Buy it*® Cards Community Shopping Card Programs
Card Holder Terms of Use and Agreement -Last updated 3.12. 2014
The buyit*® card is a product and service of Buy It Local, LLC. Buy it*®cards are community cards, designed to facilitate local purchasing and benefit economic development. The purpose of buy it*® card programs and other programs of Buy It Local, LLC, is to use consumer technologies to make it easier for consumers to patronize local merchants and support local economies. IMPORTANT -- PLEASE READ: The following Agreement are the terms and conditions that apply to your buyit*® card. The terms “you” and “your” refer to the person who purchased the buyit*® card and/or the person who registered the card or is using the buyit*® card. The terms “we”, “us” and “our” or "Buy It Local" or "BuyIt*® cards" mean Buy It Local, LLC and its parents, subsidiaries, affiliates, sponsors, licensed buyit*® cards local program operators, successors and assignees, and the financial institution holding the funds associated with our buyit*® card account. The term “card” refers to the buyit*® community shopping cards. Any prepaid funds loaded to your card account are held in a Buy It Local, LLC account at an FDIC Insured Institution ("Bank"). Your card account is not an individual consumer account with the Bank. By using your buyit*® card, you agree to the terms of this Agreement and you represent that you are of sufficient legal age and capacity to create binding and legal obligations for the liability you may incur as the result of the use of the card. Except as otherwise provided by applicable law you agree to be financially responsible for all uses of the card, whether by you or any person you allow to use the card. Please write down and put in a safe place the unique identification number and customer service contact information for the licensed local buyit*® card program operator for your card program located on the back of your card. You will be required to provide these numbers to obtain a replacement card if your card is lost or stolen. To maintain a record of your card and its activity(along with its unique identification number), you are strongly encouraged to register your card online, if made available by your local buy it*® program. The website for online card registration will appear on the back of your buy it*®card. Once registered, you should promptly update any changes to your email address and contact information by updating your Cardholder Profile online should it change. It is the obligation of cardholders to keep their contact information current associated with cards they register.
About Your Card Account Your buyit*® card allows you to load a dollar value onto your card for future purchases at multi- merchant locations who are registered with the buy it*®cards licensed program in your area. In some cases, your buy it*® card may be used for loyalty programs for accumulating “points”. Dollar values that are loaded onto your card is a pre-payment to an account that may be used only to purchase goods and services at participating merchants who are registered by the local buyit*®card licensed program. Each time you use the card to purchase goods or services you authorize us to charge the purchase amount against your card’s available value. If you authorize another person to use the card, you agree to be liable for all transactions arising from that person's use. Unless otherwise required by law or expressly provided in this Agreement, all amounts on your buyit*® card are non-refundable. YOU MUST HAVE THE BUYIT*® CARD PRESENT IN ORDER TO MAKE A PURCHASE. ALTHOUGH YOU MAY HAVE RECEIVED THE BUYIT*® CARD AS A GIFT, IT IS COMMUNITY SHOPPING CARD NOT A GIFT CARD AND IS NOT SUBJECT TO GIFT CERTIFICATE OR GIFT CARD LAWS. YOUR CARD IS A PREPAID OR LOYALTY COMMUNITY SHOPPING CARD THAT MAY BE USED TO PURCHASE GOODS AND SERVICES AT AFFILIATED PARTICIPATING MERCHANTS. THE BUYIT*® CARD MAY NOT BE REDEEMED FOR CASH, EXCHANGED FOR CASH OR CASH EQUIVALENTS (E.G., MONEY ORDERS OR TRAVELER'S CHECKS) OR CREDIT. YOU CANNOT RECEIVE CASH BACK IN CONNECTION WITH A PURCHASE OF GOODS OR SERVICES, OR AT AN AUTOMATIC TELLER MACHINE. THE BUYIT*® CARD IS NOT A CREDIT CARD, CREDIT LINE, OR DEPOSIT AND DOES NOT HAVE OVERDRAFT PROTECTION. YOUR BUYIT*® CARD ACCOUNT WILL NOT ACCRUE, AND YOU WILL NOT BE PAID OR CREDITED, ANY INTEREST, DIVIDENDS, OR ANY OTHER EARNINGS. THE VALUE ASSOCIATED WITH YOUR BUYIT*® CARD IS NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC); HOWEVER FUNDS ASSOCIATED WITH THE LICENSED BUY IT*®CARD PROGRAM ARE DEPOSITED IN FDIC INSURED INSTITUTIONS ONLY.. For an up-to-date list of local merchants in your area that accept the buyit*® card, go to the website indicated on the back of your buyit*® cardor contact your local buyit*® card operator (see card back for contact information). We reserve the right for buyit*® card local operators to alter the list of participating merchants without giving prior notice to you. We reserve the right not to authorize a merchant to accept any buyit*® cards, deny a transaction using the card or otherwise limit use of a buyit*® card if we reasonably believe that the use is unauthorized, fraudulent, otherwise unlawful or fails to satisfy standards established by Buy it Local, LLC for maintaining a high quality merchant network. The card may not be used for preauthorized payments, internet gambling, mail order or telephone or internet purchases.
Customer Service Information. To check your available card balance you may check in in your online buyit*® cards cardholder account (if available in your area), check a balance at any local participating redeeming location or call Customer Service for your local buyit*® card program listed on the back of your buyit*® card . You may also check the card balance of any buyit*® card online at www.buyitcard.com. Please submit any written questions or complaints or disputes directly to your licensed local buyit*® card operator. If your issues are not satisfactorily resolved, please submit such matters in writing to buyit*® card at: Buy It Local,LLC, Customer Service, 212 W 8th Street., Chattanooga, TN 37402, or by email to admin@buyitcards.com. Registering Your BuyIt*® CardWhen you receive the card it must be loaded at the merchant or other authorized sales location so that it will have an initial value (not to exceed $1000, wit additional card registration and identification requirements cards may be loaded up to $3,000). In most cases, you may use the original value on the card without further activating or registering the Card (some exceptions apply for card sales which may occur at street fairs, festivals, markets or other similar venues, a waiting period prior to activation may be required).
We encourage card registration, however, whenever possible. Before reloading your card, you must register the card with us by calling your Customer Service telephone number. We may refuse registration your card at our sole discretion. For example, we may decline to register your card if the card’s unique identifying number has previously been reported to be lost or stolen. You will be asked to provide personal identification information during the registration process. We will use the information to verify your identity and to process your card transactions. If we cannot verify your identity based upon the information you provide, we may refuse to register the card and you will not be able to reload value to the card. Please see our Privacy Policy for further information. Buy It Local, LLC will use certain of your personal information (addresses and email addresses) to provide you with offers from us and from buyit*® cards participating merchants. You may opt-out of receiving these offers at any time by indicating so on any that you may receive. Buy it Local, LLC and its licensed programs will follow whatever measures are required to comply with applicable laws including, without limitation, the USA Patriot Act and the Bank Secrecy Act. You agree that Buy it Local, LLC is authorized to comply with the law and regulations as requested by law enforcement regarding any of our cardholders.
Loading Value on Your Card. $1000.00 is the standard, maximum buyit*® card value. . The minimum suggested amount loaded onto your buyit*® card is $20.00, although this can vary by local program operator. We may change the maximum and minimum amounts that may be loaded or stored on the card at any time. Notification can occur in any of the following ways: at the point of sale, by phone when you call customer service, by email, through the local customer service website, through news notifications or announcements. Such change shall constitute an amendment to this Agreement. We also may limit the number of cards you may register. We reserve the right to accept or reject any request to reload value to the card.
Card Fees.Whenever a card is used at a merchant location the fee is automatically deducted from the card balance at the time a fee or charge is incurred. In some markets, a standard issue service fee may be applied to purchase your buy it*® card purchase price which, may typically range from $2.00 -$5.00 ( this amount is paid in addition to the amount of the original face value loaded onto the card). Cards that are destroyed, damaged, lost or stolen may be replaced for $5.00, which will be deducted from the available balance of your buyit*® card account. Cards may be used for a full twelve months without any fees to the cardholder. Cards and card balances do not have an expiration date, but after twelve months without activity (purchases or reloads), then monthly service fees of $5.00 will be charged against the unused card balance each month . If a card is dormant for several years and we are required to report the funds as abandoned or unclaimed property (see Unclaimed Property below), a $10.00 fee per card (or the remaining balance whichever is less) will be assessed against the card balance for administrative costs to report and process your remaining balance as abandoned or unclaimed property, subject to respective state and other regulatory provisions. Again, the purpose of buy it*®card programs is to assist in supporting local merchants and local economies, which cannot occur if monies lay dormant for excessive periods of time. Buyit*® cards are meant to be spent, they are shopping cards/spending cards.
Card Balances, Receipts, Statements and Other Communications.You can check the balance of your buyit*® card by registering your card online or contacting the customer service number printed on the back of your card. When you use your buyit*® card to make purchases, the merchant should provide you with a receipt, your available card balance, or both. The receipt will indicate that the purchase was made using a buyit*® card and will provide the remaining balance of your buyit*® card(note: some merchants may not have this capacity) SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE YOUR BUYIT*® CARD, AND CHECK THEM AGAINST THE YOUR ONLINE STATEMENT. To access your online statement, you must register your card first. If you have any questions or dispute regarding these transactions, you should promptly contact your local buyit*® card Customer Service representative. Cardholders are not sent paper statements of their buyit*® card transactions. You agree to check your balances online as a registered cardholder or as indicated above and to review electronic statements made available for registered cardholders online. You agree that these are reasonable procedures for monitoring account balances. You agree that any notice or other type of communication we provide to you under this Agreement, and any future disclosures required by law, including electronic funds transfer disclosures, may be made electronically by posting on your local buyit*® card program website (as indicated on the back of your buyit*® card), at www.buyitcards.com, or, at our option, by e-mail to the e-mail address you provide to us. IT IS IMPORTANT THAT YOU CHANGE YOUR E-MAIL ADDRESS AND OTHER CONTACT INFORMATION IN YOUR ACCOUNT "PROFILE" IF SUCH CHANGES OCCUR, SINCE THAT IS HOW WE WILL COMMUNICATE WITH YOU. You agree that the posting of any notice or other type of communication required by this agreement and any future disclosures required by law on your local buyit*® card program website (as indicated on the back of your buyit*® card) or at www.buyitcards.com shall constitute full notice to you. You agree to review our website on a regular basis for the purpose of reading any such notice and/or disclosure.
Error Resolution.You should monitor your transactions and account balances closely. If you think your periodic statement or account balance is wrong or if you need more information about a transaction listed on the balance posted on your account, please contact your local Customer Service. Representative. Your local buyit*® card program must hear from you no later than 60 days after we FIRST made the periodic statement available to you. When notifying us of an error or dispute regarding your card transactions: (i) tell us the name and address of the cardholder and the card number (you may also be asked to provide a security code for the card); (ii) describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and (iii) tell us the dollar amount of the suspected error. If you tell the buyit*® card program representative orally, we may require you to send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and correct any error promptly. However, if we need more time we may take up to 90 days to investigate your complaint or question. If we decide to take more than 10 business days to investigate the matter, we will provisionally credit the card within 10 business days (or 20 business days if it is a new card account) for the amount you think is in error so that you will have the use of the value during the time it takes us to complete the investigation. We may not credit the card if we ask you to put your complaint or question in writing and we do not receive it within 10 business days. We will tell you the results within 3 business days after completing our investigation and we will correct any error promptly. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH YOUR BUYIT*® CARD MUST BE DIRECTED TO US AND NOT TO THE BANK. We are responsible for the cards and service and for resolving any errors in transactions made with your card.
Your Liability for Unauthorized Transfers. Tell us AT ONCE if you believe your Card or identifying information has been lost or stolen or if you believe that a purchase has been made without your permission. Contact your local customer service representative through the contact on the back of your buyit*® card . In these cases, buyit*® cards central operations offices may also be contacted at: (423)643-0715. You could lose all the money remaining on your card if someone has access to your card. If you tell us within 2 business days after you learn of the loss or theft of your card or identifying information or of an unauthorized purchase, you can lose no more than $50 if someone used your card without your permission. If you DO NOT tell us within 2 business days after you learn of the loss or theft of your card or the purchase without your permission, and we can prove that we could have stopped someone from using your card if you had told us, you could lose as much as the face value of the funds available on your card.
Returns/Credits and Disputes with Merchants. Buyit*®cards programs and participating merchants are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship among Buy It Local, LLC and any participating merchant. Buy It Local, LLC, our Bank and licensed local buyit*® card operators are not responsible for information, goods or services provided by participating merchants. Any refunds for purchases or returned goods purchased with the Card, will be given by the merchant from whom the goods/services were purchased, in the form of a credit to your Card account. You will not receive a cash refund. Neither the Bank nor Buy It Local, LLC or our licensed local buyit*® card operators are responsible for the delivery, quality, safety, legality or any other aspect of goods and services that you purchase using the buyit*® cards. All disputes must be resolved directly between you and the merchant who sold you the goods or services. Buy it Local, LLC and licensed local buyit*® card operators reserve the right to terminate participation of any cardholder or merchant in the buyit*® card program who violates directly or indirectly through others (such as through employees or other cardholders) this Agreement or any law in connection with use of their licensed local buyit*® card or access to card account information (including trade or consumer protection laws) or the Operating Rules of the buyit*local card program. Termination of participation will b e in addition to other rights and remedies Buy It Local, LLC and licensed local buyit*® card operators may have under applicable law.
Unclaimed Property. If we have no record of card activity (purchases or reloads) for several years, and we are unable to locate you, applicable law may require us to report and deliver to the state the balance on your card as abandoned or unclaimed property. If this occurs, we may try to locate you at the address (email and/or postal address) shown in our records, so we encourage you to keep us informed if you change your postal and/or email address. You may notify us of a change of your postal and/or email address by contacting your local licensed local buyit*® card operator.
Information Given to Third Parties. We may disclose information (including personally identifiable information) to third parties about you, the card, your card account and the transactions related to the card and/or card account: (i) where it is necessary or helpful for completing a transaction; (ii) in order to verify the existence and condition of the card or card account for a third party (e.g. a merchant); (iii) in order to comply with any law or to comply with requirements of any government agency, court orders, law enforcement or other regulatory requirements; (iv) if you give us your written consent; (v) to service providers who administer the card or the card account or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (vi) in order to prevent, investigate or report possible illegal activity; (vii) in order to issue authorizations for transactions on the card; (viii) as otherwise permitted by law .
Privacy Statement. All data provided by cardholders throughbuyit*®card programs is the sole property of Buy It Local, LLC . Buy itLocal, LLC and its affiliates view cardholder privacy as very important. We store and process your information in the United States through technology that is protected by physical as well as technological security devices. We use third parties to verify and certify our privacy processes. Contact information you provide to Buy it Local, LLC through a buyit*® cards program may only be provided to licensed local buyit*® card operators ,participating merchants and program sponsors. You may contact your licensed local buyit*® card operator to request that we not disclose your contact information to buyit*®cards merchants or sponsors. Aggregated transactional and demographic data collected as a result of buyit*®cards programs, may be used without restriction for future activities related to economic development, market planning, community research, and community development. However, such processes shall occur in aggregate and shall not , without exception, divulge individual identity and personal financial data.
No Warranty.WE, OUR SUBSIDIARIES, PARENTS, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, LICENSED PROGRAM OPERATORS, SPONSORS AND OUR SUPPLIERS PROVIDE OUR CARDS AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Our Liability for Failing to Make Transfers.If we do not complete a transaction to or from the card on time or in the correct amount according to our Agreement with you, we may be liable for your losses or damages except if: (a) through no fault of ours, your card balance is insufficient for the transaction; (b) if a computer system or point-of-sale terminal was not working properly and you knew about the problem when you started the transaction; (c) if a merchant refuses to honor the card; (d) if circumstances beyond our control (such as fire, flood, terrorist attack or national emergency) prevent the transaction, despite reasonable precautions that we have taken; (e) if you attempt to use a card that has not been properly activated or if you attempt to reload a card that has not been properly registered; (f) if an employee of Bank or a participating merchant did not properly load funds to the card; (g) if the card or its associated PIN or access code has been reported as lost or stolen, has been suspended by us, or we have reason to believe the transaction is not authorized by you; or (h) as otherwise provided in this Agreement.
Limits on Buy It Local's Liability.NEITHER WE, NOR BANK, OUR FINANCIAL UNDERWRITERS OR SPONSORS, NOR ANY OF OUR RESPECTIVE PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, LICENSED PROGRAM OPERATORS, OR EMPLOYEES, WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES, INCLUDING LOADING OF THE CARD; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO POINT-OF-SALE OR TRANSACTION PROCESSING EQUIPMENT, MERCHANT EQUIMENT OR ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DIRECT DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER, AND WE WILL NOT BE LIABLE TO YOU FOR, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE PROHIBITED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR WILLFUL MISCONDUCT BY THE BANK, LICENSED PROGRAM OPERATORS OR BUY IT LOCAL, LLC SHALL BE LIMITED TO THE TOTAL AMOUNT TO BE LOADED ON THE CARD (SUBJECT TO LOAD LIMITATIONS OF THIS AGREEMENT) IF THE NEGLIGENCE OR MISCONDUT RELATES TO LOADING VALUE, OR THE AMOUNT OF THE AUTHORIZED TRANSFER OF VALUE ATTEMPTED (SUBJECT TO TRANSFER AND PURCHASE LIMITATIONS OF THIS AGREEMENT) IF THE NEGLIGENCE OR MISCONDUCT RELATES TO VALUE TRANSFER TRANSACTONS, AND FOR ANY OTHER NEGLIGENCE OR MISCONDUCT THE MAXIMUM LIABILITY SHALL BE $1,000. THE ABOVE LIMITATIONS SHALL SURVIVE THE TERMINATON OF THIS AGREEMENT AND YOUR USE OF THE CARD.
You agree to indemnify and hold us and (as our parents, subsidiaries, affiliates, officers, directors, agents, and employees, licensed program operators, sponsors, Bank and our financial underwriters, harmless from any third party claims or demands, and you agree to pay all damages, costs and expenses we incur, including reasonable attorneys' fees, due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
Changes to This Agreement.We may amend the terms of this Agreement at any time, including any rights or obligations you or we may have. We will post the terms to the modified agreement on your local program operator’s web site and also at www.buyitcards.com. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised agreement to our web sites or as otherwise stated in our notice to you. However, we will give you notice at least 21 days before the effective date of any change if the change would result in: (i) increased fees you would be required to pay; (ii) increased liability for you; (iii) fewer types of available electronic fund transfers; or (iv) stricter limitations on the frequency or dollar amount of transfers (e.g., the amount of purchases or reloads you may perform in a specified period of time). Unless we state otherwise, the change, addition or deletion will apply to your future and existing the buyit*® cards. You are deemed to accept the changes, additions or deletions if (1) you do not notify your local program operator to the contrary in writing within twenty (20) days of the date of our notice or such other time specified in the notice, or (2) you use your the buyit*® card after such notice period. If you notify your licensed local buyit*® card operator in writing that you do not accept the changes, additions or deletions and request that your buyit*® card be cancelled, your licensed local buyit*® card operator will inactivate the card and any amounts remaining on your buyit*® card will be refunded by check within thirty (30) days by your licensed local buyit*® card operator after we receive your written request. Notice to you may not be given of changes if we need to make the change in order to maintain or restore the security of the buyit*® card or card account or any related payment system. If any such change becomes permanent and disclosure to you of the change would not jeopardize the security of the card or any related payment system, Buy it Local, LLC or your licensed local buyit*® card operator will provide notice to you within 30 days from making the change.
Cancellation of This Agreement. Buy it Local, LLC or its licensed local buyit*® card operators may suspend or terminate or revoke or limit any or all of the rights and privileges granted to you by this Agreement, at any time without notice or liability. Termination of further use of the card may result from your fraudulent or unauthorized use of the buyit*® card. If we terminate your further use of the card, we will refund the balance then stored in your buyit*® card less any amounts that you may owe us. In the event that your use of the card is terminated, this Agreement, as it may have been amended as of the date your card is terminated, shall survive any such termination.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES YOU MAY HAVE WITH US THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO VERY LIMITED REVIEW BY A COURT. THE FOLLOWING ARBITRATION PROVISIONS SHALL SURVIVE TERMINATION OF THIS AGREEMENT OR TERMINATION OF YOUR RIGHT TO USE YOUR BUY IT*® CARD.
Waiver of Punitive Damage Claims and Class Actions. By this Agreement, you, licensed local buyit*® card operators and Buy It Local, LLC are waiving certain rights to litigate disputes, and to have the dispute resolved in court by a judge or jury. If for any reason these arbitration provisions are deemed unenforceable or invalid, you and we 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.
Informal Dispute Resolution.In the event a dispute arises between you , your licensed local buyit*® card operator or Buy it Local, LLC, our goal is to resolve the dispute quickly and cost effectively. You must first present any claim or dispute to us by contacting your licensed local buyit*® card operator to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. We strongly support non-adversarial resolution alternatives and we will consider reasonable requests to resolve the dispute through mediation or other alternative dispute resolution procedures, such as mediation, as an alternative to or before commencing arbitration or litigation.
Binding Arbitration.You, licensed local buyit*® card operators and Buy It Local, LLC agree that all claims and disputes shall be determined by final, binding arbitration and that either you, licensed local buyit*® card operators or Buy It Local, LLC, may initiate mandatory binding arbitration for any past, present or future claim, dispute, or controversy between you and us (related to: (i) the card or card account; (ii) any service relating to the Card; (iii) this agreement, including the application, enforceability or interpretation of the agreement and these arbitration provisions; and (iv) any other agreement or instrument relating to the card or any service (“Claim”). A Claim is subject to arbitration, without regard to the legal theory on which it is based or the remedy (e.g., damages, injunctive or declaratory relief) sought. This includes: a Claim based on contract, tort, fraud, agency, negligence, statute, common law, equity, or regulation; a Claim made as a counterclaim, cross-claim, third-party claim or otherwise; and a Claim made separately or with other claims. A party who initiates a proceeding in court may elect arbitration with respect to any Claim advanced in that proceeding by any other party. Unless otherwise required by law: neither party may join or consolidate Claims by or against others in any arbitration; neither party may include a Claim in any arbitration as a representative or member of a class; neither party may act in any arbitration in the capacity of a private attorney general or otherwise for the benefit of the public; the arbitrator shall not have the authority to award relief for or against anyone on a class or representative basis; and neither you, licensed local buyit*® card operators nor Buy It Local, LLC may pursue a Claim in court as a class action, private attorney general action or other representative action. Claims, including assigned Claims, of two or more persons may not be joined or consolidated in the same arbitration. However, co-applicants, authorized users and registered users of a single card and/or related cards are considered as one person. For purposes of these arbitration provisions, limitation of liability provisions and limitation of damages provisions "Buy It Local, LLC" shall include any agent, employee, licensed local buyit*® card operators, successor, assignee, representative, or sponsor of Buy It Local, LLC, including, without limitation, the Bank, and all of them are considered as one person. In such cases, the arbitration shall be administered and conducted in Chattanooga, Tennessee pursuant to the Tennessee Arbitration Act or the Federal Arbitration Act if the arbitrator determines that federal law applies, and regardless of the applicable arbitration act all proceeding shall be conducted according to the applicable rules and procedures of the American Arbitration Association. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall not have any authority to award exemplary or punitive damages or damages in excess of damage limitations set forth in this Agreement. Should either party file an action challenge the above arbitration provisions or in contravention of this Agreement to arbitrate, the other party may recover its attorneys' fees and costs in such proceeding, provided that the party seeking the attorneys' fees and costs has notified the other party in writing that its Claim has been improperly filed in contravention of the arbitration agreement and the other party has not timely withdrawn the Claim.
Governing Law.This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Tennessee notwithstanding any of its conflict of law rules. You agree to submit to the personal jurisdiction of the state and federal courts having jurisdiction in Hamilton County, Tennessee.
Assignment.We may assign all or part of this agreement without such assignment being considered a change to the Agreement and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as we have and shall agree in writing to be bound by the terms and conditions of this Agreement. You may not assign or transfer the buyit*® card or any of your rights or obligations under this Agreement. Any attempt to the contrary shall be null and void. This Agreement shall be binding on your, your executors, heirs and personal administrators, and representatives, and on licensed local buyit*® card operators and Buy It Local, LLC and its successors and assigns.
SeverabilityIf any of the terms of this Agreement are invalid, changed by applicable law or declared invalid by order of court or regulatory authority, the remaining terms of this Agreement shall not be affected, and this Agreement shall be interpreted as if the invalid terms had not been included in this Agreement.
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