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![]() Enrollment | Session Terms & Conditions | Privacy Policy | Dinners for Life Website Guest Enrollment Agreement
When placing an order with Dinners for Life you will need to enroll in our program which will allow you access to our menu and other resources that may come available. Of course if after your first session you are dissatisfied with our program, a full refund of your enrollment fee will be given upon cancellation of your account within 15 days of your first session. (Please review the Enrollment Agreement and our money back guarantee below for details). We're pretty confident you'll love the food!
Dinners for Life Guest Enrollment Fee Enrollment Agreement
Money Back Guarantee Order/Scheduling
1. I will follow all rules of conduct related to the use of the Dream Dinners facilities during my assembling session. 2. I will not attend my Dream Dinners/Dinners for Life session if I have, or have been exposed to any communicable diseases including cold, flu, etc. 3. I will promptly freeze my Dream Dinners/Dinners for Life meals following the conclusion of my assembling session. 4. I will follow the baking instructions specified on all meals. 5. I will keep all dinners below 40ºF while in storage and I will heat all dinners to an internal temperature above 145ºF for Steak, 155ºF for fish or ground beef and 165ºF for poultry when ready to eat. 6. I assume full responsibility for the transportation and proper storage of all of my Dream Dinners meals. 7. I agree to release Dream Dinners from all claims, damages and causes of action or liabilities which may arise as a result of my preparation, storage and consumption of Dream Dinners meals, except if solely due to the gross negligence of Dream Dinners. 8. I will not resell my Dream Dinners/Dinners for Life dinners or use them for commercial service. 9. I will have FUN! Terms/Notes
Volume Reward
Volume reward is available at participating store locations only. The amount of a volume reward is determined by an individual store, and is only applicable when the total number of servings purchased for an individual order is 72 servings or more.
Volume reward benefits may not be combined with corporate private party sessions, web-based regional fund raising campaigns, preferred or employee discounts. Allergen Alert
In compliance with the “Food Allergen Labeling and Consumer Protection Act of 2004” please note that Dream Dinners’ facilities may contain Dairy, Eggs, Crustacean Shellfish, Tree Nuts, Peanuts, Wheat, and Soybeans which account for most known allergens. Be aware that cross contamination may occur among food products and take appropriate safety measures. As our monthly menu changes please contact your local Dream Dinners store for more information.
Rescheduling/Cancellations
Cancellations made more than 5 days in advance are subject to a full refund. Cancellations less than 5 days in advance or your session will be subject to a 25% re-stocking fee. (Upon owner's discretion).
We understand that life is unpredictable; if possible, the store will work with you to reschedule your session within two weeks of your original session date without penalty. Inclement Weather - please contact your local store during inclement weather situations to see if your session has been cancelled. In the event the store must close, information will be provided on the store’s voicemail and every effort will be made to reschedule your session. Information we Gather and Track
The Dinners for Life site is owned and operated by Dream Dinners. Your privacy on the Internet is of the utmost importance to us. At Dream Dinners, we want to make your experience online satisfying and safe. Because we gather certain types of information about our users, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it.
Dream Dinners gathers two types of information about users: Dream Dinners Gathers User Information In The Following Processes: 1. Electronic newsletters policy and email promotions Children
Consistent with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent.
Usage Tracking
Dream Dinners tracks user traffic patterns throughout all of our sites, including Dinners for Life. However, we do not correlate this information with data about individual users. Dream Dinners does break down overall usage statistics according to a user's domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user's browser).
Dream Dinners uses tracking information to determine which areas of our sites users like and don't like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you.
Cookies
We may place a text file called a "cookie" in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable us to relate your use of this site to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. Dream Dinners uses cookies to track user traffic patterns throughout all of our sites, including Dinners for Life (as described above). Our advertising system delivers a one-time cookie to better track ad impressions and click rates.
You can refuse cookies by turning them off in your browser. If you've set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use this site. However, you do need cookies to participate actively in message boards, forums, polling and surveys.
Use of Information
Dream Dinners uses any information voluntarily given by our users to enhance their experience in our network of sites, including Dinners for Life, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users.
As stated above, we use information that users voluntarily provide in order to send out electronic newsletters and to enable users to participate in polls, surveys, promotions, and sweepstakes or contests. We reserve the right to share this personally identifiable information with third party sponsors of such sweepstakes, contests, and promotions (irrespective of whether it is hosted by us), or otherwise in accordance with the rules applicable to such sweepstakes, contest or promotion. You should carefully review the rules of each sweepstakes, contest, and promotion in which you participate through the Site, as they may contain additional important information about Dream Dinners' or a sponsor's use of your Personal Information.
To the extent that the terms and conditions of such rules concerning the treatment of your Personal Information conflict with this Policy, the terms and conditions of such rules shall control. We send out newsletters to subscribers on a regular schedule (depending on the newsletter), and occasionally send out special editions or email promotions when we think subscribers might be particularly interested in something we are doing. When we use tracking information to determine which areas of our sites users like and don't like based on traffic to those areas, we do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you. We track search terms entered in Search function as one of many measures of what interests our users. But we don't track which terms a particular user enters. Sharing Information
Dream Dinners uses the above-described information to tailor our content on all of our sites, including Dinners for Life, to suit your needs and help better understand our customer's demographics. We will not share information about individual users with any third party, except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public, unless a user has opted in to allow sharing of information.
SECURITY OPT-OUT POLICY Consent
By using the Dinners for Life site, you consent to the collection and use of this information by Dream Dinners. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.
Agreement of Service
This Policy and Terms Services Agreement ("Agreement") governs the use of the Dream Dinners, Inc.'s and Dinners for Life, Service ("Service") at Dream Dinners Inc.'s or Dinners for Life ("Service Provider") websites and facilities. You can access this Agreement at any time from the bottom of any page of the Service.
Please read this Agreement carefully. Since the Service is designed to provide our customers the primary means of communication with Dream Dinners, Inc., of information, opinions and comments, and an enjoyable and informative experience for all, it's users must abide by certain rules. Your use of the Service will constitute your agreement to comply with these rules. If you do not agree with the rules contained in this Agreement, please do not use our Service. The following rules may be modified by Service Provider from time to time. Notice of revisions to this Agreement will be announced on this page. Continued use of the Service by you will constitute your acceptance of any changes or revisions to the Agreement, so it's wise to check this page regularly. Your failure to follow the Service's rules, whether listed below or in supplemental notices posted at various points in the Service, may result in termination of your access to the Service, without notice, in addition to Service Provider's other remedies.
Copyright Complaints
DreamDinners.com and Dinnersforlife.com respects the intellectual property of others, and we require our users to do the same. DreamDinners.com and Dinnersforlife.com may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the DreamDinners.com or and Dinnersforlife.com service in a way that constitutes copyright infringement, or that DreamDinners.com or and Dinnersforlife.com contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify DreamDinners.com or Dinnersforlife.com by providing DreamDinners.com copyright agent the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act., 17 U.S.C. §512. Any claims of copyright infringement on or regarding this Web Site should be sent to Dream Dinners.com Designated Agent to receive notification of claimed infringement: Dream Dinners, Inc., Legal Department PO Box 889 Snohomish, WA 98291. Material Provided by Others
You agree that the Service Provider is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including but not limited to, infringing, defamatory, offensive or illicit material.
Indemnification
You agree to indemnify the Service Provider and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including attorney's fees) that may arise from your submissions, from your unauthorized use of material obtained through the Service, from your breach of this Agreement, or from any such acts arising though your use of Service.
Additional Rules
The Service Provider reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Service. Such additional rules will be posted in the relevant parts of the Service, and will be clearly identified. Your use of the Service constitutes your agreement to comply with these additional rules.
Disclaimer of Warranty and Limitation of Liability YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WQARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS. SERVICE PROVIDER AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE. THE SERVICE PROVIDER AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. Termination
Service Provider has the right to terminate your ability to access the Service, for any reason, without notice.
Jurisdiction
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Washington applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Seattle, Washington. In addition, you agree to submit to the personal jurisdiction and venue of such courts.
Severability
If any provision of this Agreement or portion thereof shall be declared invalid for any reason, the invalid provision or portion thereof shall be deemed omitted and the remaining terms shall be given full force and effect.
Entire Agreement
This Agreement is the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral. If you don't agree to the terms contained in this Agreement, please exit the Service now.
Our Blog(s) Terms & Conditions
By using and/or downloading and/or placing online any part of our Content including our News Feeds, or the content they contain, you agree to be bound by these terms and conditions. Dream Dinners, Inc. reserves the right to update the terms and conditions as necessary. It is your responsibility to review them periodically.
Dream Dinners and Dinners for Life Content is provided on an "as is" and "as available" basis. Dream Dinners Inc. gives no warranty of any kind in relation to our Feed or our Content and we disclaim all implied warranties, including, but not limited to, satisfactory quality, fitness for purpose, non-infringement, compatibility and accuracy. Our Dinners for Life or Dream Dinners blogs may contain nutritional news and data, supplied for general information purposes only. The materials contained within these blogs or our websites do not constitute medical advice, which should be sought from qualified medical advisers. Descriptions of, or references to, products or publications does not imply endorsement of that product or publication. The Dream Dinners and Dinners for Life Blogs contain links to external web sites. In no event shall Dream Dinners, Inc. be responsible for the content, accuracy or opinions expressed in these web sites. These web sites are not monitored or checked for accuracy or completeness by us. Inclusion of web sites linked to via content and links in our site does not imply approval or endorsement of the linked web site by us. If you decide to leave our web site and access these third-party sites, you do so at your own risk. The material displayed on our blogs is provided without any guarantees, conditions or warranties as to its accuracy. All title, ownership rights and intellectual property rights shall remain the property of Dream Dinners, Inc. Re-production of Content on Other Websites
However:
Our Content may only be placed on Sites which:
If you use a script to gather the information from our RSS feeds, you must use a server-side scripting language such as PHP or ASP, not JavaScript. You must gather the data from the feeds at regular intervals of an hour or more and use a database to store it. Using a script that gathers data from our site with every page load is not permitted. Images are the copyright property of Dream Dinners Inc., or respective third party company. Images cannot under any circumstance be copied, saved, used, and/or edited, without written consent of Dream Dinners, Inc. You (the user) agree Dream Dinners, Inc cannot be held liable/accountable for any problems or loss arising from any widgets, gadgets, software, devices and any such application regardless of whether Dream Dinners, Inc has added input into such application.
How do I know if I have this type of Gift Card?
Dream Dinners Gift Cards are redeemable for merchandise only at any participating Dream Dinners locations or online at dreamdinners.com. To redeem online enter the gift card number on the Billing Information page during check-out. Dream Dinners Gift Cards may not be returned or redeemed for cash or credit except where required by law. Because your Dream Dinners Gift Card is used like cash for purchases from Dream Dinners, you are responsible for all transactions associated with your Gift Card, including unauthorized transactions. However, if your Dream Dinners Gift Card is lost, stolen or damaged, it can be replaced for the remaining value with proof of the original purchase receipt and account number. To report a lost, stolen or damaged Dream Dinners Gift Card,
please call 1-888-303-1175. Dream Dinners Gift Cards are available for purchase online or in participating stores in set amounts from $25-$500. Dream Dinners Gift Cards may be reloaded only at participating Dream Dinners locations. Dream Dinners Gift cards do not expire and there are no fees for the issuance or use of your Dream Dinners Gift Card. Dream Dinners Discover Gift Cards - Cardholder Agreement (Discover gift cards were issued prior to 10/31/2009 and are no longer available for purchase) (California Residents specific Cardholder Agreement below) How do I know if I have this type of Gift Card?
Dream Dinners Discover® Network Gift Card - Cardholder Agreement
This document constitutes the agreement ("Agreement") outlining the terms and conditions under which a Dream Dinners Discover® Network Gift Card ("Card") has been issued to you. The Dream Dinners Gift Card is a prepaid card issued by MetaBank ("Issuer"). By accepting and using this Card, you agree to be bound by the terms and conditions contained in this Agreement. Please sign your Card immediately. In this Agreement "You" and "your" mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. "We", "us", "our", and "Bank" mean MetaBank, our successors, affiliates or assignees. You agree to sign the back of the Card immediately upon receipt. The Card will remain the property of Bank and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Our business days are Monday through Friday excluding holidays. Saturday, Sunday, and federal holidays are not considered business days, even if we are open. Please read this Agreement carefully and keep it for future reference. Definitions
Card: The Card is a Prepaid Card loaded with a specific amount of funds, redeemable to buy Dream Dinners goods and services at www.dreamdinners.com or at participating Dream Dinners store locations. The Card is not a credit card. The Card is not connected in any way to any other account and is not FDIC insured.
Card Value: Your initial Card Value is the dollar amount loaded to the Card. Card Value after purchase is the dollar amount initially loaded to the Card, less the amount of any/all purchase authorizations or settlements, less any/all other fees incurred pursuant to this Agreement ("Card Value"). You may confirm the amount of Card Value online at www.myprepaidcard.info or by calling 877-368-7530 (Reference "Card Fees" for a list of applicable fees). You should keep track of the amount of Card Value loaded on Cards issued to you.
Authorized Users: Until you sign the Card, you may present the card to another person for their use. That person should then sign the Card and become subject to these terms and conditions. However, once you sign the Card, it is for your use only. You are wholly responsible for the use of each Card according to the terms of this Agreement.
Registering Your Card
You may register your Card online at www.myprepaidcard.info or by calling 866-648-7961. Registering your Card is free. Your Card may be replaced if lost or stolen, only if you have previously registered the Card. However, if anyone uses the Card prior to you notifying us that your Card has been lost or stolen, we cannot restore the Card Value that was used prior to your notification to us. We will restore only the unused Card Value to a new Card (Reference "Card Fees" for a list of applicable fees). You may be required to provide personal information in the registration process, as online merchants may require you to verify this information at the time of purchase. All personal information will be held strictly confidential for use with this Card program only.
Using your Card
You may use your Card to obtain Dream Dinners goods and services at www.DreamDinners.com or at participating Dream Dinners store locations. For a list of participating Dream Dinners locations, please visit www.DreamDinners.com or call 1-425-876-8986. The Card cannot be used to obtain cash, for illegal transactions, or for online gambling activity. If you use your Card number without presenting your Card (such as for a mail order or telephone purchase), the legal effect will be the same as if you used the Card itself.
For security reasons, we may limit the amount or number of transactions you can make on your Card. You do not have the right to stop payment on any transaction made with your Card. Each time you use your Card, you authorize us to deduct the amount of the transaction from the Card Value associated with the Card. YOU ARE NOT ALLOWED TO EXCEED THE AVAILABLE CARD VALUE ON YOUR CARD. If you attempt to use the Card when there is insufficient Card Value associated with it, the transaction will generally be declined. Nevertheless, if a transaction that exceeds the balance of the Card Value available on your Card occurs due to a systems malfunction or otherwise, you shall remain fully liable to us for the amount of the transaction and any applicable fees or charges. If you wish to use your Card for a purchase which is greater than the Card Value available on your Card, you must tell the merchant to charge only the exact amount of Card Value available on the Card to the Card and then you must arrange to pay the difference using another payment method. The merchant may require payment for the difference in cash rather than accepting another card, such as a credit or debit card. Some merchants may not accept these "split transactions." If you fail to inform the merchant prior to completing the transaction, your Card is likely to be declined. If you commence a purchase and then change your mind and fail to make the purchase, after the merchant has already obtained an "authorization" for the transaction, the "authorization" may result in a temporary hold for that amount of funds for up to ten (10) days. Car and hotel authorizations may result in a temporary hold on funds up to thirty (30) days. The Card will cease to function for purchase transactions on the first day of the month following the "Valid Thru" date indicated on the face of the Card. We reserve the right to deactivate your Card at any time after the "Valid Thru" date imprinted on the face of the Card. After thirty (30) days from the "Valid Thru" date imprinted on the face of the card, we may reserve the right to remove all remaining Card Value and the unused balance will be handled according to applicable law. If a merchant attempts to process the Card after the "Valid Thru" date imprinted on the face of the Card, the transaction will be declined. If you attempt to return merchandise after the Card "Valid Thru" date, or if the Card has been deactivated, we will not restore any Card Value to the Card and you are subject to the policy of the merchant who accepted the Card for payment of the merchandise or services. Card Fees
Subject to applicable law, the following fees apply to your Card. All Card Fees are immediately deducted from your Card Value.
Expired Cards
Your Card will expire, however, your Card Value might not, as required by your local state law. Your Card will cease to function for purchase transactions on the first day of the month following the "Valid Thru" date indicated on the face of the Card. If you previously registered your Card as stated above, and provided a valid email address as requested, and have a Card Value balance greater than five dollars ($5.00), approximately thirty (30) days prior to the "Valid Thru" date imprinted on the face of the Card, we will notify you via the email address that you provided that your Card has a positive Card Value balance remaining. Registered Cardholders may request that their Card Value be re-issued on a new Card with a new expiration date and with their remaining Card Value balance less, a five dollar ($5.00) reissue fee. We will charge a reissue fee against the Card Value balance on your original Card set to expire within the following thirty (30) days. The re-issued Card will expire no sooner than twelve (12) months from the Valid Thru date on the face of the re-issued Card. All re-issued Cards will be shipped to the registered Cardholder address within ten (10) business days after we receive the re-issue request from the registered Cardholder. For non-registered Cards and registered Cards that are not re-issued, upon expiration of the Card, we reserve the right to remove any remaining Card Value from the Card and handle according to applicable law.
Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds. It may take up to seven (7) days for the amount of the refund to be credited to your Card.
Receipts
You should get a receipt at the time you make a transaction using your Card. You agree to retain your receipt to verify your transactions.
Our Liability for Failure to Complete Transactions
No Warranty Regarding Goods and Services or Uninterrupted Use
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card. From time to time the Card service may be inoperative, and when this happens, you may be unable to use your Card or obtain information about your balance. Please notify us if you have any problems using your Card. You agree that we are not responsible for any interruption of service.
Periodic Statements
Statements in electronic format will be made available free of charge at www.myprepaidcard.info during each month in which a transaction occurs. You may choose to have a paper statement mailed to you by calling 877-368-7530 (Reference Card Fees for a list of applicable fees).
Your Liability for Unauthorized Transactions; Disputed transactions
You agree to safeguard the Card and treat it like cash. The Card can be replaced if it is lost or stolen or if you believe that an electronic fund transfer has been made without your permission, with certain restrictions. You should call 1-888-489-0464 or write to Cardholder Services, NBO Systems, Inc., 3676 W. California Avenue, Building D, Salt Lake City, Utah, 84104 immediately to report a lost or stolen Card. You will be required to provide your name, the Card number, original value, and transaction history. If you do not contact us immediately, you could lose all the money in your account (plus the maximum overdraft line of credit, if applicable). If you tell us within two (2) business days after you learn of the loss or theft of your Card, you can lose no more than $50 if someone used your Card without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your Card, and we can prove we could have stopped someone from using your Card without your permission if you had told us, you could lose as much as $500. We reserve the right to require an affidavit and conduct an investigation into the validity of any request. You will not be liable for transactions identified by us as unauthorized. We will charge a replacement card fee (subject to applicable law) for any lost/stolen Card, which will be deducted from the Card Value on the Card. A reissued Card may take up to thirty (30) days to process. You acknowledge that purchases made with prepaid cards, such as the gift card, are similar to those made with cash. You cannot "stop payment" or lodge a "billing dispute" on such transactions. Any problems or disputes you may have regarding a purchase should be addressed directly with the merchant.
Other Terms
Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Card is issued by Bank pursuant to license from Discover® Network. This Agreement will be governed by the law of the State of South Dakota except to the extent governed by federal law.
Amendment and Cancellation
We may amend or change the terms of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice.
We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. Privacy and Data Protection
(i) Information We Collect ("Cardholder Information"):
(a) Information about purchases made with the Card, such as date of purchase, amount and place of purchase.
(b) Information you provide to us when you apply for a Card, or for replacement Cards or when you contact us with customer service issues, such as name, address, phone number. (ii) Information Security: Only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information. In addition, we maintain physical, electronic and procedural security measures that comply with federal regulations to safeguard Cardholder Information. (iii) Disclosure: We may use Cardholder Information to provide customer services, to process claims for lost or stolen Cards, to help protect against fraud and to conduct research and analysis. In addition, it is often necessary for us to disclose Cardholder Information for the same purposes to companies that work with us. For example, we may provide certain Cardholder Information to companies that perform business operations or services on our behalf. We may also provide certain Cardholder Information to others as permitted by law, such as government entities or other third parties in response to subpoenas, where necessary to complete transactions, or if you give us your written permission. Arbitration Disclosure
(a) Purpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court. (b) Definitions: As used in this Arbitration Provision, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to the Card or this Agreement including the validity, enforceability or scope of this Arbitration Provision or the Agreement. "Claim" includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes, without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card; (ii) the amount of Available Funds on the Cards; (iii) advertisements, or oral or written statements related to the Card, goods or services purchased with the Cards; (iv) the services related to the Cards; and (v) your purchase, activation, use or upgrade for any Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court. As used in the Arbitration Provision, the terms "we" and "us" shall mean the Bank, subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, "we" or "us" shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who market or provide services), if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. (c) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the procedures of the national arbitration organization to which the Claim is referred. Claims shall be referred to either the National Arbitration Forum ("NAF"), Judicial Arbitration and Mediation Services ("JAMS"), or the American Arbitration Association ("AAA"), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select either of the other organizations listed to serve as arbitrator administrator. You may contact us for instructions on how to obtain copies of any of these organizations’ procedures. (d) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE PROCEDURES OF THE NAF, JAMS, OR AAA, AS APPLICABLE (THE "PROCEDURES"). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. (e) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. (f) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees ("fees") for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the fees in connection with the arbitration (or appeal). (g) Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the applicable Procedure, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Procedure. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Procedure and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding. (h) Continuation: This Arbitration Provision shall survive termination of your Card If any portion of this Arbitration Provision is deemed invalid or unenforceable it shall not invalidate the remaining portions of this Arbitration Provision or the Agreement both of which shall be enforceable regardless of such invalidity. Licensed under U.S. Patent Nos. 5,689,100 and 5,956,695. Dream Dinners Discover Gift Cards - California Residents only Cardholder Agreement Overview
Prepaid Dream Dinners Discover® Network Gift Card - Cardholder Agreement IMPORTANT - PLEASE READ CAREFULLY This document constitutes the agreement ("Agreement") outlining the terms and conditions under which a Prepaid Dream Dinners Discover® Network Gift Card ("Card") has been issued to you. The Gift Card is a prepaid card issued by MetaBank ("Issuer"). By accepting and using this Card, you agree to be bound by the terms and conditions contained in this Agreement. Please sign your Card immediately. In this Agreement "You" and "your" mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. "We", "us", "our", and "Bank" mean MetaBank, our successors, affiliates or assignees. You agree to sign the back of the Card immediately upon receipt. The Card will remain the property of Bank and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Our business days are Monday through Friday excluding holidays. Saturday, Sunday, and federal holidays are not considered business days, even if we are open. Please read this Agreement carefully and keep it for future reference. Definitions
Card: The Card is a Prepaid Card loaded with a specific amount of funds, which may be used everywhere Discover Network Cards are accepted. The Card is not a credit card. The Card is not connected in any way to any other account and is not FDIC insured.
Card Value: Your initial Card Value is the dollar amount loaded to the Card. Card Value after purchase is the dollar amount initially loaded to the Card, less the amount of any/all purchase authorizations or settlements, less any/all other fees incurred pursuant to this Agreement ("Card Value"). You may confirm the amount of Card Value online at www.myprepaidcard.info or by calling 877-368-7530 (Reference "Card Fees" for a list of applicable fees). You should keep track of the amount of Card Value loaded on Cards issued to you.
Authorized Users: Until you sign the Card, you may present the card to another person for their use. That person should then sign the Card and become subject to these terms and conditions. However, once you sign the Card, it is for your use only. You are wholly responsible for the use of each Card according to the terms of this Agreement.
Registering Your Card
You may register your Card online at www.myprepaidcard.info or by calling 866-648-7961. Registering your Card is free. Your Card may be replaced if lost or stolen, only if you have previously registered the Card. However, if anyone uses the Card prior to you notifying us that your Card has been lost or stolen, we cannot restore the Card Value that was used prior to your notification to us. We will restore only the unused Card Value to a new Card (Reference "Card Fees" for a list of applicable fees). You may be required to provide personal information in the registration process, as online merchants may require you to verify this information at the time of purchase. All personal information will be held strictly confidential for use with this Card program only.
Using your Card
You may use your Card online at www.DreamDinners.com or everywhere Discover Network Cards are accepted. For a list of participating Dream Dinners locations, please visit www.DreamDinners.com or call 1-425-876-8987. The Card cannot be used to obtain cash, for illegal transactions, or for online gambling activity. If you use your Card number without presenting your Card (such as for a mail order or telephone purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make on your Card. You do not have the right to stop payment on any transaction made with your Card. Each time you use your Card, you authorize us to deduct the amount of the transaction from the Card Value associated with the Card. YOU ARE NOT ALLOWED TO EXCEED THE AVAILABLE CARD VALUE ON YOUR CARD. If you attempt to use the Card when there is insufficient Card Value associated with it, the transaction will generally be declined. Nevertheless, if a transaction that exceeds the balance of the Card Value available on your Card occurs due to a systems malfunction or otherwise, you shall remain fully liable to us for the amount of the transaction and any applicable fees or charges. If you wish to use your Card for a purchase, which is greater than the Card Value available on your Card, you must tell the merchant to charge only the exact amount of Card Value available on the Card to the Card and then you must arrange to pay the difference using another payment method. The merchant may require payment for the difference in cash rather than accepting another card, such as a credit or debit card. Some merchants may not accept these "split transactions." If you fail to inform the merchant prior to completing the transaction, your Card is likely to be declined. If you commence a purchase and then change your mind and fail to make the purchase, after the merchant has already obtained an "authorization" for the transaction, the "authorization" may result in a temporary hold for that amount of funds for up to ten (10) days. Car and hotel authorizations may result in a temporary hold on funds up to thirty (30) days. The Card will cease to function for purchase transactions on the first day of the month following the "Valid Thru" date indicated on the face of the Card. We reserve the right to deactivate your Card at any time after the "Valid Thru" date imprinted on the face of the Card. After thirty (30) days from the "Valid Thru" date imprinted on the face of the card, we may reserve the right to remove all remaining Card Value and the unused balance will be handled according to applicable law. If a merchant attempts to process the Card after the "Valid Thru" date imprinted on the face of the Card, the transaction will be declined. If you attempt to return merchandise after the Card "Valid Thru" date, or if the Card has been deactivated, we will not restore any Card Value to the Card and you are subject to the policy of the merchant who accepted the Card for payment of the merchandise or services. Card Fees
Subject to applicable law, the following fees apply to your Card. All Card Fees are immediately deducted from your Card Value.
Expired Cards
Your Card will expire, however, your Card Value might not, as required by your local state law. Your Card will cease to function for purchase transactions on the first day of the month following the "Valid Thru" date indicated on the face of the Card. If you previously registered your Card as stated above, and provided a valid email address as requested, and have a Card Value balance greater than five dollars ($5.00), approximately thirty (30) days prior to the "Valid Thru" date imprinted on the face of the Card, we will notify you via the email address that you provided that your Card has a positive Card Value balance remaining. Registered Cardholders may request that their Card Value be re-issued on a new Card with a new expiration date and with their remaining Card Value balance less, a five dollar ($5.00) reissue fee. We will charge a reissue fee against the Card Value balance on your original Card set to expire within the following thirty (30) days. The re-issued Card will expire no sooner than twelve (12) months from the Valid Thru date on the face of the re-issued Card. All re-issued Cards will be shipped to the registered Cardholder address within ten (10) business days after we receive the re-issue request from the registered Cardholder. For non-registered Cards and registered Cards that are not re-issued, upon expiration of the Card, we reserve the right to remove any remaining Card Value from the Card and handle according to applicable law.
Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds. It may take up to seven (7) days for the amount of the refund to be credited to your Card.
Receipts
You should get a receipt at the time you make a transaction using your Card. You agree to retain your receipt to verify your transactions.
Our Liability for Failure to Complete Transactions
No Warranty Regarding Goods and Services or Uninterrupted Use
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card. From time to time the Card service may be inoperative, and when this happens, you may be unable to use your Card or obtain information about your balance. Please notify us if you have any problems using your Card. You agree that we are not responsible for any interruption of service.
Periodic Statements
Statements in electronic format will be made available free of charge at www.myprepaidcard.info during each month in which a transaction occurs. You may choose to have a paper statement mailed to you by calling 877-368-7530 (Reference Card Fees for a list of applicable fees).
Your Liability for Unauthorized Transactions; Disputed transactions
You agree to safeguard the Card and treat it like cash. The Card can be replaced if it is lost or stolen or if you believe that an electronic fund transfer has been made without your permission, with certain restrictions. You should call 1-888-489-0464 or write to Cardholder Services, NBO Systems, Inc., 3676 W. California Avenue, Building D, Salt Lake City, Utah, 84104 immediately to report a lost or stolen Card. You will be required to provide your name, the Card number, original value, and transaction history. If you do not contact us immediately, you could lose all the money in your account. If you tell us within two (2) business days after you learn of the loss or theft of your Card, you can lose no more than $50 if someone used your Card without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your Card, and we can prove we could have stopped someone from using your Card without your permission if you had told us, you could lose as much as $500. We reserve the right to require an affidavit and conduct an investigation into the validity of any request. You will not be liable for transactions identified by us as unauthorized. We will charge a replacement card fee (subject to applicable law) for any lost/stolen Card, which will be deducted from the Card Value on the Card. A reissued Card may take up to thirty (30) days to process. You acknowledge that purchases made with prepaid cards, such as the gift card, are similar to those made with cash. You cannot "stop payment" or lodge a "billing dispute" on such transactions. Any problems or disputes you may have regarding a purchase should be addressed directly with the merchant.
Other Terms
Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Card is issued by Bank pursuant to license from Discover Network. This Agreement will be governed by the law of the State of South Dakota except to the extent governed by federal law.
Amendment and Cancellation
We may amend or change the terms of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice.
We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. Privacy and Data Protection
(i) Information We Collect ("Cardholder Information"):
(a) Information about purchases made with the Card, such as date of purchase, amount and place of purchase.
(b) Information you provide to us when you apply for a Card, or for replacement Cards or when you contact us with customer service issues, such as name, address, phone number. (ii) Information Security: Only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information. In addition, we maintain physical, electronic and procedural security measures that comply with federal regulations to safeguard Cardholder Information. (iii) Disclosure: We may use Cardholder Information to provide customer services, to process claims for lost or stolen Cards, to help protect against fraud and to conduct research and analysis. In addition, it is often necessary for us to disclose Cardholder Information for the same purposes to companies that work with us. For example, we may provide certain Cardholder Information to companies that perform business operations or services on our behalf. We may also provide certain Cardholder Information to others as permitted by law, such as government entities or other third parties in response to subpoenas, where necessary to complete transactions, or if you give us your written permission. Arbitration Disclosure
(a) Purpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.
(b) Definitions: As used in this Arbitration Provision, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to the Card or this Agreement including the validity, enforceability or scope of this Arbitration Provision or the Agreement. "Claim" includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims, and third-party claims. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes, without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card; (ii) the amount of Available Funds on the Cards; (iii) advertisements, or oral or written statements related to the Card, goods or services purchased with the Cards; (iv) the services related to the Cards; and (v) your purchase, activation, use or upgrade for any Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court. As used in the Arbitration Provision, the terms "we" and "us" shall mean the Bank, subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, "we" or "us" shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who market or provide services), if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. (c) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the procedures of the national arbitration organization to which the Claim is referred. Claims shall be referred to either the National Arbitration Forum ("NAF"), Judicial Arbitration and Mediation Services ("JAMS"), or the American Arbitration Association ("AAA"), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select either of the other organizations listed to serve as arbitrator administrator. You may contact us for instructions on how to obtain copies of any of these organizations’ procedures. (d) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE PROCEDURES OF THE NAF, JAMS, OR AAA, AS APPLICABLE (THE "PROCEDURES"). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. (e) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. (f) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees ("fees") for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the fees in connection with the arbitration (or appeal). (g) Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the applicable Procedure, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Procedure. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel, which will conduct an arbitration pursuant to its Procedure and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding. (h) Continuation: This Arbitration Provision shall survive termination of your Card If any portion of this Arbitration Provision is deemed invalid or unenforceable it shall not invalidate the remaining portions of this Arbitration Provision or the Agreement both of which shall be enforceable regardless of such invalidity. Referral Programs - Top IMPORTANT NOTICE:
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