Redemption. SpotHero Gift Cards (“Gift Cards”) may only be redeemed toward the purchase of eligible services provided by SpotHero, Inc. (“SpotHero”) and its affiliates on SpotHero.com. Your use of the services available via SpotHero.com shall be subject to SpotHero’s terms of service located at SpotHero.com/terms-of-use. Gift Card purchases are deducted from the redeemer’s Gift Card balance. Any unused Gift Card balance will remain in the redeemer’s SpotHero.com account. If a purchase exceeds the redeemer’s Gift Card balance, the remaining amount must be paid with another payment method in the purchaser’s account. To view your Gift Card balance, visit your dashboard after signing in to SpotHero.com. No fees apply to Gift Cards. Gift Cards do not expire.
Limitations. Gift Cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value, refunded, returned or redeemed for cash, except to the extent required by law. Unused Gift Card balances in an Spothero.com account may not be transferred to another SpotHero.com account. Gift Cards can only be purchased by or gifted to individuals in the United States. SpotHero Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain SpotHero’s prior written approval.
Risk of Loss. The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.
Fraud. SpotHero reserves the right to any remedy, including refusal to issue or honor an SpotHero Gift Card in the event of suspected fraud. We will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on SpotHero.com.
Limitation of Liability. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Disputes. Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: (i) these Terms and Conditions; (ii) the Gift Card; (iii) your acquisition of the Gift Card; (iv) your redemption of the Gift Card for use, or attempted use, within the SpotHero app; v) the amount of available funds on the Gift Card; or vi) advertisements, promotions or oral or written statements related to the Gift Card; no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16). The issuer will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence. ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE. For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org. All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
This arbitration provision shall survive: (i) the termination of these Terms and Conditions; (ii) the bankruptcy of any party; or (iii) any transfer, sale or assignment of the Gift Card, or any amounts owed on the Gift Card, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force. IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION PROVISION, DO NOT USE THE GIFT CARD.
The SpotHero Gift Card is issued by SpotHero, Inc. When you purchase, receive or redeem a Gift Card, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Gift Card terms and conditions. We reserve the right to change these terms and conditions from time to time in our discretion. All terms and conditions are applicable to the extent permitted by law.