Introduction

By purchasing, accepting or using the HempWorks Wisconsin Gift Card in physical or digital form (“Gift Card”) and in consideration for your right to use the Gift Card, you agree to be bound by these terms and conditions (the “Terms and Conditions”). In these Terms and Conditions, “you” and “your” means the cardholder who has purchased or received a Gift Card. “We” or “our” means HempWorks Wisconsin, LLC as applicable.

Redemption

• Invalid or unidentifiable Gift Card numbers will not be redeemed.
• The Gift Card may only be used for purchases on hempworkswi.com or hempworkswisconsin.com.
• It is important that you track the Gift Card balance.

Restrictions

• The Gift Card is not refundable or redeemable for cash or credit, unless required by law.
• The Gift Card may be used to make purchases only up to the available balance on the Gift Card. The available balance of the Gift Card is reduced by the amount of each purchase of goods or services and by other deductions, if any, that may be required by law.
• If you want to use the Gift Card to make a purchase that exceeds the available balance on the Gift Card, you must combine the use of the Gift Card with additional payment from another funding source. You agree that we are not responsible if you do not have enough funds on your Gift Card to facilitate a transaction.
• The Gift Card may not be used to pay HempWorks Wisconsin wholesale fees.
• The Gift Card also may not be used to buy HempWorks Wisconsin Gift Cards, third party gift cards, gift certificates, coupons, coins, paper money, virtual currency, or items generally considered to be “bullion” (for example, gold, silver, and other precious metals in the form of coins, bars, or ingots).
• No more than a total of $1000 in Gift Cards may be redeemed per day, and no more than a total of $1500 in Gift Cards may be redeemed per calendar month.
• Further, you may only redeem a maximum of four Gift Cards in any single transaction (and fewer if you are redeeming Gift Cards in combination with other redemption codes, such as coupons or vouchers).
• The Gift Card is not redeemable outside the U.S. or its Territories.
• Discounts and promotions do not apply to the sale of gift cards, unless otherwise stated or approved by HempWorks Wisconsin.

Disclaimer of Warranties; Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR RESPECTIVE AFFILIATES 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.
YOU AGREE THAT WE AND OUR RESPECTIVE AFFILIATES SHALL HAVE NO LIABILITY FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS (HOWEVER ARISING, INCLUDING NEGLIGENCE). IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR RESPECTIVE AFFILIATES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (A) UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A GIFT CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY; (B) ANY CIRCUMSTANCES BEYOND OUR CONTROL; (C) THE USE OF THE GIFT CARD BEING SUSPENDED OR PROHIBITED BECAUSE IT HAS BEEN REPORTED LOST OR STOLEN, OR WE BELIEVE IT IS BEING USED SUSPICIOUSLY OR FRAUDULENTLY OR IS BEING SUBJECTED TO UNAUTHORIZED USE; (D) THROUGH NO FAULT OF OURS, YOUR NOT HAVING SUFFICIENT FUNDS ON A GIFT CARD TO COVER A TRANSACTION; OR (E) INABILITY TO USE A GIFT CARD BECAUSE OUR SYSTEM IS NOT WORKING PROPERLY. YOU AGREE THAT WE AND OUR AFFILIATES ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE. The laws of certain states or other jurisdictions may not allow limitations on implied warranties, or the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you. IN THE EVENT THAT WE OR OUR RESPECTIVE AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT LOADED ONTO YOUR GIFT CARD.

General Terms

• The funds on the Gift Card do not expire. No fees apply.
• Protect the Gift Card like cash. Lost, stolen or damaged Gift Cards will only be replaced if the Gift Card has never been used, and only with satisfactory proof of purchase and Gift Card number, where required by law.
• We reserve the right to correct the Gift Card balance if we believe that a clerical, billing or accounting error has occurred.
• You also agree that we may deactivate, cancel or suspend any Gift Card if we suspect fraud, unlawful activity or improper Gift Card use.
• You agree that you will not use a revoked Gift Card.
• The Gift Card is not a credit, debit, or charge card. No implied warranties attach to it.
• Gift Card users must be 18 years of age or older.
• We may assign these Terms and Conditions at any time without notice to you. However, if we assign the Terms and Conditions, the Terms and Conditions will remain substantially the same unless you are notified.