GIFT SUBSCRIPTION PROGRAM
TERMS AND CONDITIONS
1. Gift Subscription Program. The Gift Subscription Program (the “Gift Subscription Program”) is a promotional program sponsored by Gaia, Inc. (“Gaia”) that will allow [an individual] [an existing Gaia subscriber] (a “Purchaser”) to purchase a three- or twelve-month Gaia tier or a twelve month Events+ tier subscription (a “Subscription”) as a gift to an individual [who is not a current Gaia subscriber] (the “Gift Recipient”).
2. Eligibility. Participation in the Gift Subscription Program is available to Purchasers who are (i) 18 years of age or older as of the date of participation and [(ii) current Gaia subscribers]. All Gift Recipients must be 18 years or older [and not be a current Gaia subscriber]. The Gift Subscription Program is offered at the discretion of Gaia and participation in the Gift Subscription Program is subject to these Terms and Conditions. All decisions of Gaia, or its designated agent, are final and legally binding in all respects.
By participating in the Gift Subscription Program, each Purchaser represents and warrants that (i) Purchaser has read, understands and unconditionally accepts these Terms and Conditions, as they may be modified from time to time without notice to the Purchaser and (ii) Purchaser meets each of the eligibility requirements set forth in these Terms and Conditions.
3. Purchase of Subscription. To purchase a Gift Subscription, Purchaser must go to www.gaia.com/gift (the “Website”) and choose the desired Subscription. The cost of each Gift Subscription is noted on the order form. Purchaser must [login to his or her Gaia account and] provide payment information in order to purchase a Gift Subscription. When purchasing a Gift Subscription, Purchaser can (i) provide the Gift Recipient’s email so Gaia can send an email (either same day or up to six months in the future, as requested by Purchaser) notifying Gift Recipient of the Gift Subscription and all the necessary information to redeem, or (ii) choose not to provide the Gift Recipient’s email, and Gaia will provide a redemption link at the end of purchase that can be used by Purchaser to text or email the Gift Subscription and related information directly to the Gift Recipient. Gift Subscriptions are non-refundable. [Note: To be used if gift subscription is available to current subscribers. In the event a current Gaia tier subscriber receives a Gift Subscription, it will be added to the current term of the applicable subscription, and if a current Events+ tier subscriber receives a Gaia tier Gift Subscription, the Events+ subscription will extend two months for a three month Gaia tier Gift Subscription or four months for a twelve month Gaia tier Gift Subscription.]
4. Redemption/Activation Deadline. The Gift Subscription must be sent to the Gift Recipient no later than six months of purchase from Gaia. The Gift Recipient must activate the Gift Subscription within twelve months of the Purchaser’s purchase. If the Gift Subscription is not sent or activated, as applicable, within these time periods, it will not be able to be activated or used in the future. No credit or refund will be issued for any Gift Subscription that is not timely sent or activated.
5. Activation. In order to activate the Gift Subscription, each Gift Recipient must [log in to their existing Gaia account or] set up an account with Gaia (the Account”) on the Website by following the link in the email notifying of the Gift Subscription and agree to Gaia’s Terms of Service. Each Gift Recipient is responsible for the accuracy of the registration data provided to Gaia. Once activated, the term of the Gift Subscription starts and will expire at the end of the Gift Subscription period. After such time, Gift Recipient may continue their membership by purchasing a regular, recurring Gaia subscription and providing Gift Recipient’s payment information. [In the event current Gaia subscribers redeem a Gift Subscription, their membership will automatically renew at the end of the current subscription term using their existing payment information.]
6. Restrictions and Limitations. Gift Subscriptions have no cash value and may not be redeemed or refunded for cash. Except as otherwise provided in these Terms and Conditions, the use and activation of Gift Subscriptions cannot be combined with any other offer or discount. The Gift Subscription can only be redeemed once. Gift Subscriptions may not be assigned, sold, bartered, traded, exchanged, given away or otherwise transferred (by contract, death, divorce or operation of law or otherwise). Gaia reserves the right to revoke and/or not honor a Gift Subscription that has been transferred or sold. Gaia may take any legal action as it deems necessary in its sole discretion if Gaia suspects that a Purchaser or Gift Recipient is transferring or selling Gift Subscriptions. If a Gift Subscriptions is incorrectly credited to an Account due to a programming error or otherwise, Gaia reserves the right to adjust or reverse such a transaction.
7. Change to the Gift Subscription Program. Gaia reserves the right to alter or modify the Gift Subscription Program and these Terms and Conditions at any time, at its sole discretion, without prior notice, including, without limitation, the right to add, modify, cancel, delete or otherwise change (i) the types of Gift Subscriptions available, (ii) the cost of the Gift Subscriptions, and (iii) the time period to activate the Gift Subscription. Changes to the Gift Subscription Program and these Terms and Conditions will be posted on the Website. Purchaser’s continued participation in the Gift Subscription Program following any such changes constitutes Purchaser’s acceptance of such changes. Purchaser is responsible for remaining knowledgeable as to the terms of the Terms and Conditions, as amended from time to time.
8. Suspension or Termination of the Gift Subscription Program. The Gift Subscription Program will continue until terminated and/or suspended by Gaia pursuant to these Terms and Conditions. Gaia reserves the right to suspend or terminate the Gift Subscription Program at any time, for any reason, in its sole discretion, upon written notice given on the Website. Suspension or termination will not affect a Purchaser or Gift Recipient’s ability to use a Gift Subscription already purchased.
9. Termination of Purchaser’s Participation. Gaia reserves the right to discontinue participation in the Gift Subscription Program (i) for any Purchaser who acts or is reasonably suspected of acting in any manner which is inconsistent with or violates these Terms and Conditions or is in violation of federal, state or local laws, statutes or ordinances, or (ii) if there are reasonable grounds for suspecting fraud, theft, or dishonesty in connection with the Gift Subscription Program, as determined by Gaia in its sole discretion. Such discontinued participation may result in the loss, revocation and/or cancellation of a Gift Subscription purchased but not yet given. Gaia shall also have the right to take appropriate administrative and/or legal or equitable action available under applicable law, as it deems necessary in its sole discretion.
10. Disclaimer of Warranty. The Gift Subscription Program is offered “as is” and “as available”. Gaia makes no warranties express or implied with respect to the Gift Subscription Program and related Gift Subscriptions, and Gaia hereby expressly disclaims all warranties, express or implied, regarding the Gift Subscription Program and any Gift Subscription, including, but not limited, to any warranties of merchantability, fitness for a particular purpose, title or non-infringement.
11. Indemnification and Limitation of Liability. Each Purchaser shall indemnify and hold harmless Gaia and its subsidiaries, and each of their respective owners, officers, directors, employees, representatives and agents (collectively, the “Released Parties”) against any liability for any injuries, losses, claims, losses, damages, costs or expenses of any kind, including, without limitation, court costs and attorney’s fees, to persons, including personal injury or death, or property, arising in whole or in part, directly or indirectly (i) from participation in the Gift Subscription Program or Gift Subscription-related activities, (ii) acceptance, possession, misuse or use of any Gift Subscription or (iii) any actual or alleged violation or breach by a Purchaser of these Terms and Conditions or applicable law. Each Purchaser agrees that the Released Parties will have no liability or responsibility whatsoever for, and shall indemnify and hold harmless, direct, indirect, incidental, consequential, or punitive or exemplary damages. The Released Parties are not responsible if any Gift Subscriptions cannot be awarded or used. This section of the Terms and Conditions will survive termination of a Purchaser’s participation in the Gift Subscription Program.
12. Disclaimer of Liability. The Released Parties will not be responsible for (i) incorrect or inaccurate transcription, registration or transmission of a Gift Recipient’s contact information, (ii) any human error, (iii) interrupted, inaccessible or unavailable networks, servers, satellites, internet service providers, websites, cellular towers or equipment, computer systems or equipment, or other connections, availability or accessibility problems; (iv) failed, jumbled, delayed, or misdirected computer, telephone or cable transmissions; (v) any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any Gift Subscription; (vi) the incorrect or inaccurate capture of information, or the failure to capture any information; or (vii) viruses or bugs or other problems, malfunctions of any computer systems, equipment or software, the failure of e-mail on account of technical problems or traffic congestion on the Internet, on the Website or at any website or combination thereof, including, problems, injury or damage to a Purchaser’s, Gift Recipient’s or any other person’s or entity’s computer system or cellular phone related to or resulting from accessing the Gift Subscription Program, downloading any materials or participating in the Gift Subscription Program.
14. Intellectual Property. All trademarks, copyright and other intellectual property used in connection with the Gift Subscription Program (including words, names, logos, official colors, fonts and uniforms used to identify Gaia) are intellectual property assets, registered or otherwise, of, or used under license by, Gaia or its affiliates. All are recognized as valuable assets of their respective owners and may not be displayed or used by Purchaser in any manner for commercial purposes or copied in any manner for any purpose without the express prior written permission of Gaia.
15. Disputes/Choice of Law. This Gift Subscription Program shall be governed by the internal laws of the state of Colorado, without regard to its conflicts of laws, rules or policies. Except as expressly set forth herein, Gaia and each Purchaser agree that any dispute, claim or controversy arising from or relating to these Terms and Conditions or participation in the Gift Subscription Program shall be resolved by binding arbitration conducted in Boulder, Colorado, conducted by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (excluding any rules that govern or permit class actions). The parties acknowledge and agree that each has chosen arbitration rather than litigation to resolve any such dispute, claim or controversy. The parties understand that a judgement on any arbitral award may be entered any court having jurisdiction. No arbitration under these Terms and Conditions shall be consolidated with any other arbitration. Except as set forth herein, these Terms and Conditions provide for the exclusive resolution of disputes through individual arbitration on Purchaser’s own behalf. Even if the applicable law provides otherwise, Purchaser agrees that any arbitration against Gaia or its affiliates shall be arbitrated by Purchaser on an individual basis and not as a member of any class or as part of a class or representative action, and Purchaser expressly agrees to waive any law entitling Purchaser to participate in a class action. Notwithstanding the foregoing, the arbitrator shall have no jurisdiction over disputes relating to the ownership, validity, use or registration of any intellectual property or confidential information of Gaia without Gaia’s prior written consent. Gaia may seek any applicable remedy in any applicable forum with respect to these disputes. In addition to monetary damages, Gaia may obtain injunctive relief against a Purchaser for any violation of the terms and conditions or misuse of Gaia’s trademarks, copyrights or confidential information. Nothing in this provision shall prevent Gaia from applying to an obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction and/or other injunctive or emergency relief available to safeguard and protect Gaia’s interests prior to the filing of or during or following any arbitration or other proceeding or pending the handing down of a decision or award in connection with any arbitration or other proceeding. Any modification of this arbitration provision shall not apply retroactively to any dispute which arose or which a party had notice of before the date of modification. Each party is responsible for its own costs and expenses of arbitration, including filing and legal fees.
17. Entire Agreement. These Terms and Conditions constitute the entire understanding between Gaia and each Purchaser with respect to the Gift Subscription Program and supersede any and all prior communications, whether written or oral.
18. No Waiver. Gaia’s waiver of any breach of these Terms and Conditions shall not constitute a waiver of any other prior or subsequent breach of these Terms and Conditions. Its failure to insist upon strict compliance with these Terms and Conditions shall not be deemed a waiver of any rights that it may have against a Purchaser.
19. Severability. If any provisions of these Terms and Conditions are determined to be invalid or unenforceable, the remaining provisions of these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein.
20. Force Majeure. Neither Gaia nor the Promotional Entities are responsible or liable to any Purchaser or Gift Recipient or any person claiming through such Purchaser or Gift Recipient for the inability to purchase or participate in the Gift Subscription Program, or for failure to supply or the inability to purchase or use the Gift Subscription or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Gaia’s or Promotion Entities’ control.