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Gift Card Terms and Conditions
The following Terms and Conditions (referred to as the “Agreement”) describe the terms and conditions that apply to use of the Chick-fil-A physical Gift Cards, digital eGift Cards, and Chick-fil-A One Digital Gift Cards (collectively, the “Cards”). This Agreement is between you, the Cardholder, and CFA Servco, Inc. (“Servco” or “we”). By purchasing, accepting, or using a 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 in Paragraph 11 a class action waiver and resolution of disputes by arbitration instead of in court.
1. About Your Card. The Cards are closed-loop gift cards issued in U.S. dollars. The Cards are issued by and solely an obligation of Servco; provided, however, that Servco may assign its obligations with respect to the Card at any time, in which case such assignee shall become the issuer and sole legal obligor to the Cardholder. Servco’s affiliates and related entities (including but not limited to Chick-fil-A, Inc.) bear no responsibility or liability for any Cards, and you hereby knowingly release Servco’s affiliates and related entities from any and all liability or claims of any nature whatsoever arising in connection with the Card. Gift Cards can be purchased at participating Chick-fil-A restaurants in the United States and from authorized third-party sellers (including online at cfa.wgiftcard.com).
2. Redemption. Your Card is redeemable only for purchases of food, beverages, or merchandise at participating Chick-fil-A restaurants in the United States. Cards are not currently redeemable in Puerto Rico. Cards may not be accepted at all Chick-fil-A Express™ or Chick-fil-A licensed locations (such as airports, college campuses, office complexes, and hospitals, etc.), other than as listed at https://www.chick-fil-a.com/gift-cards. Cards have no cash value and may not be redeemed for cash (except as required by law). Cards have no value until activated. Cards are not redeemable to purchase another Card or toward a previous purchase. We reserve the right to temporarily limit or disallow redemptions due to technical difficulties or other unforeseen circumstances.
3. Transfer to Chick-fil-A Mobile App. Balances on physical Gift Cards and eGift Cards may be transferred to a Chick-fil-A One Digital Gift Card through the Chick-fil-A Mobile App (the “App”). Chick-fil-A One Cards may be used to make eligible purchases at participating Chick-fil-A restaurants in the U.S. through the App. A Chick-fil-A One Card balance may be transferred to a physical Gift Card upon request; please call 1-888-232-1864 for more information.
4. Balance Inquiry. For balance inquiry, call 1-888-232-1864. You may also inquire regarding your balance at participating Chick-fil-A restaurants in the U.S.
5. No Expiration; No Fees. The Cards do not expire. No fees for inactivity or service fees apply to any Cards.
6. Reloadable. Physical Gift Cards purchased from a Chick-fil-A restaurant may be reloaded with additional value; please visit a participating Chick-fil-A restaurant in the U.S. to reload your card. Chick-fil-A One Digital gift Cards may also be reloaded through the App. eGift Cards and physical Gift Cards purchased from a third-party seller may not be reloaded.
7. No Refunds. No refunds are permitted with respect to purchases or reloads of Cards. All sales of Cards are final.
8. Lost, Damaged, or Stolen Cards; Unauthorized Use. Lost, damaged or stolen Cards may be replaced at Servco’s discretion, provided that you have a copy of the sales receipt and/or activation receipt. For more details, please visit https://www.chick-fil-a.com/gift-cards. Servco is not responsible for unauthorized Card use.
9. Resale Prohibited. You may not sell a Card or otherwise barter for its exchange. However, you may transfer a Card to another person for no monetary consideration (e.g., as a gift). A Card is not valid and will not be honored, and Servco will not be liable, if the Card is obtained from unauthorized sellers or resellers, including through Internet auction sites.
10. Maximum Value. The maximum purchase amount of a Card is $100. In addition, you may not purchase or obtain multiple Cards with a value of more than $10,000 in any one day.
11. DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS ACTION WAIVER.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SERVCO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 11 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
INDIVIDUALIZED DISPUTE RESOLUTION AND ARBITRATION. YOU AND WE EACH AGREE THAT ANY AND ALL CONTROVERSIES OR CLAIMS OF ANY NATURE, INCLUDING TORT AND STATUTORY CLAIMS, IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE, OUR PRIVACY POLICY, DATA SECURITY, OR DATA PRIVACY, INCLUDING ANY QUESTIONS OF ARBITRABILITY (REFERRED TO COLLECTIVELY AS A “DISPUTE”), SHALL BE SETTLED BY INDIVIDUAL BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) BY A SOLE ARBITRATOR OR IN SMALL CLAIMS COURT. If you are an individual, then the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for consumer Related Disputes then in effect will apply. If you are a business or legal entity other than an individual, then the arbitration will be administered by AAA in accordance with the AAA’s Commercial Rules then in effect. Notwithstanding the foregoing, in any conflict between the AAA’s rules and these Terms and Conditions of Use, the Terms and Conditions of Use will govern. The AAA rules are available at www.adr.org. You and we each also agree that this Arbitration Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern any questions regarding the enforceability of this dispute resolution provision, including all questions of arbitrability (despite the general choice of law provision set forth above). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS ARBITRATION AGREEMENT AND CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
For any and all Disputes you have, you must first give us an opportunity to resolve your Dispute by sending a written description of your Dispute to CFA Servco, Inc., ATTN: Program Manager, 5200 Buffington Rd., Atlanta, GA 30349 (“Notice of Dispute”). The Notice of Dispute must contain enough information for us to attempt to resolve your claim, including (a) your name; (b) Chick-fil-A One member number, if applicable; (c) the email address and telephone number associated with your Chick-fil-A One account, if applicable; (d) a written description of the problem, relevant documents, and supporting information; and (e) a good faith calculation of the damages you claim to have suffered and a statement of the specific relief you are seeking. You may be represented by an attorney or other person in that process. However, if you choose to be represented by an attorney or other person, you must also submit with your Notice of Dispute a signed, written authorization allowing us to discuss your Dispute with your attorney or other representative.
You and we each agree to negotiate any Dispute between us in good faith for a sixty-day period. You and we each further agree that neither of us may commence any arbitration or small claims proceeding unless you and we are unable to resolve the Dispute within 60 days after receipt of the Notice of Dispute and the party who sent the Notice of Dispute has made a good faith effort to resolve the claim during that time.
If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your claim to the following address: CFA Servco, Inc., ATTN: Program Manager, 5200 Buffington Rd, Atlanta, GA 30349 and to the AAA. Notwithstanding the foregoing, if the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim must proceed in arbitration.
The arbitration of all disputes will be conducted by a single arbitrator, who shall be selected using the following procedure: (a) the AAA will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. All arbitrators appointed pursuant to this process are subject to the disclosure and disqualification procedures set forth in the applicable AAA rules and any applicable state laws or rules.
If you are an individual, then the arbitration will be held virtually or in the city/county in which you reside. If you are a business or legal entity other than an individual, then the arbitration will be held in Atlanta, Georgia.
Payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA rules. If you initiate an arbitration, you are required to pay AAA’s initial filing fee, but we will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county (or parish) of residence, subject to the restriction set forth in the following paragraph. Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. We each also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.
An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we will not reimburse your initial filing fee and may seek an award of our legal fees or costs against you and/or your counsel. This Arbitration Agreement authorizes the arbitrator to award fees or other sanctions against your counsel. If you seek injunctive or declaratory relief, you agree that the arbitrator may award injunctive or declaratory relief in favor of you alone, and only to the extent necessary to resolve your individual claim.
The arbitrator will have the power to rule on their own jurisdiction, including any issues concerning the existence, validity, or scope of either this Arbitration Agreement, including whether any claim is subject to arbitration, provided that: (1) any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator; and (2) a court will have the authority to determine whether the parties have complied with the informal dispute resolution procedures set out above and whether any claim you or we have filed in arbitration or in court is inconsistent with the Class Action Waiver included in these Terms and Conditions of Use.
WAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”). YOU AND WE EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). To the extent permitted by law, each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If we believe that any claim you have filed is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.
If a court or arbitrator determines in an action between you and us that any part of this Arbitration Agreement cannot be enforced with respect to any claim, remedy, or request for relief, the rest of this Arbitration Agreement will continue to apply; provided, however, that if the Class Action Waiver is declared to be unenforceable or invalid, this entire Arbitration Agreement (other than this sentence) will not apply to that claim, remedy, or request for relief (but will still apply to any and all other claims, remedies, and requests for relief that you or we may assert in that or any other action). In any such case, you and we agree that we will arbitrate all claims, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved claims, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court.
12. Limitation of Liability. SERVCO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE 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, SERVCO’S 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.
13. Unclaimed Property. In the event you do not use your Card for a certain period of time, Servco may be required to turn over the remaining Card balance to a state under such state’s unclaimed or abandoned property law. Although your Card does not expire, if Servco is obligated to turn over the remaining balance of your Card under a state’s unclaimed property law, by operation of law Servco will be released from any further liability or obligation with respect to your Card and you may be required to contact the state’s unclaimed property administrator to attempt to recover your unused Card balance. To protect your right to continue to use your remaining Card balance, Servco will make reasonable efforts to exempt your Card from state unclaimed property laws.
14. Governing Law. The laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, apply to this Agreement and use of your Card. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
15. Changes to Agreement. Servco reserves the right to change this Agreement from time to time in our discretion without special notice to you. Notice of changes will be by reasonable means, which may be by the posting of the revised version of this Agreement on this website (“Updated Terms”). Your use of a Card after Servco has posted the Updated Terms constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of a Card from that point forward. The date of the last update to this Agreement is always indicated near the top of the page and any change in the date of this Agreement shall constitute notice to you that the Agreement has changed.
16. Fraud/Violation of Terms. Servco reserves the right to refuse to honor, or to suspend or deactivate one or more Cards where Servco suspects that a Card was obtained fraudulently, in violation of this Agreement, or in violation of applicable laws or other applicable Servco terms and conditions. Servco also reserves the right to temporarily cease the sale or redemption of some or all of the Cards without prior notice to you in the event that Servco has detected or suspects a fraudulent attack on its systems or otherwise has identified an issue that may impact the Cards.
1. About Your Card. The Cards are closed-loop gift cards issued in U.S. dollars. The Cards are issued by and solely an obligation of Servco; provided, however, that Servco may assign its obligations with respect to the Card at any time, in which case such assignee shall become the issuer and sole legal obligor to the Cardholder. Servco’s affiliates and related entities (including but not limited to Chick-fil-A, Inc.) bear no responsibility or liability for any Cards, and you hereby knowingly release Servco’s affiliates and related entities from any and all liability or claims of any nature whatsoever arising in connection with the Card. Gift Cards can be purchased at participating Chick-fil-A restaurants in the United States and from authorized third-party sellers (including online at cfa.wgiftcard.com).
2. Redemption. Your Card is redeemable only for purchases of food, beverages, or merchandise at participating Chick-fil-A restaurants in the United States. Cards are not currently redeemable in Puerto Rico. Cards may not be accepted at all Chick-fil-A Express™ or Chick-fil-A licensed locations (such as airports, college campuses, office complexes, and hospitals, etc.), other than as listed at https://www.chick-fil-a.com/gift-cards. Cards have no cash value and may not be redeemed for cash (except as required by law). Cards have no value until activated. Cards are not redeemable to purchase another Card or toward a previous purchase. We reserve the right to temporarily limit or disallow redemptions due to technical difficulties or other unforeseen circumstances.
3. Transfer to Chick-fil-A Mobile App. Balances on physical Gift Cards and eGift Cards may be transferred to a Chick-fil-A One Digital Gift Card through the Chick-fil-A Mobile App (the “App”). Chick-fil-A One Cards may be used to make eligible purchases at participating Chick-fil-A restaurants in the U.S. through the App. A Chick-fil-A One Card balance may be transferred to a physical Gift Card upon request; please call 1-888-232-1864 for more information.
4. Balance Inquiry. For balance inquiry, call 1-888-232-1864. You may also inquire regarding your balance at participating Chick-fil-A restaurants in the U.S.
5. No Expiration; No Fees. The Cards do not expire. No fees for inactivity or service fees apply to any Cards.
6. Reloadable. Physical Gift Cards purchased from a Chick-fil-A restaurant may be reloaded with additional value; please visit a participating Chick-fil-A restaurant in the U.S. to reload your card. Chick-fil-A One Digital gift Cards may also be reloaded through the App. eGift Cards and physical Gift Cards purchased from a third-party seller may not be reloaded.
7. No Refunds. No refunds are permitted with respect to purchases or reloads of Cards. All sales of Cards are final.
8. Lost, Damaged, or Stolen Cards; Unauthorized Use. Lost, damaged or stolen Cards may be replaced at Servco’s discretion, provided that you have a copy of the sales receipt and/or activation receipt. For more details, please visit https://www.chick-fil-a.com/gift-cards. Servco is not responsible for unauthorized Card use.
9. Resale Prohibited. You may not sell a Card or otherwise barter for its exchange. However, you may transfer a Card to another person for no monetary consideration (e.g., as a gift). A Card is not valid and will not be honored, and Servco will not be liable, if the Card is obtained from unauthorized sellers or resellers, including through Internet auction sites.
10. Maximum Value. The maximum purchase amount of a Card is $100. In addition, you may not purchase or obtain multiple Cards with a value of more than $10,000 in any one day.
11. DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS ACTION WAIVER.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SERVCO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 11 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
INDIVIDUALIZED DISPUTE RESOLUTION AND ARBITRATION. YOU AND WE EACH AGREE THAT ANY AND ALL CONTROVERSIES OR CLAIMS OF ANY NATURE, INCLUDING TORT AND STATUTORY CLAIMS, IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE, OUR PRIVACY POLICY, DATA SECURITY, OR DATA PRIVACY, INCLUDING ANY QUESTIONS OF ARBITRABILITY (REFERRED TO COLLECTIVELY AS A “DISPUTE”), SHALL BE SETTLED BY INDIVIDUAL BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) BY A SOLE ARBITRATOR OR IN SMALL CLAIMS COURT. If you are an individual, then the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for consumer Related Disputes then in effect will apply. If you are a business or legal entity other than an individual, then the arbitration will be administered by AAA in accordance with the AAA’s Commercial Rules then in effect. Notwithstanding the foregoing, in any conflict between the AAA’s rules and these Terms and Conditions of Use, the Terms and Conditions of Use will govern. The AAA rules are available at www.adr.org. You and we each also agree that this Arbitration Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern any questions regarding the enforceability of this dispute resolution provision, including all questions of arbitrability (despite the general choice of law provision set forth above). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS ARBITRATION AGREEMENT AND CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
For any and all Disputes you have, you must first give us an opportunity to resolve your Dispute by sending a written description of your Dispute to CFA Servco, Inc., ATTN: Program Manager, 5200 Buffington Rd., Atlanta, GA 30349 (“Notice of Dispute”). The Notice of Dispute must contain enough information for us to attempt to resolve your claim, including (a) your name; (b) Chick-fil-A One member number, if applicable; (c) the email address and telephone number associated with your Chick-fil-A One account, if applicable; (d) a written description of the problem, relevant documents, and supporting information; and (e) a good faith calculation of the damages you claim to have suffered and a statement of the specific relief you are seeking. You may be represented by an attorney or other person in that process. However, if you choose to be represented by an attorney or other person, you must also submit with your Notice of Dispute a signed, written authorization allowing us to discuss your Dispute with your attorney or other representative.
You and we each agree to negotiate any Dispute between us in good faith for a sixty-day period. You and we each further agree that neither of us may commence any arbitration or small claims proceeding unless you and we are unable to resolve the Dispute within 60 days after receipt of the Notice of Dispute and the party who sent the Notice of Dispute has made a good faith effort to resolve the claim during that time.
If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your claim to the following address: CFA Servco, Inc., ATTN: Program Manager, 5200 Buffington Rd, Atlanta, GA 30349 and to the AAA. Notwithstanding the foregoing, if the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim must proceed in arbitration.
The arbitration of all disputes will be conducted by a single arbitrator, who shall be selected using the following procedure: (a) the AAA will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. All arbitrators appointed pursuant to this process are subject to the disclosure and disqualification procedures set forth in the applicable AAA rules and any applicable state laws or rules.
If you are an individual, then the arbitration will be held virtually or in the city/county in which you reside. If you are a business or legal entity other than an individual, then the arbitration will be held in Atlanta, Georgia.
Payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA rules. If you initiate an arbitration, you are required to pay AAA’s initial filing fee, but we will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county (or parish) of residence, subject to the restriction set forth in the following paragraph. Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. We each also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.
An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we will not reimburse your initial filing fee and may seek an award of our legal fees or costs against you and/or your counsel. This Arbitration Agreement authorizes the arbitrator to award fees or other sanctions against your counsel. If you seek injunctive or declaratory relief, you agree that the arbitrator may award injunctive or declaratory relief in favor of you alone, and only to the extent necessary to resolve your individual claim.
The arbitrator will have the power to rule on their own jurisdiction, including any issues concerning the existence, validity, or scope of either this Arbitration Agreement, including whether any claim is subject to arbitration, provided that: (1) any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator; and (2) a court will have the authority to determine whether the parties have complied with the informal dispute resolution procedures set out above and whether any claim you or we have filed in arbitration or in court is inconsistent with the Class Action Waiver included in these Terms and Conditions of Use.
WAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”). YOU AND WE EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). To the extent permitted by law, each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If we believe that any claim you have filed is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.
If a court or arbitrator determines in an action between you and us that any part of this Arbitration Agreement cannot be enforced with respect to any claim, remedy, or request for relief, the rest of this Arbitration Agreement will continue to apply; provided, however, that if the Class Action Waiver is declared to be unenforceable or invalid, this entire Arbitration Agreement (other than this sentence) will not apply to that claim, remedy, or request for relief (but will still apply to any and all other claims, remedies, and requests for relief that you or we may assert in that or any other action). In any such case, you and we agree that we will arbitrate all claims, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved claims, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court.
12. Limitation of Liability. SERVCO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE 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, SERVCO’S 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.
13. Unclaimed Property. In the event you do not use your Card for a certain period of time, Servco may be required to turn over the remaining Card balance to a state under such state’s unclaimed or abandoned property law. Although your Card does not expire, if Servco is obligated to turn over the remaining balance of your Card under a state’s unclaimed property law, by operation of law Servco will be released from any further liability or obligation with respect to your Card and you may be required to contact the state’s unclaimed property administrator to attempt to recover your unused Card balance. To protect your right to continue to use your remaining Card balance, Servco will make reasonable efforts to exempt your Card from state unclaimed property laws.
14. Governing Law. The laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, apply to this Agreement and use of your Card. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
15. Changes to Agreement. Servco reserves the right to change this Agreement from time to time in our discretion without special notice to you. Notice of changes will be by reasonable means, which may be by the posting of the revised version of this Agreement on this website (“Updated Terms”). Your use of a Card after Servco has posted the Updated Terms constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of a Card from that point forward. The date of the last update to this Agreement is always indicated near the top of the page and any change in the date of this Agreement shall constitute notice to you that the Agreement has changed.
16. Fraud/Violation of Terms. Servco reserves the right to refuse to honor, or to suspend or deactivate one or more Cards where Servco suspects that a Card was obtained fraudulently, in violation of this Agreement, or in violation of applicable laws or other applicable Servco terms and conditions. Servco also reserves the right to temporarily cease the sale or redemption of some or all of the Cards without prior notice to you in the event that Servco has detected or suspects a fraudulent attack on its systems or otherwise has identified an issue that may impact the Cards.
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