These Gift Card Terms are between you and The Flame Broiler, Inc. (“Flame Broiler”, “us” or “we”) and govern your use of a Flame Broiler gift card (“Gift Card”). When you purchase, receive or use a Gift Card, you agree to these terms. Please keep a copy of these Gift Card Terms for your records.
1. USING THE GIFT CARD
The Gift Card can be used to purchase goods and services (but not other Gift Cards) at participating Flame Broiler locations, up to but not exceeding the dollar amount on the Gift Card at the time of purchase. Unless otherwise required by law, the Gift Card, and any dollar amount on the Gift Card, is nonrefundable and may not be redeemed for cash. You do not earn any interest, dividends or any other earnings on any dollar amount on the Gift Card, and such dollar amount is not insured by the Federal Deposit Insurance Corporation (FDIC) or any other governmental or quasi-governmental agency.
We reserve the right not to accept the Gift Card or otherwise limit use of the Gift Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
2. ADDING FUNDS TO THE GIFT CARD
You can load a dollar amount to the Gift Card by credit card, debit card or cash at any participating Flame Broiler location. You may not load, or have a balance exceeding, $500 on the Gift Card at any time. The minimum amount each time you load your Gift Card is $5. We may change the maximum and minimum amounts at any time without notice to you.
3. FEES AND EXPIRATION
There are no fees associated with the Gift Card, including when you load or use of the Gift Card. The Gift Card and the dollar amount on the Gift Card do not expire.
4. GIFT CARD BALANCES
You can check the balance of your Gift Card by visiting any participating Flame Broiler location, calling 877-654-6937 or online by clicking here. You need your full Gift Card number available in order to view your balance. Your Gift Card balance will also appear on your receipt if you use the Gift Card to make a purchase. Keep your receipts to ensure that your Gift Card balance is correct. If you have questions regarding your balance, or if you dispute any transaction or balance information, please call 877-654-6937.
Gift Cards are valid only if obtained from participating Flame Broiler locations or an authorized third-party distributor. Gift Cards may not be resold except as permitted by law. Gift Cards are not valid, will not be honored, and we will not be liable if obtained from unauthorized sellers or resellers, including through Internet auction sites or if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
6. LIABILITY FOR UNAUTHORIZED TRANSACTIONS
You are responsible for all use of the Gift Card, including unauthorized transactions. Flame Broiler is not responsible for lost, stolen or damaged cards or unauthorized use. If the Gift Card is lost, stolen or destroyed, it cannot be replaced. Safeguard your Gift Card like cash.
7. CHANGES TO THESE GIFT CARD TERMS
We may amend these Gift Card Terms at any time, including any rights or obligations you or we may have. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised agreement to our website or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to future and existing Gift Cards. You are deemed to accept the changes, additions or deletions if you use your Gift Card after we post the revised terms.
8. CANCELLATION OF THESE GIFT CARD TERMS
We may suspend or terminate your Gift Card, these Gift Card Terms or the Gift Card program, and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. We may terminate your Gift Card account due to your fraudulent or unauthorized use of the Gift Card.
9. ARBITRATION RIGHTS
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Gift Card Terms.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to these Gift Card Terms or your use of the Gift Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
10. ARBITRATION PROCEDURES
You must first present any claim or dispute to us by contacting us at 877-654-6937 to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with JAMS as modified by these Gift Card Terms. The JAMS Rules and information about arbitration and fees are available upon request from JAMS via online at jamsadr.com. You and we agree that these Gift Card Terms evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in Orange County, California, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what these Gift Card Terms provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the JAMS Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the JAMS Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
Costs of Arbitration
All administrative fees and expenses of an arbitration will be divided equally between you and us, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
Waiver of Punitive Damage Claims and Class Actions
By these Gift Card Terms, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
11. GOVERNING LAW – CALIFORNIA
These Gift Card Terms shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of law rules. Your Gift Card is issued by The Flame Broiler, Inc. 1538 E. Warner Ave., Suite E, Santa Ana, CA 92705.
12. DISCLAIMERS AND LIMITS OF LIABILITY
Flame Broiler and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to 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. Flame Broiler does not represent or warrant that your Gift Card will always be accessible or accepted. In the event that Flame Broiler or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Gift Card. Flame Broiler and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with these Gift Card Terms, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Flame Broiler or its affiliates have any liability for 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, or as a result of any delay or mistake resulting from any circumstances beyond our control.
The laws of certain states or other jurisdiction 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 these Gift Card Terms. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
We may assign all or part of these Gift Card Terms without such assignment being considered a change to the agreement, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of these Gift Card Terms.
© 2019 The Flame Broiler, Inc.