FLOSPORTS GIFT CARD TERMS AND CONDITIONS

Last Modified: November 28, 2023

 

1. Preamble

The following FloSports Gift Card Terms and Conditions (“Agreement:)”) describes the terms and conditions that apply to using, loading, or purchasing FloSports, Inc. (“FloSports,” “us,” “we,” “our”) gift cards, gift certificates, merchandise cards and promotional/loyalty/incentive/rewards cards, including plastic/paper cards and credits and digital/electronic cards, codes and credits (collectively, the “Cards”). By purchasing, accepting, loading, or using your (“you,” “your”) Card, you agree to be bound by this Agreement.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

SECTION 18 CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND FLOSPORTS MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST FLOSPORTS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.

BY PLACING AN ORDER TO PURCHASE A CARD, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE A CARD ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN A CARD IF YOU ( A ) DO NOT AGREE TO THESE TERMS, ( B ) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH FLOSPORTS, OR ( C ) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

 

2. About Your Card

The Card is a prepaid Card loaded with a specific amount of funds, redeemable to buy goods and services at FloSports.tv ONLY. No additional funds may be added to this Card. The Card is NOT a credit Card. The Card is not a checking account or connected in any way to any account other than a stored value account where your funds are held. The value on your Card is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.

3. Eligibility

Cards are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use Cards under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.

4. Undelivered Cards

We are not responsible for Cards that are undeliverable or not received due to your failure to enter an accurate email address. If you have provided a correct email address, but the email containing the Card has not been received within a reasonable period, the following is a list of the most common reasons why delivery may have failed:

• Spam filter blocked email or routed it to a bulk/spam folder
• Recipient’s firewall blocked the email
• Email inbox is over size limit
• Invalid email address

Please contact our Customer Support in the event a Card remains undelivered or not received.

5. eGift Card

Our eGift Card (“eGift”) program allows you to purchase and send a virtual Card via email. You may choose the dollar value (within certain limits) and complete your purchase using a credit card, debit card, or certain other electronic payment methods. You may choose when to have your eGift delivered, either the same day, provided that your form of payment is approved, or at a future date. You authorize us to charge your credit card, debit card or other chosen electronic payment method at the time you purchase your eGift regardless of the date you choose for delivery.

The recipient will have the option of adding the eGift to their new or existing FloSports account. We will also send you an email confirming receipt of your eGift when the recipient opens the eGift email. An eGift should be treated like cash by the recipient.

6. Not for Resale

Cards cannot be resold (or sold, in the case of store credits or promotional/loyalty/incentive/rewards Cards). Cards are valid only if obtained at a FloSports website or authorized third-party distributor. Cards are not valid and will not be honored, and we will not be liable, if obtained from unauthorized sellers or resellers, including through Internet auction sites.

7. Balance Inquiry and Corrections

For Card balance inquiries, please contact our Customer Support set forth in the Contact section. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.

We will correct the balance of your Card if we believe that a clerical, billing, or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you wish to dispute any transaction or correction that has been applied to your Card, please contact our Customer Support. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the transaction in question.

8. Fees and Expiration

Cards do not expire. No fees for inactivity or service fees apply. We reserve the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check or other failure of consideration.

9. No Refunds or Returns

No refunds or returns are permitted with respect to Cards.

10. Redemption

Cards are redeemable only for purchases of goods or services through the FloSports website. Cards are not debit or credit cards. Cards have no cash value and may not be redeemed for cash (except as required by law). Cards are not redeemable to purchase another Card or towards previously purchased goods or services.

11. Reloads

Gift Cards may not be reloaded with value.

12. Transfers

Cards may be transferred (i.e., given) to another person. Card balances may not be combined, transferred, or otherwise reduced except through redemption for purchases.

13. Lost, Damaged or Stolen Card; Cards Used Without Authorization

The value of any lost, damaged or stolen Cards, or any Cards used without authorization, will not be replaced or replenished without original proof of purchase. The value replaced will be equal to the remaining balance on the Card at the time of replacement.

14. Termination and Suspension

We reserve the right, in our sole discretion, to limit your use of the Card. We may refuse to issue a Card or we may suspend or terminate Card privileges with or without cause or notice, other an as required by applicable law. Termination may result from your fraudulent or unauthorized use of the Card including your failure to provide valid information. You may terminate this Agreement by returning the Card to us by contacting our Customer Support. You agree not to use or allow others to use a revoked, canceled, suspended or otherwise invalid Card. Termination of your Card privileges will not otherwise affect your or our rights and obligations arising under this Agreement prior to termination. Unless we have suspended or terminated your Card privileges based on our belief that your use of the Card may violate the terms of this Agreement or represents illegal or fraudulent activity, you may request a refund of any remaining balance on your Card by contacting Customer Support.

15. Disclaimer

FLOSPORTS AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE 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. WE DO NOT REPRESENT OR WARRANT THAT YOUR CARDS WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.

16. Limitation of Liability

TO THE EXTENT PERMISSIBLE BY LAW IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS, REVENUE OR USE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF ( A ) WHETHER SUCH DAMAGES WERE FORESEEABLE, ( B ) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND ( C ) THE LEGAL OR EQUITABLE THEORY (PRODUCT LIABILITY, STRICT LIABILITY, CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL FLOSPORTS OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A CARD THROUGH ACCIDENT, MISUSE OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE LAST BALANCE ON THE CARD.

The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement.

17. Indemnification

You agree to indemnify, defend and hold harmless FloSports and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of this Agreement.

18. Disputes

Arbitration

Any dispute, controversy, or claim between us arising out of or relating in any way to this Agreement or purchase of any Gift Card will be resolved by binding arbitration, rather than in court, except that you or us may assert claims in, or transfer claims to, small claims court if the claims qualify, as long as it is maintained as an individual claim. The Federal Arbitration Act and federal arbitration law shall apply to this arbitration agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).

Before beginning an arbitration proceeding, the initiating party must send an individualized letter to the other party, signed personally, identifying itself by full name and address, the legal claims and factual assertions, the requested relief and requesting arbitration. You may email this correspondence to legal@flosports.tv or mail it to FloSports, Inc., Attn: Legal Department, 301 Congress Avenue, Suite 1500, Austin, TX 78701. Except as otherwise stated herein, if we cannot resolve our dispute within thirty (30) days of service of the individualized letter, the arbitration may be initiated by either party and will be conducted by National Arbitration and Mediation (namadr.com). We also agree to delegate the issue of arbitrability to an arbitrator. The party initiating or fling an arbitration is responsible for payment of all filing and case management fees; however, arbitrator and all other administrative fees will be governed by the arbitration tribunal’s rules relating to consumer disputes. If you are a prevailing party, you may seek reimbursement of your fees and costs. However, FloSports may seek and shall be entitled to its attorneys’ fees and costs if the arbitration finds your claims to be frivolous. There will be only one arbitrator, not a panel. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. The arbitration proceedings will be governed by the Federal Rules of Civil Procedure and Federal Rules of Evidence. 

Class Action Waiver

We each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, consolidated, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis.

Jury Trial and Small Claims Court

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. 

Any claims arising in connection with your purchase of a gift Card must be brought within one (1) year of the event giving rise to such action occurred; however, this period shall be tolled for the 30-day pre-filing notice period above.

19. Updates to Terms and Conditions

This Agreement was last updated on the date set forth above. We may update this Agreement at any time. We recommend that you check this Agreement periodically for changes.  In the event of a conflict between this Agreement and the FloSports Terms of Service, this Agreement will govern.

20. Privacy Policy

Please review our Privacy Policy (“Privacy Policy”) which is incorporated herein and which also applies to your purchase of a Card.

21. Contact

If you have any questions, comments or notices regarding this Agreement, please email us at support@flosports.tv or visit https://support.flosports.tv/s/.

22. General

This Agreement shall be governed by the laws of the State of Texas and you agree to submit to the exclusive jurisdiction of the courts of Travis County, Texas in respect of any disputes arising under or in connection with this Agreement. This Agreement shall constitute the entire agreement between you and FloSports. With the exception of the arbitration agreement, if any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and FloSports’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. We may assign all or part of this Agreement without notice to you. We are then released from all liability. Except as otherwise permitted in this Agreement, you may not assign this Agreement without our prior written consent and any attempted assignment will be void. You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Card, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions. We reserve the right to seek all remedies available at law and in equity for violations of this Agreement.