|
The AdventureCenter Card Account
Terms of Use and Agreement
IMPORTANT -- PLEASE READ: The following Adventure Center Card Agreement describes the terms and conditions that apply to the pre-paid account of your Adventure Center Card. This agreement is divided into two parts. Part One describes the terms that apply generally to the Adventure Center Card. Part Two contains important legal terms and conditions, including information regarding The Adventure Center privacy statement, our mutual agreement to exclusively arbitrate disputes, and how we may make changes to this agreement.
By using YOUR ADVENTURE CENTER Card, you agree to the terms of this agreement. Please keep a copy of this agreement for your records.
PART ONE: THE ADVENTURECENTER CARD GENERAL TERMS
About Your Account; The AdventureCenter Purchases Only.
The Adventure Center Card is issued to you by The Adventure Center. It allows you to load a dollar value on to your Adventure Center Card for future purchases at participating AdventureCenter stores. The dollar value that you load onto your Adventure Center Card is a pre-payment only for the goods and services of participating AdventureCenter stores. No credit card, credit line, overdraft protection, or deposit account is associated with an Adventure Center Card. Unless otherwise required by law or permitted by this agreement; any amount on your Adventure Center Card is non-refundable and may not be redeemed for cash. No interest, dividends, or any other earnings on funds deposited to a Adventure Center Card will accrue or be paid or credited to you by The Adventure Center. The value associated with the Adventure Center Card is not insured by the Federal Deposit Insurance Corporation (FDIC).
Most AdventureCenter locations in North America accept your Adventure Center Card. Certain Adventure Center-branded locations may not permit you to use the Adventure Center Card for payment, including some airport, grocery and bookstore locations, or in stores in Puerto Rico, Guam and outside continental North America. For an up-to-date list of stores that accept the Adventure Center Card, call 1-858-488-7900. We reserve the right not to accept any Adventure Center Card or otherwise limit use of an Adventure Center Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
Loading Value on Your Card.
In the United States and Canada, you can load a dollar value on the Adventure Center Card by using a credit card, debit card or cash by visiting any participating store, going online to www.supercooladventures.com, or by calling 1-858-488-7900. You may not load more than $500 worth of value to your Adventure Center Card. The minimum amount that must be loaded onto your Adventure Center Card is $5.00 at participating stores or $15.00 at our website. The AdventureCenter may change the maximum and minimum amounts at any time by notifying you at the point of sale, by phone when you call, or on the AdventureCenter web site, and such change shall not constitute an amendment to this agreement.
All amounts loaded onto your Adventure Center Card are held and denominated in the currency of the country in which the Card was sold (the “base currency”). When you make a purchase in a different country, the transaction total is converted from the currency of that country (the “local currency”) to the base currency and deducted from the account. No fees or other charges are made to your Adventure Center Card for the conversion. Although the actual balance of your Adventure Center Card is held in the base currency, the balance shown on your receipt will be in the local currency of the store location. Transactions that occur on our web site are denominated in U.S. dollars. Currency conversions are based on currency exchange rates applicable on the date of the transaction.
To make reloading your Adventure Center Card easier, you can use our Automatic Reload feature. By linking a credit card or debit card to your Adventure Center Card, you can reload a dollar value onto your Adventure Center Card whenever you like. To set up Automatic Reload, you need to call 1-858-488-7900 or go online to www.supercooladventures.com. Simply set up the reload date or the balance at which you want to reload in your preferences profile and then provide us with payment information. Your credit card or debit card will be billed according to the schedule and amount you have selected. We will send you an email after each Automatic Reload purchase to let you know your Adventure Center Card has been loaded. You can change your preferences at any time, but changes may take up to 24 hours to go into effect.
To discontinue your Automatic Reload feature, you must call 1-858-488-7900 or visit www.supercooladventures.com to disable the feature within 24 hours of the next scheduled reload. Once the dollar value is loaded, the transaction cannot be reversed.
Fees and Expiration of Card Balances.
The AdventureCenter does not charge any fees for the issuance, activation, or use of your Adventure Center Card and your Adventure Center Card has no expiration date unless stipulated at point of purchase.
Receipts and Statements.
Cardholders are not sent statements of itemized transactions from a Adventure Center Card account. You can check the balance of your Adventure Center Card or review recent transactions on your Adventure Center Card at our web site at www.supercooladventures.com or by calling 1-858-488-7900. You will need to have your Adventure Center Card available in order to access your account. The account balance for a Adventure Center Card also will appear on your receipt from a point-of-sale register. When you use your Adventure Center Card, you will receive a receipt if you request one but will not be asked to sign the receipt. The receipt will indicate that the purchase was made using a Adventure Center Card and will provide the remaining balance of your Adventure Center Card. You should keep your receipts and check your online statement to ensure that your account balance is correct.
Billing Errors, Corrections.
We reserve the right to correct the balance of your Adventure Center Card account if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Adventure Center Card, please call our customer service department at 1-858-488-7900. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question. You should monitor your transactions and account balances closely.
Registration; Liability for Unauthorized Transactions.
Because your Adventure Center Card is used like cash for purchases from The Adventure Center, you are responsible for all transactions associated with your Adventure Center Card, including unauthorized transactions. However, if your Adventure Center Card is lost, stolen, or destroyed, the Card can be replaced with the balance remaining on it at the time of your call, but only if you have registered it with us. To register your Card, please visit our web site at www.supercooladventures.com or call us at 1-858-488-7900. Please notify us immediately if you change any of your registration information. If your Adventure Center Card becomes lost, stolen or damaged, you should contact us immediately call 1-858-488-7900. Your Adventure Center Card balance is only protected from the point in time you notify us that your Adventure Center Card is missing. We will freeze the remaining balance on your Adventure Center Card at the time you notify us and will load that remaining balance on a replacement Adventure Center Card.
PART TWO: IMPORTANT LEGAL TERMS
Privacy Statement.
For information concerning how we collect, use and disclose information concerning The Adventure Center Card and how to select privacy preferences regarding certain promotional communications, you should refer to our privacy statement at www.supercooladventures.com/privacy
Changes to This Agreement.
We may amend the terms of this agreement at any time, including any rights or obligations you or we may have. If you have registered your Adventure Center Card, we will notify you of any change, addition or deletion by email. In addition, we will post the terms to the modified agreement on our web site at www.supercooladventures.com. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised agreement to our web site or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Adventure Center Cards. You are deemed to accept the changes, additions or deletions if (1) you do not notify us to the contrary in writing within twenty (20) days of the date of our notice or such other time specified in the notice, or (2) you use your Adventure Center Card after such notice period. If you do not accept the changes, additions or deletions, your Adventure Center Card will be cancelled and any amounts remaining on your Adventure Center Card will be refunded to you.
Cancellation of This Agreement.
We may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Adventure Center Card. If we terminate this agreement without cause, we will refund or issue store credits equal to the balance held in your Adventure Center Card account less any amounts that you may owe us. In the event that this agreement is terminated, this Part Two shall survive in accordance with its terms.
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 THIS AGREEMENT.
|
Binding Arbitration.
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 this Agreement or your use of the Adventure Center 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.
Arbitration Procedures.
You must first present any claim or dispute to us by contacting our Customer Service Department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at www.adr.org. You and we agree that this agreement 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 San Diego, California, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement 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 AAA 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 AAA 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 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 this Agreement, 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.
|
Governing Law -- California.
This Agreement shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of law rules.
Disclaimers and Limits of Liability.
GLOBAL AQUATICS MANAGEMENT GROUP LLC DBA THE ADVENTURE CENTER AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE ADVENTURE CENTER 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. GLOBAL AQUATICS MANAGEMENT GROUP LLC DBA THE ADVENTURECENTER DOES NOT REPRESENT OR WARRANT THAT YOUR ADVENTURECENTER CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.
IN THE EVENT THAT GLOBAL AQUATICS MANAGEMENT GROUP LLC 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 ADVENTURE CENTER CARD. THE ADVENTURE CENTER 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 THIS AGREEMENT, 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 GLOBAL AQUATICS LLC OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A ADVENTURE CENTER 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 this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
Assignment.
We may assign all or part of this agreement 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 this agreement.
Entire Agreement; Construction.
This agreement is the complete and exclusive statement of agreement between you and Global Aquatics Management Group LLC DBA The Adventure Center, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.
Inquiries or Questions.
If you have any questions regarding this agreement or your Adventure Center Card, please visit our web site at www.supercooladventures.com or call us at 1-858-488-7900.
|
