FL Gift Card
FABLETICS GC, LLC TERMS OF SERVICE

This website located at www.flgiftcard.com (this "Site") is owned and operated by Fabletics GC, LLC ("FLGC" or "Company"). FLGC provides website features, gift cards and services to you when you visit this Site, or access this Site from your mobile devices or use software provided by FLGC in connection with any of the foregoing (collectively, "FLGC Services"). FLGC provides access to this Site and the FLGC Services subject to these Terms of Service.

By using FLGC Services, you agree to these conditions. Please read them carefully.

By accessing or using this Site, or any FLGC service on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law. FLGC may change these Terms of Service at any time without notice. When we make changes, we will post them here.

Your continued use of this Site or any FLGC Services shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site.

ELECTRONIC COMMUNICATIONS

When you use any FLGC Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

GIFT CARDS

As of November 1, 2020, FLGC is the sole issuer and legal obligor with respect to all gift cards ("FL Gift Cards"). FLGC is responsible for the management and operation of the Fabletics gift card program. A gift card constitutes a contract between you and FLGC. By agreeing to be bound by these Terms of Service, you expressly release Fabletics, LLC and its parent or affiliated entities from any liability with respect to your purchased gift cards. You acknowledge that any such liability is the sole responsibility of FLGC.

FL Gift Cards constitute prepaid promotional certificates that can be used by VIP Members or non-VIP Members. FL Gift Cards can be used by you to purchase identified merchandise at a price below the regular retail price if you are a VIP Member at the time of redemption. Non VIP Members can also use FL Gift Cards to purchase Fabletics merchandise at the regular retail price. Additionally, FL Gift Cards are freely transferrable and can be broken and applied across multiple purchases on www.fabletics.com or the Fabletics Services.

Gift cards are not refundable or redeemable for cash, except in states where required by law. Gift cards can only be used toward purchasing Fabletics items on www.fabletics.com or through the Fabletics Services.

Fabletics gift cards may be redeemed in multiple transactions and are transferrable. Once you use the Fabletics gift card any remaining value from the gift card will be automatically credited back to your Fabletics Account under the "store credit" section. You may transfer Fabletics gift cards prior to redemption to family members or friends who may want to try Fabletics. Fabletics complies with California Civil Code section 1749.5 in all of its California locations. If you redeem a gift card at one of Fabletics’ California locations, upon your request your gift card will be redeemed for cash when the gift card balance falls below $10.00.

Gift cards do not expire. However, FLGC expressly reserves the right to impose inactivity or dormancy fees on gift cards in some or all states, and may begin imposing such fees at any time by providing at least thirty (30) days' advance notice, which notice shall be given by posting revised Terms of Service on this Site.

The risk of loss and title to such gift cards passes to the purchaser upon electronic transmission to the recipient. Physical gift cards are not available for online purchase at this time but may be purchased in any Fabletics retail store.

Please see the Fabletics website at www.fabletics.com for more details regarding the Fabletics VIP Membership.

REDEMPTION

If you received a Fabletics gift card you can redeem the gift card two ways: (1) enter the 16 digit gift card code in the "Enter Coupon Code" section during the checkout process when making a purchase; or (2) visit https://www.fabletics.com/giftcard/redeem/public#accountinfo.gift_card_redeem.

To view the amount of your FL Gift Card, enter your email address or the gift card code on the homepage of this Site. If you have already used the Gift Card code to make a purchase, any remaining value from the gift card will be automatically credited back to your Fabletics Account under the "store credit" section.

If you cannot locate the email with the gift card code, you may enter your email address at http://www.flgiftcard.com and use the "resend email" feature. You can also contact us Monday through Friday from 10am-7pm EST at the following number: 855-266-9953, or send us an email at [email protected].

Purchase amounts that exceed the value of any FL Gift Card will require additional payment for the balance due.

We reserve the right to restrict the redemption of more than $500 in gift card balances by one person in a 30 day period.

If you have any questions regarding our FL Gift Card policies please send all inquiries to Fabletics GC, LLC, 1590 Rosecrans Avenue, Suite D-623, Manhattan Beach, CA 90266, Attention: Customer Service, or contact our representatives at 1-855-266-9953 or email us at [email protected].

FLGC LIMITATTION OF LIABILITY

YOUR USE OF THIS SITE AND ANY FLGC SERVICES ARE AT YOUR SOLE RISK. THIS SITE AND THE FLGC SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLGC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

FLGC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH 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 DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

FLGC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE FLGC SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE FLGC SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.

FLGC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE FLGC SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH FLGC, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF FLGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FLGC makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and FLGC makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. FLGC does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through this Site or the FLGC Services.

PROHIBITED USES

Any and all FLGC Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing and using this Site. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications. FLGC specifically prohibits any use of the FLGC Services, and requires all users to agree not to use the FLGC Services, for any of the following:

INTELLECTUAL PROPERTY RIGHTS

All content, graphics, text, code and software used on or incorporated into this Site and/or any FLGC Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to FLGC and all rights thereto are specifically reserved. As between you and FLGC, (or any other company whose marks appear on any of the FLGC Services), FLGC (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the FLGC Services, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The FLGC logos, designs, titles, phrases and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "FLGC Intellectual Property") are owned by FLGC and may be registered in the United States and internationally. You agree not to display or use the FLGC Intellectual Property in any manner without FLGC’s prior written permission. Nothing contained on this Site or in any of the FLGC Services should be construed to grant any license or right to use any FLGC Intellectual Property without the prior written consent of FLGC.

Except as otherwise provided herein, use of the FLGC Services does not grant you a license to any materials, content or features you may access on this Site or via the FLGC Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the FLGC Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by FLGC. If you make use of the FLGC Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the FLGC Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.

DISPUTE RESOLUTIONS

Governing Law

Use of this Site or the FLGC Services, and any controversy, claim or dispute arising out of or relating in any way to your use of this Site and the FLGC Services, shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.

Any claim or cause of action you may have with respect to FLGC must be commenced within one (1) year after the claim or cause of action arose.

Class Action Waiver

Both you and the FLGC waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of this Site and the FLGC Services, as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the class action waiver").

Agreement to Pre-Arbitration Notification

These Terms of Service provide for final, binding arbitration of all disputed claims (discussed immediately below). FLGC and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant whether you or FLGC shall send a letter to the other side briefly summarizing the claim and the request for relief. If FLGC is the claimant, the letter shall be sent, via email. If you are the claimant, the letter shall be sent to Fabletics GC, LLC, 1590 Rosecrans Avenue, Suite D-623, Manhattan Beach, CA 90266, Attention: General Counsel. If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.

Agreement to Arbitrate Claims

Except to the limited extent noted below, use of this Site or the FLGC Services, and any controversy, claim or dispute arising out of or relating in any way to your use of this Site or the FLGC Services, shall be resolved by final and binding arbitration between you and FLGC.

The arbitration shall take place in Los Angeles County, California in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in telephone hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration.

If you decide to commence arbitration, the provider will require to you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, FLGC will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, FLGC will also reimburse you for the $125 base filing fee.

If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of FLGC's last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then FLGC will pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base filing fee).

This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.

The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.

Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.

Both you and FLGC waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.

Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.

Agreement to Arbitrate Claims

Except to the limited extent noted below, use of this Site or the FLGC Services, and any controversy, claim or dispute arising out of or relating in any way to your use of this Site or the FLGC Services, shall be resolved by final and binding arbitration between you and FLGC.

The arbitration shall take place in Los Angeles County, California in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in telephone hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration.

If you decide to commence arbitration, the provider will require to you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, FLGC will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, FLGC will also reimburse you for the $125 base filing fee.

If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of FLGC's last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then FLGC will pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base filing fee).

This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.

The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.

Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.

Both you and FLGC waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.

Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.

Appeal Rights

The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.

Opting out of Dispute Resolution and Class Action Waiver

You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms of Service by doing the following. Within 15 days of receiving a FL Gift Card, you must send a letter to Fabletics GC, LLC, 1590 Rosecrans Avenue, Suite D-623, Manhattan Beach, CA 90266, Attention: General Counsel, that specifies: (1) your name, (2) your FL Gift Card Code, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms of Service. All other Terms shall continue to apply, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms of Service to the contrary, we agree that, if FLGC makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to FLGC's address), you may reject any such change by sending a letter to FLGC within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.

GENERAL INFORMATION

These Terms of Service constitute the entire agreement between you and FLGC and govern your use of this Site and the FLGC Services. FLGC may terminate this Agreement and deny you access to this Site and the FLGC Services at any time, immediately and without notice, if in FLGC's sole discretion you fail to comply with any provision of these Terms of Service.

You agree that no joint venture, partnership, employment, or agency relationship exists between FLGC and you as a result of this Agreement or your use of this Site or the FLGC Services.

The failure of FLGC to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Service shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

You may not assign the terms or any of your rights or obligations under the Terms without FLGC’s express written consent. The Terms inure to the benefit of FLGC’s successors, assigns and licensees. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

Updated: November 1, 2020

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