TERMS AND CONDITIONS

The following are the Terms and Conditions of the electronic gift cards (a “Gift Card”) distributed by Performance Apparel LLC. Please read these Terms and Conditions carefully and keep it for your records as binding contractual terms between you and Performance Apparel LLC. By purchasing, accepting or using a Gift Card, you agree to be bound by these Terms and Conditions as well as the other binding Terms of Service and Privacy Policy referenced on www.hotchillys.com (collectively, the “Agreement”).

CARD ISSUER

Each Gift Card distributed is issued by Performance Apparel LLC. To contact Performance Apparel LLC directly, please email sales@hotchillys.com.

As the card issuer, Performance Apparel LLC is the sole obligor with respect to the Gift Cards.

Gift Cards are redeemable by card owners for goods (but not for cash unless required by law) at www.hotchillys.com. Remember that the initial available balance on your Gift Card will be an amount set at the time of activation and/or purchase. Thereafter, the available balance will be reduced by each use of the card or as otherwise provided in these terms and conditions, subject to any applicable state law. If you use your Gift Card, the remaining balance will not be paid in cash to you, except where required by law. You will be able to use the remaining balance on the Gift Card to purchase additional goods. Any purchase amount greater than the available balance of your Gift Card must be paid with an alternative method of payment (for example, through use of a credit card). Gift Cards do not permit any type of cash transactions, have no value until purchased and activated, and are not transferable, returnable or refundable for cash, except in states where such refunds are required by law. Gift Cards have no expiration date or dormancy fees. Resale of Performance Apparel LLC Gift Cards is strictly prohibited without Performance Apparel LLC’s written consent. Performance Apparel LLC expressly reserves the right to refuse to honor any Gift Card or offer a Gift Card for sale where it is reasonable to suspect fraud in connection therewith. Performance Apparel LLC retains the right to refuse to honor a Gift Card to the extent that its current business has terminated. Performance Apparel LLC is not responsible for any use of a Gift Card in contravention of these Terms and Conditions.

MAXIMUM CARD VALUE

The maximum value that may be associated with any one individual may not exceed two hundred dollars ($200.00) per day for online gift card orders. Gift Cards purchased will have a maximum value of $200.00 and are available for purchase in $25 increments. If any further assistance is needed for a gift card, contact our Customer Service team at sales@hotchillys.com.

PURCHASES FINAL

All Gift Card sales are final and no refunds for purchases of Gift Cards will be issued. Please review your order carefully before submitting. Ownership and risk of loss of Gift Cards passes to the purchaser as soon as we send confirmation of order. Performance Apparel LLC is not responsible for Gift Cards that are not deliverable due to a failure to enter accurate recipient email addresses or recipient deletion or loss of electronic cards.

VIEW YOUR BALANCE

It is important that you track the amount remaining on your Gift Card. You can check your balance online by following the gift card link in your confirmation email. To view your Gift Card balance online follow the instructions on the screen. You will need your Gift Card number, and in some cases, the pin or access number to check the balance on your Gift Card. When checking Gift Card balances, recognize that current balances are an estimate only. In most cases, the balance is adjusted when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time.

LOST OR STOLEN GIFT CARDS

Gift Cards have value and should be safeguarded accordingly. Performance Apparel LLC is not responsible for (1) lost, stolen, or altered Gift Cards (and you bear the sole risk in such circumstances); (2) use of any Gift Cards by third parties; or (3) Gift Cards that are not deliverable due to a failure to enter accurate addresses for the recipient.

In certain circumstances, if your Gift Card is lost or stolen, Performance Apparel LLC, in its sole discretion, may replace the remaining gift card balance via a new Gift Card, determined at the time of our acknowledgement of your notification. Visit our website or  sales@hotchillys.com to report the loss of a Gift Card.

Subject to acceptable proof of ownership, Performance Apparel LLC will make reasonable efforts to disable a lost or stolen Gift Card from further use. If you are unable to provide us with the Gift Card number or other relevant information, then we will be unable to lock the Gift Card or replace the Gift Card.

You may request a replacement Gift Card for a lost, or stolen Gift Card. A replacement Gift Card will not be issued unless you present adequate proof of purchase, the Gift Card number, and your verifiable identification. Requests to replace a Gift Card may be denied in the event we suspect fraudulent or unlawful activity or improper use.

If the replacement is approved, a new Gift Card will be issued and activated in the amount remaining on the cancelled Gift Card, if any, at the time of our acknowledgement of your notification. Replacements may take up to 15 days to process.

UNCLAIMED PROPERTY

If you have not used your Gift Card within a time period set by state law, the unused Gift Card balance may become subject to escheat under various state unclaimed property statutes. If the remaining Gift Card balance becomes unclaimed property subject to a state unclaimed property law, Performance Apparel LLC may be required to escheat the Gift Card balance to a state in an amount and at the time required by state law. At that time, you may lose the ability to use your Gift Card. If this occurs with respect to your Gift Card, you may inquire about the status of your Gift Card by contacting Performance Apparel LLC.

ACCURATE INFORMATION

Please check to make sure the email address of the recipient is correct and contact Customer Service if you suspect the recipient did not receive their Gift Card. Should a Gift Card be returned to us due to inaccurate delivery information for the recipient, we will attempt to contact you for a valid email address.

DELIVERY INFORMATION

When ordering online, you will need to log on from an IP address in the United States and use a credit card issued in the United States.

REQUIREMENTS FOR GIFT CARD PURCHASERS

Your billing address must match the address to which your credit card statement is mailed. Limits may be placed on the number of cards ordered in a 24‐hour period. Orders of Gift Cards are subject to a process that compares purchaser information with information about the purchaser provided by the purchaser’s financial institution. A purchase may be declined for one of the following reasons: (1) Your billing address does not match the address listed as the billing address for your credit card; or (2) You have exceeded a dollar purchase limit or defined number of cards within a seven (7) day period, or (3) other credit card related reasons for transaction declines such as an invalid or cancelled credit card.

REASONS FOR FAILED DELIVERY OF ELECTRONIC GIFT CARDS

If you have confirmed the recipient’s address but the Gift Card has not been received within a reasonable period of time after the requested delivery date, the following is a list of the most common reasons why delivery may have failed: (1) Firewall or Spam filter blocked email or routed it to a bulk/spam folder; (2) Email inbox is over size limit or (3) Invalid email address.

PAYMENT METHODS

Performance Apparel LLC Gift Cards may be paid for with a valid VISA, Discover, MasterCard or American Express. Gift Cards cannot be purchased with Gift Cards.

LIMITATION OF LIABILITY; SOLE REMEDY

To the fullest extent permitted by applicable law, Performance Apparel LLC disclaims all warranties of any kind, express, implied, or statutory, with respect to the Performance Apparel LLC GIFT CARD program (including those related to merchantability, fitness for a particular purpose, and non-infringement and those arising out of any course of dealing, usage or trade). To the fullest extent permitted by applicable law, Performance Apparel LLC will not be liable for any indirect, special, incidental, punitive, or consequential damages or losses (including for the indirect loss of profit, revenue or data) arising out of or in connection with the Performance Apparel LLC GIFT CARD program, however caused, and under whatever cause of action or theory of liability brought (including under any contract, negligence, or other tort theory of liability) even if advised of the possibility of such damages or losses. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES 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, AND YOU ARE ENTITLED TO ANY APPLICABLE RIGHTS UNDER STATE LAW. IF A GIFT CARD NUMBER IS NON‐FUNCTIONAL OR YOU HAVE ANY OTHER CLAIM APPLICABLE YOUR GIFT CARD, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE A REPLACEMENT GIFT CARD LOADED WITH THE VALUE OF THE UNUSED PORTION OF YOUR GIFT CARD.

GIFT CARD GUEST EXPERIENCE

If you need assistance with any aspect of your Gift Card, please contact Customer Support by emailing sales@hotchillys.com or calling 800-468-2445. Please have your Gift Card number, email address and other order information ready to provide to us.

AMENDMENT

Performance Apparel LLC reserves the right to add, remove, or change any of these terms, policies, FAQs, guidelines or other terms pertaining to the Performance Apparel LLC Gift Cards at any time. If any term changes, then we will let you know by posting an update. Any modifications will be effective immediately upon posting the revision and you waive any right to receive special notice of such change. By continuing to use your Gift Card, you agree to any revised terms or policies posted by us.

DISPUTE RESOLUTION

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) ARISING FROM OR RELATING TO THIS AGREEMENT, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT FROM THIS AGREEMENT OR THE PURCHASE OR USE OF THE CARDS SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES THEN IN EFFECT. TO THE EXTENT APPLICABLE, THE ARBITRATION SHALL TAKE PLACE BEFORE ONE (1) NEUTRAL ARBITRATOR IN SOUTHERN PINES, NC.

THE ARBITRATION WILL BE LIMITED SOLELY TO THE DISPUTE OR CONTROVERSY BETWEEN YOU AND PERFORMANCE APPAREL LLC. NEITHER YOU NOR PERFORMANCE APPAREL LLC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE INDIVIDUAL (NON‐CLASS) NATURE OF THIS DISPUTE PROVISION GOES TO THE ESSENCE OF THE PARTIES’ ARBITRATION AGREEMENT.

ENTIRE AGREEMENT

Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement.