Spencer's Nation Terms and Conditions

Spencer's Nation Terms and Conditions

Last Updated: Oct 30, 2023

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. AS DESCRIBED UNDER THE SECTION HEADING, "Dispute Resolution: Mandatory Binding Individual Arbitration and Class and Collective Action Waiver", THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND WAIVER OF CLASS ACTION AND COLLECTIVE ACTION CLAIMS. YOU AGREE TO SUBMIT ANY DISPUTES BETWEEN US EXCLUSIVELY TO INDIVIDUAL ARBIRATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PARTICIPATE IN THE PROGRAM.

The Spencer's Nation rewards program ("Program") is offered at the sole discretion of Spencer's Gifts LLC, 6826 Black Horse Pike, Egg Harbor Township, NJ 08234 ("Spencer's", "we", "us", "our") to customers making eligible purchases (a "Participant"). By participating in the Program, you agree to these terms and conditions (the "Terms and Conditions") of the Program. You can also access our SMS Terms here.

From time to time, we may provide certain additional offers or promotions that apply to the Program and have additional terms and conditions (in each such instance, and collectively, "Additional Terms"). Please see such Additional Terms for more information about any additional offers or promotions. To the extent that there is a conflict between the offers and promotions in these Terms and Conditions and the offers and promotions in the Additional Terms, the Additional Terms will control.

By downloading and installing the Spencer's Nation mobile application (the "App") and participating in the Program, you agree to be bound by and comply with these Terms and Conditions and any applicable Additional Terms as they may be updated from time to time.

TABLE OF CONTENTS

  1. Eligibility
  2. How to Participate
  3. How to Earn Punches
  4. How to Redeem Punches
  5. Account Verification
  6. Program Communications
  7. Suspension; Modification; Termination
  8. Disclaimers
  9. Indemnification
  10. Dispute Resolution: Mandatory Binding Individual Arbitration and Class and Collective Action Waiver
  11. Privacy
  12. California Notice of Financial Incentive
  13. General Conditions
  14. Additional App Terms
  15. California Consumer Complaints
  16. Spencer's
  17. Contact

Eligibility

The Program is open only to legal residents of the United States and Canada (excluding Quebec) (the "Eligibility Area") who are the age of majority in their jurisdiction at the time of registration in the Program. This Program is void where prohibited or restricted by law. All federal, state, provincial/territorial, and local laws apply.

How to Participate:

Registration. To participate in the Program, you must register your mobile phone number and email address and create a Program account ("Account") via the App. You can access the App by downloading the App from the Apple App Store or the Google Play Store. No purchase is necessary to create an Account. Spencer's reserves the right to refuse registration in the Program to any individual that does not meet the eligibility requirements as described in Section 1

Limitations. You must use your real name when you register for the Program. Any registrations made under an alias will be deemed a violation of these Terms and Conditions and may be subject to termination by Spencer's. Any person attempting to obtain or use more than one Account will be disqualified from participating in the Program in our sole discretion. Disqualification from the Program may include the cancellation of all Punches (defined below in Section 3.2) and your Account. Your Account is personal to you and may not be sold, transferred, assigned, shared, or used for any commercial purpose. In the event that a Participant creates multiple accounts, we may merge Punches or Punch Cards across multiple accounts at our sole discretion.

How to Earn Punches:

Earning Punches. Once you become a Participant in the Program, you can earn either a Jewelry Punch (defined below) or a T-Shirt Punch (defined below) by making certain purchases as outlined below. You must earn six (6) Jewelry Punches or four (4) T-Shirt Punches to complete your Jewelry Punch card or T-Shirt Punch card, respectively (each, a "Punch Card"). Completed Punch Cards may be used to redeem rewards ("Rewards") as set forth in Section 4 below.

Qualifying Purchases: Once registered in the Program, a Participant may earn Punches by purchasing any select qualifying Jewelry or any select qualifying T-Shirt (each, a "Qualifying Purchase") online or from a retail store operated by Spencer's in the Eligibility Area (a "Spencer's Store"). For each Qualifying Purchase, a Participant is eligible to receive one punch (a "Jewelry Punch" or a "T-Shirt Punch", as applicable, each, a "Punch"). Items constituting a Qualifying Purchase will be defined in our sole discretion. A Qualifying Purchase will exclude free items, clearance jewelry, and clearance T-Shirts. When making a Qualifying Purchase at a Spencer's Store, you must provide the check-out associate with the mobile number associated with your Account or you must scan the QR code located within the mobile app. When making a Qualifying Purchase online, you must be logged in to your account and have your account linked to your Program account. Upon completion of your Qualifying Purchase, you will earn one (1) Jewelry Punch and/or one (1) T-Shirt Punch, as applicable, for each Qualifying Purchase and your Account will be credited with the applicable Punch(es). Spencer's shall be under no obligation to credit your account immediately and you acknowledge and agree that Spencer's shall not be responsible or liable, in any way, for any losses, costs, or expenses incurred by a delay or error in crediting your Account.

Accrued Punches Viewable in Participant's App: The number of Punches that you have earned will be tracked in the App. You may use the App to check the status of your Punch Card. Unless otherwise stated, once Punches are earned, they will be credited to your Account within approximately twenty-four (24) hours. Each Participant will have the responsibility of ensuring that their Punches are properly credited. Any claim for Punches not credited accurately must be received by Spencer's within seven (7) days of the date of claimed accrual of such Punches. Manual credit of Punches depends on the nature of the issue and may take up to thirty (30) days. Spencer's shall have no liability for any typographical or other errors in the Punches summaries in the App. Spencer's reserves the right to remove Punches from a Participant's Account if it determines that such Punches were improperly credited, obtained fraudulently or through any technique that violates the intent of these Terms and Conditions. Punches added to a Participant's Account that are subsequently determined to be invalid for any reason will be removed from the Participant's Account. Spencer's reserves the right to require proof of accrual of Punches and Spencer's reserves the right to delay the processing or redemption of any Punches without notice to Participant in order to assure compliance with these Terms and Conditions. Our decisions regarding the awarding of Punches are final and binding.

Deduction of Punches: If you return a Qualifying Purchase for which you have earned a Punch, the earned Punch will be deducted from your Account.

No Cash Value or Transferability: Punches do not constitute the property of any Participant and have no cash value. As such, Punches are not redeemable for cash, transferable, or assignable for any reason, and are only redeemable for Rewards through the Program.

How to Redeem Punches:

Spencer's offers rewards for completed Punch Cards as set forth below (the "Rewards"). A Punch Card with six (6) Jewelry Punches is eligible to be redeemed for one piece of non-clearance jewelry that is offered by Spencer's in its sole discretion. A Punch Card with four (4) T-Shirt Punches is eligible to be redeemed for one non-clearance T-shirt that is offered by Spencer's in its sole discretion. For details on eligible Rewards, see FAQs in the Spencer's Nation Mobile App. Rewards may be redeemed online or in person at a Spencer's Store. A Punch will expire after one year after the date of your last earned Punch. A completed Punch Card will expire one year from the date the Punch Card was completed. Once you have redeemed your Punch Card for a Reward, your Punch Card will be reset. Rewards may not be returned, transferred, or exchanged, for any reason, including if the Reward is stolen or lost. No substitutions of any kind (unless at our sole discretion) are offered or permitted with respect to any Reward.

Rewards Availability. All Rewards available pursuant to this Program are subject to change by Spencer's in its sole discretion without notice. Spencer's does not guarantee the availability of any Reward for any period during the Program. Spencer's may, in its discretion, add new merchandise items for redemption.

Account Verification:

All Accounts, Qualifying Purchases, and/or Punches are subject to verification at the sole discretion of Spencer's. Anti-fraud detection devices may be used for verification purposes. Spencer's reserves the right to void Punches and/or Rewards if suspicious activity is detected or suspected. No Rewards redemption will be valid if such Rewards redemption is associated with any Punches and/or Account deemed void for any reason. Spencer's may change its policy or set limitations and restrictions on replacements at any time and without any form of notice. Except as expressly stated above, Spencer's shall not have any liability or obligation to the holder of a void Qualifying Purchase, Punches and/or Rewards or to any third party, with respect to any void Punches and/or Rewards.

Program Communications:

Spencer's (or a vendor acting on our behalf) may send you communications via email, text message, and other channels about the Program. You acknowledge that Spencer's may (i) communicate with you about changes to the Program; (ii) communicate with you about any Rewards, offers, promotions, or additional marketing materials; and (iii) share your information with trusted vendors in connection with the Program. Please note that even if you opt out of receiving marketing or promotional email communications, Spencer's may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.

To view the SMS Terms applicable to our text message program, please visit here.

Suspension; Modification; Termination

You will forfeit all Punches earned, if Spencer's suspends or terminates your participation because of conduct that Spencer's determines, in its sole discretion, violates these Terms and Conditions or any applicable law, involves fraud, attempted fraud, or misuse of Program, or is harmful to the interests of Spencer's or its customers. Our failure to insist upon or enforce your strict compliance with these Terms and Conditions will not constitute a waiver of any of our rights.

Spencer's reserves the right, in its sole discretion, to modify, suspend, or terminate the Program and/or any part thereof, including without limitation any Punches or Rewards offered, at any time and for any reason, without any compensation to Participants. Spencer's also reserves the right to deny future participation in the Program if Spencer's deems your conduct to have violated these Terms and Conditions. If Spencer's elects to terminate or modify in a material way the Program or any benefits or policies of the Program, Spencer's will provide you with a notice of the material modification or termination of these Terms and Conditions by posting the modifications or notice of termination in the App, and by sending an email to the email address associated with a Participant's Account. Any such modifications will become effective immediately after such posting or other such notification. We encourage you to review these Terms and Conditions regularly for modifications. Your participation in the Program is subject to your continued consent to these Terms and Conditions, including after any material modifications. Spencer's, at its discretion, may ask you to consent to materially modified Terms and Conditions to continue participating in the Program. In the event of termination of the Program, at our election, Spencer's may, in its sole discretion, allow you to complete and redeem any uncompleted Punch Card (if any) accrued through the date of such termination for ninety (90) days after the termination of the Program.

Disclaimers:

AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE PROGRAM AND APP IS AT YOUR SOLE RISK AND THE PROGRAM AND APP IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, SPENCER'S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH OR OTHERWISE RELATED TO THE PROGRAM AND APP, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE PROGRAM OR APP OR ANY LINKED SERVICE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONALITY OF THE PROGRAM MATERIAL OR APP OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM MATERIAL OR APP IS FREE OF VIRUSES, MALICIOUS SOFTWARE, OR OTHER HARMFUL COMPONENTS

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM PROGRAM MATERIALS OR APP IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR PERSONAL INFORMATION MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR OTHER CONTENT TO US AND/OR BY POSTING INFORMATION ON PROGRAM MATERIALS OR APP NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED, OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND SPENCER'S OTHER THAN PURSUANT TO THESE TERMS.

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (A) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY SPENCER'S OR ITS SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY SPENCER'S TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (B) SPENCER'S LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY SPENCER'S TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (C) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST SPENCER'S THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

Indemnification:

You agree to defend, indemnify, and hold harmless Spencer's from and against any and all claims, liabilities, damages, losses, costs, and expenses (including, reasonable attorneys' fees and costs) arising out of or in connection with any of the following: (a) your breach or alleged breach of these Terms and Conditions; (b) your participation in the Program or your use of the App; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (d) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (e) any misrepresentation made by you. Spencer's reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You will not in any event settle any claim without the prior written consent of Spencer's and you agree to cooperate with our defense of any such claim.

Dispute Resolution: Mandatory Binding Individual Arbitration Class Action Waiver:

Important: This Section (Section 11) limits certain LEGAL rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class, collective, or representative claim or ACTION, and the right to certain remedies and forms of relief. Other rights that we or you would have in court, such as an appellate review, also may not be available in the arbitration processes described within this Section. Please review carefully.

In the unlikely event that a disagreement arises between you and Spencer's regarding any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Program, the App, these Terms and Conditions, or Additional Terms (collectively, "Dispute"), prior to initiating any legal action, you must first contact us directly by email at legaldept@spencergifts.com. You must describe the nature of the Dispute, the basis for your claims and the resolution you are seeking.

You agree that the term "Dispute" in these Terms and Conditions will have the broadest meaning possible. These Terms and Conditions also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of Spencer's, or third party if Spencer's could be liable, directly or indirectly, for such Dispute.

During the 60 days from the date you first contacted us, you and we agree to engage in good faith efforts to resolve the Dispute. During this 60 day time period you and we agree to toll any statutes of limitations that may apply, along with any filing deadlines.

If the dispute is not resolved within the 60 day period (and the parties do not agree to extend the period), you and we agree that the dispute will be resolved entirely through binding INDIVIDUAL ARBITRATION, or as we and you otherwise agree in writing. If the parties have more than one Dispute between them, you and Spencer's agree to assert all such Disputes in a single arbitration so they may be resolved at the same time or they will be deemed waived.

Class and Collective Action Waiver:

You and Spencer's explicitly agree to the fullest extent allowable and enforceable under applicable law, that the arbitrator must decide any Dispute on an individual basis. NO DISPUTE SHALL BE ARBITRATED ON A CLASS, REPRESENTATIVE OR CONSOLIDATED BASIS. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated absent the express written consent of Spencer's. The arbitrator may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in the Terms and Conditions, any challenge to the validity of this Class and Collective Action Waiver must be determined by a court of competent jurisdiction and not by an arbitrator. If, for any reason, this Class and Collective Action Waiver is held to be unconscionable or unenforceable, then the Dispute must be brought exclusively in a state or federal court in New Jersey. Accordingly, you and Spencer's consent to the exclusive personal jurisdiction and venue of such courts for such matters. Moreover, any action that proceeds in state of federal court shall be tried to a judge and not a jury.

  • A. Disputes shall be resolved solely by a single, neutral arbitrator of the American Arbitration Association ("AAA") using the prevailing rules of the AAA, including the AAA's Consumer Arbitration Rules, as modified by this arbitration agreement. Alternatively, the arbitration may be conducted by any other arbitration administration service that you and an officer or legal representative of Spencer's consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the "metropolitan statistical area" (as defined by the U.S. Census Bureau), or the provincial or territorial judicial district, as applicable, where you are a resident at the time the Dispute is submitted to arbitration.
  • B. You and Spencer's will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Spencer's to pay a greater portion or all of such fees and costs in order for this Section 11(A) to be enforceable, then Spencer's will have the right to elect to pay the fees and costs and proceed to arbitration.
  • C. You are responsible for paying your portion of the fees set forth in the AAA fee schedule. Except as modified by the Additional Procedures for Multiple Case Filings, Spencer's will pay all remaining fees. If your claim against Spencer's is for less than $1,000, and you succeed on the merits, we will pay all fees. If you believe you cannot afford the AAA fee, you may apply to AAA for a fee waiver.
  • D. The arbitrator will (a) apply applicable law and the provisions of these Terms and Conditions and any Additional Terms; (b) determine any Dispute according to applicable law and facts in the record and no other basis; and (c) issue a reasoned award. In any arbitration arising out of or related to these Terms and Conditions, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits.
  • E. Additional Procedures for Multiple Case Filings. You and we agree that these Additional Procedures for Multiple Case Filings (in addition to the other terms of this arbitration agreement) shall apply if you participate in a Multiple Case Filing. If 25 or more similar Disputes (including yours) are instituted against Spencer's by the same or coordinated counsel or otherwise are coordinated by the AAA, Spencer's, in its sole discretion, may elect to opt the Disputes out of arbitration and require the Disputes to proceed in a court of competent jurisdiction consistent with the remainder of the Terms and Conditions, including the class and collective action waiver. Notwithstanding this option available to Spencer's, counsel for the parties may mutually agree to proceed in arbitration using agreed upon bellwether, batching or similar procedures to reduce the costs and gain efficiencies associated with litigating multiple cases. If such bellwether, batching or similar procedures are used, the remaining similar Disputes instituted by the same or coordinated counsel shall not be deemed filed for purposes of assessing arbitration fees until the first batch or set of bellwether cases are arbitrated and the remaining Dispute(s) are selected for arbitration. If these Additional Procedures apply to your claim, any applicable statute of limitations shall be tolled from the time the first cases are selected for a bellwether, batched or similar procedure until your claim is selected for a bellwether, batched or similar procedure, withdrawn or otherwise resolved.
  • F. WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the extent permitted by applicable law, any Dispute shall otherwise be governed by the internal laws of the State of New Jersey without regard to New Jersey choice of law principles, except that the provisions of this Agreement concerning arbitration shall be governed by the United States Federal Arbitration Act.
  • G. In the event that AAA is unavailable or unwilling to hear the Dispute, you and Spencer's shall agree to, or a court shall select, another arbitration provider.
  • H. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.

Privacy:

Our Privacy Policy is available at: www.spencersonline.com/content.jsp?pageName=SecPriv.

California Notice of Financial Incentive:

Under California law, the Program may be considered a financial incentive, please visit: California Notice of Financial Incentive for more information.

General Conditions:

You hereby waive any right to claim ambiguity in these Terms and Conditions. All federal, state, and local laws and regulations apply. Federal, state, and local taxes, if any, are the sole responsibility of the Participant. You shall not use any robotic, automatic, macro, programmed, third party or like methods while using the App. In the event of any conflict with any Program details contained in these Terms and Conditions and Program details contained in program materials (including but not limited to point of sale, FAQs, and other promotional media), the details of the Program as set forth in these Terms and Conditions shall prevail.

Additional App Terms:

General Conditions Regarding Use of the App.

The App: The App may contain: (i) materials and other items relating to Spencer's (or any of its vendors) including software, layout, information, databases, images, scripts, designs, graphics, illustrations, photographs, sounds, pictures, videos, technology, interactive features, the "look and feel" of the App; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of Spencer's; and (iii) other forms of intellectual property. All rights, title, and interest in and to the App is the property of Spencer's, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

User License: Subject to your strict compliance with these Terms and Conditions, we grant you a limited non-exclusive, revocable, non-transferable, non-sublicensable, personal license to download, display, view and use the App in connection with your participation in the Program for your non-commercial use only ("User License"). The foregoing User License (i) does not give you any ownership of, or any other intellectual property interest in the App; and (ii) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. Your unauthorized use of the App may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. All rights not expressly granted to you are reserved by Spencer's and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.

App Availability: Spencer's will use commercially reasonable efforts to provide access to the App. The App may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Spencer's, access to the App may be interrupted or suspended from time to time. Spencer's shall have the right at any time to change or discontinue any aspect or feature of the App, including, but not limited to, hours of availability, and equipment needed for access or use.

Location-Based Features: If geo-location, or other location-based features are enabled on the device where the App is accessed, you acknowledge that your device location may be tracked and may be shared with others consistent with our Privacy Policy. Use location-based services at your own risk as location data may not be accurate.

Accessing and Downloading the App. You acknowledge and agree that the availability of the App is dependent on the third party from whom you received the App license (e.g., the Apple App Store or Google Play).

The following applies to your use of the App accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):

  • A. You acknowledge and agree that these Terms and Conditions are between you and Spencer's only, and that Apple Inc. ("Apple") is not a party to these Terms and Conditions other than as a third-party beneficiary as contemplated below.
  • B. You acknowledge and agree that Spencer's, and not Apple, is responsible for providing the App Store Sourced Application and the content thereof.
  • C. Any license granted to you in these Terms and Conditions is limited to a non-transferable license to use the App Store Sourced Application on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple's App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using our mobile apps, such as your wireless data service agreement.
  • D. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application, and Spencer's, not the App Store, is solely responsible for the Services, the content thereof, and warranty therefor.
  • E. You acknowledge that, as between Spencer's and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • F. You acknowledge and agree that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
  • G. You represent and warrant that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • H. You and Spencer's acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms and Conditions as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. Without limiting any other terms of these Terms and Conditions, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

The following applies to your use of the App accessed through or downloaded from the Google Play Store:

  • A. You acknowledge that Google is not responsible for providing support services for the App.
  • B. If any of the terms and conditions in these Terms are inconsistent with the Google Play Development Distribution Agreement (the current version as of the data of these Terms) is located at https://play.google.com/about/developer-distribution-agreement.html, the terms and conditions of Google's Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.

CALIFORNIA CONSUMER COMPLAINTS: If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at: 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

SPENCER'S: Spencer Gifts LLC, 6826 Black Horse Pike Egg Harbor Township, NJ 08234

All trademarks on the App or in any other Program promotional materials are the property of their respective owners.

CONTACT

For questions about the Program or these Terms and Conditions, please contact Spencer's Guest Services by email at guestservices@spencergifts.com or by phone at (800) 762-0419.