By purchasing, using, accepting, booking, redeeming Emotcia Certificates or by accessing, browsing and using emotcia.com (the "Website") you agree to be subject to the following terms and conditions ("Terms and Conditions" or "Agreement") as well as all other applicable laws.
IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of in court.
Emotcia LLC may amend these Terms and Conditions at any time by posting such amended Terms and Conditions on the Website. Such amended Terms and Conditions will be effective as of the date it is posted to the Website.
Purchasing and Redeeming
Follow the instructions for purchasing and redeeming an Emotcia Certificate on the flier or emotcia.com website. As a condition to redeem an Emotcia Certificate Number, a recipient must first register for an account and accept these Terms and Conditions.
Emotcia certificates (or “Certificates”) are issued and redeemable for specific Experiences offered through the Website. Certificates cannot be redeemed or exchanged for cash except where required by state or federal law.
You may purchase a Certificate for your own use or as a gift for another person. Emotcia LLC will collect your billing address in order to complete the transaction, and mailing address of the recipient (if applicable) to complete shipment. Upon purchase, the Certificate shall be delivered electronically by e-mail and/or by postal services to you or to the recipient.
Certificates are redeemable through the Website for the specific Experience out of 1-5 suggested Experiences associated with the particular Certificate. In particular, the recipient is required to enter the unique Certificate Number on the Website from the delivery e-mail OR physical flier received via mail, and then will be prompted to either create an account or login to an existing account. The recipient will then be guided through the remainder of the redemption and booking process.
Except as explained in the below "Standard Purchaser Return and Refund Policy," all sales of Certificates are final. However, a recipient may exchange a Certificate in accordance with the conditions discussed below in "Exchanges."
Emotcia Certificate Expiration Date
Emotcia Certificate must be activated within 3 months of purchase. Emotcia Certificate is valid for 6 months from the date of activation. In the event the specific Experience is no longer available, the recipient may then change the Experience to another Experience within the received selection the Experiences. If there are no alternative Experiences the Experience may be redeemed for an alternate Experience that is currently available at the Website that is equal to or less than the original purchase price of the original Experience. An unactivated Experience Certificate may also be exchanged in accordance with the below "Exchanges" section.
Emotcia Balance (if any) is acquired after redeeming Emotcia Certificate. Emotcia balance can be used towards any future purchases from Emotcia LLС.
Emotcia Balance is issued in a dollar-denominated amount ranging from $1 to an infinite amount. The Emotcia Balance can be redeemed for Experiences only through the Website, and cannot be redeemed or exchanged for goods or services with any other merchant, entity or experience supplier. Such balances may only be redeemed toward future bookings at Emotcia LLC and are not redeemable for cash.
Emotcia Balance may be redeemed for Experience(s) of a lesser or greater value. If the chosen Experience(s) has a lesser value than the Emotcia Balance, the additional balance will be available to the recipient and may be used toward future Experience bookings. If the chosen Experience(s) has a greater value than the Emotcia Balance, the recipient must pay the difference with another form of payment.
Emotcia Balance has no expiration date.
Standard Purchaser Return and Refund Policy
If you wish to return an Emotcia Certificate you must do so within 48 hours of your purchase. All refunds must be requested by the original purchaser and will be made only to the original purchaser in accordance with the original payment method. If it has been longer than 48 hours since the purchase was made, then you may request a refund in the form of Emotcia Balance. Such balances may only be redeemed toward future bookings at Emotcia LLC and are not redeemable for cash. No refunds or exchanges are allowed once the Certificate is activated.
Once the service/experience is provided, any requests regarding refunds must be directed to the Experience Provider.
Recipients may exchange unactivated and unbooked Experiences at any time free of charge within the validity of the Emotcia Certificate time frame.
Should the recipient choose to exchange for a more expensive Experience, he or she will simply need to pay the price difference. Should he or she exchange for a less expensive Experience, the remainder will constitute an unredeemed Emotcia balance. Such unredeemed balances may only be redeemed toward future bookings of Experiences at Emotcia LLC and are not redeemable for cash.
Experience Cancellations & Rescheduling
Once you have booked an Experience according to the booking instructions, any cancellation and/or rescheduling is subject to the cancellation and rescheduling policies of the Experience Provider. If you fail to appear on your booked date or to cancel and rebook in accordance with the cancellation and rescheduling policy of the Experience Provider, (i) Emotcia LLC shall have no further obligation to you, (ii) you shall not be entitled to a refund or exchange, and (iii) your Experience will be considered fully redeemed and booked.
Lost or Stolen Certificates
Emotcia LLC shall not be responsible for the loss of, theft of, or damage to any Emotcia Certificate. Emotcia LLC shall not be responsible for the loss of any Emotcia Certificate or Emotcia Balance as a result of identity theft or fraud.
All Experiences are subject to availability and shall be booked in advance in accordance with the instructions found on the Website and/or in the confirmation email upon Certificated activation. Emotcia LLC makes no claim or guarantee as to the availability of any specific Experience. In the event that Emotcia LLC no longer offers or otherwise terminates or withdraws an Experience or Experience location, you shall be entitled to exchange the Experience for another Experience of equal or lesser value.
Certain Experiences are very weather dependent. You should not assume that weather conditions will result in a cancellation of a booked Experience. If you fail to appear for a booked Experience that has not actually been canceled by you or the Experience Provider, (i) Emotcia LLC shall have no further obligation to you, (ii) you shall not be entitled to a refund or exchange, and (iii) your Experience will be considered fully redeemed and booked. Always contact the Experience Provider with any questions regarding weather conditions. All Experiences canceled by the Provider due to weather conditions will be re-booked, subject to availability, without any further charge to you. Emotcia LLC shall not be responsible for any losses, damages, expenses or liabilities you incur in connection with a canceled Experience.
Emotcia LLC is not liable in an event if an Experience Provider cancels booked Experiences without notice for reasons including but not limited to weather, mechanical or equipment problems, malfunctions or unavailability, or venue issues. In such an event, you shall be entitled to re-book such Experience with the Experience Provider. Emotcia LLC shall not be responsible for any losses, damages, expenses or liabilities you incur in connection with a canceled Experience.
Disputes and Dispute Resolution
By visiting, accessing, using or browsing the Website, or by purchasing or redeeming an Emotcia Certificate or Emotcia Balance, or by booking an Experience, you agree that the laws of California, without regard to principles of conflict of laws, shall govern the conditions of use and such use will be construed in accordance with the laws of California, including all matters of construction, validity and performance.
Mandatory Binding Individual Arbitration. Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.
You and Emotcia LLC agree that any and all claims or disputes, whether at law or equity, in any way related to or concerning this Agreement or your purchase, acceptance or use of a Emotcia Certificate or Emotcia Balance, or your purchase of or participation in an Experience or your use of the Website, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration, except that you or Emotcia LLC may take claims to a small claims court if such claims qualify for hearing by a small claims court. This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Emotcia LLC and its affiliates. The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
This agreement to arbitrate shall survive termination of this Agreement.
Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an "award," and court review of an arbitration award is limited. An arbitrator may award on an individual basis the same damages and relief that a court can award under the law (including injunctive or declaratory relief and attorneys' fees).
Notwithstanding the above, you may choose to pursue your claim in court instead of arbitration. To opt out, call (442)279-1753. To be effective, you must opt out within 14 days from the date of your purchase, acceptance or use of an Emotcia Certificate or your purchase of or participation in an Experience, whichever is earlier.
CLASS ACTION WAIVER. You and Emotcia LLC agree that any proceedings under this Agreement, whether in arbitration or small claims court, will be conducted on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceeding as a private attorney general are not permitted.
JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, You and Emotcia LLC agree to waive the right to trial by jury.
Arbitration shall be conducted in accordance with the Arbitration Rules and Procedures of the selected Arbitration company.
Payment of all filing, administration and arbitrator fees will be governed by the Arbitration company Rule. Reasonable attorneys' fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.
Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the Arbitration company Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief).
Judgment on the award may be entered in any court of competent jurisdiction.
Costs and Expenses of any Subsequent Legal Action
In the event you or Emotcia LLC institutes any legal action to enforce or construe any of these Terms and Conditions (including in any arbitration or mediation), the non-prevailing party shall pay to the prevailing party the reasonable costs and expenses (including legal fees) incurred by such prevailing party in connection therewith.
Accuracy of Experience Descriptions & Website Content
Emotcia LLC reserves the right to delete, add to or otherwise change the description, terms and conditions and the prices for any Experience without prior notice. Emotcia LLC shall use commercially reasonable efforts to update the Website to reflect any deletions, additions or other changes to the description or price for any Experience; however, the Experience Provider shall be ultimately responsible for the accuracy of the description of the relevant Experience(s), including without limitation, the exact location, estimated duration, waiting times, instruction requirements, minimum and maximum number of other participants and any other limitations, restrictions or requirements related to the relevant Experience, such as age, height, physical condition, weather or other limitations, restrictions or requirements. Pictures and descriptions of Experiences included at the Website are strictly for illustrative purposes and might not accurately reflect the actual Experience.
Emotcia LLC makes reasonable efforts to ensure the accuracy and completeness of the material and information contained at the Website; however, the Website may contain technical inaccuracies or typographical errors. Emotcia LLC makes no warranties or representations as to its accuracy and assumes no liability or responsibility for any errors or omissions in the material or content contained in the Website. Emotcia LLC provides such content and material, including the text, graphics and links, to you “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or freedom from computer viruses.
No Liability for Providers of Experiences
All providers of Experiences (the "Providers") are independent and unaffiliated to Emotcia LLC. Emotcia LLC is not responsible for any matters related to the Providers, including without limitation, the actions or omissions of any Providers. Emotcia LLC makes no warranties or representations of any kind, either express or implied regarding any Experiences or the providers thereof. You acknowledge and agree that all experiences are subject to the terms and conditions of the relevant provider and you shall look solely to the relevant provider for any matters or complaints related to the experience.
Emotcia LLC shall not be liable for punitive, special, consequential, incidental or indirect damages of any kind or nature, including without limitation, lost profits, regardless of whether such liability is asserted on the basis of contract, tort, strict liability or otherwise, which relate to or are otherwise connected to any Experience or the actions or omissions of any Provider in connection with the same even if Emotcia LLC has been advised of the possibility of such damages.
By purchasing and/or redeeming an Experience, Emotcia Certificate, and Emotcia Balance you hereby release and forever discharge and promise not to sue or assert against Emotcia LLC and its subsidiaries, parents and affiliates and their respective members, managers. Officers, authorized representatives and agents, employeesfrom any and all claims, causes of action, damages, losses, liabilities, expenses and costs whatsoever that you or your heirs, successors, executors, administrators or other personal or legal representatives may have, including without limitation, all claims at law or in equity of every nature and kind, known and unknown, suspected or unsuspected, presently existing or which may arise in the future caused by, arising from, related to or otherwise attributable to the actions or omissions on the part of any provider or otherwise arising in connection with your purchase, redemption, booking, cancellation, exchange and/or participation in an Experience.
You may be required to execute a separate waiver and release of liability in form and substance satisfactory to the Provider before being permitted to participate in an experience.
Providers may or may not be covered by liability and/or property damage insurance, and even when a provider may have obtained such insurance, your participation in the provider’s experience may not be covered by such insurance.
Restrictions on Use Of the Website
Website use is restricted to persons 18 years old or older.
By accessing, using or browsing the Website, you agree not to use any device, software or other tool or process to interfere or attempt to interfere with the operation of the Website and not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website. In addition, you agree not to use any robot, spider or other software, device, tool or process to monitor or copy the pages or the material or content of this Website without the prior written consent of Emotcia LLC.
By accessing, using or browsing the Website, you agree that the information you provide to Emotcia LLC via the Website will not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate data or information.
By accessing, using or browsing the Website, you agree that Emotcia LLC may unilaterally terminate your rights of access to this Website without prior notice in the event that Emotcia LLC determines, in its sole discretion, that (a) you have violated these Terms and Conditions or have otherwise abused, misused or otherwise sought to damage the Website, Emotcia LLC or its other customers; (b) Emotcia LLC receives a bona fide request from law enforcement officials or officials from other government agencies; (c) Emotcia LLC experiences unexpected technical or security issues or problems; and (d) you have not visited the Website for an extended period of time. Such termination may entail the deletion of your password and account designation and all related information associated with the same; and a permanent or indefinite suspension of your rights to access, use or browse this Website.
Disclaimer and Limitation of Liability
You are accessing, using or browsing the Website at your own risk. Emotcia LLC and their respective members, managers, officers, authorized representatives, agents and employees assume no liability or responsibility for any viruses that may infect your computer equipment or other property as a result of you accessing, using or browsing the Website or downloading any materials or content contained in the Website. In addition, Emotcia LLC and their respective members, managers, officers, authorized representatives, agents and employees assume no liability or responsibility for any interruptions, defects, delays in operation or transmission or any access line or system failure. Neither Emotcia LLC and their respective members, managers, officers, authorized representatives, agents and employees nor any third party involved in the creation, development, production or hosting of this Website will be liable to you for punitive, special, consequential, incidental, or indirect damages of any kind or nature whether such liability is asserted on the basis of contract, tort or otherwise, even if Emotcia LLC has been advised of the possibility of such damages.
That recipient of Emotcia Certificate shall become subject to these Terms and Conditions upon the redemption of such Emotcia Certificate.
You shall indemnify, defend and hold harmless Emotcia LLC and their respective members, managers, officers, authorized representatives, agents and employees from and against all losses, expenses, liability, damages and costs, including legal fees and costs, resulting from your violation of these Terms and Conditions and/or your access, use or browsing of this Website.
In the event that any of these Terms and Conditions is found to be illegal or unenforceable, such terms shall be null and void and shall be deemed deleted from these Terms and Conditions, and all the remaining Terms and Conditions shall remain in full force and effect.
You represent and warrant that you have the legal right, power and authority to agree to these Terms and Conditions. You further agree that your access, use or browsing of this Website constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have validly entered into and accepted the terms of and otherwise authenticated your agreement with these Terms and Conditions and acknowledged and agreed that such agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding against you and is irrevocable and irrefutable by you.
Privacy and Redemption of Data
Copyright Terms and Conditions
The copyright to all materials and content contained in the Website is owned or licensed by Emotcia LLC unless otherwise set forth and may not be used by you except as set forth in these Terms and Conditions. You may only download material and content contained in the Website for non-commercial, personal use provided you do not remove or alter the copyright notices set forth therein. You may not use, alter, modify, distribute, transmit or re-post the material and content contained in this Website for public or commercial purposes without the prior written consent of Emotcia LLC.
Emotcia LLC Sole Property
Company’s name "Emotcia", the "Emotcia more than a gift" logo, the "EM" mini logo, and Emotcia’s “More than a gift” slogan are considered sole property of Emotcia LLC. You may not copy, use, redistribute or display Emotcia's slogans or Trademarks without the prior written consent of Emotcia LLC.