Terms and Conditions

For purposes of these Terms and Conditions, “Apex Entertainment” is defined as the businesses, located throughout the United States, currently known and operating as Apex Entertainment and shall include, but not necessarily be limited to, Apex Entertainment LLC, Apex Entertainment CM Albany LLC, Apex Entertainment DM Syracuse LLC and Apex Entertainment TC Virginia, LLC.

The following Apex Entertainment Gift Card Terms and Conditions, together with any additional terms on the Card (this “Agreement”) describe the terms and conditions that apply to use of (i) Apex Entertainment gift cards (including electronic gift cards (“egift Cards”)) (“Gift Cards”) and Associate Discount Cards (“Associate Cards”)(if applicable), in the United States and (ii) use of Apex Entertainment promotional, bonus coupon and incentive cards (“Promotion Cards”) in the United States. Gift Cards, Associate Cards and Promotion Cards are sometimes referred to interchangeably and collectively as “Cards”. This Agreement is between you (the “Cardholder”) and the issuer of the Card (“Issuer”). The Issuer shall be defined as follows: 1) for Cards purchased or obtained at the Apex Entertainment location in Marlborough, MA (or at a promotion or event sponsored by such location) the Issuer shall be Apex Entertainment, LLC; 2) for Cards purchased or obtained at the Apex Entertainment location in Albany, NY (or at a promotion or event sponsored by such location) the Issuer shall be Apex Entertainment CM Albany, LLC; 3) for Cards purchased or obtained at the Apex Entertainment location in Syracuse, NY (or at a promotion or event sponsored by such location) the Issuer shall be Apex Entertainment DM Syracuse, LLC; 4) for Cards purchased or obtained at the Apex Entertainment location in Virginia Beach, VA (or at a promotion or event sponsored by such location) the Issuer shall be Apex Entertainment TC Virginia, LLC; and 5) for Cards purchased online at www.apexentertainment.com, the Issuer shall be Apex Entertainment, LLC. By purchasing, accepting or using your Card, you agree to be bound by this Agreement. If there is a conflict between the terms and conditions set forth herein and the terms on a specific Card, these terms and conditions shall control. If you do not agree with this Agreement, do not purchase, use or accept the Card.

IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of in court and a class action waiver.

1. About Your Card.

The Card is issued by Issuer, as defined above. Issuer is the sole legal obligor to the Cardholder. Issuers’ affiliates, subsidiaries, parent entities and other related entities (“Affiliates”) bear no responsibility or liability for any Card, and you hereby knowingly release Affiliates from any and all liability or claims of any nature whatsoever arising in connection with the Card. Gift Cards can be purchased at participating Apex Entertainment locations in the United States, or online (if/when the functionality for such purchase is available to you at Issuer’s discretion) www.apexentertainment.com. Gift Cards are only valid if obtained from a participating Apex Entertainment location or from www.apexentertainment.com (if/when the functionality for such purchase is available to you at Issuer’s discretion). Associate Cards, to the extent the same are offered at any time and from time to time, are able to be purchased only by associates employed by Apex Entertainment and only in the manner made available by Apex Entertainment. Promotion Cards may be provided to you as a promotion in connection with the purchase of a Gift Card or in connection with another promotion at participating Apex Entertainment locations or eligible promotional event location as determined by Issuer in Issuer’s discretion. Promotion Cards are not Gift Cards and are not able to be purchased. Cards are not valid if obtained from unauthorized sellers or resellers, including through Internet auction sites. Cards are not debit or credit cards.

2. Balance Inquiry.

For balance inquiry, visit any participating Apex Entertainment in the United States. In most cases, the balance is adjusted 24 hours after you make a purchase, but there may be occasions when the balance adjustment is delayed.

3. Expiration/Deactivation.

Gift Cards do not expire, and no fees for inactivity or service fees apply to such Cards. Associate Cards do not expire, and no fees for inactivity or service fees apply to such Cards. Promotion Cards expire on the date set forth on the Promotion Card, and any applicable inactivity or service fees are also identified on the Promotion Card. Issuer reserves the right to cancel any Promotion Card at any time, for any reason and without advance notice. Issuer reserves the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check or other failure of consideration.

4. Redemption.

Cards are redeemable only for purchases of food, beverages and other goods and services and related fees and charges, if any, identified by Apex Entertainment from time to time, and may be redeemed online at www.apexentertainment.com or at participating Apex Entertainment locations in the United States. Cards have no cash value and may not be redeemed for cash except as required by law. Cards are not redeemable to purchase another Card or towards previously purchased goods or services.

5. Reloadable.

Gift Cards may be reloaded with value. Promotion Cards cannot be reloaded with value at this time.

6. No Refunds.

Cards are not refundable or redeemable for cash unless required by law and may not be returned or cancelled (e.g. in connection with a cancelled order or otherwise).

7. Lost, Damaged Or Stolen Card.

The value of any lost, damaged or stolen Card, or any Card altered or used without authorization, will not be replaced or replenished, except in limited circumstances with proof of purchase. If you suspect someone has copied or stolen your Card, call 1 (508) 251-8666 x1204 immediately.

8. Limitations.

The maximum value that can be associated with any one Gift Card is two hundred dollars ($200.00) and total purchases of Gift Cards for any one individual may not exceed (i) five hundred dollars ($500.00) in one calendar day with respect to online purchases of Gift Cards directly from Apex Entertainment at www.apexentertainment.com (if/when the functionality for such purchase is available to you at Issuer’s discretion), and (ii) two thousand dollars ($2,000.00) in one calendar day with respect to all other purchases of Gift Cards. Without the prior written consent of Apex Entertainment, Cards cannot be resold or transferred for value and such Cards are void if resold or transferred for value. Promotion Cards may also have additional restrictions as set forth on the Promotion Card.

9. Our Privacy Policies.

Information that you provide when purchasing a Gift Card online, and information you provide online in connection with your receipt of a Promotion Card, is subject to the Privacy Policy of the authorized distributor where you purchase a Card or that distributes the Promotion Card to you. Apex Entertainment’s Privacy Policy is located at https://www.apexentertainment.com/privacy-policy/.

10. Mandatory Binding individual Arbitration.

Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this agreement.

A. ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER

You and Issuer agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of the Card, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration, except that you or Issuer may take claims to small claims court if they qualify for hearing by such a court.

You and Issuer agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.

You and Issuer agree to waive the right to trial by jury.

This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Apex Entertainment LLC and its affiliates, subsidiaries, parent entities and other related entities .

The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Issuer 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, mass, consolidated, or combined basis.

B. ARBITRATION PROCEDURES

Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To begin an arbitration proceeding, you must serve Issuer’s registered agent for service of process, which can be found at the applicable Secretary of State’s database in the state where the Issuer is located.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Issuer will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Issuer will reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.

Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief).

Judgment on the award may be entered in any court of competent jurisdiction.

11. Limitation Of Liability.

ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

12. Governing Law.

The laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, shall govern this Agreement and use of your Card.

13. Changes To Agreement.

Issuer reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at www.apexentertainment.com.

14. Fraud/Violation of Terms.

Issuer reserves the right to refuse to honor a Card where Issuer suspects that (i) the Card was obtained fraudulently or (ii) the Card was obtained/used in violation of this Agreement. If your Card is rejected, you may contact us at call (508) 251-8666 x1204.

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