Gift Card Terms & ConditionsLast Updated: 09.07.22
1. About The Charleston Place Gift Card. The Charleston Place Gift Cards are issued by Charleston Place Acquisition LLC. Charleston Place Acquisition LLC is the sole legal obligor to Cardholders who purchased Gift Cards. The Charleston Place Gift Cards can be purchased or reloaded at The Charleston Place and respective outlets. The Gift Card is not a debit or credit card.
2. Balance Inquiry. For balance inquiry, Cardholders can visit the front desk, dining outlets and the Spa at The Charleston Place.
3. No Expiration/Fees. The Charleston Place Gift Cards do not expire. Fees for inactivity will begin after 24 months of inactivity in the amount of $2 per month for each consecutive month of inactivity. Once Cardholder activity resumes, inactivity fees will cease until two additional years of inactivity.
4. Redemption. The Charleston Place Gift Card is redeemable only for purchases at The Charleston Place and Riviera Theatre as noted above. It has no cash value and may not be redeemed for cash (except as required by law) or used to purchase another Gift Card. The Gift Card is also not redeemable for a check or credit.
5. No Refunds. No refunds are permitted with respect to The Charleston Place Gift Cards (except as required by law).
6. Lost, Damaged, or Stolen Gift Cards. Gift Cards that are lost, stolen, damaged, or used without authorization will not be replaced.
7. No Resale. The Charleston Place Gift Cards may not be resold by any unauthorized vendor under penalty of law. Unlawful resale or attempted resale is grounds for seizure and cancellation without compensation. We will not honor The Charleston Place Gift Cards purchased through an unauthorized vendor, including any Internet auction sites.
8. MANDATORY BINDING INDIVIDUAL ARBITRATION.
U.S. Residents: EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE CHARLESTON PLACE GIFT CARDS WILL BE RESOLVED BY INDIVIDUAL (NOT CLASSWIDE, COLLECTIVE, OR REPRESENTATIVE) BINDING ARBITRATION OR IN SMALL CLAIMS COURT. This agreement to arbitrate extends to claims that you assert against other parties, including without limitation. JAMS will arbitrate all disputes according to its Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The JAMS Rules and instructions for how to initiate arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To begin an arbitration proceeding, you must serve Charleston Place Acquisition LLC’s agent for service of process. 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.” An arbitrator can award on an individual basis the same damages and relief as a court. This Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply. If you file an arbitration demand, you will pay half of the arbitration fees and costs up to $250. Charleston Place Acquisition LLC will pay the costs and fees of JAMS in excess of $250. Charleston Place Acquisition LLC agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS OR REPRESENTATIVE ACTION. This Agreement prohibits the arbitrator from consolidating the claims of others into one proceeding, to the maximum extent permitted by law. This means that the arbitrator shall hear only individual claims and is prohibited from fashioning a proceeding as a class, collective, representative, or group action or rewarding relief to a group of individuals in one proceeding. Any question or dispute concerning the interpretation, enforcement, or validity of this prohibition on class, collective, representative, and group actions shall be decided by a court and not the arbitrator. This agreement to arbitrate shall survive termination of this Agreement.
Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to this Agreement (a “Section 8(b) Dispute”), then you and we agree to send a written notice to the other party providing a reasonable description of the dispute, along with a proposed resolution of the dispute. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8(b). Your notice to us must be sent to:
Charleston Place Acquisition LLC
205 Meeting Street
Charleston, South Carolina 29401
By Email: firstname.lastname@example.org
For a period of sixty (60) days from the date of receipt of notice from the other party, Charleston Place Acquisition LLC and you will engage in a dialogue in order to attempt to resolve the Section 8(b) Dispute, though nothing will require either you or Charleston Place Acquisition LLC to resolve the Section 8(b) Dispute on terms either you or us, in each of our sole discretion, are uncomfortable with. Nothing in this Section 8(b) will prevent a party from pursuing their claims in Court or another complaint process.
9. Limitation of Liability. CHARLESTON PLACE ACQUISITION LLC AND AFFILIATES MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, OR COLLATERAL WITH RESPECT TO CHARLESTON PLACE HOTEL GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR OR GENERAL PURPOSE. IN THE EVENT THAT THE CHARLESTON PLACE GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE AND PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
10. Choice of Law. The laws of the State of South Carolina, without regard to principles of conflict of laws, apply to this Agreement and use The Charleston Place Gift Cards.
11. Changes to Agreement. Subject to applicable laws, Charleston Place Acquisition LLC reserves the right to change this Agreement from time to time in their discretion, which changes may be provided to you by any reasonable means, including, without limitation, by posting the revised version of this Agreement at https://charlestonplace.com/gift-card-terms.
12. Fraud. Charleston Place Acquisition LLC reserves the right to refuse to honor a Gift Card which, in their sole discretion, they believe to have been obtained fraudulently.