Flourish Salon Business Development, LLC
GIFT CARD TERMS AND CONDITIONS OF USE

These terms and conditions (“Terms and Conditions”) apply to Flourish Salon Business
Development, LLC (the “Company”) gift cards and gift certificates purchased via giftup.com
(“Gift Up”) or any other third party site that Company uses to provide gift cards or gift
certificates to consumers for purchase (“Gift Cards”).
By purchasing, accepting or using a Company Gift Card, and in consideration for your right to
use the Gift Card, you (“You”) agree to be to be bound by these Terms and Conditions and the
Company’s Terms and Conditions of Use (the “Company TOU”).
1. Gift Card Balance and Redemption
It is important for You to track your Gift Card balance. To view your Gift Card balance, visit
Gift Up or contact Gift Up at www.giftup.com . Purchases using your Gift Card are deducted
from your balance. Any unused balance will remain on your Gift Card. If a purchase exceeds
your Gift Card balance, the remaining amount must be paid with another payment method.
Gift Cards may only be redeemed toward the purchase of eligible goods and services provided
by the Company on https://brittseva.com/ .
2. Limitations / Restrictions
The following limitations and/or restrictions apply to the Gift Card:
a. Your Gift Card may only be used to purchase the Company’s goods and services;
b. The Gift Card is not refundable or redeemable for cash or credit, unless required by law;
c. Gift Cards cannot be reloaded, resold, used for payment outside of the Company, used for
authorized advertising, marketing, sweepstakes, promotional or commercial purposes;
returned for a cash refund (except to the extent required by law); or used in a manner
otherwise;
d. Purchase a Gift Card from an unauthorized third party as Company cannot guarantee that
the third party is legitimate;
e. Use a Gift Card to purchase other gift cards. The goods and services eligible for purchase
with Company’s Gift Card are subject to change in Company’s sole discretion. You are
not the intended recipient if You fraudulently deceived the purchaser into giving or
selling You a Gift Card;
f. Use a Gift Card for any illegal or unauthorized purpose.
The list of prohibited activities above are not intended to be a complete or exhaustive list of all
prohibited activities. Engaging in any activity, that in Company’s sole discretion, disrupts, or is
harmful to Company’s customers, reputation, goodwill, business, or operations is prohibited.
Engaging in any prohibited activities, or using a Gift Card in violation of these Terms and
Conditions may result in our taking action(s) against You, including, but not limited to,

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preventing You from claiming or redeeming Gift Cards, revoking Gift Card balances, or closing
Your account associated with our Gift Card Terms and Conditions.
3. Risk of Loss
Gift Cards must be obtained from Company or an authorized third party, and You are responsible
for safeguarding your Gift Card from unauthorized use. Company is not responsible if any Gift
Card is lost, stolen, or destroyed, or if your Gift Card is used without your permission. There are
a variety of Gift Card scams that request payment by Gift Card. Company is not responsible for,
and assumes no liability to You for, any unlawful conduct or fraud by any third party associated
with any Gift Card.
4. Use of any Gift Card in Violation of these Terms and Conditions
By using a Gift Card, You agree to comply with these terms and conditions, and not to use a Gift
Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to Company, its
affiliates, or its customers. Company reserves the right, without notice to You, to void Gift Cards
(including as a component of your Gift Card balance) without a refund, suspend or terminate
customer accounts, suspend or terminate the ability to use Company’s services, cancel or limit
orders, and bill alternative forms of payment if Company suspects that a Gift Card is obtained, or
used (or Your Gift Card balance is applied to a purchase) fraudulently, unlawfully, or otherwise
in violation of these Terms and Conditions.
5. General Terms
a. The funds on the Gift Card do not expire and no maintenance fees apply.
b. 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.
c. Company reserves the right to correct the Gift Card balance if Company believes that a
clerical, billing or accounting error has occurred.
d. Use of the Company’s services is subject to each Company's respective Terms and
Conditions of Use Agreement. Gift Card users must be 18 years of age or older.
e. Company reserves the right to change the terms of these Terms and Conditions at any
time or to contract with a third party to administer the Gift Cards. Any amendment to
these Terms and Conditions will be effective when posted on Company’s website.
f. Company reserves the right to require additional verification of Your identity, Gift Card
or account ownership, or provision of an additional payment instrument, before You are
able to apply a Gift Card to make a purchase. 
6. Disclaimer of Warranties; Limitation of Liability
A. WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN THE
COMPANY TERMS AND CONDITIONS OF USE AGREEMENT AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, COMPANY 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

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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.
B. IN ADDITION TO THE EXCLUSION OF DAMAGES SET OUT IN COMPANY’S TERMS
AND CONDITIONS OF USE AGREEMENT, YOU AGREE THAT COMPANY 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 COMAPNY 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 CERTIFICATE BEING SUSPENDED OR PROHIBITED
BECAUSE IT HAS BEEN REPORTED LOST OR STOLEN, OR COMPANY BELIEVES IT IS
BEING USED SUSPICIOUSLY OR FRAUDULENTLY OR IS BEING SUBJECTED TO
UNAUTHORIZED USE; (D) THROUGH NO FAULT OF COMPANY’S, YOUR NOT
HAVING SUFFICIENT FUNDS ON A GIFT CARD TO COVER A TRANSACTION; OR (E)
INABILITY TO USE A GIFT CARD BECAUSE COMPANY’S THIRD PARTY GIFT CARD
DISTRIBUTOR’S SYSTEM IS NOT WORKING PROPERLY. YOU AGREE THAT
COMPANY AND OUR AFFILIATES ARE NOT RESPONSIBLE FOR ANY INTERRUPTION
OF SERVICE. NOTWITHSTANDING THE FOREGOING AND THE DISCLAIMER OF
WARRANTIES IN THE COMPANY’S TERMS AND CONDITIONS OF USE AGREEMENT
AND IN THESE TERMS AND CONDITIONS, IN THE EVENT THAT COMPANY OR
COMPANY’S 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 REMAINING BALANCE OF YOUR GIFT CARD.
7. Legal Disputes.
These TOU shall be governed by and construed in accordance with the laws of the State of
California without giving effect to its conflict of laws principles. The state and federal court
nearest to San Mateo, California shall have exclusive jurisdiction over any case or controversy
arising from or relating to the Gift Card, including but not limited to the Company’s Privacy
Policy or Company’s TOU. By using and/or purchasing the Gift Card, You hereby submit to the
exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction
in such courts and waive any defense of forum non conveniens. The prevailing party in any
dispute between the parties arising out of or related to these Terms and Conditions, whether
resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees
and costs from the other party.