Acceptance of
Terms:
These are the Terms and
Conditions of your Heirloom Gift
Card (Gift Card). Please read
them carefully and keep them for
your records. By accepting and
using your Gift Card, you are
agreeing to these Terms and
Conditions. The Gift Card is not
a credit card; it is a prepaid
debit gift card. You can obtain
additional information about the
Gift Card at www.mculinary.com.
Your Gift Card: The Gift
Card is offered to individuals
over the age of 18 that lawfully
enter into and form contracts
under applicable law, and by
using the Gift Card you
represent and warrant to us that
you are such an individual. We,
in our sole discretion, may
refuse to issue a Gift Card for
any reason. The amount of funds
shown on the records of the
Restaurant shall be deemed the
balance on the Gift Card, unless
you can prove otherwise to our
satisfaction in our sole
discretion.
Card Access: The Gift
Card is a prepaid card that can
be used at Heirloom, an American
Restaurant only.
Service Charges: We do
not charge monthly maintenance
fees, administration fees,
activation fees or domestic
transaction fees.
Shipping and
Handling:
At the time of purchase, you
acknowledge and agree that First
Class shipping by USPS is not
guaranteed.
Important things
you need to know about your Gift
Card:
Your signature is required for
all.
Disclosure of
Information to Third Parties:
We will disclose information to
third parties about your Gift
Card or a transaction that you
make: where it is necessary for
completing the transaction; in
order to verify the existence
and condition of your Gift Card;
in order to comply with
government agency or court
orders; in connection with
examinations by banking
authorities; for analytical
purposes; if you give us written
permission; and as otherwise
permitted by law.
Disclaimer of Liability:
In providing the Gift Card
service to you, we disclaim any
duty or responsibility other
than those expressly set forth
in these Terms and Conditions.
The issuer is not liable
expressly for the following:
If through no fault of ours, you
do not have enough money on the
Gift Card to cover the
transaction; or
If the transaction would exceed
your Gift Card's available
funds; or
If the terminal or system was
not working properly; or
If circumstances beyond our
control (such as flood or fire
or other natural disaster)
prevent the transaction, despite
reasonable precautions that we
may have taken; or
If there are other exceptions
stated in these Terms and
Conditions or provided by law.
Amendment: We may amend
these Terms and Conditions by
mailing or emailing notice to
you at your last address on our
records at least 21 days prior
to the effective date of any
amendment.
Severability/No
Waiver:
If any provision of these Terms
and Conditions shall be deemed
unlawful, void, or for any
reason unenforceable, then that
provision shall be deemed
severable from these Terms and
Conditions and shall not affect
the validity and enforceability
of any remaining provisions. Our
failure to enforce the strict
performance of any provision of
these Terms and Conditions will
not constitute a waiver of our
right to subsequently enforce
such provision or any other
provisions of these Terms and
Conditions.
Governing Law: These
Terms and Conditions, the Gift
Card and all transactions
hereunder are subject to the
laws of the State of Arizona and
the laws of the United States.
Arbitration: Any
controversy or claim arising out
of or relating to these Terms
and Conditions or the provision
of services shall be settled by
binding arbitration in
accordance with the commercial
arbitration rules of the
American Arbitration
Association. Any such
controversy or claim shall be
arbitrated on an individual
basis and shall not be
consolidated in any arbitration
with any claim or controversy of
any other party. The arbitration
shall be conducted in the State
of Arizona, and judgment on the
arbitration award may be entered
in any court having jurisdiction
thereof. Either you, or we, may
seek any interim or preliminary
relief from the court of
competent jurisdiction in the
State of Arizona necessary to
protect the rights or property
of you or us (or our agents
suppliers, and subcontractors)
pending the completion of the
arbitration.
Waiver of Jury Trial:
Each of the parties hereto
expressly waives any right it
may have to a trial by jury in
any legal or court action
commenced by any of the parties
hereto to enforce, collect,
defend, enjoin, or that
otherwise relates to this
agreement or any of the
transactions herein described.
Likewise, each party hereto
waives any right to have a jury
trial in any such legal or court
action for any defense, claim of
set-off, claim of recoupment,
counterclaim or third party
action asserted or raised in any
such legal or court action. Any
legal or court action relating
to this agreement or the
transactions herein described
shall be tried exclusively to a
court without a jury. Both
parties of this agreement each
specifically acknowledges that
its execution of this waiver of
jury trial is a material
inducement for its entering into
this agreement.
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