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Walmart eBooks by Rakuten Kobo Digital Card Terms and Conditions

Walmart eBooks by Rakuten Kobo Digital Card Terms and Conditions

Last Revised 8/13/18
 

PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE MANDATORY ARBITRATION WITH WAIVER OF CLASS ACTION LITIGATION AND JURY TRIAL. SEE BELOW. YOUR USE OF WALMART EBOOKS BY RAKUTEN KOBO DIGITAL CARDS INDICATES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.
 
General. These Digital Card Terms and Conditions (“Terms and Conditions”) are provided by Rakuten Kobo Inc. and are applicable to Walmart eBooks by Rakuten Kobo digital cards ("Digital Cards").  These Terms and Conditions are in addition to the Terms of Use and Privacy Policy applicable to the kobo.com website. By using a Digital Card, you agree to these Terms and Conditions. 

Walmart eBooks by Rakuten Kobo digital cards (“Digital Cards”) may only be used by individuals residing in the United States of America and redeemed only at www.kobo.com/redeem. Redemption of a Digital Card requires a valid Walmart eBooks account and transfer of full card value into your account. There is no charge to open a Walmart eBooks account. See instructions on how to open an account at Terms of Use.

Digital Cards are redeemable for select digital products or subscription services sold by Walmart eBooks by Rakuten Kobo (excluding, but not limited to, devices, accessories and other gift cards). 
 
Limitations. Except where permitted by law, Digital Cards cannot be reloaded, replaced, returned, refunded, exchanged, transferred, resold, or redeemed for cash. 

Digital Card Balances. Upon redemption of any Digital Card, the full value of the card is loaded to your account. Users may not elect to redeem a portion of a Digital Card to their account at different times. Therefore, Digital Cards will not have outstanding balances once redeemed. If you want to view your redemption history, subscription status, account balance, or other key account information, please visit: https://secure.kobobooks.com/profile 

No Expiration. Digital Cards do not expire. There are no dormancy, inactivity or service fees associated with the Digital Cards. 

Terms Related to Specific Digital Cards: 

Digital eBook Cards and Digital Audiobook Cards.
This card is redeemable only for the specific digital content indicated on the Digital Card. The card is not valid until purchased and activated at the register where a redemption code for the title will be provided. The redemption code is needed to redeem the specific digital content from www.kobo.com/redeem, so please be sure to keep your receipt from the register until you have used your redemption code. Upon redemption, the specific digital content will be available through your Walmart eBooks account.  This card is not redeemable for the Walmart eBooks by Rakuten Kobo Audiobook subscription service.

Digital Audio Subscription Cards. 
This card is redeemable only in respect of Walmart eBooks by Rakuten Kobo Audiobook subscription service monthly fees on kobo.com. Upon redemption of a Digital Audiobook Subscription Card to your Walmart eBooks account, you will begin a 3, 6, or 12-month subscription to the Walmart eBooks by Rakuten Kobo Audiobook service. This card may only be redeemed at kobo.com/redeem. 

Digital Audiobook – 3 Instant Credits.
This card may only be used by active subscribers of the Walmart eBooks by Rakuten Kobo Audiobook subscription service. Upon redemption of this card to a Walmart eBooks account through kobo.com/redeem, three (3) audiobook credits will be added to the subscriber’s account. If you do not have an existing audiobook subscription in your account, you will be prompted to commence an audiobook subscription. Audiobook subscription credits are only redeemable for audiobook content. This card may only be redeemed at kobo.com/redeem.
 
Compliance with Laws. By purchasing Digital Cards, you are certifying and representing that the activities in connection with which the Digital Cards will be used will comply with these Terms and Conditions, the Terms of Use and Privacy Policy applicable to the kobo.com website, and all applicable laws, rules and regulations, and that the Digital Cards will not be used in any manner that is misleading, deceptive or unfair.  In addition, you agree to defend and indemnify Rakuten Kobo Inc., and Wal-Mart Stores, Inc. and their subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Digital Cards or violation of any of these Terms and Conditions.

Lost, Stolen or Damaged Digital Cards. Lost, stolen or damaged cards will not be replaced. Neither Rakuten Kobo Inc. nor Wal-Mart Stores, Inc. shall have any liability to you for (i) lost, stolen or damaged Digital Cards or (ii) use of any Digital Cards by third parties through your Walmart eBooks account. You are solely responsible for keeping the password for your Walmart eBooks account safe and for any activity conducted under your account. Rakuten Kobo Inc. is authorized to act on instructions received through use of your account and is not responsible for any loss or damage arising from your failure to comply with this Section.  

Governing Law. When you purchase, receive, or redeem a Digital Card, you agree that the laws of the State of New York, without regard to principles of conflict of laws, shall govern these Terms and Conditions, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act. 

Disputes.You agree that any dispute between you and Rakuten Kobo Inc. arising out of or relating to these Terms and Conditions or any Digital Card will be decided only by binding arbitration, individually and not on a class-wide basis.  Any arbitration will be administered by the American Arbitration Association ("AAA") and will take place in New York, New York, U.S.A., pursuant to the Commercial Arbitration Rules of the AAA, see https://adr.org/sites/default/files/Commercial%20Rules.pdf

Waiver of Class Action Litigation: You knowingly waive any right or authority to participate in any form of “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”) against Rakuten Kobo Inc. or any of its affiliates or representatives.  You agree that to the fullest  extent permitted by law:  (1) no claims by you shall be joined or consolidated with any other and you shall not participate in any claim brought by others; (2) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (3) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.  

Waiver of Jury Trial: YOU AND RAKUTEN KOBO INC. HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY WITH REGARD ANY DISPUTE, CLAIM, QUESTION, OR DISAGREEMENT ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THESE TERMS AND CONDITIONS.  You agree that no judge or jury will be involved in an arbitration, and you waive the right to present your case or have it decided by a judge or jury.  If for any reason any part of a dispute is to be decided by a court rather than arbitration, you waive any right to trial by jury.
Any cause of action or claim you may have with respect to these Terms and Conditions or Rakuten Kobo Inc. or its affiliates or representatives must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

Changes to these Terms and Conditions. Rakuten Kobo Inc. may revise or update these Terms and Conditions from time to time. You should check the Terms and Conditions regularly for updates. You can determine when the Terms and Conditions were last revised by referring to the “Last Revised” legend at the top of this page. Any changes will take effect upon posting and only apply after that date. Each time you access or use your account or redeem a Digital Card, you signify your acceptance of the then-current Terms and Conditions.
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