Reynolds Lake Oconee Gift Card Terms & Conditions

Date of last update: February 1, 2019

The following Reynolds Lake Oconee Gift Card Terms and Conditions (referred to as the “Agreement”) describe the terms and conditions that apply to use of the Reynolds Lake Oconee Gift Cards and Golf Merchandise Gift Cards (collectively, the “Card(s)”). This Agreement is between you, the Cardholder, and Oconee Golf Company LLC (“Oconee Golf”) and its affiliates/subsidiaries (collectively, “Reynolds”). By purchasing, accepting, or using a Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use, or accept the Card. IMPORTANT: This Agreement includes in Paragraph 10 a class action waiver and provides for the resolution of disputes by arbitration instead of in court.

1. About Your Card. The Cards are closed-loop gift cards; the Cards are not debit or credit cards. The Cards are issued by Oconee Golf, and Oconee Golf is the sole legal obligor to the cardholder with respect to the Cards. Reynolds and its affiliates/subsidiaries (other than Oconee Golf) bear no responsibility or liability for any of the Cards, and you hereby knowingly release Reynolds and its affiliates/subsidiaries (other than Oconee Golf) from any and all liability or claims of any nature whatsoever arising in connection with the Card.
2. Redemption. Your Gift Card is redeemable only for purchases of food, beverages, merchandise or services at any Reynolds Lake Oconee retail outlet or restaurant. Your Golf Merchandise Gift Card is redeemable only for purchases of merchandise at any Reynolds Lake Oconee Golf Shop; it cannot be used for the payment of Green Fees, Cart Fees or other services. Cards have no cash value and may not be redeemed for cash (except as required by law). Cards have no value until activated. Cards are not redeemable to purchase another Card or toward a previous purchase. Oconee Golf and Reynolds reserve the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check or other failure of consideration, or Oconee Golf’s or Reynolds’ reasonable belief or suspicion that the attempted use of the Card is fraudulent, unlawful or in violation of this Agreement.
3. Balance Inquiry. For Card balance inquiry visit any Reynolds Lake Oconee Retail outlet or restaurant. The balance you receive when inquiring is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
4. No Expiration; No Fees. The Cards do not expire. No fees for inactivity or service fees apply to any Cards.
5. Not Reloadable. Cards may not be reloaded with additional value.
6. No Refunds. No refunds are permitted with respect to the Cards. All sales of Cards are final.
7. Lost, Damaged, or Stolen Cards; Unauthorized Use. Lost, damaged or stolen Cards will not be replaced or replenished. Oconee Golf and Reynolds are not responsible for unauthorized Card use.
8. Resale Prohibited. You may not sell a Card or otherwise barter for its exchange. However, you may transfer a Card to another person for no monetary consideration (e.g., as a gift).
9. Maximum Value. The maximum value that can be purchased is $2,000 per Card. In addition, you may not purchase or obtain multiple Cards with a value of more than $10,000 in any one day.
10. MANDATORY BINDING INDIVIDUAL ARBITRATION. Please read this section carefully. It affects legal rights that you may otherwise have and requires individual, final and binding arbitration of most disputes instead of resolution in court.
    
    Arbitration is the submission of a dispute to a neutral arbitrator, NOT a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator generally can award the same damages and relief to you that a court can award under the law and must honor the terms and conditions in this Agreement.
    1. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
       
       You, Oconee Golf and Reynolds agree that any dispute, controversy or claim arising out of or relating to this Agreement or your use of the Card, including the determination of the scope or applicability of this agreement to arbitrate, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (NOT CLASSWIDE OR COLLECTIVE) binding arbitration, except that you, Oconee Golf or Reynolds may take claims to small claims court if they qualify for hearing by such a court. You also agree that this arbitration agreement, Paragraph 10, shall apply to any dispute with other parties arising out of or relating to this Agreement or use of the Card, including the determination of the scope or applicability of this agreement to arbitrate, regardless of the date of accrual of such dispute, except that you or any such third parties may take claims to small claims court if they qualify for hearing by such a court.
       
       YOU, OCONEE GOLF and REYNOLDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AND THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND THAT CLASS, MASS, CONSOLIDATED OR COMBINED ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED.
       
       You, Oconee Golf and Reynolds agree to waive the right to trial by jury.
       
       This agreement to arbitrate extends to claims that you assert against other parties arising out of or relating to this Agreement or use of the Card.
       
       This Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
       
       This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you, Oconee Golf and Reynolds 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, mass, consolidated, or combined basis.
       
    2. ARBITRATION PROCEDURES
       Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures, including the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, (the “JAMS Rules”). The JAMS Rules and instructions
       for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To begin an arbitration proceeding against Oconee Golf or Reynolds, you must serve Oconee Golf’s and Reynolds’ registered agent for service of process at C T Corporation System, 289 S Culver St., Lawrenceville, GA 30046-4805.
       
       Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules except that for claims of less than $1,000, you will be obligated to pay $25 and Oconee Golf or Reynolds will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Oconee Golf or Reynolds will reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.
       
       Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned, written decision sufficient to explain the essential findings and conclusions on which the award is based.
       
       The arbitrator shall not award relief in excess of what is allowed by applicable law and the Agreement. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any declaratory or injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any sucherror. Each party will bear its own costs and fees on any such appeal. Judgment on the award may be entered in any court of competent jurisdiction.
11. Limitation of Liability. OCONEE GOLF AND REYNOLDS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OCONEE GOLF’S OR REYNOLDS’ SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH 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.
12. Unclaimed Property. In the event you do not use your Card for a certain period of time, Oconee Golf may be required to turn over the remaining Card balance to a state under such state’s unclaimed or abandoned property law. Although your Card does not expire, if Oconee Golf is obligated to turn over the remaining balance of your Card under a state’s unclaimed property law, by operation of law Oconee Golf will be released from any further liability or obligation with respect to your Card and you may be required to contact the state’s unclaimed property administrator to attempt to recover your unused Card balance.
13. Governing Law. The laws of the state of Georgia, without regard to principles of conflict of laws, apply to this Agreement and use of your Card. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
14. Changes to Agreement. Oconee Golf and Reynolds reserve the right to change this Agreement from time to time in their discretion without special notice to you. Notice of changes will be by reasonable means, which may be by the posting of the revised version of this Agreement on this website (“Updated Terms”). Your use of a Card after Oconee Golf or Reynolds has posted the Updated Terms constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of a Card from that point forward. The date of the last update to this Agreement is always indicated near the top of the page and any change in the date of this Agreement shall constitute notice to you that the Agreement has changed.
15. Fraud/Violation of Terms. Oconee Golf and Reynolds reserve the right to refuse to honor, or to suspend or deactivate a Card where Oconee Golf or Reynolds suspects that the Card was obtained fraudulently, in violation of this Agreement, or in violation of applicable laws or other applicable Oconee Golf or Reynolds terms and conditions.