The following ("Agreement") describes the terms and conditions that apply to use of Eddie Bauer Gift Cards ("Gift Cards"). This Agreement is between you, the Cardholder, and the issuer. By purchasing, accepting or using your Gift Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept the Gift Card.
IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of in court.
About Your Eddie Bauer Gift Card. Gift Cards are issued by Eddie Bauer Gift Card Services LLC
Balance Inquiry. For balance inquiry, call 1.866.398.9763 or visit http://buyatab.com/custom/eddiebauer/ for US or http://buyatab.com/custom/eddiebauer/cad for Canada. The balance you receive when inquiring over the telephone or online may not include pending transactions. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
Expiration/Termination. Gift Cards do not expire. No fees for inactivity or service fees apply. Issuer may terminate any Gift Card where a credit card/check used for payment is declined.
Redemption. Your Gift Card is redeemable only for purchases of merchandise at participating Eddie Bauer locations in the United States and Canada. It has no cash value and may not be redeemed for cash (except as required by law) or used to purchase another Gift Card. Your Gift Card also cannot be applied as payment to any credit card account, or for prior or pending purchases.
No Refunds. No refunds are permitted with respect to Gift Cards without the original receipt.
Lost, Damaged or Stolen Gift Card. The unused balance of lost, damaged or stolen cards will not be replaced unless you present the original purchase receipt and any other proof as required by Issuer or by law.
MANDATORY BINDING INDIVIDUAL ARBITRATION.
PLEASE READ THIS SECTION CAREFULLY
It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an "award." Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.
ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER
You and Issuer agree: (i) that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of the Gift Card, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration, except that you or Issuer may take claims to small claims court if they qualify for hearing by such a court; (ii) that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceeding as a private attorney general are not permitted; (iii) to waive the right to trial by jury. This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Issuers and their affiliates, including Eddie Bauer LLC. The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.
Arbitration shall be conducted by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"). The AAA Rules and instructions for how to initiate an arbitration are available from the AAA at http://www.adr.org or 1-800-778-7879. To begin an arbitration proceeding, you must serve Issuer's registered agent for service of process - C T Corporation System, 505 Union Avenue SE, Suite 120, Olympia, WA 98501 in the United States, and Stikeman Elliott LLP, 5300 Commerce Court West, 199 Bay Street, Toronto, Canada M5L 1B9 in Canada. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, except that for claims of less than $100, you will be obligated to pay $25 and Issuer will pay all other administrative costs and fees. If the arbitrator rules in your favor, Issuer will pay any filing fees you paid. Reasonable attorneys' fees and expenses will be awarded only to the extent such allocation or award is available under applicable law. Any arbitration will take place in the county where Claimant resides and will be determined by a single arbitrator. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). If any party requests, the parties shall participate in arbitration through telephone hearing to the extent permitted. Judgment on the award may be entered in any court of competent jurisdiction.
Limitation of Liability. EACH ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CARD IS NON-FUNCTIONAL, THE SOLE REMEDY, AND ISSUER'S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY.
Choice of Law. The laws of the State of Ohio for U.S.-issued Gift Cards, and the laws of the Province of Ontario for Canadian-issued Gift Cards, without regard to principles of conflict of laws, apply to this Agreement and use of Gift Cards.
Changes to Agreement. Issuers reserve the right to change this Agreement from time to time in their discretion, which changes may be provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at eddiebauer.com/giftcardterms.
Fraud. Issuers and their affiliates reserve the right to refuse to honor a Gift Card obtained fraudulently.