Clout Magazine Gift Card Terms and Conditions

Last Updated: January 8, 2024

Clout Magazine Digital Gift Cards are issued by Clout Magazine LLC, a California corporation. These terms and conditions (the “Gift Card Terms”) apply to all digital and physical Gift Cards (each a “Gift Card” or collectively, "Gift Cards") purchased, obtained, redeemed, or used in the United States and its territories. Your purchase, acceptance, or use of a Gift Card constitutes your agreement to follow and be bound by these Gift Card Terms. “Clout Magazine”, “we”, and “our” means Clout Magazine or its affiliates.

Gift Cards are redeemable towards the purchase of eligible goods and services online at www.cloutmagazine.com and www.cloutonline.com. Eligible goods and services, and affiliated properties, are subject to change in our sole discretion. If a purchase exceeds the balance on your Gift Card, the remaining amount must be paid with another payment method. Upon redemption, any unused balance will remain on the Gift Card for future purchases.

Gift Cards cannot be returned; resold; cancelled; used to purchase other Gift Cards; used for unauthorized advertising, marketing, sweepstakes, promotional, or commercial purposes; redeemed for more than face value; transferred for value; or redeemed for cash or returned for a cash refund (except to the extent required by law).

Gift Cards do not expire, and there are no fees associated with any Gift Cards.

If you violate these Gift Card Terms, we suspect or believe that a Gift Card was obtained, used, or applied to a purchase fraudulently, unlawfully, or otherwise in violation of these Gift Card Terms, or use any Gift Card in a manner that we suspect or believe is fraudulent, misleading, deceptive, unfair, or otherwise harmful to Clout Magazine, its affiliates, or its customers, we reserve the right, without notice to you, to cancel, hold, void, or refuse to accept such Gift Cards without a refund, suspend or terminate accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment.

Title and risk of loss for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or the designated recipient, our delivery to the carrier, or at the time of purchase for in-person transactions, whichever is applicable. Gift Cards must be obtained from Clout Magazine or an authorized third party. You are responsible for safeguarding your Gift Card from unauthorized use. Clout Magazine will not be responsible if any Gift Card is lost, stolen, destroyed, or used without your permission. Clout Magazine 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.

GIFT CARDS ARE PROVIDED ON AN 'AS IS' BASIS. WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN NIKE’S TERMS OF USE AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT A GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR VENDORS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE GIFT CARDS OR USE OF SUCH GIFT CARDS. IN THE EVENT THAT WE ARE FOUND LIABLE TO YOU AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD.

Any dispute between you and Clout Magazine involving Gift Cards will be governed in all respects by California law, without regard to its or any other jurisdiction’s choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.

Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to Gift Cards (including purchases made with such Gift Cards) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Santa Clara County, California, USA.

You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Santa Clara County, California.

We reserve the right to make changes to these Gift Card Terms, at any time without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that term and condition shall be deemed severable and will not affect the validity and enforceability of any remaining terms or conditions.