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Huey Magoo’s Gift Cards Terms & Conditions Agreement

Effective Date: January 13, 2025
Last Updated: January 13, 2025

The following Huey Magoo’s Gift Card Terms and Conditions (the “Gift Card Terms”) describe the terms and conditions that apply to your purchase, acceptance, and use of Huey Magoo’s Gift Cards. Huey Magoo’s Gift Cards currently can come in two forms: (i) a physical gift card (“Card”); and (ii) an electronic gift card ( “e-Gift Card”) purchased through Huey Magoo’s website and/or mobile app. The terms Cards and e-Gift Cards are collectively referred to herein as “Gift Card”, except where otherwise indicated.

These Gift Card Terms are between you and Huey Magoo’s Restaurants, LLC (“Huey Magoo’s”). By purchasing, accepting or using a Huey Magoo’s Gift Card, you agree to be bound by these Gift Card Terms. These Gift Card Terms include and are subject to the Terms and Conditions of Use Agreement governing your access to and use of Huey Magoo’s Online Services and Huey Magoo’s Privacy Policy . If you do not agree to be bound by these Gift Card Terms, then do not purchase, use or accept any Huey Magoo’s Gift Card.

ABRITRATION NOTICE: These Gift Card Terms include a binding arbitration provision set forth below in Section 12 that governs any disputes between you and Huey Magoo’s. Except where prohibited by applicable law, these Gift Card Terms require you to arbitrate disputes with us. In arbitration, there is less discovery and appellate review than in court. Resolving disputes through arbitration will:

  • Eliminate your right to a trial by jury to the extent allowable under applicable law;
  • Waive any rights to participate in a class action lawsuit or representative action with respect to any disputes or claims arising out of or relating to these Gift Card Terms; and
  • Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings in arbitration and litigation.

The Huey Magoo’s Gift Card

The Huey Magoo’s Gift Card may only be used up to its balance make authorized purchases at participating Huey Magoo’s restaurants (each, a “Restaurant”) in the United States. The physical Gift Card may be purchased at participating Restaurants in the U.S. or online at www.HueyMagoos.com. Huey Magoo’s e-Gift Cards may be purchased online at www.HueyMagoos.com or through Huey Magoo’s mobile app. Huey Magoo’s Gift Cards will only be sold in and from the United States and will not be shipped to destinations outside of the United States. Huey Magoo’s Gift Cards can also be used in conjunction with Huey Magoo’s Loyalty Rewards Program, which is administered separately subject to additional terms and conditions which can be found at Huey Magoo’s Loyalty Rewards Program.

Purchase of Gift Cards

The Huey Magoo’s Gift Card may be purchased in-store with cash or with a valid credit card.

Participating Restaurants

Huey Magoo’s cannot guarantee that your Gift Card will be accepted at every Huey Magoo’s Restaurant because most Restaurants operate as independent franchises. We recommend that you ask the cashier or call ahead to find out if a particular Huey Magoo’s location is a participating Restaurant, prior to placing your order.

e-Gift Cards

Huey Magoo’s Gift Card program allows you to buy and send e-Gift Cards. When you purchase or receive an e-Gift Card, the following additional terms and conditions will apply. Huey Magoo’s e-Gift Cards are an electronic version of the Huey Magoo’s Gift Card that may be purchased online or via the Huey Magoo’s mobile app.

Huey Magoo’s e-Gift Cards are delivered in the form of a digital code via email. Huey Magoo’s e-Gift Cards are redeemable for food, drink and merchandise purchases at www.HueyMagoos.com, through Huey Magoo’s mobile app or at participating Restaurants in the United States. To use an e-Gift Card at a participating Restaurant, the e-Gift Card holder must (i) present the digital code to the cashier (via the e-Gift Card holder’s mobile phone or in printed format) or (ii) the use the Huey Magoo’s mobile app.

When sending an e-Gift Card, the e-Gift Card sender is responsible for ensuring that the address of the e-Gift Card recipient is correct. Huey Magoo’s is not responsible and has no liability for any e-Gift Card that is undeliverable, not received by the e-Gift Card recipient or claimed by someone other than the e-Gift Card recipient as a result of inaccurate information provided by the e-Gift Card sender. You may not return or cancel your e-Gift Card after it is received.

Huey Magoo’s will not replace the value of any e-Gift Card that is lost, stolen or damaged. Therefore, it is important that the e-Gift Card recipient protect the e-Gift Card and not share the details of the e-Gift Card with anyone else because others may be able to redeem the e-Gift Card and deplete its monetary value.

Redemption

Your Gift Card is redeemable only for purchases of food, beverages or merchandise at participating Huey Magoo’s Restaurants in the United States, via Huey Magoo’s Online website or via Huey Magoo’s mobile application. To find out if a particular Huey Magoo’s Restaurant is a participating Restaurant, ask the applicable Huey Magoo’s Restaurant or call ahead to confirm it is a participating Restaurant prior to placing your order. Huey Magoo’s cannot guarantee acceptance of your Gift Card at all Huey Magoo’s Restaurants because most Huey Magoo’s Restaurants operate as independent franchises. The Huey Magoo’s Gift Card must be presented at the time of your order.

You are responsible for all transactions made using your Huey Magoo’s Gift Card (whether authorized or unauthorized). Therefore, it is important for you to safeguard your Gift Card and not disclose your Gift Card information to anyone.

We reserve the right to temporarily limit or disallow redemptions due to technical difficulties or other unforeseen circumstances

Reloading Your Huey Magoo’s Gift Card

Physical Cards purchased from a participating Huey Magoo’s Restaurants may be reloaded with additional value. Please visit a participating Huey Magoo’s Restaurant in the United States to reload your Card. E-Gift Cards may also be reloaded through Huey Magoo’s website at www.HueyMagoos.com or through Huey Magoo’s mobile app.

Balance Inquiry

For balance inquiry, visit https://order.incentivio.com/c/hueymagoos/giftcard/lookup. You may also check your Gift Card balance at participating Huey Magoo’s Restaurants in the United States. The balance you receive when inquiring through the website is an estimate only based on currently available transaction data. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.

Returns and Lost, Stolen and Damaged Gift Cards

You may not return or cancel your Huey Magoo’s Gift Card after it has been purchased. Huey Magoo’s is not responsible for lost, stolen, or damaged Gift Cards.

Gift Card Restrictions

Gift Cards cannot be resold, transferred for value, redeemed for cash or used to purchase other Gift Cards, except in states where required by law. Gift Cards are void if resold, transferred for value or redeemed for cash.

Expiration; Fees

Gift Cards do not expire and are not subject to any activation, inactivity or services fees.

Indemnification

You are responsible for all activity on your Gift Card. You shall defend, indemnify and hold Huey Magoo’s Restaurants, LLC, its parent, affiliate and subsidiary companies and each of their respective owners, directors, representatives, employees, contractors and suppliers from all liabilities, claims, and expenses (including, reasonable attorneys’ fees) that arise from your (i) use of misuse of the Gift Card; (ii) violation of any law, rule or regulation or any third party right; or (iii) violation of these Gift Card Terms.

Mandatory Binding Individual Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY, WHICH REQUIRES YOU TO ARBITRATE DISPUTES WITH HUEY MAGOO’S AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.

Mandatory Informal Dispute Resolution

Except with respect to any claim or dispute involving the ownership, validity or use of any Huey Magoo’s trademarks or service marks, and to the extent permitted by applicable law, you and we agree that any dispute or claim arising out of or relating in any way to these Gift Card Terms or your purchase or use of a Huey Magoo’s Gift Card (collectively, referred to as “Dispute”) where either party seeks legal recourse will be exclusively resolved by binding arbitration to be conducted by the American Arbitration Association (the “AAA”).

Before submitting a Dispute for arbitration in accordance with the provisions set forth in this Section 22, you agree to first give Huey Magoo’s to resolve the Dispute informally by sending a written description of your Dispute to Huey Magoo’s Restaurants, LLC, Attention: Legal Department, 6220 Hazeltine National Drive, Suite 110, Orlando, Florida 32822 (“Notice of Dispute”). The Notice of Dispute must contain enough information for Huey Magoo’s to attempt to resolve your Dispute, including (i) your name; (ii) the email address and telephone number where Huey Magoo’s may contact you; (iii) a written description of the problem, relevant documents, and supporting information; and (iv) a good faith calculation of the damages you claim to have suffered and a statement of the specific relief you are seeking. You may be represented by an attorney or other person in that process. However, if you choose to be represented by an attorney or other person, you must also submit with your Notice of Dispute a signed, written authorization allowing Huey Magoo’s to discuss your Dispute with your attorney or other representative. You and Huey Magoo’s each agree to negotiate any Dispute between us in good faith for a sixty (60) day period. You and Huey Magoo’s each further agree that neither of us may commence any arbitration or small claims proceeding unless you and Huey Magoo’s are unable to resolve the Dispute within 60 days after receipt of the Notice of Dispute and the party who sent the Notice of Dispute has made a good faith effort to resolve the claim during that time. Accordingly, engaging in this informal dispute resolution process is a prerequisite to commencing arbitration. The statute of limitations and all arbitration filing fee deadlines shall be tolled while you and Huey Magoo’s engage in this informal dispute resolution process.

If we are unable to resolve your Dispute within 60 days despite those good faith efforts, then either you or Huey Magoo’s may commence arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your Dispute to the following address:  Huey Magoo’s Restaurants, LLC, Attention: Legal Department, 6220 Hazeltine National Drive, Suite 110, Orlando, Florida 32822 and to the AAA.

Binding Individual Arbitration

You and Huey Magoo’s agree that Dispute not resolved by informal dispute resolution must be settled by binding individual arbitration conducted by the AAA (as noted above). The arbitration will be heard before a single independent arbitrator who shall be an attorney or retired judge, and who shall be selected using the following procedure: (i) the AAA will send the parties a list of five candidates; (ii) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (iii) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (iv) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. All arbitrators appointed pursuant to this process are subject to the disclosure and disqualification procedures set forth in the applicable AAA rules and any applicable state laws or rules. The arbitration shall be conducted in accordance with the AAA’s Commercial Arbitration Rules then in effect. This agreement to arbitrate affects interstate commerce. Accordingly, you and Huey Magoo’s agree that all matters within the scope of the Federal Arbitration Act (9 U.S.C. §1, et. seq.) will be governed by it and not by any state arbitration laws, including any questions regarding the enforceability of this dispute resolution provision, including all questions of arbitrability (despite the general choice of law provision set forth above).

If you are an individual, then the arbitration will be held virtually or in the city/county in which you reside.  If you are a business or legal entity other than an individual, then the arbitration will be held in Broward County, Florida.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s then-current Commercial Arbitration Rules. Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. We each also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.

An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we will not reimburse your initial filing fee and may seek an award of our legal fees or costs against you and/or your counsel. This Arbitration Agreement authorizes the arbitrator to award fees or other sanctions against your counsel. If you seek injunctive or declaratory relief, you agree that the arbitrator may award injunctive or declaratory relief in favor of you alone, and only to the extent necessary to resolve your individual claim.

The arbitrator will have the power to rule on their own jurisdiction, including any issues concerning the existence, validity, or scope of either this Arbitration Agreement, including whether any claim is subject to arbitration, provided that: (1) any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator; and (2) a court will have the authority to determine whether the parties have complied with the informal dispute resolution procedures set out above and whether any claim you or we have filed in arbitration or in court is inconsistent with the class action waiver (below) included in these Gift Card Terms.

If a court or arbitrator determines in an action between you and Huey Magoo’s that any part of this Arbitration Agreement cannot be enforced with respect to any claim, remedy, or request for relief, the rest of this Arbitration Agreement will continue to apply; provided, however, that if the class action waiver is declared to be unenforceable or invalid, this entire Arbitration Agreement (other than this sentence) will not apply to that claim, remedy, or request for relief (but will still apply to any and all other claims, remedies, and requests for relief that you or we may assert in that or any other action). In any such case, you and Huey Magoo’s agree that we will arbitrate all claims, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved claims, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court.

This Arbitration Agreement (as set forth in these Gift Card Terms) shall survive the termination of these Gift Card Terms and any other agreement between you and Huey Magoo’s.

Although Huey Magoo’s has the right to revise these Gift Card Terms, Huey Magoo’s does not have the right to alter the Arbitration Agreement herein or the arbitration rules specified herein once that Dispute arises, if such change would make the arbitration procedures materially less favorable to the claimant. If an issue arises as to whether changed procedures are less favorable to the claimant, such issues shall be decided by the arbitrator.

Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Arbitration Agreement.

To the fullest extent permitted by law, any and all Disputes shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.

Small Claims Court

Notwithstanding the parties’ agreement to resolve all disputes through arbitration, if the Dispute asserted in any request or demand for arbitration could have been brought in small claims court, then either you or Huey Magoo’s may elect to have the Dispute heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Any Dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such Dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim must proceed in arbitration. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND HUEY MAGOO’S AGREE TO WAIVE THE RIGHT TO A JURY TRIAL IN SMALL CLAIMS COURT. Any Dispute brought in small claims court must remain in such court and may not be removed or appealed to a court of general jurisdiction and may only be conducted on an individual basis. Accordingly, you waive the ability to pursue your small court claim in a class or representative action.

Class Action Waiver

YOU AND HUEY MAGOO’S EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). FURTHER, UNLESS YOU OR WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE ANY PERSON’S OR ENTITY’S CLAIMS WITH THOSE OF ANOTHER PERSON OR ENTITY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. IF AFTER EXHAUSTION OF ALL APPEALS ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED RELIEF; CLASS, REPRESENTATIVE, COLLECTIVE, AND PRIVATE ATTORNEY GENERAL CLAIMS; AND CONSOLIDATION IS FOUND TO BE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR WITH RESPECT TO A PARTICULAR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR INJUNCTIVE RELIEF), THEN THE PARTIES AGREE THAT SUCH A CLAIM OR REQUEST FOR RELIEF SHALL BE DECIDED BY A COURT OF COMPETENT JURISDICTION AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED, and such court shall be the exclusive forum for such claims. If Huey Magoo’s believes that any claim you have filed is inconsistent with this limitation, then you agree that Huey Magoo’s may seek an order from a court determining whether your claim is within the scope of this class action waiver.

Waiver of Jury Trial

You and Huey Magoo’s HEREBY waive any right to a jury trial for such disputes. The rules in arbitration are different from the rules that apply in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS ARBITRATION AGREEMENT AND CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES). YOU agree that you will not file any lawsuit against huey magoo’s in any state or federal court. You agree that if you do sue in state or federal court, and huey magoo’s brings a successful motion to compel arbitration, you must pay all fees and costs incurred by huey magoo’s in court, including reasonable attorneys’ fees.

No Warranties; Limitation of Liability

THE GIFT CARD IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUEY MAGOO’S GIFT CARDS LLC: (a) MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (b) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (c) DOES NOT WARRANT THAT THE WEBSITE IS OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE GIFT CARD USE OF THE GIFT CARD IS AT YOUR SOLE RISK. IF A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

Governing Law

These Gift Card Terms shall be governed by, interpreted and enforced in accordance with the laws of the State of New York and the United States, without regard to their conflicts of law provisions or principles.

Fraud

Huey Magoo’s reserves the right to refuse to honor or otherwise limit the use of any Huey Magoo’s Gift Card if Huey Magoo’s, in its sole discretion, believes the use is unauthorized, fraudulent or otherwise unlawful.

Changes to these Gift Card Terms

Huey Magoo’s reserves the right (in its sole discretion) to change these Gift Card Terms from time to time, at any time, with or without notice to you, which changes may be provided to you by any reasonable means, including, without limitation, by posting the revised version of these Gift Card Terms at www.hueymagoos.com (the “Updated Gift Card Terms”). Your use of a Huey Magoo’s Gift Card after our posting of the Updated Gift Card Terms constitutes your agreement to the Updated Gift Card Terms. The Updated Gift Card Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Gift Card Terms and will apply to your use of the Gift Card from that point forward. You are responsible for remaining knowledgeable of any changes to these Gift Card Terms. The most current version of these Gift Card Terms will be available on Huey Magoo’s website and will supersede all previous versions of these Gift Card Terms.

Termination of Huey Magoo’s Gift Card Program

Huey Magoo’s Gift Card program has no set termination date and may continue until such time that Huey Magoo’s Restaurants, LLC decides to terminate its issuance of Huey Magoo’s Gift Cards. Huey Magoo’s may terminate the issuance of its Gift Cards at any time, with or without notice to you.