Also Important<\/strong>: Your purchase, use or acceptance of the Gift Card constitutes your consent<\/strong> to our collection and use of your personal information and data as explained below in the section on Privacy Policy \u2013 Notice and Consent. <\/strong><\/p>\n\n\n\n CIMI2516, Inc. is the sole card issuer and sole obligor to you as the cardholder. Gametime United, Inc. (\u201cGametime<\/strong>\u201d) is neither the Card Issuer nor the obligor to you or any cardholder, and it holds no obligation to you or any cardholder for the Gift Card. Your sole contractual party for the Gift Card is Card Issuer. You agree to the foregoing and acknowledge that it shall be treated, if and as necessary, as a novation under which CIMI2516, Inc. is the only obligor to you.<\/strong> Card Issuer may delegate its issuer obligations to an assignee, without recourse. If delegated the assignee, and not Card Issuer, will be sole obligor to the cardholder. In furtherance of the foregoing agreements, you hereby knowingly release Gametime and its affiliates from any and all claims that Gametime is obligated to you for the Gift Card.<\/strong><\/p>\n\n\n\n Gift Cards may be purchased online at Gametime Gift Cards<\/a> (\u201cPurchase Site<\/strong>\u201d). Online purchases of Gift Cards are governed by purchase and delivery terms that are specified on the Purchase Site; those terms are separate from these Terms. Gift Cards purchased in the United States will be denominated in U.S. dollars. Unless specified otherwise at purchase, Gift Cards may be purchased in the minimum amount of $25 up to maximum amount of $500. And no single individual may purchase multiple Gift Cards that exceed a total value of $2,000 in any given day. A Gift Card will not be considered valid unless and until it is properly acquired and activated. A Gift Card also will not be valid if obtained by you from unauthorized sellers or resellers including from Internet auction sites. Your Gift Card is a single load gift card and may not be reloaded with additional funds or value.<\/p>\n\n\n Gift cards are popular products, but they are targets for fraud perpetrated by scammers designed to entice targets to buy a Gift Card. For more about fraud visit stopgiftcardscams.com. Do not purchase a Gift Card unless you are purchasing it as a gift or for your personal use. Be vigilant. Furthermore, if anyone insists you buy a Gift Card for use to make a payment, then do not purchase the Gift Card. To the extent permitted by law, Card Issuer is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.<\/p>\n<\/div>\n\n\n\n Gift Card tampering is a serious fraud scheme. Fraudsters remove a card from a sales rack, tamper with the packaging, steal the card numbers, expose and steal the PIN, replace the packaging and covers, and return the card to the rack. They wait until a purchaser buys the card. When it is activated, they use the stolen card numbers to drain the card and its value resulting in the purchaser holding a valueless card. Be vigilant. When buying a card, examine packaging. Do not purchase if any part of the card, its packaging or security features appear to be removed, ripped, damaged or otherwise tampered with.<\/p>\n<\/div>\n\n\n\n Your Gift Card is redeemable only into your Gametime Account where it may be used to purchase goods and services of Gametime. Your Gift Card is a limited-value and limited-use card. It is not a debit or credit card, an asset account, a deposit account, or linked to a deposit account. It is not a bank-issued card and is not subject to overdraft protection. It will not bear interest due to you. Its balance is not insured by the Federal Deposit Insurance Corporation or any government deposit insurer or agency. It does not constitute evidence of indebtedness or liability by us to you except to honor transactions made using the Gift Card in accordance with these Terms.<\/p>\n\n\n\n Your Gift Card is usable up to its balance only to purchase goods and services of Gametime via and through your Gametime Account. For information on how to redeem your Gift Card into your Gametime Account visit Tips on Use<\/a>. For information about the Gametime Account see the section below. See also the Limitations on Use which are specified below.<\/p>\n\n\n\n Your Gift Card is subject to limitations on use. It is not redeemable or usable (a) to purchase another Gift Card, (b) to make payment towards previously purchased merchandise, (c) to make payment on any credit account, (d) to buy goods from any merchant other than Gametime, or (e) to make purchases other than through a Gametime Account. Your Gift Card cannot be used in furtherance of an illegal transaction or any illicit activities. It may not be refunded, returned, or redeemed for cash or currency, except to the extent required by law. If a cash redemption or cash refund is required by law, then (and to the extent permitted by law) you agree that the payment may be made either by cash, check, or an electronic funds transfer as such payment method is selected by the Card Issuer.<\/p>\n\n\n\n Your Gift Card is redeemable only into your Gametime Account where it may be used to purchase goods and services of Gametime. For instructions on how to open a Gametime Account please visit Mobile App Support<\/a>. For information on how to redeem your Gift Card into your Gametime Account visit Tips on Use<\/a>. Your use of your Gametime Account is governed by the terms of services for the Gametime Account. Those terms are separate from these Terms and can be found here<\/a>.<\/p>\n\n\n\n Your Gift Card will not be reloadable unless and until specified by the Card Issuer on the Cardholder Notices page.<\/p>\n\n\n\n Your use of your Gift Card to purchase goods or services via the Gametime App from Gametime will be subject to the policies of Gametime, if any, governing the purchase of its goods and services. Refunds, returns, or merchandise credits regarding purchased good and services, if any, will be governed by the policies of Gametime as the seller or provider of such goods and services.<\/p>\n\n\n\n You may not sell your Gift Card or otherwise barter or exchange the Gift Card for value. However, consistent with its intended purpose, you may give a Gift Card to another person for no monetary consideration as a gift.<\/p>\n\n\n\n Your Gift Card does not expire and neither do the funds in your Gametime App. Your Gift Card is not subject to fees assessed against the balance of the Gift Card. However, the funds in your Gametime App may be subject to escheat to an appropriate state or territory if and as required by applicable unclaimed property laws. For information about escheat and unclaimed property, visit www.unclaimed.org<\/a>. If escheat occurs, you may inquire about the status of your Gift Card funds by contacting us at customerservice@cardcimicard.com or (888) 363-9029<\/a>.<\/p>\n\n\n\n Title to the Gift Card and risk of loss passes to the Gift Card purchaser when a Gift Card is delivered. With respect to physical Gift Cards or digital Gift Cards purchased at a physical location (as opposed to online) delivery occurs upon delivery of the physical Gift Card or digital Gift Card to the purchaser. With respect to an online purchase of a physical Gift Card, delivery occurs upon delivery of the physical Gift Card to the purchaser\u2019s designated recipient. With respect to an online purchase of and the electronic delivery of a digital Gift Card, delivery occurs when the digital Gift Card is clicked by the sender as sent. Although a Gift Card is not cash, you should safeguard your Gift Card like you do cash. You are responsible for the transactions using your Gift Card, whether authorized or unauthorized. Your Gift Card will not be replaced or replenished if lost, stolen, damaged or used without authorization.<\/p>\n\n\n\n You are responsible for all transactions associated with your Gift Card, whether authorized or unauthorized. Consequently, you should safeguard your Gift Card and its numbers, and you should not disclose your Gift Card information to others who have no need to know such information. Card Issuer reserves the right to assert all available remedies or countermeasures in the event of suspected abuse, misuse or fraud regarding your Gift Card or in the event of a disputed credit or payment card charge or dishonored check at the time of card purchase. Such remedies shall include, without limitation, the blocking or freezing by Card Issuer of a Gift Card from use or the refusal by the Card Issuer to issue or honor a Gift Card. Such remedies also shall include the right of Card Issuer or Gametime to void a Gift Card without refund in the event a Gift Card or Gift Card balance is sourced or obtained by theft, fraud, or unauthorized means (including suspected theft, fraud, or unauthorized means). Card Issuer may also use Gift Card balances to offset its liability to card companies, card networks and to the issuers of lost or stolen credit and debit cards improperly used to purchase or load Gift Cards.<\/p>\n\n\n\n CARD ISSUER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY GIFT CARD INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF A GIFT CARD IS NON-FUNCTIONAL, DUE TO A SYSTEM ERROR, YOUR SOLE REMEDY SHALL BE THE REPLACEMENT OF THAT GIFT CARD. UNLESS PROHIBITED BY LAW, CARD ISSUER AND YOU AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT ACTUAL DAMAGES. CARD ISSUER AND YOU WILL NOT SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. 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.<\/p>\n\n\n\n This mandatory and binding agreement to arbitrate (the \u201cArbitration Agreement\u201d) is part of the Terms governing your Gift Card. By accepting the Terms, you also are accepting and agreeing to the terms of this Arbitration Agreement. Please read these arbitration provisions carefully. They affect legal rights that you otherwise may have and require binding arbitration of claims instead of resolution in a court of law. With limited exceptions, this Arbitration Agreement requires Card Issuer and you to submit claims to binding and final arbitration on an individual basis. This means that, as described below, you will not be able to bring a case or lawsuit in a court of law before a judge or jury. Instead, you agree to submit such claims solely on your own individual behalf to a neutral arbitrator. To that end, Card Issuer and you agree as follows<\/strong>:<\/b><\/strong><\/strong><\/p>\n\n\n <\/b><\/strong><\/p>\n <\/p>\n <\/p>\n\n\n In addition to and separate from the Arbitration Agreement, Card Issuer and you agree to pursue or arbitrate any Claim only on an individual basis and, to that end, we and you<\/strong> hereby waive any right to bring, participate in, demand money, or to assert any other form of relief via or from any class action or other form of representative action, consolidated case, or collective proceeding<\/strong>. In addition, no party may bring a Claim on behalf of any other individual, and no arbitrator hearing any Claim may: (a) without the consent of all parties, combine more than one individual\u2019s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, consolidated, representative, or private attorney general proceeding. This means you will not be able to bring a class action, collective case, multiple plaintiff or representative lawsuit in a court of law before a judge or jury or in the arbitration proceeding before an arbitrator.<\/strong> Without limiting the generality of the foregoing, this waiver applies in any action required to be resolved by a court in accordance with Subsection 1 (We Both Agree to Arbitrate), Subsection 2 (Applicability of Arbitration Agreement), Subsection 7 (Scope of Arbitrator\u2019s Authority), and Subsection 8 (Exceptions to Arbitration) above.<\/p>\n\n\n\n Except as specified above regarding the Arbitration Agreement, the laws of the State of Kansas in the United States of America, without regard to its principles of conflicts of law, shall govern these Terms; provided, however, it is agreed and understood that the FAA shall control the issues of arbitration and arbitrability without regard to Kansas law on arbitration agreements.<\/p>\n\n\n\n Card Issuer reserves the right to modify these Terms at any time in its discretion for the limited purposes<\/strong> (a) of making modifications, if any, regarding redemption limitations, (b) to define modifications in limitations of use, (c) to describe courses of action in the event the Gift Card program is terminated, (d) to clarify existing terms and conditions, (e) to address changes in information such as links, or (f) to implement other changes made in good faith, provided that such other changes do not include (i) the addition of an expiration date, (ii) the application of new fees regarding the use or non-use of the Gift Cards, (iii) a change to the Arbitration Agreement, or (iv) a change to this Change in Terms clause. These changes will be made on this website. Notice of changes will be provided at the Cardholder Notices tab of this website. The most current version of these Terms will be available on that website and will supersede all previous versions of these Terms, except as otherwise specified.<\/p>\n\n\n\n Should these Terms, or any part thereof, be determined by any court, tribunal, arbitrator, or agency to be unenforceable, void, or voidable, or should any court, tribunal, arbitrator, or agency refuse or decline to enforce these Terms or any part thereof, the remainder of these Terms and all parts of it shall remain in effect, valid, and enforceable.<\/p>\n\n\n\n The Gift Card program may be terminated in certain circumstances such as (a) the cessation of business of Gametime, (b) if needed in light of applicable laws and regulations, (c) the mutual business decision of Card Issuer and Gametime that the Gift Card program has run its business course and should be ended on a going forward basis, and\/or (d) in force majeure type situations that prohibit the operation of the program such as pandemics, sabotage, terrorism, civil unrest, or acts of God. In the event the Gift Card program is terminated, instructions to Cardholders will be provided by notice given in accordance with these Terms.<\/p>\n\n\n\n Card Issuer does not maintain names or addresses of cardholders. Therefore, you agree that, to the extent permitted by applicable law, we may provide notice to you, including disclosures and amendments required under these Terms, by electronic means including notices posted on the Cardholder Notices page of this website.<\/p>\n\n\n\n You can contact us at customerservice@cardcompliant.com or visit mycardterms.com\/gametime. To contact Gametime, visit https:\/\/support.gametime.co\/<\/a>.<\/p>\n\n\n\n Card Issuer is located in the United States of America and can be found at 11610 Ash Street, Suite 200, Leawood, Kansas 66211, at (888) 363-9029<\/a>, or at customerservice@cimicard.com. <\/p>\n\n\n\n YOU ACKNOWLEDGE THAT YOU UNDERSTAND THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, THE AGREEMENT TO ARBITRATE.<\/p>\n\n\n\n We inform you that we will be collecting your personal information and data for use to deliver your Gift Card and to operate the Gift Card Program. We further inform you that transaction data on your card will be transferred to and processed by us in the United States of America. Your purchase, use or acceptance of the Gift Card constitutes your consent to such collection and such use of your personal information and data. <\/strong>The collection and use of personal information and data, if any, is subject to our Privacy Policy and Notice which can be found by clicking here<\/a>.<\/p>\n\n\n<\/span> <\/a>Gift Card Issuer and Sole Obligor<\/b> – Novation<\/strong><\/h3>\n\n\n\n
Purchasing Gift Cards<\/b><\/h3>\n\n\n\n
Gift Card Purchase Warnings<\/strong><\/h3>\n\n\n\n
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<\/figure>\n<\/div><\/div>\n\n\n\nAbout the Gift Card<\/b><\/h3>\n\n\n\n
Gift Card Redemption<\/b>s and Use<\/strong><\/h3>\n\n\n\n
Limitations on Use<\/b><\/h3>\n\n\n\n
Gametime Account<\/strong><\/h3>\n\n\n\n
Reloadability<\/strong><\/h3>\n\n\n\n
Goods and Services Purchased with the Gift Card<\/strong><\/h3>\n\n\n\n
Resale is Prohibited<\/b><\/h3>\n\n\n\n
No Expirations or Fees Against the Card Balance – Escheat<\/b><\/h3>\n\n\n\n
Risk of Loss, Damage, Theft or Unauthorized Use<\/b><\/h3>\n\n\n\n
Fraud and\/or Unauthorized Transactions<\/b><\/h3>\n\n\n\n
<\/a>Important: Limitation of Liability<\/b><\/strong><\/h3>\n\n\n\n
<\/a>Important: Mandatory and Binding Arbitration Agreement<\/b><\/h3>\n\n\n\n
\n
<\/a>Important: Waiver of Class Action<\/b><\/h3>\n\n\n\n
Governing Law<\/b><\/h3>\n\n\n\n
<\/a>Change in Terms<\/b><\/h3>\n\n\n\n
<\/a>Survival of Terms<\/b><\/h3>\n\n\n\n
Gift Card Program Termination<\/b><\/h3>\n\n\n\n
Notices to Cardholder <\/b><\/strong><\/h3>\n\n\n\n
Inquiries by Cardholders<\/b><\/h3>\n\n\n\n
Where to Reach Card Issuer<\/b><\/h3>\n\n\n\n
Acknowledgment<\/b><\/h3>\n\n\n\n
Privacy Policy – Notice and Consent<\/h3>\n\n\n\n