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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:
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.
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.