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Terms and Conditions

Thank you for purchasing a digital eGift Load product (Load Pack). These Terms and Conditions (“Terms”) tell you how your product works. Please read them carefully and keep them for future reference. Also, please keep the cash register receipt or emailed receipt you received when you purchased your eGift Load product. Your receipt contains the load pack activation code that you will need in order to activate your load pack or obtain a refund upon request.

By activating or allowing another person to activate your load pack, you agree to these Terms. If you do not agree to these Terms, do not purchase or activate your load pack. Please call MAX REDEMPTION customer service at 1-866-767-8314 to obtain a refund.

In these Terms, “you” and “your” mean any person authorized to use the load pack. “We,” “us,” and “our” mean MAX REDEMPTION, the retail network of merchants through which the purchase of the load pack was completed.  Please refer to the Terms and Conditions you agreed to during the account sign up and identity verification process for account support contact information. “Load pack activation code” or “activation code” means the unique number printed on the load pack purchase receipt.

This E-Sign Disclosure and Consent Notice (“Notice”) applies to all communications, as defined below, for services provided by MAX REDEMPTION. Under this Notice, communications you receive in electronic form from us will be considered “in writing.”

By purchasing and using MAX REDEMPTION “products” and/or “services” you hereby consent to this Notice and affirm that you have access to the hardware and software requirements identified below. In addition, you must review and accept the terms of these services. If you choose not to consent to this Notice or you withdraw your consent, you will be restricted from purchasing or using products and/or services.

 COVERED COMMUNICATIONS

May include, but are not limited to, disclosures and communications we provide to you regarding our products and/or services such as: (i) terms and conditions, privacy statement or notices and any changes thereto; (ii) transaction receipts and confirmations; and (iii) customer service communications (such as claims of error communications) (“Communications”).

 METHODS OF PROVIDING COMMUNICATIONS

We may provide Communications to you by email or by making them accessible on the MAX REDEMPTION websites, mobile applications, or mobile websites (including via “hyperlinks” provided online and in e-mails). Communications will be provided online and viewable using browser software or PDF files. For transactions conducted at MAX REDEMPTION authorized retail locations, Communications may be provided at the retail location. In such cases, you will be able to print the Communication and/or have it e-mailed to you.

 HARDWARE AND SOFTWARE REQUIREMENTS

To access and retain electronic Communications, you must have:

  • A valid email address;
  • A computer, mobile, tablet or similar device with internet access and current browser software and computer software that is capable of receiving, accessing, displaying, and either printing or storing Communications received from us in electronic form;
  • Sufficient storage space to save Communications (whether presented online, in

e-mails or PDF) or the ability to print Communications.

We may request that you respond to an email to demonstrate you are able to receive these Communications.

HOW TO WITHDRAW YOUR CONSENT

You may withdraw your consent to receive Communications under this Notice by writing to us at “Attn: E-Sign Disclosure and Consent Notice, 1093 A1A Beach Blvd #456, Saint Augustine, FL USA 32080”, or by contacting us via the support contact phone number printed on your load pack receipt. Your withdrawal of consent will cancel your agreement to receive electronic Communications, and therefore, your ability to use our products and/or services.

REQUESTING PAPER COPIES OF ELECTRONIC COMMUNICATIONS

You may request a paper copy of any Communications; we will mail you a copy via U.S. Mail. To request a paper copy, contact us by writing to “Attn: E-Sign Disclosure and Consent Notice, 1093 A1A Beach Blvd #456, Saint Augustine, FL USA 32080”, or by contacting us via the support contact phone number printed on your load pack receipt. Please provide your current mailing address so we can process this request. MAX REDEMPTION may charge you a reasonable fee for this service

ELECTRONIC CONTACT INFORMATION

It is your responsibility to keep your primary email address current so that MAX REDEMPTION can communicate with you electronically. You understand and agree that if MAX REDEMPTION sends you a Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, MAX REDEMPTION will be deemed to have provided the Communication to you. You may not be able to purchase products and/or services until we receive a valid, working primary email address from you.

If you use a spam filter or similar software that blocks or re-routes emails from senders not whitelisted in your email client, we recommend that you add Max Redemption to your email address book so that you can receive Communications by e-mail.

You can update your primary email address or other information by contacting us via the support contact phone number printed on your load pack receipt.

FEDERAL LAW

You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

TERMINATION/CHANGES

We reserve the right, in our sole discretion, to discontinue the provision of your Communications, or to terminate or change the terms and conditions on which we provide Communications. We will provide you with notice of any such termination or change as required by law.

PURCHASING A LOAD PACK

For your security, in order to purchase a load pack, you will first need to register for a free account. You may purchase a load pack at participating retail or ecommerce locations. Issuance and purchase fees may vary by retail location and type. All fees will be disclosed prior to purchase and printed on your receipt. You agree to keep the emailed receipt you receive as part of the purchase process in order to verify your load pack purchase.

HOW YOUR LOAD PACK WORKS

Your load pack must be treated “like cash” (CFPB FAQ SEP 13, 2017 https://www.consumerfinance.gov/ask-cfpb). Your load pack does not constitute a checking, savings, or other demand deposit bank account. The load pack is not a credit card, prepaid card, gift card, or stored value. If it is lost or stolen it may not be recoverable. You will not receive any interest on funds associated with your load pack. The funds associated with your load pack are not FDIC insured.

The load pack is not reloadable.

There is no pre-set expiration date for the load pack and there are no inactivity fees. Upon activation of the load pack the value of the load pack is reduced to zero.

REFUNDS

If you have not activated or used your load pack and want to obtain a refund for purchase of the load pack, call MAX REDEMPTION customer service at 1-866-767-8314.

OUR LIABILITY FOR FAILURE TO COMPLETE A TRANSACTION

If a verifiable, valid, and un-activated load pack fails the activation process in the correct amount according to our agreements with you, after your correct and proper instruction, and we are unable to correct the error, we will be liable for the transferring the correct amount or otherwise completing the service, according to your direction. However, there are some exceptions. For example, we will not be liable:

  • If you do not provide us with correct information;
  • If a computer or other system involved in the load pack activation process does not operate properly, and you knew or were informed about the problem when you initiated the transaction;
  • If you attempt to exceed any dollar or frequency limitation imposed by us, and/or any limitations imposed by a program manager or partner bank;
  • If access to your load pack and activation number have been blocked after you reported your activation pin or load pack lost or stolen;
  • If we have reason to believe the requested load pack activation is unauthorized.
  • If your account has been previously identified by us or our service providers or agents to be associated with potentially fraudulent activities;
  • If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of load pack activation, despite reasonable precautions that we have taken; or
  • Any other exception stated in these Terms and Conditions.

In no event will we be liable for consequential damages (including lost profits), extraordinary damages, special, or punitive damages.

CANCELING TRANSACTIONS

We may cancel the purchase of a load pack if we have a reasonable belief that the transaction is fraudulent. If we cancel transaction, we will attempt to notify you via e mail.

You may cancel a load pack activation at any time before you click the “Activate” button. There is no charge for canceling or editing an entry before clicking these buttons, but you may not cancel a load pack activation once you click “Activate”.

YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS

You agree to safeguard your load pack and activation code and treat them like cash. Fraudulent transactions may result in the loss of your money with no recourse. The load pack and activation code generally cannot be replaced if they are lost or stolen, but in some cases, you may be able to receive a refund. You should call customer support at 1-866-767-8314 immediately to report an un-activated lost or stolen load pack. If we can verify that you purchased a load pack that has been lost or stolen, and not been activated, we will attempt to disable that load pack and activation code with the issuer and issue you a refund for the amount of the purchase. Otherwise, we generally will not be able to issue refunds if your load pack and activation code are lost, stolen, or used without your permission.

If you notify us orally, we may require you to give written notice within ten (10) business days. We reserve the right to conduct an investigation into the validity of any claim of unauthorized use. You agree to cooperate with any investigation we may make.

YOUR RIGHTS TO DISPUTE ERRORS

In case of errors or questions regarding un-activated load packs, please contact us at

1-866-767-8314.

In case of errors or questions about your account transactions, contact either by their contact phone numbers located on the website or by accessing their contact information from within your customer dashboard.

Disclaimer of Warranties.

We are not responsible for the quality, safety, legality, or any other aspect of any transactions you make with your account. From time to time, the load pack activation service may be inoperative, and when this happens, you may be unable to activate your load pack. Please notify us if you have any problems activating your load pack. You agree that we are not responsible for any interruption of service.

THE LOAD PACKS (WHICH DOES NOT INCLUDE THE ACCOUNT OR THE MAX REDEMPTION WEBSITE) AND ALL DOCUMENTATION OR CONTENT CONTAINED THEREIN OR PROVIDED THEREWITH ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION REGARDING THE QUALITY, RELIABILITY, TIMELINESS OR SECURITY OF THE ACCOUNT. WE WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON CLAIMING THROUGH YOU FOR ANY INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, OUR LIABILITY FOR ANY AND ALL DAMAGES, LOSSES, CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR $100 DOLLARS, WHICHEVER IS LESS. YOU AGREE TO INDEMNIFY US FOR ALL LOSSES, DAMAGES, LIABILITIES AND COSTS WE INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATED TO YOUR USE OF THE ACCOUNT.

Privacy and Information Sharing.

MAX REDEMPTION Privacy Policy explains how we collect your personal information and with whom we may share it. Without limiting our rights under the Privacy Policy, we may disclose information to third parties about you, your  load pack(s) (1) Where it is necessary for completing the activation of a load pack (2) In order to verify the existence and validity of your purchased load pack(s) for a third party; (3) In order to comply with government agency, court order, or other legal reporting requirements; (4) With your permission; or (5) To our employees, auditors, affiliates, service providers, or attorneys as needed.

Security.

You agree not to give your Load Pack(s) or make them or any other means to activate your load pack available to any unauthorized person. You are responsible for all transactions you authorize. If you permit other persons to use your load pack(s) or give them other means to use your load pack, you are responsible for any transactions they authorize. If you believe that your load pack(s) or other means to use your load pack(s) or that someone else has transferred or may attempt to transfer money from your load pack(s) without your permission, you must notify us at once by calling 877-793-0189.

Here are some tips for keeping your information secure:

  • Use Your Own Computer. It is generally safer to access your financial information from your own computer. Avoid using public computers to access your financial information. Public computers may contain software that captures passwords and PINs, providing that information to others at your expense. If you do use another computer, be sure to delete your “Temporary Internet Files” or “Cache” and clear all of your “History” after you log off. You should periodically check to make sure that no one else has attached any device or added programs to your computer without your knowledge or consent. Consult the Help function on your browser and operating system to learn how to delete this information.
  • Protect Your Passwords and PINs. Do not share your passwords or PINs with others. When you give someone your ID and password, you are responsible for any transactions that person performs. We may suspend or cancel your password if we suspect your password is being used in an unauthorized or fraudulent manner. For your protection, sign off after every session and close your browser to ensure confidentiality. Subject to the E SIGN Disclosure in Section 1, you agree that we may post notices and other communications. You agree to: 1) keep your password and PIN secure and strictly confidential; and 3) immediately notify us and select a new password and PIN if you believe your password may have become known to an unauthorized person.
  • Log Out Completely. Always click the “log out” button to terminate your access to your financial information. Access may not be terminated if you simply close or minimize your browser or type in a new web address when you have finished your online session. Other users of the computer might be able to re-enter the site and have access to your information online if you do not properly log out. If you must visit another site while you are logged into your financial account, use a different type of browser rather than opening another window.
  • Wireless Connections are not 100% secure. Wireless networks may not provide as much security as wired Internet connections. In fact, many “hotspots” — wireless networks in public areas like airports, hotels, internet cafes and restaurants — reduce their security settings so it is easier for individuals to access and use these wireless networks. This increases the possibility that someone may intercept your information.
  • Secure Your Confidential Documents. Keep all your financial documents in a secure place and be careful how you dispose of any documents with financial or other confidential information. Shred documents that have confidential financial or identification information before throwing them away.
  • Safeguard Your Social Security Number. Do not use your Social Security number as a username, password, or PIN, and make sure that it does not appear on your printed checks. If your Social Security number appears on your driver’s license, be sure to ask your state’s Department of Motor Vehicles whether it can use an alternative number. Keep your Social Security card in a safe place and avoid carrying it with you. You should also be sure to safeguard the social security numbers of any dependents.
  • Do a Periodic “Identity Theft” Check. Reviewing your credit report may alert you to inaccuracies and unauthorized activity. You can obtain a free credit report every 12 months from three different credit bureaus. If you think that your personal information has been stolen, immediately contact your bank to notify them of the problem.

Other Terms.

This Agreement will be governed by the law of the State of Florida except to the extent governed by federal law. By using any load pack product or service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida apply to this Agreement and any dispute of any sort that might arise related to load pack or this Agreement. Your rights and obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement in our discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties. We will not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by us. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, that provision shall be deemed severable and the validity or enforceability of any other provision of this Agreement shall not be affected. You acknowledge that we shall not be responsible for any failures, delays or other issues of any kind caused by reasons beyond our reasonable control, including but not limited to acts of God, earthquakes, strikes or shortages of materials. We reserve the right to make changes to our site, policies, terms, and this Agreement at any time without notice.

Telephone Monitoring/Recording.

From time to time, in accordance with applicable law, we may monitor and/or record telephone calls between you and us to assure the quality of our customer service, for security purposes, or as required by applicable law.

Arbitration.

  • (a) Purpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.
  • (b) Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to the load pack or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your load pack or load pack activation code; (ii) the amount of available funds associated with your load pack; (iii) advertisements, promotions or oral or written statements related to the load pack or to transactions made using the load pack; and (iv) the benefits and services related to the load pack. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim qualifies and is individual and pending only in the court. As used in the Arbitration Provision, the terms “we” and “us” shall for all purposes mean the retail merchant, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any load pack (including, but not limited to Issuers who accept transactions made using the load pack, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or ”yours” shall mean all persons or entities approved by us to have and/or use a load pack, including but not limited to all persons or entities contractually obligated under any of the Agreements.
  • (c) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to the Judicial Arbitration and Mediation Services (“JAMS”) For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com.
  • (d) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, UNLESS REQUIRED BY APPLICABLE LAW, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
  • (e) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other load pack holders, or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
  • (f) Location of Arbitration/Payment of Fees: The parties agree to conduct the arbitration by telephone unless otherwise agreed to by the parties. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, that cost may be reimbursed to the prevailing party.
  • (g) Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall apply the Federal rules of civil procedure or rules of evidence. The parties agree to keep the arbitration confidential.
  • (h) Arbitrator’s Authority: The arbitrator or appeals panel shall only have the authority to issue a decision consistent and conforming with this Agreement as interpreted under the laws of the State of Florida. The arbitrator shall not have the authority to issue any decision that would be an error of law or fact. The arbitrator shall not have the authority to award punitive damages. The arbitrator shall issue a reasoned decision, shall issue findings of facts and conclusions of law. The arbitrator shall only require the parties to disclose documents that they intend to rely upon in presentation of their case at hearing. If the arbitrator determines that a party has generally prevailed in the arbitration, then the arbitrator may award to that party its reasonable out-of-pocket expenses related to the arbitration, including filing fees, arbitrator compensation, reasonable attorneys’ fees and reasonable legal costs (“Arbitration Costs”). If the arbitrator determines the party claims are frivolous, the arbitrator shall award Arbitration Costs to the other party.

The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party based solely on the record below. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding. The parties agree that the panel shall have the same scope of authority as the arbitrator and the parties agree that the same award of Arbitration Costs apply under the same determinations made by the panel. If a claim proceeds in court for some reason the parties agree that to the greatest extent permissible by law the terms of this Agreement apply to the court proceeding and the same award of Arbitration Costs apply under the same determinations.

  • (i) Continuation: This Arbitration Provision shall survive termination of your load pack as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

 

Customer Service:

For customer service, please call us at 1-866-767-8314; or email us at [email protected]