Heirloom - Iceberg Salad, Custard-Filled Doughnuts

 


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480.515.2575

 


Heirloom Gift Card Terms and Conditions

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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© 2009-2010 M Restaurants • Heirloom • 20775 N. Pima Road • DC Ranch • Scottsdale, Arizona • 85255 • 480.515.2575