The following Easy Breathe Gift Card Terms and Conditions (this “Agreement”) describe the terms and conditions that apply to use of our gift cards (including plastic gift cards and electronic gift cards ("eGift Cards") (collectively, “Gift Cards”) in the United States. This Agreement is between you (the “Cardholder”) and the issuer of the Gift Cards (“Easy Breathe, Inc.” or “Issuer”). By purchasing, accepting, or using a Gift Cards, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use, or accept the Card. These Easy Breathe Gift Card Terms and Conditions (“Terms and Conditions”) are applicable in addition to the Terms of Use and Privacy Notice applicable to the Easy Breathe.com website.

 

• About Your Card.
The Card is issued by Issuer, as defined above. Issuer is the sole legal obligor to the Cardholder. Cards are only valid if obtained from www.easybreathe.com. Gift Cards are not valid if obtained from unauthorized sellers or resellers, including through Internet auction sites. Gift Cards are not debit or credit cards.

• Redemption.
Gift Cards are online at www.easybreathe.com. Gift Cards have no cash value and may not be redeemed for cash except as required by law. Gift Cards are not redeemable to purchase another Gift Card or towards previously purchased goods or services.

• Reloadable.
Gift cards are not reloadable.

• Nonreturnable; not for resale.
Notwithstanding anything contained in these Terms and Conditions, Easy Breathe Gift Cards are not returnable or refundable for cash except in states where required by law. Resale of Easy Breathe Gift Cards is strictly prohibited.

• Not for promotional use.
Easy Breathe Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).

• No affiliation with Easy Breathe.
Use of Easy Breathe's name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Easy Breathe Gift Cards is strictly prohibited. Furthermore, the use of Easy Breathe Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Easy Breathe or any of its subsidiaries or affiliates is prohibited.

• Compliance with laws.
By purchasing Easy Breathe Gift Cards, you are certifying and representing to Easy Breathe that the activities in connection with which the Easy Breathe Gift Cards will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, and that the Easy Breathe Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Easy Breathe. In addition, you agree to defend and indemnify Easy Breathe, Inc. and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Easy Breathe Gift Cards or violation of any of these Terms and Conditions.

• Check your Gift Card balance.
If you have an Easy Breathe Gift Card and want to check your balance, please call 1-866-564-2252 to speak to a Customer Service representative. The balance you receive by calling 1-866-564-2252 is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time.

• Easy Breathe Gift Cards do not expire.
Gift Cards do not expire, and no fees for inactivity or service fees apply to such Cards. Issuer reserves the right to refuse to honor any Gift Card in the event of a disputed credit card charge, bounced check, or other failure of consideration.

• Saving Easy Breathe Gift Card information.
Issuer retains and saves eGift Card numbers. Plastic gift card numbers are not stored by Issuer, and as such the plastic gift card must be physically retained by Cardholder or the number must to be saved or else lost.

• Lost or stolen Gift Card.
The value of any lost, damaged or stolen Gift Card, or any Gift Card altered or used without authorization, will not be replaced or replenished, except in limited circumstances with proof of purchase and subject to Issuer approval. If you suspect someone has copied or stolen your Gift Card, call 1-866-564-2252 immediately.

• Maximum value.
You may not purchase or obtain more than $5,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $1,000 in any one day.

• Our Privacy Notice.
Information that you provide when purchasing a Gift Card is subject to the following Privacy Notice: https://www.easybreathe.com/Privacy-Policy-2.html.

• Limitation of liability.
WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARD OR ANY PURCHASES MADE WITH THE GIFT CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.

• Governing law.
When you purchase, receive, or redeem a Easy Breathe Gift Card, you agree that the laws of the State of California shall govern these Terms and Conditions, without regard to principles of conflict of law.

• Changes to agreement.
Issuer 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 this Agreement at https://www.easybreathe.com/Easy-Breathe-Gift-Card-and-Conditions.html.

• Fraud.
Issuer reserves the right to refuse to honor a Gift Card where Issuer suspects that the Gift Card was obtained fraudulently.

This Easy Breathe Gift Card is redeemable for goods and services at www.EasyBreathe.com only. It is not redeemable for cash unless required by law. This card is not a credit or debit card. This card is not reloadable. Safeguard this card. Lost or stolen cards may not be replaced. This card does not expire and is valid until redeemed. The card issued is Easy Breathe, Inc. Purchase or use of this card constitutes acceptance of the Easy Breathe Terms and Conditions found at https://www.easybreathe.com/Easy-Breathe-Gift-Card-and-Conditions.html.

For customer service or balance inquiries please call 1-866-564-2252.