Brooks eGift Card Terms & Conditions
Effective October 1, 2016
This Brooks eGift Card Agreement ("Agreement") is between you and Brooks Sports, Inc. (“Brooks,” "we" or "us") and describes the terms and conditions that apply to your Brooks eGift Card (or “eGift Card”). By buying or using a Brooks eGift Card, you agree to these terms.
This Agreement includes an arbitration provision that governs any disputes between you and us. Unless you opt out, as described below, this provision will:
- Eliminate your right to a trial by jury; and
- Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
You agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to your eGift Card by electronic means, including posting such materials online at brooksrunning.com.
About Your eGift Card
Your single load eGift Card may only be used to purchase merchandise on brooksrunning.com and may not be used to purchase other eGift Cards. To use your eGift Card, add product to your cart, checkout, and enter your code information on the Billing Information page in the gift code section. eGift Cards are not redeemable on any other web site or at any brick and mortar retail location, including the Trailhead or Brooks Outlet. eGift Cards cannot be applied to previous orders. If you return merchandise purchased with an eGift Card, we will load the value onto a new eGift Card. To the fullest extent permitted by applicable law or permitted by this Agreement, the dollar value on your Brooks eGift Card is nonrefundable and may not be redeemed for cash. The value on your Brooks eGift Card is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.
You may not have more than $200 in value on any Brooks eGift Card at any time, and no more than $2,000 (one or more transactions) may be associated with any one Brooks eGift Card in a single day. The total value of all of your Brooks eGift Cards may not exceed $800 on any given day. The minimum amount that you may load on any Brooks eGift Card at any given time is typically $25. We may change any of these amounts at any time without notice to you. We do not accept bulk orders of any kind at this time.
Prior to charging your credit or debit card, an authorization process will occur for the amount of your purchase ("Transaction"). According to your bank’s policies, your bank may take actions such as decreasing your available credit line or holding the dollar amount from available balance before your Transaction is fulfilled. Your card will only be charged when we fulfill your Transaction. If your Transaction is cancelled, Brooks will request an authorization reversal on your behalf. Reversal times may vary. Contact your bank or credit card company to learn about their authorization and authorization reversal policies.
Giving eCard as a Gift
You may purchase and send a virtual Brooks eGift Card to others via email. You may complete your purchase using a credit card, debit card, or PayPal account. You will need an email address for the recipient. You authorize us to charge your credit or debit card at the time you purchase the eGift Card. We will send the recipient an email notifying them that they have received a Brooks eGift Card from you. The recipient can use the eGift Card at brooksrunning.com. An eGift Card should be treated like cash by the recipient. Each eGift Card has a unique Brooks number associated with it no matter how many times the email is printed out.
Fees and Expiration of Card Balances
We do not charge any activation, service, dormancy or inactivity fees in connection with your Brooks eGift Card. Your Brooks eGift Card has no expiration date nor does the value on your Brooks eGift Card ever expire.
Receipts and Transaction History
When you redeem your Brooks eGift Card at brooksrunning.com, we will provide you with an email receipt. The receipt will indicate that the purchase was made using a Brooks eGift Card. You can also find complete order details by finding you order on our [Order Lookup] page. You can check the balance of your Brooks eGift Card online at [brooksrunning.com/giftcards] or by calling 1-800-227-6657.
Billing Errors, Corrections
We will correct the balance of your Brooks eGift Card if we believe that a clerical or accounting error occurred. If you have questions regarding your transaction history, please call our Customer Service Team at 1-800-227-6657. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the transaction in question.
Fraud Associated with Your Brooks eCard or Card Balance
We reserve the right to not accept any Brooks eGift Card if we believe the use is unauthorized, fraudulent or otherwise unlawful. Brooks has no liability to you for any third party fraud or unlawful activity associated with any Brooks eGift Card balance beyond our reasonable control. If Brooks discovers any Brooks eGift Card was sourced or derived from fraud or other unlawful means, in our sole discretion, we may cancel all impacted Brooks eGift Cards without notice to you and take any other action we deem necessary.
Liability for Unauthorized Transactions
Treat a Brooks eGift Card like cash and do not disclose your Brooks eGift Card information to anyone. You agree to maintain the security of your Brooks eGift Card, including unauthorized transactions. If you lose your Brooks eGift Card, call the Customer Service Team at 1-800-227-6657.
Changes to This Agreement
We may amend this Agreement at any time, and we will post the amended Agreement to our website at [brooksrunning.com/giftcards]. If we make changes, we will provide notice of such changes, such as by sending you an email or updating the effective date at the top of this Agreement. Your continued use of any future or existing Brooks eGift Cards will confirm your acceptance of the revised Agreement.
Cancellation of This Agreement
We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Brooks eGift Card, including your failure to provide valid information. For example, transferring balances between different Brooks eGift Cards solely for the purpose of obtaining cash back is an unauthorized use of the Brooks eGift Card and if we deem it appropriate to limit our losses, we will cancel any such Brooks eGift Card and take other action as we may deem necessary. If we terminate this Agreement without cause, we will refund or issue a credit equal to the balance on your cancelled Brooks eGift Card(s), less any amounts that you may owe us.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this Agreement.
Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this Brooks eGift Card Agreement, your Brooks eGift Card and your relationship with us. Any dispute or claim arising out of or relating to this Agreement or use of the Brooks eGift Card and your relationship with Brooks or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
Opt-Out. Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision within 30 days of purchasing any of your Brooks eGift Cards (the "Opt Out Deadline"). You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: Brooks eGift Card Team, Brooks Sports, Inc., 3400 Stone Way North, Floor 5, Seattle, WA 98103. Any opt-out received after the Opt Out Deadline (allowing three (3) additional days for mailing) will not be valid and you must pursue your claim in arbitration or small claims court..
Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Runner Experience department to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the rules of the [American Arbitration Association ("AAA")], including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.
Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
Governing Law – Washington
This Agreement, and all disputes or claims arising out of or relating to this Agreement, your Brooks eGift Card and your relationship with us shall be governed by and construed in accordance with the laws of the State of Washington notwithstanding any conflict of law rules.
Disclaimers and Limits of Liability
To the fullest extent permitted by applicable law, we make no representations, warranties or conditions of any kind, express or implied, with respect to the Brooks eGift Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Brooks does not represent or warrant that your Brooks eGift Cards will always be accessible or accepted. In the event that Brooks is found liable to you, you shall be entitled to recover actual and direct damages up to the amount of the last balance held on your Brooks eGift Card. To the fullest extent permitted by applicable law, Brooks and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Brooks or its affiliates have any liability for events or circumstances beyond our reasonable control, such as unauthorized transactions, alteration or theft of a Brooks eGift Card (including the balance on the card) in your possession. The limitations set forth in this section will not limit or exclude liability for our gross negligence, or willful misconduct.
We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent and any attempted assignment will be void.
Our eGift Card program is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use Brooks eGift Cards under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
Entire Agreement, Construction
Inquiries or Questions
If you have any questions regarding this Agreement or your Brooks eGift Card, please visit our website at brooksrunning.com or call us at 1-800-227-6657.