New York 23

General Terms

Cards are issued by SPIN Global Holdings LLC, a Delaware limited liability company (the “Issuer”), who is the sole obligor to Card owner. When you purchase, receive or redeem a Card, you agree that the laws of the State of Virginia, without regard to principles of conflict of laws, will govern these Card terms and conditions. SPIN reserves the right to change these terms and conditions from time to time in its discretion. All terms and conditions are applicable to the extent permitted by law.

Redemption

This gift card (“Card”) is usable up to balance only redeemable at our locations in New York, Chicago, San Francisco, Philadelphia, Seattle, Washington D.C., and Boston locations. Card is not redeemable online or for other gift cards and is not redeemable for cash except as required by law.

Balance Inquiry

To check your balance, go to https://members.custcon.com/myquery/vowinit?mauid=BAF78F0A-D8DE-4048-AACF-503093F858F0. The balance you see when viewing Card balances online is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the updated balance is delayed.

Risk of Loss

This Card will not be replaced or refunded if lost or stolen. The risk of loss and title for Cards pass to the purchaser upon sale. We are not responsible if a Card is lost, stolen, destroyed or used without your permission.

Returns

All returns for purchases made using a Card will result in credit to a Card or issuance of a new Card in the amount of the return.

Resale

Issuer does not permit the resale of its Cards without our prior written consent. If you’d like to become a reseller of our Cards, please contact us at giftcards@wearespin.net.

Compliance with Laws

By purchasing a Card , you are certifying and representing to the Issuer and its affiliates, subsidiaries, sister and parent companies, including, without limitation SPIN Global Holdings LLC (the “Issuer and Affiliates”), that the activities in connection with which the Cards will be used will comply with these terms and conditions and all applicable laws, rules and regulations, and that the Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers. In addition, you agree to defend and indemnify Issuer and Affiliates and their respective directors, managers and officers, from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Cards or violation of any of these terms and conditions. You agree to release Issuer and Affiliates and their respective directors, managers and officers from and against all claims, expenses or liabilities you have or may have against or incurred in connection with your use of the Cards or violation of any of these terms and conditions.

Our Policies

Issuer and Affiliates may provide Card purchasers with information about the redemption status of Cards. Cards cannot be returned, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law.

Fraud

Issuer has the right to close Card accounts and may request alternative forms of payment if Issuer believes such Cards have been fraudulently obtained. In general, and in the interest of protecting you from fraud, we recommend that you do not purchase discounted Cards from third party resellers, including those on Craigslist, eBay, or Raise.com. They are NOT authorized resellers. Often these Cards are purchased with stolen credit cards and may be closed at any time.

Not for Promotional use

Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Web sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Issuer’s prior written approval. Such approval shall be conditioned on, among other things, execution of and compliance with Issuer’s gift card license agreement. If you are ordering more than 1,000 Cards or are interested in using the Cards for any promotional purpose, please email giftcards@wearespin.net and an associate will contact you by the next business day. From time to time, Issuer may issue or award “rewards”, “promotional gift cards”, “credits”, “vouchers”, or similar physical or electronic gift cards (collectively, “Promotional Cards”). Generally, these Promotional Cards have the same terms and conditions as the Cards described here, however, they may have expiration dates, delayed activation dates or may be subject to additional restrictions or exemptions as provided on the Promotional Cards themselves or any packaging or other written materials that accompany such Promotional Cards or any applicable law.

No affiliation with SPIN

Use of SPIN’s name, logo, trade dress (including any image/likeness of the Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Cards is strictly prohibited. Furthermore, the use of Cards in any manner that states or implies that any person, Website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, SPIN, Issuer or Affiliates is prohibited.

Limitation of Liability

Issuer and its Affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Card, 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. Issuer does not represent or warrant that your Cards will always be accessible or accepted. In the event that Issuer 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 Card. Issuer and its Affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with these terms and conditions, 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 Issuer or its Affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Card 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 jurisdiction 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 jurisdiction, our liability is limited to the greatest extent permitted by law.

Disputes

Any dispute relating in any way Cards in which the aggregate total claim for relief sought on behalf of one or more parties shall be adjudicated in any state or federal court in New York and you consent to exclusive jurisdiction and venue in such courts.