redemption from the balance of your Retailer Gift Card. You also authorize the Openbucks Merchant to process your redemption of the prepaid access product you purchased using your Retailer Gift Card to pay for the goods and services you have selected from the Openbucks Merchant.
Please note: The Openbucks Service does not accept all prepaid cards. Here are a few examples of prepaid cards that are NOT accepted by the Openbucks Service:
- Any form of digital prepaid cards (a.k.a. e-gift cards) (including CVS, Dollar General and Circle K gift cards purchased online).
- Prepaid cards purchased online, even from an authorized distributor.
- Prepaid cards purchased from a secondary marketplace.
- Prepaid cards purchased or traded on a peer-to-peer platform.
- Prepaid cards traded with you in exchange for good or services or any other consideration.
- Prepaid cards given to you by friends or relatives living in a different country.
II. Eligibility Information
Persons under the age of 16 and users previously suspended or removed from the Openbucks Service by Openbucks may not use the Openbucks Service. You do not need to register as a user in order to use the Openbucks Service. Retailer Gift Cards that are purchased from a Retailer may only be used directly by you, or by a member of your household who has given you explicit authorization to use the Retailer Gift Card.
IV. Your Obligations
- You agree to give us accurate and complete information when you use the Openbucks Services.
- You agree not to use the Openbucks Services to violate any law, rule or regulation, to engage in fraudulent conduct or to cause injury to any person or entity.
- You agree that you will not make a purchase using the Openbucks Service with an invalid method of payment or with Retailer Gift Cards that are not your property or without the proper authorization of the owner.
- You agree to pay shipping, handling charges and any other applicable fees associated with your Retailer Gift Card, which should have been disclosed to you by the Retailer. Prepaid access products issued by Openbucks Merchants are not subject to fees or charges. Your use of the Openbucks Service is also not subject to fees.
- You are responsible for paying any taxes applicable to purchases made from Openbucks Merchants.
- You acknowledge and agree that either Openbucks, Openbucks Merchants, Retailers, or payment transaction processors may not accept a transaction you initiate through the Openbucks Service for any reason, at their discretion. If that happens, none of Openbucks, the Openbucks Merchant or Retailer or payment transaction processor shall have any liability to you.
- You understand that Openbucks does not have control of or liability for any goods or services purchased from an Openbucks Merchant or the delivery of such goods or services and shall not have any liability to you for any actions taken or charges applied by an Openbucks Merchant with respect to such goods or services or for any failure of delivery of such goods or services. You acknowledge and agree that certain features of the Openbucks Service may sometimes include advertisements and that such advertisements are a necessary part of the Openbucks Service.
- You represent and warrant that you have the legal right to use any Retailer Gift Card provided by you and used to initiate any transaction on the Retailer mini-digital store powered by the Openbucks Service.
- If you have any questions or concerns about a good or service you have purchased from an Openbucks Merchant, you should contact the Openbucks Merchant directly. If you have any questions or concerns about your Retailer Gift Card, you should contact the issuing Retailer directly.
- If you have any questions or concerns about the Openbucks Service you should contact Openbucks as set out in Section XXII below.
If you are not satisfied with a good or service you purchased from an Openbucks Merchant, you may request from that Openbucks Merchant a refund. Openbucks Merchants, however, are not obliged to issue refunds for goods or services purchased, but they may choose to do so in certain circumstances. To request a refund, you must contact the Openbucks Merchant directly. If the Openbucks Merchant agrees to issue a refund, that refund will be issued directly by the Openbucks Merchant.
VI. Fraud, Misuse or Errors
We may change, suspend, restrict, block or cancel your access to the Openbucks Service for any reason, at our sole discretion. Cancellation may include limiting your payments or cancelling any order that we believe may be linked to fraudulent or abnormal activities.
VII. Fees, Charges, and Payment
You are solely responsible for any and all amounts payable to Openbucks Merchants, Retailers, or other third parties associated with your use of the Openbucks Service.
IX. Prohibited Uses
You may not access the Openbucks Service in territories where its contents, features, or practices are not permitted nor which do not comply with Openbucks internal policies. The Retailer Gift Cards redemption service is designed for customers in the United States. Those who choose to access the Openbucks Service from outside the United States do so at their own initiative and are responsible for compliance with all local laws and rules including, without limitation, rules about the internet, data, email, or privacy.
You may only use the Openbucks Service for personal, non-commercial purposes, unless Openbucks has given you explicit written permission from Openbucks in advance.
You agree that you will not use any robot, spider, scraper, or other automated means to access the Openbucks Service for any purpose without our express written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict automated or manual access to the Openbucks Service.
We encourage you to provide Openbucks with comments, bug reports, suggestions for modifications, and your thoughts about Openbucks in general (“Feedback”). In return, we shall have the right to use such Feedback in our discretion, including but not limited to the incorporation of such suggested changes into the Openbucks Service and the right to assign, license or otherwise use the Openbucks Service. You hereby grant us a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
XI. Ownership and Proprietary Rights
All elements of the Openbucks Service provided by Openbucks (“Openbucks Materials”) are property of Openbucks or its subsidiaries or affiliated companies and/or third-party licensors, including Openbucks Merchants or Retailers. Openbucks Materials are protected by intellectual property rights and laws.
XII. Third-party Sites, Products, Services and Links
The Openbucks Service may include links to other web sites or services, including websites of Openbucks Merchants or Retailers (“Linked Sites”). Openbucks makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Openbucks Service are solely between you and such advertiser. YOU AGREE THAT OPENBUCKS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE OPENBUCKS SERVICE.
You acknowledge and agree that access to the Internet and other communication media is associated with risks concerning authentication, data security, privacy, availability of services, and reliability of transmission. You agree to bear full and exclusive responsibility arising from such risks and consequences of your usage of the Openbucks Service. Openbucks takes precautionary measures to protect its network against third party access; however, full protection against unauthorized access cannot be guaranteed and we are not responsible for such access.
XIV. Disclaimers; No warranties
THE OPENBUCKS SERVICE AND ALL INFORMATION, GOODS, SERVICES, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN, PURCHASED FROM OR OTHERWISE ACCESSIBLE FROM THE OPENBUCKS SERVICE, ANY OPENBUCKS MERCHANT INTERFACE OR OTHER PLATFORM PROVIDED BY OPENBUCKS ARE PROVIDED “AS IS” AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU TO THE FULLEST EXTENT PERMITTED BY LAW. OPENBUCKS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE OPENBUCKS SERVICE AND ALL INFORMATION, GOODS, SERVICES, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN, PURCHASED FROM OR OTHERWISE ACCESSIBLE FROM THE OPENBUCKS SERVICE, ANY OPENBUCKS MERCHANT INTERFACE OR OTHER PLATFORM PROVIDED BY OPENBUCKS.
XV. Indemnification and Hold Harmless
XVI. Limitation of Liability and Damages
Limitation on Amount of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LIABILITY TO YOU FOR ANY REASON WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNTS PAID BY YOU TO OPENBUCKS IN THE 12 MONTHS PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, OR $1000.00 (ONE THOUSAND U.S. DOLLARS). CERTAIN JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY OR DAMAGES, IN WHICH CASE OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
XVII. No Wavier and Separability.
XIX. Governing Law, Arbitration of Disputes and Waiver of Class Claims
PLEASE READ THIS SECTION XIX (THE “ARBITRATION PROVISION”) CAREFULLY BECAUSE IT REQUIRES YOU AND US (AS SUCH TERMS ARE DEFINED BELOW) TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH EACH PARTY CAN SEEK RELIEF FROM EACH OTHER.
Any Claim, including questions involving the scope, interpretation, or enforceability of this Arbitration Provision, will be settled by binding individual arbitration administered by the American Arbitration Association pursuant to its then-current Consumer Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) (available at www.adr.org/Rules), and will be arbitrated in Miami-Dade County, Florida, unless you elect to conduct proceedings telephonically or via other remote electronic means, or unless otherwise required under applicable AAA Rules. Each party will bear its own attorneys’, experts’ and witness fees. The AAA Rules will govern payment of all arbitration fees.
- Collective Arbitration. Arbitration proceedings may not be consolidated with those of other Retailer Gift Card holders.Neither you nor we will have the right to participate as a member of any class of claimants pertaining to any Claim and each party expressly waives its right to assert or to participate as a part of any group, class, collective, mass, representative, or consolidated claim (each, a “Collective Arbitration”). Third parties’ claims will not be joined in any arbitration between you and us.
Without limiting the generality of the foregoing, a Claim will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees, or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
- Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR WE SHALL BE ENTITLED TO CONSOLIDATE, JOIN, OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY CLAIM, ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, IN THE EVENT ALL OR ANY PORTION OF THIS SECTION 7 ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY’S ELECTION.
440 N. Wolfe Rd.
Sunnyvale CA, 94085
If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Notice: Openbucks has been granted a license under U.S. Patent No. 6,876,979.