1. Gift Cards; 5Kevents.org; RaceEntry.com Balance; Redemption.
5Kevents.org Gift Card purchases are deducted from your RaceEntry.com Gift Card balance. Any unused RaceEntry.com balance will remain associated with your RaceEntry.com Gift Card account. If a purchase exceeds your RaceEntry.com Gift Card balance, the remaining amount must be paid with another payment method.
Gift Cards may only be redeemed toward the purchase of eligible goods and services provided by 5Kevents.org on www.raceentry.com. Redemption of Gift Cards on any affiliated website is subject to change in our sole discretion.
Neither your RaceEntry.com Balance nor your Gift Cards may be applied to the purchase of products, or race registrations that do not use our processor account. For a list of races that your Gift Cards will work on click here. This list of races may change at any time without notice. Your RaceEntry.com Gift Card balance cannot be used to purchase other Gift Cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. No portion of your RaceEntry.com Gift Card balance may be transferred to another RaceEntry.com Gift Card account. Gift Card balances will not be refunded.
3. Risk of Loss.
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your RaceEntry.com Gift Card is used without your permission.
4. Use of RaceEntry.com Gift Card in Violation of these Terms and Conditions.
We reserve the right to void Gift Cards, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to a RaceEntry.com purchase fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
5. Limitation of Liability.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR RACEENTRY.COM GIFT CARD BALANCE , INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES 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, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to Gift Cards or your RaceEntry.com Balance will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Race Registration Online DBA Race Entry, 2279 N University Pkwy #250, Provo, Utah 84604. The the arbitration entity will be selected by Race Registration Online. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at mutually agreed location.
We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
7. General Terms.
When you purchase, receive, or apply a Gift Card to your RaceEntry.com purchase, you agree that the laws of the State of Utah, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and Race Registration Online LLC. and its affiliates related to your use of a Gift Card. We reserve the right to change these terms and conditions from time to time in our discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
9. RaceEntry.com Balance Expiration.
The portion of your RaceEntry.com Gift Card balance does not expire. The races available for use may change without notice, but your balance will not expire. There are no dormancy fees.