Terms & Conditions

Last Updated: 1/2/25

Welcome to the website operated by ATH Media LLC (“Company,” “we,” “us,” or “our”). These Terms & Conditions (“Terms”) govern your access to and use of our website (the “Service”) and the purchase and use of any products or services offered through our Service, including (i) gift cards, merchandise credits, vouchers, or similar prepaid products (“Cards”), and (ii) deposits for organized group tours (“Tours”). By accessing or using our Service, or by purchasing Cards or paying a deposit for Tours, you (“you” or “your”) agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Service or make any purchase.

1. Definitions

• Service: The website and any related online services we provide.
• Cards: Gift cards, merchandise credits, vouchers, or similar prepaid products offered or sold by us.
• Tours: Organized group tours offered by us for which you can reserve a spot by paying a deposit.
• Device: Any device (computer, smartphone, tablet, etc.) used to access or use the Service.

2. Eligibility

1. Age Requirement
   • You must be at least 18 years old to use our Service, purchase Cards, or make Tour reservations. By using the Service or making any purchase, you represent and warrant that you meet this age requirement.
2. No Account Registration Required
   • We do not require you to create an account to browse our website, purchase Cards, or pay a deposit for Tours. However, we may request certain information (e.g., name, email address, payment details) to complete transactions and communicate with you.

3. Purchases

3.1 Gift Cards

1. Order Process
   • You may place orders for Cards through our Service or by contacting us directly (if available). We reserve the right to request additional verification of your identity, payment method, or other order details.
2. Payment & Delivery
   • Unless otherwise specified, payment in full is due at the time of purchase. Once verified, we will deliver the Cards electronically to the email address (or other method) you provide. Delivery times are estimates and may vary based on factors outside our control.
3. Non-Refundable
   • All Card purchases are final and non-refundable, except as required by applicable law or as otherwise stated in these Terms (e.g., covered by our warranty in Section 4).
4. Order Cancellations
   • Once you place an order for Cards, it is generally non-cancellable. We may cancel orders at any time if we suspect fraud, detect errors in pricing or inventory, or identify a violation of these Terms. If we cancel your order, we will issue a refund for any amount you have paid.

3.2 Deposits for Tours

1. Reservation & Deposit
   • To reserve your spot on one of our Tours, you must pay the stated deposit amount (“Deposit”). All Deposits are non-refundable once paid.
2. Cancellation Policy
   • If you must cancel your reservation for any reason, your non-refundable Deposit can be applied as a credit toward a future Tour offered by ATH Media LLC. You may use this credit for one or more Tours of your choice, subject to availability.
3. Tour Changes & Cancellations
   • We reserve the right to modify or cancel a Tour if circumstances require (e.g., low enrollment, unforeseen travel restrictions, or safety concerns). If we cancel a Tour for reasons other than your own cancellation or default, we will offer you a choice of (a) transferring your Deposit to another available Tour or (b) receiving a full refund of the Deposit.
   • Additional Fees: Tours may have other payment deadlines and fees (e.g., balance due for trip costs). These will be communicated to you separately. Failure to pay any required balance by the due date may result in forfeiture of your Deposit and reservation.
4. Assumption of Risk & Liability Disclaimer
   • Travel involves certain inherent risks, including but not limited to illness, injury, or loss of property. By participating in our Tours, you acknowledge and assume all such risks. We are not liable for any personal injury, property damage, or losses arising from your participation, except where prohibited by law.

4. Warranty on Gift Cards

1. Warranty Period
   • We guarantee all Cards purchased from us for 30 days from the date of delivery (“Warranty Period”).
2. What’s Covered
   • Invalid or Inactive Cards: A Card that cannot be redeemed at all because it is invalid or inactive.
   • Balance Mismatch: A Card whose actual balance is less than what was represented at the time of purchase.
3. Exclusions
   • Lost/Stolen Cards: If the Card is lost, stolen, or misused after delivery.
   • Expired Cards: If the Card expires or becomes unusable because the issuing company goes out of business or files for bankruptcy.
   • Personal Preference: If you decide you no longer want the Card.
   • Partially Used Cards: If the Card has already been redeemed in whole or in part by you or someone else you provided the details to.
   • Delivery Timing: If the Card was not delivered as quickly as you expected.
4. Claims & Remedies
   • If you believe your Card’s issue is covered under this warranty, contact us within the Warranty Period. We may require supporting evidence (e.g., screenshots, transaction details). If we determine the issue is covered, we will either replace the Card or refund you at our discretion.
5. Negative Balances
   • If we issue a replacement or refund and later discover the Card was actually redeemed by you (or someone you gave it to), we reserve the right to charge you for any resulting negative balance.

5. Use & Redemption of Cards

• Issuer Terms: Cards are subject to the terms of their respective issuers. You agree to redeem the Cards in compliance with the issuer’s policies and all applicable laws.
• Our Responsibility: We are not responsible for the quality, availability, or legitimacy of goods or services purchased using the Cards, nor for any problems arising during redemption (e.g., store closure, refusal to honor the Card).

6. General Use of the Service

1. Permitted Use
   • You agree to use the Service lawfully and in accordance with these Terms. You are responsible for all activities you conduct under your name or via your Device.
2. Prohibited Use
   • You agree not to:
     • Violate any applicable laws or regulations.
     • Use the Service for fraudulent or unlawful activities.
     • Introduce viruses, malware, or other harmful software.
     • Attempt to gain unauthorized access to our systems or data.
3. Third-Party Links
   • Our Service may contain links to third-party sites we do not own or control. We are not responsible for the content, privacy policies, or practices of these third-party sites. We encourage you to review their terms and privacy policies before using them.

7. Intellectual Property

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”) on our Service are owned or licensed by or to the Company, protected by various intellectual property laws. You may not copy, reproduce, republish, upload, post, publicly display, or distribute any Content without our prior written permission.

8. Limitation of Liability

1. Maximum Extent Permitted by Law
   • Under no circumstances shall the Company or its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages (including lost profits, loss of data, or loss of goodwill) arising out of or related to your use of the Service, purchase/use of Cards, or participation in Tours.
2. Cap on Liability
   • Where liability cannot be fully disclaimed, the total liability of the Company shall not exceed the amount you paid to the Company for the specific product or service at issue (i.e., the Card purchase or Tour deposit), or USD $100 if no purchase was made.

9. "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. We make no warranties of any kind, express or implied, about the Service’s accuracy, reliability, availability, or suitability for any purpose. We disclaim all warranties to the fullest extent permissible by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, liabilities, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your breach of these Terms;
• Your misuse or unauthorized use of the Service, Cards, or Tour reservations;
• Any violation of laws, rules, or regulations.

11. Governing Law & Dispute Resolution

1. Governing Law
   • These Terms and any dispute arising out of or related to them or the Service shall be governed by the laws of California, without regard to conflict of laws principles.
2. Disputes
   • Informal Resolution: You agree to try to resolve any dispute informally by contacting us at contact@allthehacks.com.
   • Mediation & Arbitration: If we cannot resolve the dispute informally, the dispute shall be submitted to mediation. If mediation fails, the dispute shall be resolved by binding arbitration [e.g., under the American Arbitration Association’s Commercial Arbitration Rules]. The arbitrator’s decision will be final and binding.
   • Venue: If court action is necessary (beyond or prior to arbitration), exclusive jurisdiction shall be in the state or federal courts of San Mateo County, United States. You consent to the jurisdiction of those courts.

12. Termination

We may, at our sole discretion, suspend or terminate your access to the Service or your ability to make purchases at any time, with or without notice, for any reason (e.g., violation of these Terms, fraud, or illegal activity). Provisions that logically should survive termination (e.g., limitations of liability, dispute resolution) will remain in effect.

13. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice (e.g., via email, posting on our website). Your continued use of the Service or participation in purchases (Cards or Tour Deposits) after such revisions become effective constitutes your acceptance of the revised Terms.

14. Severability and Waiver

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. A failure or delay by the Company to exercise or enforce any right or provision under these Terms does not constitute a waiver of that right or provision.

15. Entire Agreement

These Terms, together with any other legal notices or policies we publish on the Service or otherwise share with you, constitute the entire agreement between you and the Company concerning your use of the Service, the purchase/use of Cards, and Tour deposits, superseding any prior or contemporaneous agreements, communications, or proposals.

16. Contact Us

If you have any questions or concerns about these Terms & Conditions, or if you wish to dispute or discuss any matter related to your use of our Service or purchases, please contact us at:

• Email: contact@allthehacks.com
• Address: 2261 Market Street STE 10888, San Francisco, CA 94114

By using our Service, purchasing Cards, or placing a deposit for one of our Tours, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.