Terms and Conditions
Effective October 1, 2016
This Red Arrow Card Agreement ("Agreement") is between you and Ultcede, LLC dba Red Arrow Tap Room ("we" or "us") and describes the terms and conditions that apply to your Red Arrow Card. By buying, loading or using your Red Arrow Card also known as “Red Arrow Club” card and “Pour Pass,” you agree to these terms.
This Agreement includes an Arbitration provision that governs any disputes between you and us. Unless you opt out, as described below, this provision will:
· Eliminate your right to a trial by jury; and
· Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
You agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to your Red Arrow Card by electronic means, including posting such materials online at www.redarrowtaproom.com/terms
About Your Account
We issue the Red Arrow Card to you. It allows you to load a dollar value onto your Red Arrow Card for use at participating Red Arrow Tap Room locations. The dollar value that you load onto your Red Arrow Card is a prepayment for the goods and services of participating locations. We offer the Red Arrow Card to make it easier for you to shop with us and to make your relationship with us more rewarding. Unless otherwise required by law or permitted by this Agreement, the dollar value on your Red Arrow Card is nonrefundable and may not be redeemed for cash. The value on your Red Arrow Card is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.
Red Arrow Cards are not targeted towards, nor intended for use by, anyone under the age of 21.
Loading Value on Your Card
You can load value on your Red Arrow Card by visiting any participating location, our using your Red Arrow Tap App. There may be a delay from the time you pay the amount to be loaded onto your Red Arrow Card and those funds being available for use.
You may not have more than $500 in value on any of your Red Arrow Cards at any time, and no more than $2,000 may be associated with any one Red Arrow Card in a single day. This means that the activity on any one of your Red Arrow Cards cannot exceed $2,000 over the course of a day. The total value you may load onto all of your Red Arrow Cards, together with the value of any new Red Arrow Cards that you may purchase, may not exceed $10,000 on any given day. There is a minimum amount that you may load on any Red Arrow Card at any given time, and that amount is typically $5. We may change any of these amounts at any time without notice to you.
If you use a credit or debit card to purchase or reload your Red Arrow Card, prior to charging your credit or debit card, an authorization process will occur for the amount of your purchase or reload transaction ("Transaction"). The authorization process will validate the credit or debit card number, status, available credit or funds, and billing information to ensure that it matches what the bank or card issuer has on file. Your bank or Red Arrow may attempt to contact you for additional information prior to authorizing the Transaction amount.
For credit cards, once an authorization is received, you may notice a decrease in your available credit line. Your bank may hold this dollar amount from your credit line or available balance for a short period of time determined by the policy of your bank before your Transaction is fulfilled. For debit cards, your bank may preauthorize a charge to your deposit or checking account and place a temporary hold on the funds before your Transaction is fulfilled. Regardless of whether you use a credit or debit card, your card will be charged only upon fulfillment of your Transaction. If your Transaction is cancelled, Red Arrow will request an authorization reversal on your behalf. Reversal times may vary. We recommend contacting your bank or credit card company to learn about their authorization and authorization reversal policies.
To make reloading your Red Arrow Card easier, you can use our Red Arrow Tap App reload feature. The payment processor for reloading your Red Arrow Card on the Red Arrow Tap App is Stripe. Click this link https://stripe.com/us/privacy to view the privacy policies and data protection for your stored credit card information. Red Arrow does not store any credit card information.
From time to time, we may, in our sole discretion, run promotional programs associated with the Red Arrow Card program ("Promotions"). Such Promotions are subject to these terms, as well as additional terms as indicated in connection with the Promotions. We reserve the right to modify the terms and conditions of any Promotion at any time, including and up to terminating the Promotion.
Fees and Expiration of Card Balances
We do not charge any activation, service, dormancy or inactivity fees in connection with your Red Arrow Card. Your Red Arrow Card has no expiration date nor does the value on your Red Arrow Card ever expire.
Receipts and Transaction History
When you use your Red Arrow Card, we will provide a receipt if you request one. The receipt will indicate that the purchase was made using a Red Arrow Card and will provide the remaining balance of your Red Arrow Card. Please regularly check your Red Arrow Tap App transaction history, or inquire with an associate at a Red Arrow Tap Room store, to ensure that your transaction history and account balance are correct. We will not send you statements of activity on your Red Arrow Card.
Billing Errors, Corrections
We will correct the balance of your Red Arrow Card if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you wish to dispute any transaction or correction that has been applied to your Red Arrow Card, please call your local Red Arrow Tap Room store. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the transaction in question.
Fraud Associated with Your Red Arrow Card or Card Balance
We will not accept any Red Arrow Card, or will limit use of any Red Arrow Card or Red Arrow Card balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. Red Arrow does not control who may sell preloaded Red Arrow Cards, nor can we control the price or preloaded denominations offered by independent sellers. Consequently, Red Arrow has no liability to you for any third-party fraud or unlawful activity associated with any Red Arrow Card balance. If Red Arrow discovers any Red Arrow Card or Red Arrow Card balance was sourced or derived from fraud or other unlawful means, in our sole discretion, we may cancel all impacted Red Arrow Cards and retain all related Red Arrow Card balances without notice to you. We may use retained Red Arrow Card balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load Red Arrow Cards.
Registration, Liability for Unauthorized Transactions
To register your Red Arrow Card, download the Red Arrow Tap App. When registering for or purchasing a Red Arrow Card, you agree that you will: (i) provide complete and accurate information about yourself, and (ii) update such information if it changes. If you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your Red Arrow Card. You are responsible for: (a) the accuracy of all information that you provide to us, and (b) maintaining the confidentiality and security of your Red Arrow Card information.
You should treat your Red Arrow Card like cash and not disclose your Red Arrow Card information to anyone. If your Red Arrow Card or Red Arrow Card information is lost or stolen, anyone who obtains possession of either may use your Card. You are responsible for all transactions on your Red Arrow Card, including unauthorized transactions. However, if your Red Arrow Card is lost, stolen or destroyed, your Red Arrow Card can be replaced with the balance remaining on it at the time you contact us, but only if you have previously registered it with us
Changes to This Agreement
We may amend this Agreement at any time. We will post the amended Agreement to our website at www.redarrowtaproom.com/terms and for a period of thirty (30) days after we post the amended Agreement, we will also post a notice on our website stating that the terms of this Agreement have changed. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Red Arrow Cards. You are deemed to accept the changes, additions or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use any of your Red Arrow Cards after such notice period. If you notify us that you do not accept the changes, additions or deletions, we will cancel your Red Arrow Cards and refund any remaining balance to you.
Cancellation of This Agreement
We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Red Arrow Card, including your failure to provide valid information. If we terminate this Agreement without cause, we will refund or issue store credits equal to the balance on your cancelled Red Arrow Card(s), less any amounts that you may owe us.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this Agreement.
Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this Red Arrow Card Agreement, your Red Arrow Card and your relationship with us. Any dispute or claim arising out of or relating to this Agreement or use of the Red Arrow Card and your relationship with Red Arrow or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
Opt-Out. Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision within 30 days from the earliest of the date you purchased, loaded, reloaded or used any of your Red Arrow Cards (the "Opt Out Deadline") after this Agreement has gone into effect. You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: Red Arrow Card, Red Arrow Tap Room, LLC , 111 E First Street Elmhurst, IL 60126. Any opt-out received after the Opt Out Deadline (allowing three (3) additional days for mailing) will not be valid and you must pursue your claim in arbitration or small claims court.
Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.
The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Red Arrow will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
Governing Law – Illinois
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois notwithstanding any conflict of law rules.
Disclaimers and Limits of Liability
Red Arrow Tap Room and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Red Arrow 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. Red Arrow does not represent or warrant that your Red Arrow Cards will always be accessible or accepted.
In the event that Red Arrow 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 Red Arrow Card. Red Arrow and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connected with this Agreement, 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 Red Arrow or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Red Arrow 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 jurisdictions 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 jurisdictions, our liability is limited to the greatest extent permitted by law.
We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent and any attempted assignment will be void.
Entire Agreement, Construction
This Agreement is the complete and exclusive statement of agreement between you and Red Arrow Tap Room, LLC, and supersedes and merges all prior proposals and all other agreements governing your Red Arrow Card. If any provision of this Agreement, other than the Class Action Waiver in the Arbitration provision above, is determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
Inquiries or Questions
If you have any questions regarding this Agreement or your Red Arrow Card, please visit our website at www.redarrowtaproom.com
Last Revised: October 1, 2016
This Privacy Statement ("Statement") applies to the website located at www.redarrowtaproom.com.com, Red Arrow Tap App and any other websites owned and operated by Red Arrow that direct the viewer or user to this Statement. In this Statement, the terms "Red Arrow," "we," and "us" refers to Red Arrow Tap Room, LLC and its respective subsidiaries and affiliated companies. Websites that are owned and operated by Red Arrow may contain links to websites that are owned and operated by other companies. This Statement does not apply to websites and services that are owned and operated by third parties.
As you use our services, we collect certain information about you and the services you use. The information we collect falls into three different categories: (1) information you give us; (2) information we collect from you automatically when you use our services; and (3) information we collect from other sources.
Information You Give Us
We collect information you give us when you use our services. Some examples of using our "services" are when you visit one of our stores, visit one of our websites, create a Red Arrow account, buy a gift card online, or participate in a survey or promotion. The information you give us may include your first or last name, username, password, email address, postal address, phone number, financial account information such as a credit card number, birthday, city of birth, demographics information, and any other information you choose to give us.
When you use our services, we may collect information about the services you use and how you use them. This information includes:
Purchasing Information – We may collect information about the products you buy, including where you buy products, how frequently you buy products, and the rewards earned due to a purchase.
Location Information – When you use a smart phone or other mobile device to access our services, use a computer to access our website or use our mobile application, we may collect information about your physical location. We may combine this information with other location-based information, such as your IP address and billing or postal code, to give you information about stores near you and to provide you with other services on your mobile device. We share your location information only with companies that help us provide you with services and help us understand how the services are being used.
In-Store Camera Information – We use cameras in stores to keep employees and customers safe and to look for ways to improve our customers’ experiences. We do not use these cameras to identify people except when necessary for security reasons.
Information We Collect From Other Sources
We also collect information that is publicly available. For example, we may collect information you submit to a blog, a chat room, or a social network like Facebook, Twitter or Google+. We may also collect information about you from other companies and organizations. By gathering additional information about you, we can correct inaccurate information and give you product recommendations and special offers that are more likely to interest you.
How We Use the Information We Collect
We may use the information we collect about you in a variety of ways, including:
· to process your purchases of products and services;
· to communicate with you about orders, purchases, services, accounts, programs, contests, and sweepstakes;
· to respond to your customer service inquiries and requests for information;
· to post your comments or statements on our websites;
· to send you personalized promotions and special offers;
· to inform you about our brands, products, events, or other promotional purposes;
· to maintain and improve our sites and the products and services we offer;
· to detect, prevent, or investigate security breaches or fraud; and
· to maintain appropriate records for internal administrative purposes.
How We Share the Information We Collect
We may share your information in the following circumstances:
When We Work Together – We may share the collected information between Red Arrow Tap Room, LLC, its subsidiaries, and affiliated companies for proper management and analysis and decision making, including decisions regarding the expansion and promotion of our product and service offering, order or customer request fulfillment, and for use by those companies for the other purposes described in this Statement.
When We Work with Service Providers – We may share your information with service providers that provide us with support services, such as credit card processing, website hosting, email delivery, location mapping, postal mail processing and delivery, and analytics services. We require the companies to refrain from collecting, using and disclosing your information except when they are performing work for us or when the disclosure of your information is required by law.
When We Work on Business Transactions – If we become involved with a merger or another situation involving the transfer of some or all of our business assets, we may share your information with business entities or people involved in the negotiation or transfer.
When Sharing Helps Us Protect Lawful Interests – We may disclose your information if we believe that the disclosure is required by law, if we believe that the disclosure is necessary to enforce our agreements or policies, or if we believe that the disclosure will help us protect the rights, property, or safety of Red Arrow or our customers or partners.
When We Share with Other Companies for Marketing Purposes – We may share your information with service providers to use your information to provide you with promotions and special offers. We also may share anonymous, aggregated statistics about your use of our websites and services with other companies.
When You Give Consent – We may share information about you with other companies if you give us permission or direct us to share the information.
When the Information Does Not Identify You – We may share your information in a way that does not directly identify you. For example, we may combine information about you with information about other people and share the combined information in a way that does not link your information to you.
When You Post on Our Websites – If you post information on a blog or another part of our websites, the information that you post may be seen by other visitors to our websites, including your post information and your user name.
We May Allow Others to Collect Your Information
When you use our websites or other services, we may allow third parties to collect information about you by setting their own cookies, web beacons and other similar technologies on our websites. The information collected by third parties may include the type of device, your operating system, your browser, your internet service provider, your domain name, your internet protocol (IP) address, the date and time that you accessed our service, the website that referred you to our website, the web pages you requested, the date and time of those requests, and the subject of the ads you click or scroll over.
We allow third parties to collect this information on our websites for the following purposes:
To Display Ads for Products or Services – We allow some advertising companies to collect information in order to display ads on our websites that are most relevant to you. These third parties may also collect anonymous information about visitors to our websites to place them into market segments to display ads on other websites believed to be relevant to each market segment. This is known as "online behavioral advertising."
To Collect Information on How Our Websites and Services Are Used – We allow certain service providers to use the information collected on our websites and services to help us learn about our audience and how people use our websites. The companies that use this information for this purpose do not match the information to individual users. In other words, statistical information collected by third parties regarding website usage or performance is not matched or linked to you.
To Make the Services of Other Companies Work on Our Websites – We allow companies to use special technologies to make certain parts of our websites work. For example, we allow Adobe to set and enable special cookies that are necessary to deliver video content for Adobe Flash Player. These cookies are called Flash cookies.
Cookies, Web Beacons and Similar Technologies
We and others may use a variety of technologies to collect information about your device and use of our services. These technologies include cookies and web beacons:
Cookies – Cookies are small data files that are sent from a website’s server and are stored on your device’s hard drive either for only the duration of your visit ("session cookies") or for a fixed period of time ("persistent cookies"). Cookies contain information that can later be read by a web server. Most web browsers automatically accept cookies, but you can change your browser settings to give you the choice to accept a cookie or reject cookies altogether.
Website Functionality – Some cookies (considered "strictly necessary") are required to allow you to access and use our websites. Without these cookies, our websites do not work properly.
Performance Monitoring – Some cookies (considered "performance" cookies) help us analyze and estimate traffic on our website. They show us how visitors interact with our website, whether there are any errors, which pages are not used often, which pages take a long time to load, which pages users tend to visit and in what order. These cookies do not collect any information that could identify you and are only used to help us improve how our website works and understand user interests.
User Convenience – Some cookies (considered "functionality" cookies) remember information to save you the trouble of entering information every time you visit or use a particular website. For example, a cookie may remember your username to save you time when you log in to your account.
Marketing – Some cookies (considered "targeting or advertising" cookies) are used to tailor your experience on our website by controlling the promotions, advertisements and other marketing messages that may appear when you visit or use our website and help us learn which services you are using and how you are accessing information about us. We may use this information to personalize your visit to a website or to send you relevant promotions.
Web Beacons – Web beacons are small, transparent images that are embedded in web pages, applications, and emails that are sometimes called "clear gifs," "single pixel gifs", "page tags" or "web bugs." We use web beacons to track the web pages you visit, to test the effectiveness of our marketing, and to find out if an email has been opened and acted on.
Promotional Communication Choices
You can opt out of receiving promotional emails, text messages, telephone calls, and mailings by informing us of your preference at the time you sign up for a Red Arrow account, modifying your promotional preferences online in your account’s profile management section, or adjusting your text and notification preferences in your mobile device's settings or by following the opt-out instructions in the promotional emails we send you.
Alternatively, you may let us know that you do not wish to receive some or all of these promotional communications by emailing us at email@example.com or by writing to us at Red Arrow Customer Service, 111 E. First Street, Elmhurst, IL 60126
Please note that if you opt out of receiving promotional communications from us, we may still send you non-promotional communications, including emails about your accounts or purchases.
Information Collection Choices
You can also make choices about the information we collect about you:
Location Information – When you use a smart phone or other mobile device to access our websites, we may collect information about your physical location only if (a) "location services" for the mobile application is enabled; or (b) the permissions in the mobile device allow communication of this information. If you do not want us to collect your location information, you can opt out of sharing this information by changing the relevant preferences and permissions in your mobile device.
In addition to adjusting the appropriate settings in your browser, many advertising companies that may collect anonymous information for advertising targeting purposes are also members of the Digital Advertising Alliance or the Network Advertising Initiative, both of which provide an opt-out of advertisement targeting from their members located at their respective websites at www.AboutAds.info and www.networkadvertising.org .
Flash Cookies – We allow Adobe to set and enable special cookies that are necessary to deliver video content for Adobe Flash Player. You cannot remove Flash cookies simply by changing your browser settings. If you would like to limit the websites that can store information in Flash cookies on your device, you must visit the Adobe website: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html .
"Do Not Track" Technology – Some newer web browsers have a "Do Not Track" preference that transmits a "Do Not Track" header to the websites you visit with information indicating that you do not want your activity to be tracked. We currently do not respond to browser "Do Not Track" signals.
If you want to change your information, cancel your account, or stop us from using your information, please contact us as described in the "Contact Us" section, below. We will make every effort to promptly respond to your request. We will retain your information for as long as your account is active or as needed to provide you services. If you ask us to delete your account, we generally retain and use your account information only as long as necessary to fulfill a business or law enforcement need.
How We Protect Your Information
Red Arrow protects your information using technical, physical, and administrative security measures to reduce the risk of loss, misuse, unauthorized access, disclosure or modification of your information. Some of our safeguards include firewalls, data encryption, physical access controls, and administrative informational controls. When you transmit highly sensitive information (such as a credit card number) through our website or in one of our mobile applications, we encrypt the transmission of that information using the Secure Sockets Layer (SSL) protocol. While we have employed security technologies and procedures to assist safeguarding your personal information, no system or network can be guaranteed to be 100% secure.
We do not intend for our websites or online services to be used by anyone under the age of 21.
This Statement went into effect on the date noted at the top of this webpage. We may update this Statement from time to time. If we make material changes, we will post the updated Statement on this page and change the date at the top of this webpage. We encourage you to look for updates and changes to this Statement by checking this date at the top of this webpage. We will notify you of any modifications to this Statement that might materially affect the way we use or disclose your personal information prior to the change becoming effective by means of a message on this website.