The following Fantastic Sams Gift Card Terms and Conditions (this “Agreement”) describe the terms and conditions that apply to use of Fantastic Sams gift cards (“Card(s)”) in the United States. This Agreement is between you (the “Cardholder”) and the issuer of the Card (the “Issuer”). The Issuer shall be Fantastic Sams Gift Cards, Inc. (“FSGCI”). By purchasing, accepting, or using your Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept the Card.
IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of in court and a class action waiver.
1. About Your Card.
The Card is issued by Issuer, as defined above. Issuer is the sole legal obligor to the Cardholder. Fantastic Sams Franchise Corporation (“FSFC”) and its affiliates and related entities bear no responsibility or liability for any Card, and you hereby knowingly release FSFC and its affiliates and related entities from any and all liability or claims of any nature whatsoever arising in connection with the Card. Cards can be purchased at participating Fantastic Sams salons in the United States. Cards are only valid if obtained from a participating Fantastic Sams salon. Cards are not valid if obtained from unauthorized sellers or resellers, including through Internet auction sites. Cards are not debit or credit cards.
2. Balance Inquiry.
For balance inquiry, please visit https://www.fantasticsams.com/gift-card or any participating Fantastic Sams salon in the United States. The balance you receive when inquiring online is an estimate only. In most cases, the balance is adjusted 24 hours after you make a purchase, but there may be occasions when the balance adjustment is delayed.
Except where prohibited by law, after five (5) consecutive years of non-use, Cards shall expire, and the value of the Card will be reduced to $0. Issuer reserves the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check or other failure of consideration.
Cards are redeemable only for retail products and salon services at participating Fantastic Sams salons in the United States. Cards may be used to tip at the discretion of the applicable participating Fantastic Sams salon. 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.
Cards may be reloaded with value at any participating Fantastic Sams salon.
6. No Refunds.
Cards are not refundable or redeemable for cash unless required by law. You may not return or cancel a Card after it is received.
7. Lost, Damaged Or Stolen Card.
The value of any lost, damaged or stolen Card, or any Card altered or used without authorization, will not be replaced or replenished. Issuer is not responsible if any Card is stolen or destroyed or if your Card is used without your permission. If you suspect someone has copied or stolen your Card, call (888) 263-4432 immediately.
Cards cannot be resold or transferred for value. Cards are void if resold or transferred for value.
9. Mandatory Binding Individual Arbitration.
Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.
A. ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER
You and Issuer agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of the Card, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration, except that you or Issuer may take claims to small claims court if they qualify for hearing by such a court.
You and Issuer agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.
You and Issuer agree to waive the right to trial by jury.
This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against FSGCI and its affiliates and related entities.
The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Issuer 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, mass, consolidated, or combined basis.
B. ARBITRATION PROCEDURES
Arbitration shall be conducted by the American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules (the “AAA Rules”). The AAA Rules and instructions for how to initiate an arbitration are available from the AAA at https://www.adr.org/ or (800) 778-7879. To begin an arbitration proceeding, you must serve Issuer’s registered agent for service of process, Cogency Global Inc., 3958-D Brown Park Drive, Hilliard, OH 43026, United States.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.
Any arbitration will take place in or near Columbus, Ohio; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the AAA Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief).
Judgment on the award may be entered in any court of competent jurisdiction.
10. Limitation Of Liability.
ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
11. Governing Law.
The laws of the State of Ohio, without regard to principles of conflict of laws, shall govern this Agreement and use of your Card. 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 unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
12. Changes To Agreement.
Issuer reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at https://www.fantasticsams.com/gift-card.
Issuer reserves the right to refuse to honor a Card where Issuer suspects that the Card was obtained or used fraudulently, unlawfully or otherwise in violation of this Agreement.