IMPORTANT - READ CAREFULLY

The SEAPORT DISTRICT NYC Card is issued by Seaport Marketing Services, LLC (hereinafter “We”). The following Terms and Conditions apply to the use of the SEAPORT DISTRICT NYC Gift Card, (hereinafter “Card”) and constitutes an agreement (hereinafter “Agreement”) between You (“You”) and Seaport Marketing Services, LLC. Use of the Card also constitutes acceptance of this Agreement, as well as our Privacy Policy.

The SEAPORT DISTRICT NYC Card currently comes in the following forms:

(i)              a physical Card; and

(ii)            digital eGift Card.

In this Agreement, the term “Card” refers to both the physical version of the Card and the digital eGift Card, except where indicated otherwise.

Note: This Agreement includes a binding arbitration provision, a class action and jury trial waiver, and limitations on liability and damages.

About Your SEAPORT DISTRICT NYC Card

How to Purchase a SEAPORT DISTRICT NYC Card

The physical SEAPORT DISTRICT NYC Card may be purchased at participating SEAPORT DISTRICT NYC locations at the SEAPORT DISTRICT, New York, NY, 10038 in the U.S. The SEAPORT DISTRICT NYC digital eGift Card may be purchased online at www.seaportdistrict.nyc/giftcard.

Use of SEAPORT DISTRICT NYC Cards

The SEAPORT DISTRICT NYC Card is usable up to its balance only to purchase food, beverages and merchandise at participating SEAPORT DISTRICT NYC locations at the SEAPORT DISTRICT, New York, NY 10038 in the U.S.

Restrictions

The SEAPORT DISTRICT NYC Card must be presented at the time of order to purchase goods. The Card may not be used to buy additional Cards, and is not redeemable for cash except as may be required by law. The Card also may not be resold without the prior consent of Seaport Marketing Services, LLC. The Card is not a credit or debit card, and no credit card, overdraft protection, deposit account, or depository insurance is associated with it.

Currency

The SEAPORT DISTRICT NYC Card is available in U.S. Dollars (“USD”) only.

Expiration / Fees

The SEAPORT DISTRICT NYC Card prepaid dollar value balance does not expire, nor do we charge any fees in connection with its use.

Balance

You can check the balance on a SEAPORT DISTRICT NYC Card HERE.

PIN

Your SEAPORT DISTRICT NYC Card has a Card Number and a Personal Identification Number (“PIN”) associated with it. On physical SEAPORT DISTRICT NYC Cards, the PIN can be found by scratching off the silver box on the back of the Card. For SEAPORT DISTRICT NYC eGift Cards, the PIN will be contained in the email in which the Card is delivered. The PIN is used to help identify You when checking account information online or when talking by telephone with customer service representatives.

Reloading Your Card

A SEAPORT DISTRICT NYC Card may also be loaded or reloaded with USD.

You can reload Your SEAPORT DISTRICT NYC Card dollar value balance in several ways. The physical SEAPORT DISTRICT NYC Card may be reloaded at participating SEAPORT DISTRICT NYC locations at the SEAPORT DISTRICT, New York, NY, 10038 in the U.S and may also be reloaded online at www.seaportdistrict.nyc/giftcard using a debit or credit card.

Physical SEAPORT DISTRICT NYC Cards need not be registered in order for them to be reloaded online at www.seaportdistrict.nyc/giftcard using a credit card. SEAPORT DISTRICT NYC digital eGift Cards may be reloaded online at www.seaportdistrict.nyc/giftcard.

The maximum dollar value that can be associated with any one SEAPORT DISTRICT NYC Card at any given time is $2,000.00. The maximum value that can be associated with a Card on any calendar day, between beginning balance and reload activity, is $2,000.00. No single individual may purchase Cards with a total value of more than $10,000.00 on any calendar day.

Unauthorized Transactions / Replacement of Lost, Stolen, or Damaged Cards

You are responsible for all transactions associated with Your SEAPORT DISTRICT NYC Card, whether authorized or unauthorized. You should take necessary precautions to safeguard Your Card.

Fraud

We reserve the right to refuse to accept or to otherwise limit the use of any SEAPORT DISTRICT NYC Card if we reasonably believe the use is unauthorized or unlawful.

Resolution of Disputes / Limitations on Liability and Damages

Please read this entire section carefully. This section requires binding arbitration of most disputes instead of pursuing any action in court, and affects legal rights that You may otherwise have.

Arbitration Rights / Class Action and Jury Trial Waiver

Any claim, controversy, or dispute arising out of or relating to Your use of the SEAPORT DISTRICT NYC Card or this Agreement (based in contract, tort, statute, or other legal theory) shall be resolved by binding arbitration in accordance with the arbitration procedures set forth below, except that we or You may pursue relief in small claims court if the dispute falls within the applicable small claims court’s jurisdiction. Notwithstanding the forgoing, we or You may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

We and You both hereby waive the right to pursue any claim arising out of or relating to Your use of the SEAPORT DISTRICT NYC Card or this Agreement on a class action, consolidated, representative, or private attorney general basis, whether in arbitration or in court. We and You also hereby waive the right to a jury trial.

For clarity, Seaport Marketing Services, LLC is only involved in the issuance of SEAPORT DISTRICT NYC Cards and the administration of the SEAPORT DISTRICT NYC Card program. It is not a part of SEAPORT DISTRICT NYC and is not in any way involved the sale of SEAPORT DISTRICT NYC products. The arbitration clause contained in this Agreement only applies to claims which actually arise out of or relate to the use of SEAPORT DISTRICT NYC Cards or this Agreement, such as disputes over credits or debits to Your Card account, or redemptions required under state law.

Note: In some jurisdictions, the law may not permit the foregoing arbitration clause, waiver of class actions, or waiver of jury trial. If those laws are applicable to You, some or all of the foregoing requirements and waivers may not apply to You. In that event, the requirements and waivers shall be applicable to the fullest extent allowed by law.

Arbitration Procedures

Any arbitration in connection with this Agreement shall be conducted by the American Arbitration Association (the “AAA”), in accordance with its Consumer Arbitration Rules (the “AAA Rules.”). The AAA Rules and information about the arbitration process are available at www.adr.org or by calling 1-800-778-7879.

If You wish to initiate an arbitration proceeding, You must send a letter describing Your claim to Corporation Services Company registered agent, 211 E. 7th Street, Suite 620, Austin, TX 78701-3218. The letter must briefly explain the dispute, identify the names and addresses of any interested parties, specify the amount of money in dispute (if any), identify the requested location for the arbitration hearing if You wish to have an in-person hearing, and state what You are seeking in terms of relief. You must also file it online using the AAA’s WebFile system, which may be accessed through www.adr.org.

The arbitration will take place in the county in which You reside and will be decided by a single arbitrator, unless otherwise agreed to by the parties. The arbitrator will have the power to award You, on an individual basis, the same damages and other relief that a court can award under this Agreement and applicable law.

For claims of less than $1,000, we will be responsible for paying all administrative fees and costs. Otherwise, the payment of all administrative fees and costs will be governed by the AAA Rules. Reasonable attorneys’ fees and related expenses may be awarded only to the extent permitted under applicable law.

The arbitration award will be subject to limited court review, and judgment on the award may be entered in any court having proper jurisdiction. The arbitration shall be confidential, and neither we nor You may disclose the existence, content, or results thereof, except for purposes of enforcement of any arbitration award or otherwise required by law.

Limitations of Liability and Damages

We make no warranties, express or implied, with respect to the SEAPORT DISTRICT NYC Card, including but not limited to any implied warranty of merchantability or fitness for a particular purpose. In the event that Your Card is lost, stolen, damaged, or otherwise rendered non-functional, Your sole remedy, and our sole liability, shall be the replacement of such Card in accordance with the terms set forth above.

We and You agree that, on any claim arising out of or relating to Your use of the SEAPORT DISTRICT NYC Card or this Agreement, recovery of damages shall be limited to actual and direct damages, and may not include any indirect, special, consequential, enhanced, or punitive damages. We and You both hereby waive the right to seek or recover any indirect, special, consequential, enhanced, or punitive damages.

Note: In some jurisdictions, the law does not permit limitations on implied warranties or the limitation or exclusion of certain types of damages. If those laws are applicable to You, some or all of the foregoing limitations and waivers may not apply. In that event, the limitations and waivers shall be applicable to the fullest extent permitted by law.

Extension to Related Entities and Persons / Survival

The foregoing arbitration provision, limitations, and waivers are intended to be construed broadly, and shall apply to any and all claims arising out of or relating to Your use of the SEAPORT DISTRICT NYC Card or this Agreement, against any entity or person affiliated with SEAPORT DISTRICT NYC, including but not limited to Seaport Marketing Services, LLC and any of their respective directors, officers, employees, or other representatives.

The foregoing arbitration provision, limitations, and waivers shall also survive the termination of this Agreement.

In the event that any part of this Agreement is determined by an arbitrator or court to be invalid or unenforceable, the remainder shall still be given full force and effect, to the fullest extent permitted by law.

Governing Law

We and You agree that Your use of the SEAPORT DISTRICT NYC Card, and this Agreement, evidence transactions affecting interstate commerce, which render this Agreement subject to the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

This Agreement shall otherwise be governed by and construed in accordance with the substantive laws of the State of Texas, without reference to any rules regarding conflicts of law.

Effective Date / Changes to Terms and Conditions

These SEAPORT DISTRICT NYC Card Terms and Conditions are effective upon publication on this website. You should not use Your Card if You object to this Agreement. Use of the Card constitutes acceptance of this Agreement.

We reserve the right to modify or terminate the SEAPORT DISTRICT NYC Card Terms and Conditions at any time, by posting notice of such modifications on this website.