Red Bulls Member Cards Terms & Conditions
New York Red Bulls Member Card & Club Cash Terms
(Revised & Effective March 1, 2012)
A. Obtaining your Member Card
We may automatically provide Member Cards with certain transactions – e.g., to individuals purchasing certain ticket packages, etc. In addition, we may allow you to purchase a Member Card from our Ticket Office, at http://www.newyorkredbulls.com, or by other means. In all instances, Member Cards remain the property of the Club and may not be sold, transferred or licensed. The Club reserves the right to expand or limit the availability of Member Cards, or terminate the Member Card program, at any time.
B. Member Card Benefits
You must use your Member Card at Red Bull Arena to receive any associated benefits, which may include the following:
- Club Cash – you may upload value to your Member Card which can be used to purchase tickets to Club games or events, as well as food, beverage or merchandise offered at participating locations at the stadium. Member Cards with Club Cash are not credit cards, charge cards or debit cards, nor are they connected in any way to your bank account.
- Tickets – we may in certain instances automatically load tickets you purchase on your Member Card, or offer you the option to do so. In all such instances, the Member Card will provide you access to the appropriate Club game or event without the need for a printed ticket.
We reserve the right to eliminate, modify or provide additional benefits in connection with Member Cards at any time.
C. Loading your Member Card with Club Cash
The purchasing value of your Member Card is determined by the amount of Club Cash uploaded onto your Member Card. Club Cash is uploaded to your Member Card via prepayment using your valid credit or debit card at the following locations: (1) http://www.newyorkredbulls.com. To do so, log into your account and follow the posted instructions; or (2) at the Ticket Office. A minimum of $10.00 up to an aggregate maximum of $200.00 in Club Cash may be uploaded to your Member Card. We reserve the right at any time to modify acceptable forms of payment, minimum/maximum limits or other terms associated with Club Cash. The Club Cash feature of Member Cards may be terminated at any time.
Subject to all applicable laws, we reserve the right to charge certain fees in connection with any Member Card. More than one fee may be assessed in given instance. These fees may include, but are not limited to, the following:
- Activation/Renewal Fee – a fee granting you the right to use a Member Card for a specified period of time (“Term”), such as a given calendar year, and a renewal fee to use the Member Card for a subsequent Term.
- Replacement Fee – a fee to replace your Member Card in the event it is lost, stolen, suspected to be used for fraudulent purposes by others, or where the Club agrees to replace your Member Card for any other reason. The amount of the Replacement Fee is set forth on the back of each Member Card.
- Re-activation Fee – a fee to re-activate your Member Card after an extended period of inactivity.
- Dormancy/Inactive Account Fee – with reasonable notice, a monthly or other fee in the event your Member Card remains inactive for an extended period of time. This fee will be assessed against your Club Cash balance. For purposes of this provision, “inactive” refers to your failure to use the Member Card in any way (e.g., as a ticket, for Club Cash, etc.) during any defined period of time we may establish consistent with relevant federal and state laws.
E. Expiration Dates
- Club Cash – there are no expiration dates for Club Cash. Subject to the limitations set forth below, you may request a refund for Club Cash at any time.
F. Checking your Member Card balance
You can check the Club Cash balance on your Member Card anytime at http://www.newyorkredbulls.com and logging into your account.
G. Club Cash Refunds
You may obtain a refund for Club Cash balances on your Member Card exceeding $10.00, subject to the following terms:
- If you wish to apply for a refund, you must download the refund form from the http://www.newyorkredbulls.com, include all the requested information and mail it New York Red Bulls Club Cash Processing at 600 Cape May Street, Harrison, NJ 07029. Refunds will be issued by electronic transfer to the debit or credit card that you most recently used to upload Club Cash to your Member Card, by electronic transfer to your chosen bank account, or by check to your registered home address. The method of payment must be specified in the refund form you send in or your refund will not be processed.
- We reserve the right to implement reasonable security measures to verify your identity before processing a refund request.
- Refunds will be processed within one (1) calendar month of receipt of your refund request.
- WE RESERVE THE RIGHT TO DENY A REFUND IF WE: (i) have reason to suspect that you are engaged in fraudulent or other criminal activities; or (ii) are prohibited from refunding the Club Cash by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority.
H. Your Responsibility - Loss, Theft, Damage
You are responsible for all purchase and other activity associated with your Member Card, whether or not the activity was authorized by you.
- Lost, Stolen or Unauthorized Use - If your Member Card is lost, stolen or otherwise used without your authorization, you are responsible for any activity associated with your Member Card up to the time you properly notify the Club in person at the Ticket Office or by calling 1.877.RBSOCCER. Once you have provided the Club proper notification, your Member Card will be deactivated. The Club Cash balance on your Member Card at the time of deactivation will be, at your request, either transferred to a new Member Card subject to payment of any applicable Replacement Fee or refunded subject to the above terms. If you find your Member Card after reporting it lost or stolen, please notify the Club at 1.877.RBSOCCER.
- Damage - If your Member Card is damaged or malfunctions, you should immediately notify the Club in person at the Ticket Office or by calling 1.877.RBSOCCER. If the Member Card malfunctioned or was damaged due to no fault on your part, the Club will replace your Member Card at no charge. In all other instances, the applicable Replacement Fee will apply.
I. Third Party Disputes
If there is a dispute between you and any third party providing you food, beverage, merchandise or other benefits in connection with your Member Card (“Third Party Dispute”), you understand and agree that we are under no obligation to become involved. In such instances, you hereby release the Club and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries and their related companies from claims, demands and damages of every kind or nature arising out of, relating to or in any way connected with such dispute.
Except for Third Party Disputes, you may direct any questions, concerns or complaints relating to Member Cards in writing to New York Red Bulls, Fan Services, 600 Cape May Street, Harrison, NJ 07029 or by email to email@example.com.
We may, in our sole discretion, temporarily or permanently change, limit, suspend or terminate your use of your Member Card and/or Club Cash without prior notice. We may do so based on changes to our business practices, if you violate the letter and spirit of these terms, or for any other lawful reason. You agree that we are not liable to you or any third party for any such action.
L. LIMITS ON OUR Liability
UNDER NO CIRCUMSTANCES SHALL THE CLUB OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH MEMBER CARDS, CLUB CASH, EVENT/GAME TICKETS, ANY PRODUCTS/SERVICES OR OTHER INFORMATION WE MAY PROVIDE (COLLECTIVELY, “SERVICES”), OR THESE TERMS.
REGARDLESS OF ANY INFORMATION YOU HAVE RECEIVED TO THE CONTRARY, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY (OR THAT OF OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES) FOR CLAIMS RELATED TO SERVICES OR THESE TERMS EXCEED THE PREPAID BALANCE ON YOUR MEMBER CARD ON THE DATE THE RELEVANT CLAIM(S) ARISES.
In some jurisdictions limitations of liability are not permitted and, therefore, some of the above limits may not apply in all instances.
M. DISCLAIMER OF WARRANTIES
TO THE FULL EXTENT PERMITTED BY LAW, SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE NOT WARRANTED IN ANY WAY. YOU EXPRESSLY AGREE THAT YOUR USE A MEMBER CARD, INCLUDING ANY CLUB CASH, IS AT YOUR OWN RISK. THE CLUB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO SERVICES OR THESE TERMS.
Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
You agree to indemnify and hold harmless the Club and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or related to: (i) your access to or use of a Member Card; (ii) any actual or alleged violation or breach by you of these terms; (iii) food, beverages, merchandise or other goods or services received through your Member Card or Club Cash; (iv) any actual or alleged breach of any representation, warranty or covenant that you have made to the Club; or (v) your acts or omissions including, without limitation, any illegal conduct. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
O. MANDATORY ARBITRATION
You and the Club agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to these terms or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. You and the Club each further agree:
- You and the Club are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction; and
- Exceptions to Arbitrate. Your or the Club may bring qualifying claims in small claims court. Further, pursuant to the “No Class Actions” provision below, you and the Club agree that any arbitration will be solely between you and the Club, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that the “No Class Action” restriction is unconscionable or unenforceable, then you and the Club agree that the agreement to arbitrate doesn't apply and the classwide dispute must be brought in court.
P. Governing Law AND FORUM
These terms shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. Any controversy or claim arising out of or relating to these terms or relating to use of Member Cards shall be resolved in a federal or state court in New York County, New York. You and the Club agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these terms must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.
Q. NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, YOU AND THE CLUB WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
R. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, YOU AND THE CLUB WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
You may not assign your rights or delegate any of your obligations, in whole or in part, in connection with these terms or your Member Card without our prior written consent. We may at any time, without your consent, assign our rights and/or delegate our obligations in connection with these terms and the Member Cards.
T. No Waiver
No waiver by us of any breach or default by you under these terms shall be deemed to be a waiver of any preceding or subsequent breach or default by you.
Except where you and the Club specifically agree otherwise (e.g., see the “Exceptions to Arbitrate” provision), if any part of these terms is unlawful or unenforceable for any reason, you and the Club agree that only that part of these terms will be stricken and all other provisions in these terms will remain valid and enforceable. So, for example, if the “LIMITS ON OUR LIABILITY” provision is not enforceable for whatever reason, then you and the Club agree an arbitrator (or, if permitted, a court) may strike only that provision and that all other provisions in these terms (e.g., “DISCLAIMER OF WARRANTIES,” etc.) will remain in force.