LAFC MOBILE WALLET TERMS AND CONDITIONS
The following LAFC Mobile Wallet Terms and Conditions (the “Wallet Terms”) describe the terms and conditions that apply to the mobile wallet ("Mobile Wallet"), including prepaid account (“Prepaid Account ”) and stored credit card functionalities (“Stored Credit Card”) of the LAFC Mobile Application (the “Application”). These Wallet Terms are in addition to the Terms of Service for the Application provided at https://www.mlssoccer.com/terms-service, which shall otherwise govern your use of the Mobile Wallet. For the avoidance of doubt, (1) these Wallet Terms shall not be deemed to modify the Application Terms; and (2) these Wallet Terms shall not govern any features, aspect, or use of the Application other than the Mobile Wallet. By using the Mobile Wallet, you agree to the terms of this agreement. Please keep a copy of this agreement for your records.
PLEASE READ THE TERMS CAREFULLY BEFORE USING THE PREPAID ACCOUNT AND STORED CREDIT CARD FUNCTIONALITIES OF THE APPLICATION (“APPLICATION PAYMENT FUNCTIONS”).
THESE WALLET TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE APPLICATION PAYMENT FUNCTIONS TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE WALLET TERMS ALSO INCLUDE A JURY WAIVER.
ABOUT THE APPLICATION PAYMENT FUNCTIONS
The Application Payment Functions are brought to you by LAFC StadiumCo, LLC and its affiliates (collectively, the “Company”, “LAFC”, “we”, “us”). Most stores and food vendors at Banc of California Stadium will accept the Application Payment Functions (“Participating Vendors”). Some stores or food vendors may not permit you to use the Application Payment Functions. We reserve the right not to accept any Application Payment Functions or otherwise limit use of an Application Payment Function if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
The Prepaid Account allows you to load a dollar value onto your Application for future purchases at Participating Vendors. The dollar value that you load onto your Prepaid Account is a prepayment only for the goods and services of Participating Vendors. No credit card, credit line, overdraft protection or deposit account is associated with the Prepaid Account. Unless otherwise required by law or permitted by this agreement, any amount in your Prepaid Account is nonrefundable and may not be redeemed for cash. No interest, dividends or any other earnings on funds deposited to the Prepaid Account will accrue or be paid or credited to you by the Company. The value associated with the Prepaid Account is not insured by the Federal Deposit Insurance Corporation (“FDIC”).
LOADING VALUE ONTO YOUR PREPAID ACCOUNT
You can load a U.S. dollar value onto the Prepaid Account Function by using a credit card through the Application. You may not load more than $200 worth of value to your Prepaid Account. The minimum amount that must be loaded onto your Prepaid Account Function is $25. The only value options available to load onto your Prepaid Account are $25, $50, and $100. The Company may change the maximum and minimum amounts at any time by notifying you as described in these Wallet Terms.
FEES AND EXPIRATION OF CARD BALANCES
The Company does not charge any fees for the issuance, activation or use of the Application Payment Functions. The Prepaid Account has no expiration date.
RECEIPTS AND STATEMENTS
Users of the Application Payment Functions are not sent statements of itemized transactions from the Application Payment Functions. You can check the balance of your Prepaid Account or review recent transactions on your Prepaid Account or Stored Credit Card in the LAFC Mobile Application. You will need to have your user name and password available in order to access your account. When you use your Application Payment Functions, you will receive a receipt if you request one but will not be asked to sign the receipt. The receipt will indicate that the purchase was made using the Application Payment Function. You should keep your receipts to ensure that your Prepaid Account balance is correct.
BILLING ERRORS, CORRECTIONS
We reserve the right to correct the balance of your Prepaid Account 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 dispute any transaction or correction that has been assessed against your Prepaid Account, please email appsupport@LAFC.com We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 60 days of the date of the transaction in question. You should monitor your transactions and account balances closely.
REGISTRATION, LIABILITY FOR UNAUTHORIZED TRANSACTIONS
Because the Application Payment Functions are used like cash for purchases from the Participating Vendors, you are responsible for all transactions associated with the Application Payment Functions, including unauthorized transactions. If you believe that there has been an unauthorized use of your Prepaid Account or the security of your Prepaid Account has been breached, you agree to immediately notify the Company. Your Prepaid Account balance is only protected from the point in time you notify us of the unauthorized use or breach of security. We will freeze the remaining balance in your Prepaid Account at the time you notify us. If you become aware of an unauthorized use of your Stored Credit Card, please contact your credit card company to cancel your card.
CHANGES TO THIS AGREEMENT
We may amend these Wallet Terms at any time, including any rights or obligations you or we may have. Your continued use of the Application Payment Functions after any modification will constitute your acceptance of the new terms. If we make any material changes, we will notify you by email sent to the email address specified in your account or by means of a notice on the Application prior to the change becoming effective. We encourage you to periodically review the Application for the latest information on Application Payment Functions
CANCELLATION OF THESE WALLET TERMS
We may suspend or terminate these Wallet Terms and revoke or limit any of 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 Application Payment Functions. If we terminate these Wallet Terms without cause, we will refund or issue credits equal to the balance in your Prepaid Account less any amounts that you may owe us.
APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION
NOTE: THE FOLLOWING PROVISIONS REGARDING APPLICABLE LAW, JURISDICTION; DISPUTE RESOLUTION APPLY SOLELY TO THE INTERPRETATION OF AND DISPUTES REGARDING THE USE OF THE MOBILE WALLET UNDER THESE WALLET TERMS. ALL OTHER DISPUTES SHALL BE ADDRESSED PURSUANT TO THE APPLICABLE APPLICATION TERMS.
These Wallet Terms shall be governed by the law of the United States and the State of California, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties agree that any claim or dispute one party has against the other party arising under or relating to these Wallet Terms (including claims in contract, tort, strict liability, statutory liability, or other claims) that is not resolved through the dispute resolution section of these Wallet Terms must be resolved exclusively by a court of competent jurisdiction, federal or state, located in Los Angeles County, California, and no other court. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them.
It is the Company’s goal that the Application Payment Functions meet your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, the Company is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with the Company, you acknowledge and agree that you will first give the Company an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute using the following email address: appsupport@LAFC.com or mailing address:
App Support/Banc of California Stadium
3939 S. Figueroa Street
Los Angeles, CA 90037
You then agree to negotiate with the Company in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after the Company’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Application Payment Functions, shall be final and binding arbitration, except (1) to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate the Company’s or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by the Company and/or the applicable third party(ies); and (2) you may, alternatively, assert your claims under the Wallet Terms in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. You and we acknowledge that these Wallet Terms affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these Wallet Terms (despite any other choice of law provision).
Arbitration under these Wallet Terms shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer- Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon your filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $10,000 unless the arbitrator determines the claims are frivolous. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on any individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $10,000 as to which you provided notice and negotiated in good faith with Company as required above before initiating arbitration, if the arbitrator finds that 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, the Company agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE MOBILE WALLET, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THESE WALLET TERMS BY SENDING AN EMAIL TO appsupport@LAFC.com Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Wallet Terms.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THESE WALLET TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE MOBILE WALLET, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND THE COMPANY BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
To the maximum extent permissible under applicable laws, in no event shall any claim, action, or proceeding by you related to any way to the Application Payment Functions or these Wallet Terms be instituted more than one (1) year after the cause of action arose.
DISCLAIMERS AND LIMITS OF LIABILITY
YOUR USE OF THE APPLICATION PAYMENT FUNCTIONS IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE WALLET TERMS, THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES AND THE COMPANY’S VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “THE COMPANY AND ITS AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. THE COMPANY AND ITS AFFILIATED PARTIES DO NOT REPRESENT OR WARRANT THAT THE APPLICATION PAYMENT FUNCTIONS WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.
IN THE EVENT THAT THE COMPANY OR ITS AFFILIATED PARTIES 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 IN YOUR APPLICATION PAYMENT FUNCTIONS. THE COMPANY AND ITS AFFILIATED PARTIES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WALLET TERMS, 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 THE COMPANY OR ITS AFFILIATED PARTIES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO AN APPLICATION PAYMENT FUNCTION 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 these Wallet Terms. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE COMPANY AND ITS AFFILIATES, PARTICIPATING VENDORS, LICENSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ALL OTHER RELATED PERSONS OR ENTITIES, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE MOBILE WALLET.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR” (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF YOU ARE A RESIDENT OF A STATE OTHER THAN CALIFORNIA, YOU EXPLICITLY WAIVE THE TERMS AND PROTECTIONS OF ANY STATUTE OF YOUR OWN STATE THAT HAS A SIMILAR IMPORT OR INTENT.
We may assign all or part of these Wallet Terms without such assignment being considered a change to the Wallet Terms, and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by these Wallet Terms.
If any provision of these Wallet Terms shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. All interpretations of these Wallet Terms will be at the Company’s sole discretion and the Company’s decisions will be final. When used in these Wallet Terms, the word “including” shall be deemed followed by the word “without limitation.”
The failure of the Company and its Affiliated Parties to insist upon strict adherences to any section of these Wallet Terms shall not constitute a waiver of that section and shall not be considered a waiver or limit the Company’s right thereafter to insist upon strict adherence to that section or any other section in these Wallet Terms.
INQUIRIES OR QUESTIONS
If you have any comments, questions, or complaints regarding these Wallet Terms or the Application Payment Functions, or wish to report any violation of these Terms, please contact us at appsupport@LAFC.com