Terms & Conditions
This FunTagg App Agreement (“Agreement”) is between you and FunTagg Corporation (“we” or “us”) and describes the terms and conditions that apply to your FunTagg App. By buying, loading, or using your FunTagg App, you agree to these terms.
This Agreement includes an Arbitration provision that governs any disputes between you and us. Unless you opt out, as described below, this provision will:
- Eliminate your right to a trial by jury; and
- Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
You agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to your FunTagg App by electronic means, including posting such materials online at funtagg.com/terms
About Your Account
We issue the FunTagg App to you. It allows you to load a dollar value onto your FunTagg App for use at participating events. The dollar value that you load onto your FunTagg App is a prepayment for the goods and services of participating events. We offer the FunTagg App to make it easier for you to access events, rides, play games, and buy from concessions at events. Unless otherwise required by law or permitted by this Agreement, the dollar value on your FunTagg App is nonrefundable and may not be redeemed for cash. The value on your FunTagg App is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.
Certain FunTagg-branded locations may not permit you to use the FunTagg App for payment.
FunTagg Apps are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use FunTagg Apps under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
Loading Value on Your Card
You may not have more than $300 in value on any of your FunTagg Apps at any time, and no more than $500 may be associated with any one FunTagg App in a single day. This means that the activity on any one of your FunTagg Apps cannot exceed $500 over the course of a day. The total value you may load onto all of your FunTagg Apps, may not exceed $500 on any given day. There is a minimum amount that you may load on any FunTagg App at any given time, and that amount is typically $5. We may change any of these amounts at any time without notice to you.
If you use a credit or debit card to purchase or reload your FunTagg App, prior to charging your credit or debit card, an authorization process will occur for the amount of your purchase or reload transaction (“Transaction”). The authorization process will validate the credit or debit card number, status, available credit or funds and billing information to ensure that it matches what the bank or card company has on file. Your bank or FunTagg may attempt to contact you for additional information prior to authorizing the Transaction amount.
For credit cards, once an authorization is received, you may notice a decrease in your available credit line. Your bank may hold this dollar amount from your credit line or available balance for a short period of time determined by the policy of your bank before your Transaction is fulfilled. For debit cards, your bank may pre-authorize a charge to your deposit or checking account and place a temporary hold on the funds before your Transaction is fulfilled. Regardless of whether you use a credit or debit card, your card will be charged only upon fulfillment of your Transaction. If your Transaction is cancelled, FunTagg will request an authorization reversal on your behalf. Reversal times may vary. We recommend contacting your bank or credit card company to learn about their authorization and authorization reversal policies.
All amounts loaded onto your FunTagg App are denominated in the currency of the country in which it was sold (the “base currency”). FunTagg Apps purchased in the United States may also be used in Canada, England, Scotland, Wales, Republic of Ireland, Northern Ireland, Mexico and Australia. When you make a purchase in a different country, the Transaction total is converted from the currency of that country (the “local currency”) to the base currency and deducted from your FunTagg App balance. No fees or other charges are made to your FunTagg App for the currency conversion. However, note that your bank or card provider may charge you a separate fee if you are using a credit or debit card or other accepted payment method to load your FunTagg App outside of the U.S. FunTagg does not receive any portion of, and does not have any control over, any such fee. Although the actual balance of your FunTagg App is kept in the base currency, the balance shown on your receipt will be in the local currency of the event location. Transactions that occur on our website are denominated in U.S. dollars. Currency conversions are based on currency exchange rates applicable on the date of the Transaction.
You can reload your FunTagg App either manually online when you choose or set up auto-reload. With automatic reload, you simply set the reload date or the balance at which you want to reload your FunTagg App and provide us with payment information. We will send you an email confirming the automatic reload Transaction terms and bill your credit card or debit card according to the schedule and amount you have selected. We will also send you an email after each reload to let you know your FunTagg App has been reloaded. You can change your reload preferences at any time, but changes may take up to twenty-four (24) hours to go into effect.
To discontinue the automatic reload feature, you must log-in to your FunTagg App at least twenty-four (24) hours before the next scheduled reload. Once the dollar value is loaded, the Transaction cannot be reversed.
From time to time, we may in our sole discretion, run promotional programs associated with the FunTagg App program (“Promotions”). Such Promotions are subject to these terms, as well as additional terms as indicated in connection with the Promotions. We reserve the right to modify the terms and conditions of any Promotion at any time, including and up to terminating the Promotion.
Fees and Expiration of Card Balances
We do not charge any dormancy or inactivity fees in connection with your FunTagg App. Your FunTagg App has no expiration date nor does the value on your FunTagg App ever expire.
Receipts and Transaction History
When you make purchases with your FunTagg App, we will provide a receipt if you request one. The receipt will indicate that the purchase was made using a FunTagg App. Please check your Transaction history within the App regularly to ensure that your Transaction history and account balance are correct. We will not send you statements of activity on your FunTagg App.
Billing Errors, Corrections
We will correct the balance of your FunTagg App if we believe that a clerical, billing, or accounting error occurred. If you have questions regarding your Transaction history or any correction, or if you wish to dispute any Transaction or correction that has been applied to your FunTagg App, please call Customer Service at 1-833-386-8244. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the Transaction in question.
Fraud Associated with Your FunTagg App or Card Balance
We will not accept any FunTagg App, or will limit use of any FunTagg App or FunTagg App balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. FunTagg does not control who may sell preloaded FunTagg Apps, nor can we control the price or preloaded denominations offered by independent event operators. Consequently, FunTagg has no liability to you for any third-party fraud or unlawful activity associated with any FunTagg App balance. If FunTagg discovers any FunTagg App or FunTagg App balance was sourced or derived from fraud or other unlawful means, we may in our sole discretion, cancel all impacted FunTagg Apps and retain all related FunTagg App balances without notice to you. We may use retained FunTagg App balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load FunTagg Apps.
You should treat your FunTagg App like cash and not disclose your FunTagg App information to anyone. If your FunTagg App or FunTagg App information is lost or stolen, anyone who obtains possession of either may use your App. You are responsible for all transactions on your FunTagg App, including unauthorized transactions. However, if your FunTagg App is lost, stolen or destroyed, your FunTagg App can be replaced with the balance remaining on it at the time you contact us, but only if you have previously registered it with us.
Changes to This Agreement
We may amend this Agreement at any time. We will post the amended Agreement to our website at funtagg.com and for a period of thirty (30) days after we post the amended Agreement, we will also post a notice on our website stating that the terms of this Agreement have changed. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change, addition, or deletion will apply to your future and existing FunTagg Apps. You are deemed to accept the changes, additions or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use any of your FunTagg Apps after such notice period. If you notify us that you do not accept the changes, additions or deletions, we will cancel your FunTagg Apps and refund any remaining balance to you.
Cancellation of This Agreement
We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the FunTagg App including your failure to provide valid information. For example, transferring balances between different FunTagg Apps solely for the purpose of obtaining cash back is an unauthorized use of the FunTagg App and if we deem it appropriate to limit our losses we will cancel any such FunTagg App and retain any balances associated with those FunTagg Apps. If we terminate this Agreement without cause, we will refund or issue event credits equal to the balance on your cancelled FunTagg App(s), less any amounts that you may owe us.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this Agreement.
Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this FunTagg App Agreement, your FunTagg App and your relationship with us. Any dispute or claim arising out of or relating to this Agreement or use of the FunTagg App and your relationship with FunTagg or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
Opt-Out. Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision within 30 days from the earliest of the date you purchased, loaded, reloaded or used any of your FunTagg Apps (the “Opt Out Deadline”) after this Agreement has gone into effect. You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: FunTagg App Team, FunTagg Corporation, 2401 Utah Avenue S., MS: S-MK3, Seattle, WA 98134. Any opt-out received after the Opt Out Deadline (allowing three (3) additional days for mailing) will not be valid and you must pursue your claim in arbitration or small claims court.
Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department using the appropriate link at funtagg.com/contact-us to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.
The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree 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, and not governed by state law. Any arbitration will be held in Raleigh NC, or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor we 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.
Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, FunTagg will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
Governing Law – North Carolina
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina notwithstanding any conflict of law rules.
Disclaimers and Limits of Liability
FunTagg and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the FunTagg App, 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. FunTagg does not represent or warrant that your FunTagg Apps will always be accessible or accepted.
In the event that FunTagg or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your FunTagg App. FunTagg and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall FunTagg or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a FunTagg App through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.
The laws of certain states or other jurisdictions 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 you, and you may have rights in addition to those contained in this Agreement. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent and any attempted assignment will be void.
Entire Agreement, Construction