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PHD Tackle Policies & Information

Gift Card Policy

Revised October 25, 2022

General Terms

This PHD Tackle Gift Card Policy (“Policy”) applies in addition to the Terms and Conditions and Privacy Policy set forth on the PHDTACKLE.COM website, which are expressly incorporated herein. For purposes of this Policy, including the arbitration provision set forth below, the term “PHD Tackle” shall be interpreted broadly to encompass PHD Tackle, and any of its predecessors, successors, assigns, parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents.


IMPORTANT: This Policy contains a mandatory arbitration provision that, as further set forth below, requires the use of arbitration on an individual basis to resolve disputes.  This means that you and PHD Tackle are each giving up the right to sue each other in court or in class actions of any kind.  In arbitration, there is no judge or jury and there is less discovery and appellate review than in court.


Non-Returnable; Not For Resale

Notwithstanding anything contained in this Policy, PHD Tackle plastic Gift Cards and eGift Cards (“PHD Tackle Gift Cards”) are not returnable or refundable for cash except in states where required by law. Resale of PHD Tackle Gift Cards is strictly prohibited.


Liability

The balance on any Gift Card is solely the liability of PHD Tackle.


Acceptance Locations

Unless other restrictions apply, PHD Tackle Gift Cards may be used at any PHD Tackle mobile store or in the U.S.; or on-line at PHDTackle.com.


Not for Promotional Use

PHD Tackle Gift 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 websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts). If you are ordering more than 5 cards, please email orders@phdtackle.com and an associate will contact you as soon as possible during normal business hours.


No Affiliation with PHD Tackle

Use of PHD Tackle’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 PHD Tackle Gift Cards is strictly prohibited. Furthermore, the use of PHD Tackle Gift 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 PHD Tackle or any of its parents, subsidiaries or affiliates is prohibited.


Compliance with Laws

By purchasing PHD Tackle Gift Cards, you are certifying and representing to PHD Tackle that the activities in connection with which the PHD Tackle Gift Cards will comply with this Policy and all applicable laws, rules and regulations, and that the PHD Tackle Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or PHD Tackle. In addition, you agree to defend and indemnify PHD Tackle and its parents, subsidiaries, and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the PHD Tackle Gift Cards or violation of any of this Policy.


Lost or Stolen Gift Card

Lost or stolen cards will not be replaced. Neither PHD Tackle nor its parents, subsidiaries, and affiliates shall have liability to you for (i) lost or stolen PHD Tackle Gift Cards or (ii) use of any PHD Tackle Gift Cards by third parties through your or anotherPHDTackle.com account. You are solely responsible for keeping the password for your PHDTackle.com account safe and for any activity conducted under your account.


No Consolidation for New PHD Tackle Gift Card

You may not consolidate or combine multiple PHD Tackle Gift Cards to purchase a new PHD Tackle Gift Card. PHDTackle.com does not consolidate or combine multiple gift cards into one gift card per customer requests.


Saving PHD Tackle Gift Card Information Does Not Redeem Card

Saving PHD Tackle Gift Card information to your account (if available) does not redeem the value of the PHD Tackle Gift Card. Saving the information makes the PHD Tackle Gift Card available for selection without entering the PHD Tackle Gift Card number at the time of a purchase. It also allows you to more quickly check the available balance on the PHD Tackle Gift Card.


PHD Tackle Gift Card Balance

PHD Tackle Gift Card balances you view online may not be accurate, the balance is adjusted immediately when you make purchase online or in person, but there may be occasions when the updated balance is delayed for a period of time. You can also view the PHD Tackle Gift Card’s transaction history to see if all the transactions for the PHD Tackle Gift Card are listed.


PHD Tackle Gift Cards Expiration, Service Fees, Card Balance

PHD Tackle gift cards do not expire.

No Service fees are charged in connection with these gift cards.

Balance inquiries can be made athttps://phdtackle.com/balance/


Disputes & Arbitration

PLEASE READ THIS SECTION CAREFULLY.  IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.  This arbitration provision provides that you and PHD Tackle waive any right to file a lawsuit in court or participate in a class action formatters within its terms.

Except for disputes that qualify for small claims court, all disputes arising out of or related to this policy or any aspect of the relationship between you and PHD Tackle (including any products or services offered or sold by PHD Tackle), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral, single arbitrator instead of in a court by a judge or jury, and you agree that PHD Tackle and you are each waiving the right to sue in court and to have a trial by a jury. Dispute shall be interpreted as broadly as permitted under the law and shall cover any claims that arose before these or any prior terms and conditions.  You agree that any arbitration will take place on an individual basis; as set forth below, class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in class action.  The arbitration will be administered by an arbitrator of PHD Tackle’s choosing in the State of Ohio.


The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate.  Any in-person appearances will be held at allocation in Ohio that is reasonably convenient to both parties.  The arbitrator will follow this Policy and his or her award will be final and binding.  Notwithstanding any of the foregoing, nothing in this Policy will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.


There shall be no right or authority for any dispute to be arbitrated or litigated on a class action, joint, or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (such as a private attorney general),other PHD Tackle customers, or other persons.  The arbitrator may award relief only on favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not apart.  The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  This waiver of class actions and collective relief paragraphs an essential part of this arbitration provision and cannot be severed format.  The remaining portions of this arbitration provision are not essential parts of this arbitration provision and can be severed from it by a court of competent jurisdiction.  Notwithstanding the foregoing, if a court determines that public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the parties agree that this arbitration provision shall survive and any claim for public injunctive relief shall be stayed pending arbitration of the remaining claims. 


This arbitration provision shall survive any termination of this Policy.  Any amendments to this arbitration provision shall not affect any pending asserted claim or arbitration proceeding.


Applicable Law

The law applicable to the interpretation and construction of this Policy in any arbitration shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Ohio without regard to principles of conflicts of laws.  If any dispute is found not to arbitrable, then ordinary choice of law rules will apply in any court proceeding in which the matter is adjudicated.


Updates to Terms and Conditions

This PHD Tackle Gift Card Policy was last updated on the date set forth above. PHD Tackle may update this Policy at any time. We recommend that you check this Policy periodically for changes. In the event of a conflict between this Policy and the PHDTackle.com Terms and Conditions, this Policy will govern.