PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. REFERENCES TO "ARRAY ENTERPRISES," "ARRAY ENTERPRISES, INC.," "ARRAY," AND "US" WITHIN THESE TERMS AND CONDITIONS INCLUDE OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, PREDECESSORS IN INTEREST, SUCCESSORS, AND ASSIGNS, AS WELL AS ALL AUTHORIZED OR UNAUTHORIZED USERS OR BENEFICIARIES OF SERVICES UNDER THIS OR PRIOR AGREEMENTS BETWEEN US.
Array is in the business of selling gift checks and gift cards (collectively "Gift Checks"). Any shipment of Gift Checks to an international destination is at the sole discretion of Array and may be subject to additional fees.
An Array Gift Check is designed to be used for the merchandise designated on the Gift Check such as, for example, Butterball branded food products. Gift checks may be used at most business locations that handle the particular brand identified on the gift check, and will be subject to the terms and conditions imposed by that merchant. Gift cards may be redeemed at Array for a store branded gift card that may then be used by you at the participating merchant locations. Participating merchant locations and URLs are all subject to change.
Array does not assume any responsibility or liability for the actions, products, locations, or contents of any third party merchant.
You agree that, in the event of any loss of or damage to a purchased or activated Array Gift Check or any other Array Enterprises, Inc. product, regardless of fault, our sole obligation to you and your sole remedy are those obligations and remedies set forth in these terms and conditions.
You agree that your purchase or activation of an Array Gift Check by you and any claims or rights resulting from the issuance of the Array Gift Check are to be governed by the laws of the State of Illinois, without regard to the conflicts of laws principles thereof, with respect to all matters including, without limitation, the laws relating to contract disputes. You further agree to submit to the exclusive personal jurisdiction and venue of the Circuit Court of Du Page County, Illinois with respect to any disputes regarding the scope or enforceability of the arbitration agreement between you and Array, which is described in the following section.
(1) You agree to arbitrate all disputes and claims with Array. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
claims that may arise after the termination of this Agreement.
References to "Array," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior Agreements between us. You agree that, by entering into this Agreement, you and Array are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Array Enterprises should be addressed to: 245 West Roosevelt Road, Building 9 - Unit 60, West Chicago, IL, 60185 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Array and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Array may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Array Enterprises or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Array is entitled.
(3) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless Array and you agree otherwise, any arbitration hearings will take place in Chicago, Illinois. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, Array will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Array for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $10,000 in damages, the payment of these fees will be governed by the AAA rules.
(4) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND ARRAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Array agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(5) Notwithstanding any provision in this Agreement to the contrary, we agree that if Array makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
(6) Any claim brought by you against Array with respect to anything related to i) your use of this website, ii) your purchase or activation of an Array product, or iii) any other business transacted with Array, must be brought, if at all, within one (1) year from the date the cause of action accrued.
After a considerable period of time has passed, Array Gift Checks may not be honored by financial institutions. For that reason, after a period of time, the value paid for any Gift Checks that have not been negotiated will be refunded to the customer, less the then prevailing handling fees and processing fees. Any value over the prevailing charges will be returned to the customer.
The company reserves the right to accept or reject any order that it receives in its sole discretion.
Orders generally leave our warehouse within 48 hours of receiving payment. If you pay via credit card and require your shipment be sent same day, please call 888.876.GIFT (4438)
For your protection, orders placed via credit card may be validated via phone or email prior to shipment. If this occurs, the billing contact will be contacted within 24 hours of placing the order.
If Gift Checks are shipped directly to you, the customer. You must promptly notify [email protected] of (a) any discrepancy in the order; or (b) Customer's non-receipt of shipment. Upon receipt of such notification, [email protected] will investigate, and may, if appropriate (i) correct such discrepancies; or (ii) cancel and replace any non-received shipment.
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