Version Update: October 11, 2021
These Ruby’s Gift Card Terms and Conditions (the “Agreement”) govern any use or attempted use of Ruby’s Restaurant gift cards (the “Cards”, and each, a “Card”). This Agreement is made between any person who has physical possession of a Card (“Cardholder”) and Ruby’s Gift Cards LLC (“Card Company”). (Certain waivers by Cardholder contained in this Agreement and certain rights and privileges described in this Agreement run in favor of, and may be enforced and exercised by, certain non-parties to this Agreement, including Ruby’s Hospitality Group, LLC, RD Franchising, LLC and their respective affiliates / subsidiaries from time to time (collectively, “Ruby’s”), and all current and former licensed Ruby’s franchisees from time to time (the “Franchisees” and each, a “Franchisee”)). By purchasing, holding, accepting, using, or tendering a Card, a Cardholder agrees to be bound by this Agreement. CARDHOLDER SHOULD PAY PARTICULAR ATTENTION TO SECTION 9 WHICH INCLUDES AN AGREEMENT TO ARBITRATE ANY DISPUTE ARISING FROM OR RELATING TO ANY CARD OR THIS AGREEMENT, AND ALSO A WAIVER OF JURY TRIAL AND CLASS ACTION.
- The Cards. Cards are only redeemable for purchases made at participating Ruby’s restaurants. Although Cards may be sold at various Ruby’s Diner locations, including Ruby’s Diner locations owned by Ruby’s or Franchisees, may be sold online, or may be sold by other means or methods from time to time, Cards are issued by Card Company, and Card Company is the sole legal obligor to the Cardholder with respect to such Cards. Ruby’s and its affiliates/subsidiaries (other than Card Company) and the Franchisees bear no responsibility or liability for any of the Cards, and by purchasing, accepting, or using a Card, a Cardholder knowingly releases Ruby’s and its affiliates/subsidiaries (other than Card Company) and the Franchisees from any and all liability or claims of any nature whatsoever arising from or relating to the Card. The Cards that are the subject of this Agreement include all Cards issued from and after October 1, 2021. Card Company, Ruby’s, and Franchisees note that certain Ruby’s Restaurants gift cards, gift certificates, or similar items may have been issued prior to such date (by persons or entities other than, and not controlled by, Card Company, Ruby’s or Franchisees). Card Company, Ruby’s and Franchisees disclaim any liability or obligation arising from or with respect to any purported Ruby’s Restaurant gift cards, gift certificates, or similar items issued prior to October 1, 2021, or issued by persons or entities other than and not controlled by Card Company, Ruby’s, or Franchisees.
- Redemption. Cards are redeemable only for purchases of food, beverages, and merchandise at participating Ruby’s restaurants after the date of Card purchase, and may not be used to purchase additional Cards. At present, Cards are not accepted at the following Ruby’s locations: any airport location, including the Orange County John Wayne Airport location, the Las Vegas Harry Reid International Airport (formerly McCarran International Airport) location, and the Ruby’s Restaurant location at Resorts Casino in Atlantic City, New Jersey. Additionally, cards are not accepted at any restaurant not currently within the “Ruby’s” system, which includes any “Ruby’s Express” restaurant. This list is subject to change from time to time. Cards have no value until they are duly purchased and activated and the means of payment tendered for Card purchase has been honored or has cleared. As permitted by applicable law, Card Company, Ruby’s and the Franchisees reserve the right to refuse to honor any Card in the event of or in conjunction with: (a) any disputed or dishonored credit card charge, bounced check or other failure of consideration (either as part of the Card purchase or in conjunction with any attempted Card use), (b) any rightful refusal of service to the Cardholder or his or her party, (c) any reasonable belief or suspicion that a use or attempted or intended use of the Card is fraudulent, unlawful or in violation of this Agreement, or (d) any reasonable belief or suspicion that any purchase or attempted purchase of the Card was fraudulent, unlawful, or in violation of this Agreement. As permitted by applicable law, Card Company also reserves the right to adjust a Card balance, disable Card usage, or otherwise take appropriate action in the event of (a), (c), or (d) above.
- Balance and Balance Inquiry. For balance inquiry as to a Card, visit www.rubys.com. Any Card balance provided is a current estimate only and may not account for recent balance adjustments based on recent Card usage or other activity taken pursuant to the terms of this Agreement. A Card balance may be increased from time to time by the Cardholder making the proper payment to the Card Company of additional amounts with respect to the Card.
- Restrictions on Purchase and Use. As permitted by applicable law, Card Company, Ruby’s, or Franchisees may refuse any sale of Cards based upon reasonable belief or suspicion that any such purchase is fraudulent, unlawful, or in violation of this Agreement, or that the means of payment tendered has been or will be dishonored, is fraudulent or unlawful, or is the product of fraudulent or unlawful activity (e.g., any attempted Card purchase with stolen property or counterfeit funds). As permitted by applicable law, the Company also reserves the right to adjust a Card balance, disable Card usage, or otherwise take appropriate action in the event of any of the circumstances described in the foregoing sentence. As permitted by applicable law, Card Company, Ruby’s, and Franchisees may restrict or specify the accepted means or method of payment for the purchase of Cards and may disallow or condition other possible means of payment. Card Company, Ruby’s, and Franchisees reserve the right to limit the amount of value that may be placed on any one Card, and also in limiting the number of cards that may be purchased in any one day.
- No Expiration; No Fees. Cards do not expire. No fees for inactivity or service fees apply to any Cards.
- No Refunds; No Cash Value. No refunds are permitted with respect to the purchase of Cards and all Card sales are final. Cards have no cash value except where required by law.
- Lost, Damaged, or Stolen Cards; Unauthorized Use. Lost, damaged or stolen Cards will not be replaced or replenished. Card Company, Ruby’s and the Franchisees are not responsible for unauthorized Card use, including for any replenishment or replacement of any lost or stolen Card or for providing any value or credit with respect to any lost or stolen Card or unauthorized Card use. Card Company, Ruby’s and the Franchisees are under no obligation to determine whether a Card has been lost or stolen or whether any person tendering any Card is authorized to do so, or is the rightful purchaser, recipient, or user of such Card, and shall have no liability for honoring a lost or stolen Card or unauthorized use of a Card.
- Resale Prohibited. Cards may not be sold or otherwise bartered for exchange, but may be transferred from one Cardholder to another person for no monetary consideration, such as for a gift.
- MANDATORY BINDING INDIVIDUAL ARBITRATION. Please read this section carefully. It affects legal rights that a Cardholder may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.
- ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Cardholder, Card Company and Ruby’s (or any Franchisee, as applicable) agree that any dispute, controversy or claim arising out of or relating to this Agreement or Cardholder’s purchase, use, or attempted use of a Card, including the determination of the scope or applicability of this agreement to arbitrate, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual binding arbitration. This agreement to arbitrate shall apply to any dispute with other parties arising out of or relating to this Agreement or use of the Card, including the determination of the scope or applicability of this agreement to arbitrate, regardless of the date of accrual of such dispute. Notwithstanding the foregoing, Cardholder, Card Company, and Ruby’s (or any Franchise, as applicable) may bring an action in a small claims court having jurisdiction, where the claimant resides or is located, if the amount in controversy is $5,000 or less. Cardholder, Card Company and Ruby’s (and each Franchisee) agree to waive the right to trial by jury. CARDHOLDER, CARD COMPANY, AND RUBY’S (OR EACH FRANCHISEE) AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN HIS, HER, OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND CLASS, MASS, CONSOLIDATED OR COMBINED ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED. The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid, unenforceable, or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable, as though the invalid, unenforceable, or inapplicable part were not a part of this agreement to arbitrate. If any part of this agreement to arbitrate is deemed invalid or inapplicable, Cardholder, Card Company and Ruby’s (and each Franchisee) waive, to the fullest extent allowed by law, any right to pursue any claims on a class, mass, consolidated, or combined basis. Additionally, whether in arbitration or otherwise, Cardholder, Card Company and Ruby’s (and each Franchisee) waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages.
- ARBITRATION PROCEDURES
Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures, including the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To begin an arbitration proceeding against Card Company, Ruby’s or a Franchisee, a Cardholder must serve Ruby’s registered agent for service of process at Glenn T. Stockton, II, 801 S. Rampart Blvd. 200, Las Vegas, Nevada 89145. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law. Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator shall not award relief in excess of what is allowed by applicable law and the Agreement. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any declaratory or injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. Judgment on the award may be entered in any court of competent jurisdiction.
- Limitation of Liability. CARD COMPANY, RUBY’S AND ITS AFFILIATES AND EACH FRANCHISEE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARDS OR ANY CARD INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, A CARDHOLDER’S SOLE AND EXCLUSIVE REMEDY, AND CARD COMPANY’S SOLE LIABILITY SHALL BE THE REPLACEMENT OF SUCH CARD (AND RUBY’S AND FRANCHISEES SHALL HAVE NO LIABILITY). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY AS TO A GIVEN CARD OR CARDHOLDER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY.
- Unclaimed Property. In the event that a Card is not used for a certain period of time, Card Company, Ruby’s, or a Franchisee may be required to turn over the remaining Card balance to a state under such state’s unclaimed or abandoned property law. Although a Card does not expire, if Card Company (or Ruby’s, or a Franchisee) is obligated to turn over the remaining balance of a Card under a state’s unclaimed property law, by operation of law Card Company, Ruby’s, and the Franchisees will be released from any further liability or obligation with respect to such Card and a Cardholder may be required to contact the state’s unclaimed property administrator to attempt to recover any unused Card balance.
- Governing Law. The laws of the State of Nevada, without regard to principles of conflict of laws, apply to this Agreement and any use or potential or proposed use of a Card. If any part of this Agreement is determined to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions, which will remain in full force and effect and will be applied, read, and interpreted as though the unlawful, void or unenforceable part is not a part of the Agreement.
- Changes to Agreement. Card Company reserves the right to change this Agreement or any of its terms and provisions from time to time in its discretion without special notice to any Cardholder. Notice of changes will be by reasonable means, which may be by the posting of the revised version of this Agreement on the website www.rubys.com (“Updated Terms”). However, Card Company, Ruby’s and the Franchisees will have no duty or obligation to expressly inform any Cardholder of any Updated Terms, or any obligation to receive any Cardholder’s consent thereto. A Cardholder’s use or attempted use of a Card after Card Company has posted the Updated Terms constitutes such Cardholder’s agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to any use or proposed or attempted use of a Card from that point forward. The date of the last update to this Agreement is and will be indicated near the top of the page.