Gift Card
IMPORTANT – READ CAREFULLY
The WOODLANDS RESORT & RESTAURANT Cards are issued by The Woodlands Marketing Services, LLC (hereinafter “We”). The following Terms and Conditions apply to the use of the WOODLANDS RESORT & RESTAURANT Gift Cards, (hereinafter “Cards”) and constitutes an agreement (hereinafter “Agreement”) between You (“You”) and The Woodlands Marketing Services, LLC. Use of the Cards also constitutes acceptance of this Agreement, as well as our Privacy Policy.
The WOODLANDS RESORT & RESTAURANT Cards currently comes in the following forms:
(i) a physical Card; and
(ii) digital eGift Card.
In this Agreement, the term “Cards” refers to both the physical version of the Card and the digital eGift Card, except where indicated otherwise.
Note: This Agreement includes a binding arbitration provision, a class action and jury trial waiver, and limitations on liability and damages.
About Your WOODLANDS RESORT & RESTAURANT Cards
How to Purchase a WOODLANDS RESORT & RESTAURANT Card
The physical WOODLANDS RESORT & RESTAURANT Cards may be purchased at participating WOODLANDS RESORT & RESTAURANT locations at The Woodlands Resort, 2301 N Millbend Dr, The Woodlands, TX 77380 as well as Sorriso Modern Italian Kitchen and Como Club at 2 Waterway Square Pl, The Woodlands, TX 77380 in the U.S. The WOODLANDS RESORT & RESTAURANT digital eGift Cards may be purchased online at thewoodlands.com/giftcard.
Use of the WOODLANDS RESORT & RESTAURANT Cards
The WOODLANDS RESORT & RESTAURANT Cards are usable up to their balance only to purchase food, beverages and merchandise at participating WOODLANDS RESORT & RESTAURANT locations at The Woodlands Resort, 2301 N Millbend Dr, The Woodlands, TX 77380 as well as Sorriso Modern Italian Kitchen and Como Club at 2 Waterway Square Pl, The Woodlands, TX 77380 in the U.S.
Restrictions
The WOODLANDS RESORT & RESTAURANT Cards must be presented at the time of order to purchase goods. The Card may not be used to buy additional Cards, and is not redeemable for cash except as may be required by law. The Card also may not be resold without the prior consent of The Woodlands Marketing Services, LLC. The Card is not a credit or debit card, and no credit card, overdraft protection, deposit account, or depository insurance is associated with it.
Currency
The WOODLANDS RESORT & RESTAURANT Cards are available in U.S. Dollars (“USD”) only.
Expiration / Fees
The WOODLANDS RESORT & RESTAURANT Cards prepaid dollar value balance does not expire, nor do we charge any fees in connection with its use.
Balance
You can check the balance on a WOODLANDS RESORT & RESTAURANT Card HERE.
PIN
Your WOODLANDS RESORT & RESTAURANT Card has a Card Number and a Personal Identification Number (“PIN”) associated with it. On physical WOODLANDS RESORT & RESTAURANT Cards, the PIN can be found by scratching off the silver box on the back of the Card. For WOODLANDS RESORT & RESTAURANT eGift Cards, the PIN will be contained in the email in which the Card is delivered. The PIN is used to help identify You when checking account information online or when talking by telephone with customer service representatives.
Reloading Your Card
A WOODLANDS RESORT & RESTAURANT Card may also be loaded or reloaded with USD.
You can reload Your WOODLANDS RESORT & RESTAURANT Card dollar value balance in several ways. The physical WOODLANDS RESORT & RESTAURANT Card may be reloaded at participating locations at The Woodlands Resort, 2301 N Millbend Dr, The Woodlands, TX 77380 as well as Sorriso Modern Italian Kitchen and Como Club at 2 Waterway Square Pl, The Woodlands, TX 77380 in the U.S. and may also be reloaded online at thewoodlands.com/giftcard using a debit or credit card. Physical WOODLANDS RESORT & RESTAURANT Cards need not be registered in order for them to be reloaded online at thewoodlands.com/giftcard using a credit card. The WOODLANDS RESORT & RESTAURANT digital eGift Cards may be reloaded online at thewoodlands.com/giftcard.
The maximum dollar value that can be associated with any one WOODLANDS RESORT & RESTAURANT Card at any given time is $2,000.00. The maximum value that can be associated with a Card on any calendar day, between beginning balance and reload activity, is $2,000.00. No single individual may purchase Cards with a total value of more than $10,000.00 on any calendar day.
Unauthorized Transactions / Replacement of Lost, Stolen, or Damaged Cards
You are responsible for all transactions associated with Your WOODLANDS RESORT & RESTAURANT Card, whether authorized or unauthorized. You should take necessary precautions to safeguard Your Card.
Fraud
We reserve the right to refuse to accept or to otherwise limit the use of any WOODLANDS RESORT & RESTAURANT Card if we reasonably believe the use is unauthorized or unlawful.
Resolution of Disputes / Limitations on Liability and Damages
Please read this entire section carefully. This section requires binding arbitration of most disputes instead of pursuing any action in court, and affects legal rights that You may otherwise have.
Arbitration Rights / Class Action and Jury Trial Waiver
Any claim, controversy, or dispute arising out of or relating to Your use of the WOODLANDS RESORT & RESTAURANT Card or this Agreement (based in contract, tort, statute, or other legal theory)– shall be resolved by binding arbitration in accordance with the arbitration procedures set forth below, except that we or You may pursue relief in small claims court if the dispute falls within the applicable small claims court’s jurisdiction. Notwithstanding the forgoing, we or You may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
We and You both hereby waive the right to pursue any claim arising out of or relating to Your use of the WOODLANDS RESORT & RESTAURANT Cards or this Agreement on a class action, consolidated, representative, or private attorney general basis, whether in arbitration or in court. We and You also hereby waive the right to a jury trial.
For clarity, The Woodlands Marketing Services, LLC is only involved in the issuance of WOODLANDS RESORT & RESTAURANT Cards and the administration of the WOODLANDS RESORT & RESTAURANT Card program. It is not a part of the WOODLANDS RESORT & RESTAURANTS and is not in any way involved the sale of THE WOODLANDS RESORT & RESTAURANT products. The arbitration clause contained in this Agreement only applies to claims which actually arise out of or relate to the use of the WOODLANDS RESORT & RESTAURANT Cards or this Agreement, such as disputes over credits or debits to Your Card account, or redemptions required under state law.
Note: In some jurisdictions, the law may not permit the foregoing arbitration clause, waiver of class actions, or waiver of jury trial. If those laws are applicable to You, some or all of the foregoing requirements and waivers may not apply to You. In that event, the requirements and waivers shall be applicable to the fullest extent allowed by law.
Arbitration Procedures
Any arbitration in connection with this Agreement shall be conducted by the American Arbitration Association (the “AAA”), in accordance with its Consumer Arbitration Rules (the “AAA Rules.”). The AAA Rules and information about the arbitration process are available at www.adr.org or by calling 1-800-778-7879.
If You wish to initiate an arbitration proceeding, You must send a letter describing Your claim to Corporation Services Company registered agent, 211 E. 7th Street, Suite 620, Austin, TX 78701-3218. The letter must briefly explain the dispute, identify the names and addresses of any interested parties, specify the amount of money in dispute (if any), identify the requested location for the arbitration hearing if You wish to have an in-person hearing, and state what You are seeking in terms of relief. You must also file it online using the AAA’s WebFile system, which may be accessed through www.adr.org.
The arbitration will take place in the county in which You reside and will be decided by a single arbitrator, unless otherwise agreed to by the parties. The arbitrator will have the power to award You, on an individual basis, the same damages and other relief that a court can award under this Agreement and applicable law.
For claims of less than $1,000, we will be responsible for paying all administrative fees and costs. Otherwise, the payment of all administrative fees and costs will be governed by the AAA Rules. Reasonable attorneys’ fees and related expenses may be awarded only to the extent permitted under applicable law.
The arbitration award will be subject to limited court review, and judgment on the award may be entered in any court having proper jurisdiction. The arbitration shall be confidential, and neither we nor You may disclose the existence, content, or results thereof, except for purposes of enforcement of any arbitration award or otherwise required by law.
Limitations of Liability and Damages
We make no warranties, express or implied, with respect to the WOODLANDS RESORT & RESTAURANT Card, including but not limited to any implied warranty of merchantability or fitness for a particular purpose. In the event that Your Card is lost, stolen, damaged, or otherwise rendered non-functional, Your sole remedy, and our sole liability, shall be the replacement of such Card in accordance with the terms set forth above.
We and You agree that, on any claim arising out of or relating to Your use of the WOODLANDS RESORT & RESTAURANT Card or this Agreement, recovery of damages shall be limited to actual and direct damages, and may not include any indirect, special, consequential, enhanced, or punitive damages. We and You both hereby waive the right to seek or recover any indirect, special, consequential, enhanced, or punitive damages.
Note: In some jurisdictions, the law does not permit limitations on implied warranties or the limitation or exclusion of certain types of damages. If those laws are applicable to You, some or all of the foregoing limitations and waivers may not apply. In that event, the limitations and waivers shall be applicable to the fullest extent permitted by law.
Extension to Related Entities and Persons / Survival
The foregoing arbitration provision, limitations, and waivers are intended to be construed broadly, and shall apply to any and all claims arising out of or relating to Your use of the WOODLANDS RESORT & RESTAURANT Card or this Agreement, against any entity or person affiliated with WOODLANDS RESORT & RESTAURANTS, including but not limited to The Woodlands Marketing Services, LLC and any of their respective directors, officers, employees, or other representatives.
The foregoing arbitration provision, limitations, and waivers shall also survive the termination of this Agreement.
In the event that any part of this Agreement is determined by an arbitrator or court to be invalid or unenforceable, the remainder shall still be given full force and effect, to the fullest extent permitted by law.
Governing Law
We and You agree that Your use of the WOODLANDS RESORT & RESTAURANT Card, and this Agreement, evidence transactions affecting interstate commerce, which render this Agreement subject to the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
This Agreement shall otherwise be governed by and construed in accordance with the substantive laws of the State of Texas, without reference to any rules regarding conflicts of law.
Effective Date / Changes to Terms and Conditions
These WOODLANDS RESORT & RESTAURANT Card Terms and Conditions are effective upon publication on this website. You should not use Your Card if You object to this Agreement. Use of the Card constitutes acceptance of this Agreement.
We reserve the right to modify or terminate the WOODLANDS RESORT & RESTAURANT Card Terms and Conditions at any time, by posting notice of such modifications on this website.