AFE Gift Card Agreement
Congratulations on your purchase or receipt of an Awesome Family Entertainment LLC gift card and/or gift card number. The following Gift Card Agreement describes the terms and conditions that apply to the prepaid amount on your AFE Card. Use of your Card is your acceptance of these terms and conditions as set by Awesome Family Entertainment LLC, an Ohio corporation, and its affiliates (collectively “AFE”). Please keep a copy of this agreement for your records.
Fees and Expiration of Card Balances
AFE charges no fee for the issuance, activation or use of this Card. This Card has no expiration date.
About Your Account
The Card issued by AFE has a prepaid amount of value for use toward future services offered by Awesome Family Entertainment LLC and its affiliates only. Depending on the type of Card purchased, a Cardholder may be able to load additional credit toward services; if not, that Card will no longer hold any value and cannot be used again once the prepaid amount on that Card has been depleted through reservation of AFE services. Prepaid credit alone does not constitute an actual reservation of AFE services, i.e., purchase of this Card does not ensure a reservation of specific services or equipment for a particular date and time. No services are booked and no equipment will be reserved until a separate service contract is completed through the reservation process, specifying the details of the services to be rendered. Reservation of any AFE service or equipment is contingent on its availability.
No credit card, credit line, overdraft protection or deposit account is associated with this Card. No interest, dividends or any other earnings on funds deposited to your Card will accrue or be paid or credited to you by Awesome Family Entertainment LLC. The value associated with the Card is not insured by the Federal Deposit Insurance Corporation (FDIC), or any other governmental or quasi-governmental agency. Unless otherwise required by law or permitted by this agreement, any dollar amount on the Card is nonrefundable and may not be redeemed for cash. AFE reserves the right not to accept a Card or otherwise limit use of a Card if it has reason to believe that Card’s use is unauthorized, fraudulent or otherwise unlawful.
Use of Promotional or Discounted Gift Cards
AFE may periodically offer special sales and promotions during which Cards may be purchased at a discount or given at no cost. Only one (1) promotional or discounted Card may be used to reserve services or equipment for a particular event. Multiple cards purchased at full face value may be used together for a single event.
Receipts and Statements
AFE will not send itemized statements of transactions using prepaid Cards. A Cardholder may check the balance of a Card or review recent transactions by calling 614.224.9568. A Card’s number will be required to access its account information.
Billing Errors, Corrections
AFE reserves the right to correct the balance of a Card account if it believes that a clerical, billing or accounting error has occurred. This includes any limitation or denial of such charges by the financial institution used to purchase this Card. If a Cardholder has questions regarding transaction history or any correction, or if a Cardholder disputes any transaction or correction that has been assessed against a Card, please call 614.224.9568. AFE will immediately conduct an investigation and will communicate the results, correcting any verified error(s), as soon as we conclude that investigation. If no error was found, we will communicate an explanation. A Cardholder must notify AFE of any billing error within 60 days of that transaction, otherwise AFE will bear no liability for such error. AFE offers the means to check Card balances by calling 614.224.9568, and it encourages Cardholders to closely monitor their Card transactions and account balances.
Liability for Unauthorized Transactions
Because a Card may be used as cash for purchases from Awesome Family Entertainment LLC and its affiliates, AFE will assume that transactions made using a Card are made with the authorization of the Cardholder. Because prepaid Cards are considered cash for the reservation of AFE services, AFE has no means of distinguishing between authorized and unauthorized transactions unless notified by the Cardholder PRIOR to any unauthorized use. Therefore, it is the Cardholder’s responsibility to notify AFE immediately if a Card is lost, stolen or destroyed. AFE makes no commitment to replace a lost or stolen card, but it might be possible for AFE to cancel a Card reported lost or stolen. Depending on the circumstances, AFE has the discretion to honor a request to issue a new Card/gift card code if the Cardholder making that request can provide the identification required by AFE.
Changes to This Agreement
AFE may amend the terms of this agreement at any time, including any rights or obligations of the Cardholder. If a Card has been registered, AFE will notify the Cardholder by email of any change in that account or in this agreement. In addition, AFE will post the current terms and conditions of this AFE Gift Card Agreement on its website, columbusparties.com, as they are updated. As permitted by applicable law, any change, addition or deletion will become effective at the time AFE posts the revised agreement to its website or as otherwise stated in its notice to Cardholders. Unless AFE states otherwise, the change, addition or deletion will apply to both existing and future Cards. A Cardholder is deemed to accept any posted changes, additions or deletions unless the Cardholder notifies AFE in writing of that rejection within 20 days of the date specified in the notice or, in the alternative, within 20 days of the date the notice was posted. Use of the Card after such notice period and without such written notice will serve as acceptance of the changes as notified. Written rejection of posted changes, additions or deletions will result in immediate cancellation of that Card, and remaining amounts on that Card must be used within 90 days; failure to utilize a remaining balance under these circumstances and within this timeframe will nullify any prepaid credit remaining on the Card.
Cancellation of This Agreement
AFE may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to a Cardholder at any time, without notice or liability, as allowed by law. Termination may result from fraudulent or unauthorized use of the Card. If AFE terminates this agreement for causes unrelated to the behavior of the Cardholder, AFE will issue company credits equal to the balance held in the Card account, less any amounts owed to AFE for services rendered.
Please read the following terms carefully, as they affect a cardholder’s rights. Purchase of an AFE Card demonstrates the Cardholder’s agreement that any disputes will be resolved through binding arbitration instead of adjudication in a court of law. Arbitration of a dispute will be final and subject to only limited review by the courts. This arbitration clause shall survive termination of this agreement.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of the Cardholder’s relationship with Awesome Family Entertainment LLC. The Cardholder understands and agrees that any dispute or claim made by the Cardholder against Awesome Family Entertainment LLC or any of its affiliates arising out of or relating to this agreement or use of the Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration. However, either a Cardholder or AFE may take claims to small claims court if the dispute qualifies for hearing by such court, including AFE’s claims for collection of debts owed to AFE by the Cardholder. However, even for those claims that may be taken to court, both Cardholder and AFE agree to waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
Cardholder must first present any claim or dispute to AFE by contacting our Guest Relations department and allowing AFE a reasonable opportunity to resolve the dispute. The Cardholder may request arbitration if the claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the established procedures of 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 by calling 1-800-778-7879 or online at adr.org. Cardholder and AFE hereby acknowledge 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 Cardholder and AFE agree otherwise, any arbitration will take place in Columbus, Ohio, 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 nor 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 to large/complex cases, the arbitrator 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 Cardholder nor AFE 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, then the remainder shall still be given full force and effect.
Costs of Arbitration
All administrative fees and expenses of an arbitration will be divided equally between the Cardholder and AFE. In all arbitrations, each party will bear the expense of its own counsel, experts and witnesses, as well as the costs of preparation and presentation of evidence.
Waiver of Punitive Damage Claims and Class Actions
By this agreement, both Cardholder and AFE waive certain rights to litigate disputes in a court of law. If for any reason this arbitration clause is deemed inapplicable or invalid, Cardholder and AFE 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 – Ohio
This agreement shall be governed by and construed in accordance with the laws of the State of Ohio notwithstanding any conflict of law rules. This Card is issued by Awesome Family Entertainment LLC, 1250 Memory Lane North, Columbus Ohio 43209.
Disclaimers and Limits of Liability
Awesome Family Entertainment LLC and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to this 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. Awesome Family Entertainment LLC does not represent or warrant that a Card will always be accessible or accepted. In the event that Awesome Family Entertainment LLC or its affiliates are found liable, the Cardholder shall only be entitled to recover actual and direct damages, and such damages shall not exceed the last balance held on that Card. Awesome Family Entertainment LLC 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 to this agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if AFE or its authorized representative(s) have been advised of the possibility of such damages. In no event shall Awesome Family Entertainment LLC or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Card through accident, misuse or fraudulent means or devices by cardholder or any third party, or as a result of any delay or mistake resulting from any circumstances beyond AFE’s 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 certain Cardholders, and those Cardholders may have rights in addition to those contained in this agreement. In such jurisdiction, AFE’s liability is limited to the greatest extent permitted by law.
AFE may assign all or part of this agreement without such assignment being considered a change to the agreement, and without notice to the Cardholder. If this occurs, AFE will be released from all liability, and 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 the Cardholder and AFE, and it supersedes and merges all prior proposals and all other agreements, if any. 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 Card, please visit AFE’s web site at columbusparties.com or call us at 614.224.9568.