Joplin Area Pressure Washing & Gutter Cleaning Service by CURB.PRO

Terms of Service

Gift Cards

Last Updated: February 22, 2021

IMPORTANT: THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND CURB.PRO ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

NON-RETURNABLE; NOT FOR RESALE
Notwithstanding anything contained in these Terms and Conditions, CURB.PRO Gift Cards Cards are not returnable or refundable for cash except in states where required by law. The resale of CURB.PRO Gift Cards is strictly prohibited.

LIABILITY
The balance on any Gift Card is solely the liability of CURB.PRO, LLC.

ACCEPTED LOCATIONS
Unless other restrictions apply, CURB.PRO Gift Cards may be used for any service provided by CURB.PRO (in the State of Missouri and Kansas) only.

PROMOTIONAL USE
CURB.PRO gift cards are for promotion only and not intended for personal use.

NO AFFILIATION WITH CURB.PRO
Use of CURB.PRO’s name, logo, trade dress (including any image/likeness of the cards), or trademarks in connection with the purchase or use of CURB.PRO Gift Cards is strictly prohibited. Furthermore, the use of CURB.PRO 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, CURB.PRO or any of its subsidiaries or affiliates is prohibited.

COMPLIANCE WITH LAWS
By purchasing CURB.PRO Gift Cards, you are certifying and representing to CURB.PRO that the activities in connection with which the CURB.PRO Gift Cards will be used will comply with these Terms and Conditions and all applicable laws, rules, and regulations, and that the CURB.PRO Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or CURB.PRO. In addition, you agree to defend and indemnify CURB.PRO, LLC 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 CURB.PRO Gift Cards or violation of any of these Terms and Conditions.

LOST OR STOLEN GIFT CARD
Lost or stolen cards will not be replaced. CURB.PRO, LLC shall not have liability to you for (i) lost or stolen CURB.PRO Gift Cards or (ii) use of any CURB.PRO Gift Cards by third parties. You are solely responsible for keeping your gift cards safe.

NO CONSOLIDATION FOR NEW CURB.PRO GIFT CARD
You may not consolidate or combine multiple CURB.PRO Gift Cards to purchase a new CURB.PRO Gift Card. CURB.PRO does not consolidate or combine multiple gift cards into one gift card per customer requests. CURB.PRO Gift Cards are available in $100 increments only. No change or consideration will be given to unused portions of CURB.PRO Gift Cards.

CURB.PRO Gift Cards expire two-years from issuance.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND CURB.PRO (INCLUDING ANY SERVICES OFFERED OR SOLD BY CURB.PRO), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL, SINGLE ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT CURB.PRO AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. DISPUTE SHALL BE INTERPRETED AS BROADLY AS PERMITTED UNDER THE LAW AND SHALL COVER ANY CLAIMS THAT AROSE BEFORE THESE OR ANY PRIOR TERMS AND CONDITIONS. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; AS SET FORTH BELOW, CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The arbitration will be administered by the ownership and/or management of CURB.PRO, LLC. The arbitrator will follow these Terms and Conditions and his or her award will be final and binding. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS-ACTION, JOINT, OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER CURB.PRO CUSTOMERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY ON FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED, THEN THE PARTIES AGREE THAT THIS ARBITRATION PROVISION SHALL SURVIVE AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.

This arbitration provision shall survive any termination of these Terms and Conditions. Any amendments to this arbitration provision shall not affect any pending asserted claim or arbitration proceeding.

APPLICABLE LAW
The law applicable to the interpretation and construction of these Terms and Conditions in any arbitration shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Missouri without regard to principles of conflicts of laws. If any dispute is found not to be arbitrable, then an ordinary choice of law rules will apply in any court proceeding in which the matter is adjudicated.

UPDATES TO TERMS AND CONDITIONS
Gift Card Terms and Conditions were last updated on the date set forth above. CURB.PRO, LLC may update these Terms and Conditions at any time. We recommend that you check these Terms and Conditions periodically for changes.