Gift Card Terms Of Use

Date of Last Revision: September 9, 2024

 

GENERAL

 

Gift Card Services, LLC, a Virginia limited liability company (“GCS”), issues gift cards and merchandise cards in digital and physical form (collectively, “Gift Cards”) that may be redeemable at stores operated by City Gear, LLC (“City Gear”) as well as online at citygear.com. By purchasing or using a Gift Card you are confirming that you understand and agree to be bound by these City Gear Gift Card Terms and Dispute Resolution Agreement (the “Terms”), INCLUDING THE AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER PROVISIONS BELOW. If you do not agree to these Terms, please do not purchase or use a Gift Card. The Gift Cards are not issued by City Gear or its affiliate, Hibbett Retail, Inc.

 

RECEIVING A GIFT CARD

 

Gift Cards have no value until activated by a City Gear associate. Once activated, the Gift Card is the property of the holder. Unless required by applicable law, Gift Cards or any portion thereof are not (i) redeemable for cash, (ii) refundable if lost or stolen, (iii) returnable, or (iv) available for resale. Other restrictions and exclusions may apply. Gift Cards are void where prohibited.

 

REDEEMING A GIFT CARD

 

Gift Cards may be used toward future purchases of merchandise at any participating City Gear store location or online at citygear.com. Gift Cards may not be redeemed at Hibbett brick and mortar store locations, hibbett.com, or on any Hibbett Mobile App. The Gift Card must be presented at the time of redemption. When redeeming Gift Cards, any unused balance will be redeemable on the Gift Card and available for future purchases of merchandise. Upon redemption of the Gift Card, any purchase amount that exceeds the existing value of the Gift Card will be the responsibility of the redeemer.

 

LIMITATION OF LIABILITY

 

GCS AND CITY GEAR SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE ISSUANCE, PURCHASE, USE OR NON-USE OF ANY GIFT CARD, EVEN IF GCS OR CITY GEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, WHETHER IN CONTRACT OR TORT. NOTWITHSTANDING THE FOREGOING, APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OF LIABILITY SET FORTH IN THIS PARAGRAPH. THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. PURSUANT TO APPLICABLE LAW YOU MAY HAVE RIGHTS IN ADDITION TO THE RIGHTS CONTAINED HEREIN.

 

AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER

 

YOU, GCS AND CITY GEAR AGREE THAT ANY CLAIM, DISPUTE, OR CONTROVERSY MUST BE RESOLVED THROUGH ARBITRATION. YOU, GCS AND CITY GEAR ACKNOWLEDGE AND AGREE THAT EACH OF US IS WAIVING THE RIGHT TO A TRIAL BY JURY. RIGHTS THAT EACH OF US WOULD HAVE IF WE WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU, GCS AND CITY GEAR AGREE THAT EACH OF US MAY ONLY BRING A CLAIM IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU, GCS AND CITY GEAR ALSO AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

 

Any claim that all or part of this class action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. Any dispute or claim arising out of or relating to the issuance, purchase, use or non-use of a Gift Card shall be settled by binding arbitration. You and City Gear waive the right to go to court and agree to submit any claims to arbitration. This arbitration provision is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

 

 

Notwithstanding the foregoing, you, GCS and City Gear retain the right to pursue in a small claims court any claim that is within that court’s jurisdiction and proceeds on an individual (non-class, non-representative) basis. You, GCS and City Gear agree that regardless of any statute or law to the contrary, any claim must be filed within one (1) year after such claim arose or be forever barred.

 

 

The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules issued in Sept. 2014. Please contact the AAA for a copy of the rules. For your convenience, arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if you, GCS and City Gear agree. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA. This provision survives any exhaustion of any balance on any Gift Card. If the class action waiver is deemed unenforceable, then this entire arbitration provision shall be rendered null and void.

 

 

YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION PROVISION WITHIN THIRTY DAYS OF YOUR FIRST USE OF THE PLATFORM OR YOUR PURCHASE OF A PRODUCT (WHICHEVER IS FIRST) BY WRITING TO GCS VIA U.S. CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO GIFT CARD SERVICES, LLC, BOX #745, 8005 CREIGHTON PARKWAY, SUITE C, MECHANICSVILLE, VIRGINIA 23111, AND TO CITY GEAR VIA U.S. CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO CITY GEAR, LLC, 2700 MILAN COURT, BIRMINGHAM, AL 35211, ATTN: LEGAL DEPT.

 

 

Changes to Terms

 

Our Terms may be modified. YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE NEW TERMS. These terms were last modified on 09/09/2024.

 

General

 

No waiver of any of the provisions of these Terms shall be deemed or shall constitute a waiver of any other provisions. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which shall otherwise remain in full force and effect. The Terms constitute the entire agreement between you, GCS and City Gear. These Terms and your relationship with Company shall be governed by the laws of the State of Alabama, without regard to its conflict of law provisions.