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Terms of Use

Company Info

Site Use & Purchase Overview

Thank you for exploring the eddiebauer.com website. These Terms of Use govern your use and access to this site and purchase of products. We may change, update, delete or add to these terms over time. By accessing and using this site, you agree to these Terms of Use, all policies within this site (including our return policy), and all changes or modifications to the foregoing. If you do not agree to these Terms of Use, such policies, or any modifications thereto, please do not use this site.

Privacy Policy Statement

We respect the privacy of our customers and encourage you to read our Privacy Policy Statement so that you may make an informed decision about using our site.

Copyright

All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, technical documentation, manuals, product information, graphics, images, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright© 2004-5 Eddie Bauer, Inc. and/or its licensors. You are granted a limited, non-sublicensable right to access this site and print the Materials for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to:

  • publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
  • market, sell or make commercial use of this site or any Materials;
  • systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
  • make derivative uses of this site or the Materials; or
  • use, frame or utilize framing techniques to enclose any portion of this site (including the images found at this site or any text or the layout/design of any page or form contained on a page).

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Eddie Bauer or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Terms of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

Trademarks

Eddie Bauer©, eddiebauer.com, the Eddie Bauer logo, and any proprietary product or service names contained in this site are either trademarks or registered trademarks of eddiebauer.com or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Eddie Bauer. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Eddie Bauer, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Eddie Bauer. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

Patents

One or more patents may apply to this Web site, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.

Customer Communications

We welcome your comments and feedback. All communications and comments submitted to eddiebauer.com are non-confidential. Eddie Bauer reserves the right to use any ideas, concepts, comments, techniques, visuals, suggestions or communications. All comments, feedback, suggestions and submissions shall be and remain Eddie Bauer property.

Product Availability

Many of the products displayed at eddiebauer.com are also available through our catalogs and retail stores. Extended sizes that are available online may not be available in retail stores. The prices listed in the site are quoted in U.S. dollars.

Accuracy

Though we strive for accuracy, occasionally, the information at eddiebauer.com may contain typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing and availability. We apologize for such oversights. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted an order). In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order. We hope this will not cause you undue inconvenience.

Due to special promotions and sales, items in your shopping cart may have a different price from the price displayed on the product page when it was first placed in your cart.

Please note that because the colors you see will depend on your monitor, we cannot guarantee that your monitor will display the exact color of an item displayed.

Links to Other Sites

Periodically, links may be established from this site to one or more external sites or resources operated by third parties ("Third Party Sites"). These links are provided for your convenience only and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. In addition, some Third Party Sites also may provide links to the Eddie Bauer site. None of such links should be deemed to imply that Eddie Bauer endorses the Third Party Sites or any content therein. Eddie Bauer does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. When leaving this site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

SITE DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

LIMITATION OF LIABILITY

IN NO EVENT SHALL EDDIE BAUER OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM EDDIE BAUER, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EDDIE BAUER (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO EDDIE BAUER FOR ACCESS TO OR USE OF THIS SITE.

Changes and Modifications

We reserve the right to change or modify any of the Terms of Use contained in these Terms of Use or any policy of the site, at any time and in our sole discretion. If we decide to change our Terms of Use or a policy, we will post a new version on our site and update the date. Any changes or modification will be effective upon posting of the revisions. Your continued use of this site following the posting of the changes or modifications will constitute your acceptance of such changes or modifications. You should frequently review these Terms of Use (including its date) and applicable policies from time-to-time to understand the Terms of Use that apply to your use of the site.

Choice of Law

Eddie Bauer controls this site from its offices within the State of Washington. Eddie Bauer does not imply that the materials published on this site are appropriate for use outside of the United States. If you access this site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. These Terms of Use shall be governed by the laws of the State of Washington, without giving effect to its conflict of laws provisions.

Choice of Law

Our first objective is to satisfy our customers, and so we hope to never have a dispute with you. But if we can't avoid a dispute, you and we agree to try for 60 days to resolve it by agreement. You and we further agree that if we can't resolve our dispute by agreement within 60 days, we will submit adjudication of our dispute to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"). You and we agree that a neutral arbitrator will adjudicate our dispute and the arbitrator's decision will be final except for a limited right of appeal under the FAA.

You and we agree to give up our rights to sue in court and have our dispute decided by a judge or jury.

However, we agree that if your claim is small enough that the law allows you to file it in a small claims court, you may do so instead of submitting to binding arbitration. We will submit to binding arbitration in any event.

You also agree to waive—that is, to give up—your right to claim through a class action lawsuit, class-wide arbitration, private attorney-general action, or any other proceeding where someone acts in a representative capacity or individual claims are combined.

The arbitration procedure is as follows:

  1. Notice of Dispute/Arbitration. If our customer service representatives have been unable to resolve your dispute, you must notify us of the dispute in writing. You must send your notice by first class United States mail to Eddie Bauer LLC, ATTN: General Counsel "INFORMAL DISPUTE RESOLUTION", 10401 NE 8th Street, Suite 500, Bellevue, WA 98004. We must know your name, contact information, a description of the dispute, and what you want us to do. If we are unable to resolve the dispute after the 60 day period from the date we receive your written dispute notice, you may initiate an arbitration demand with a notice in writing to the same address above.
  2. The Arbitration Hearing. If the dispute involves $10,000 or less, the arbitration hearing will be conducted by telephone unless the arbitrator decides it should be in-person. However, you may choose to have in in-person arbitration hearing in your county of residence or principal place of business, or our principal place of business—King County, Washington. The arbitrator may award damages.
  3. Filing and Attorneys' Fees. We will promptly reimburse filing fees that you incur to initiate any arbitration proceeding (this does not include the AAA fees or arbitrator's fees). If you initiate the arbitration, we may recover the AAA fees or arbitrator's fees, or filing fees we reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. If we initiate the arbitration, we will bear the AAA's and arbitrator's fees under any circumstance. We will not seek our attorneys' fees or expenses from you in any arbitration.

If a court finds any part of this Binding Arbitration Agreement and Class Action Waiver illegal or unenforceable, the part that the court has found to be illegal or unenforceable will be severed, and the rest of this Binding Arbitration Agreement and Class Action Waiver will remain in full force and effect. If a court finds that you have the right to bring an action in court and have our dispute decided by a judge or jury, you agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in state or federal court located in Seattle, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

You accept this Binding Arbitration Agreement and Class Action Waiver by your purchase and or use of the products, or services that we sell you (including by becoming an Eddie Bauer Friends member). You agree to abide by these terms without modification. We reserve the right to change terms from time to time.

To the extent this Agreement conflicts with the AAA's Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes this Agreement will control.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Eddiebauer.com does not offer products for sale to children under 18. We sell products for purchase by adults only. By using this site, you are representing to us that you are 18 years old or older. Eddiebauer.com will not be liable for any damages that may result from misrepresentation of age by a user of our site. Eddie Bauer reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

General Provisions

We reserve the right, without notice and in our sole discretion, to terminate your ability to use this site, and to block or prevent future access to and use of the site. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, including any applicable policy contained in this site, constitute the entire agreement between you and Eddie Bauer © relating to the subject matter addressed herein.

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By Email
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By Mail
Eddie Bauer Customer Service
P.O. Box 7001
Groveport, OH 43125
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