By purchasing, receiving and/or redeeming a www.artspace.com e-gift card (“e-gift card”), the purchaser and authorized users or beneficiaries of the e-gift card, including their respective agents, predecessors in interest, successors and assigns (collectively referred to herein as “you”) agree to be bound by the www.artspace.com E-Gift Card Terms and Conditions (the “Agreement”). The Agreement contains an arbitration provision (Section 6 Dispute Resolution by Binding Arbitration) and this provision may substantially limit your rights in the event of a dispute. You should carefully read the Agreement before purchase and/or use of the e-gift card. Artspace Marketplace, Inc., a Delaware corporation, is the issuer of the e-gift card. Artspace Marketplace, Inc. and its parent, subsidiaries, affiliates, agents, employees, officers, directors, predecessors in interest are collectively referred to herein as “AMI”. AMI reserves the right to change the Agreement from time to time in its sole discretion.
- Your e-gift card must be redeemed by making a purchase(s) on www.artspace.com.
- Your e-gift card may be applied toward the purchase of any product(s), unless otherwise stated on the promotion and it may not be used to purchase another e-gift card.
- The purchase amount will be deducted from your e-gift card balance, including shipping and taxes.
- No shipping or other fees will be charged for the purchase, administration or redemption of your e-gift card.
- If a purchase exceeds the balance on your e-gift card, the difference between the balance on your e-gift card and the purchase amount must be paid with a credit card or other available payment method offered on www.artspace.com.
- Any unused balance on your e-gift card after redemption will be placed in your MyAccount, which can be found under the Credits/E-gift cards section at www.artspace.com/myaccount.
- E-gift cards are available in any amount and will be emailed to the designated recipient within 24 hours of purchase or on the date the purchaser specifies.
- Upon request, AMI will provide the e-gift card purchaser/designated giftee with information about the redemption status of the e-gift card, including any available balance on the e-gift card.
- To view e-gift card balances, please visit www.artspace.com/e-giftcardbalance.
- AMI is not responsible if your e-gift card is redeemed by an unauthorized person.
- Your e-gift card is non-transferrable to another person or entity after it is purchased.
- Your e-gift card cannot be used to purchase another e-gift card.
- Your e-gift card is not refundable and cannot be redeemed for cash in New Jersey or in any other state, except where required by that state’s law.
- Your e-gift card cannot be reloaded, resold, transferred for value, or applied or transferred to another e-gift card in New Jersey or in any other state, except where required by that state’s law.
- Your e-gift card may be applied only toward online purchases at www.artspace.com.
- Your e-gift card and unused portions of your e-gift card do not expire. To redeem any remaining balance on your e-gift card, you or the designated recipient must provide the e-gift card number at the time of purchase.
- The remaining balance on your e-gift card can be found at www.artspace.com/e-giftcardbalance.
- If an item purchased with your e-gift card is returned, any refund will be made on an e-gift card.
- Your e-gift card purchase does not count toward minimum purchase requirement to earn a promotional discount.
- AMI is not responsible for e-gift cards that are undeliverable, delayed or not received as a result of inaccurate information provided by the purchasers, including an inaccurate email address
Risk of Loss
- Protect your e-gift card because is not replaceable if lost, stolen, or destroyed in New Jersey or any other state, unless required by that state’s law.
- Protect your e-gift card because AMI reserves the right to refuse to redeem your e-gift card if it suspects in its sole discretion fraudulent activity in connection with your e-gift card.
- Protect your e-gift card because AMI is not responsible if your e-gift card is lost, stolen, destroyed or used without your permission in New Jersey or any other state, unless required by that state’s law.
- The risk of loss and title for e-gift cards pass to the purchaser upon AMI’s completion of the e-gift card purchase transaction to the purchaser or the person designated by the purchaser.
AMI reserves the right to refuse to redeem your e-gift card and to close your MyAccount if a fraudulently obtained e-gift card is redeemed and/or used to make a purchase on www.artspace.com.
Limitation of Liability.
AMI MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE E-GIFT CARDS. IN THE EVENT AN E-GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH E-GIFT CARD.
DISPUTE RESOLUTION BY BINDING ARBITRATION
The purchaser and/or user of the e-gift card agree that if a dispute, claim or controversy of any kind arises out of, concerns or relates to the e-gift card, your MyAccount, or this Agreement, or its breach, you and AMI agree to resolve those disputes exclusively and finally through binding arbitration. You should review this provision carefully. This arbitration provision limits your and our ability to litigate claims in court and you and AMI each agree to waive our respective rights to a jury trial. Any arbitration under this provision shall take place on an individual basis; class arbitrations and class actions are not permitted. You will not have the right to participate as a class representative, private attorney general, or as a member of any class of claimants for any claim subject to arbitration. A claim by, or on behalf of, other persons will not be considered in, joined with, or consolidated with, the arbitration proceedings between you and AMI. Any dispute regarding the prohibitions in the prior sentence shall be resolved by the arbitrator in accordance with this Agreement.
Arbitration is usually an informal proceeding in which disputes are decided by one or more neutral arbitrators who receive the evidence at a hearing and then issue a binding ruling in the form of an award. You and AMI understand that in an arbitration, discovery is more limited than in a court and review by a court is very limited.
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 AMI should be addressed to Attn: E-Gift Card Department, 65 Bleecker Street, 8th Floor, New York, NY 10012 (“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 you and AMI do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AMI may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AMI or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AMI are entitled.
You and AMI agree, upon written demand made by you or AMI, to submit to binding arbitration all disputes, controversies, and claims, whether based on contract, tort, fraudulent misrepresentation, statute (including, but not limited to the Truth-in-Savings Act, Truth-in-Lending Act, Federal Trade Commission Act or the Fair Debt Collection Practices Act), regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of, concern, or relate to the e-gift card, your MyAccount, or this Agreement, or its breach, or any advertisements, promotions, or oral or written statements related to the e-gift card, or the relationships that result from the purchase and/or use of the e-gift card (including, to the fullest extent permitted by applicable law, relationships with third parties who are not parties to this Agreement or this arbitration provision), or the scope or enforceability of this Agreement, including the determination of the applicability of this agreement to arbitrate (collectively, a “Claim”). All parties retain the right to seek relief in a small claims court for disputes or claims within the jurisdictional limits of the small claims court. At the option of the first to commence an arbitration, you or AMI may choose to have the arbitration conducted by JAMS ADR (“JAMS”) or the American Arbitration Association (“AAA”), or you and AMI may agree upon a different arbitrator. In any event, any arbitration under this Agreement shall be conducted in accordance with the Streamlined Arbitration Rules and Procedures of JAMS if JAMS conducts the arbitration, or the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes if AAA or other arbitrator conducts the arbitration (hereinafter “Rules”). You agree that this arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement.
Either you or AMI may initiate arbitration by giving written notice of the intention to arbitrate to the other party and by filing notice with JAMS or the AAA in accordance with the Rules in effect at the time the notice is filed. AMI may be given notice at the Notice Addresses above. The AAA Rules are available online at www.adr.org or by calling AAA at 1-800-778-7879. The JAMS rules are available online at www.jamsadr.com or by calling 1-800-352-5267. In the event of any inconsistency between this Agreement and the Rules to be used for an arbitration, such inconsistency shall be resolved in favor of this Agreemen
Demand for arbitration under this Agreement must be made before the date when any judicial action upon the same Claim would be barred under any applicable statute of limitations; otherwise, the Claim also is barred in arbitration. Any dispute as to whether any statute of limitations, estoppel, waiver, laches, or other doctrine bars the arbitration of any Claim shall be decided by arbitration in accordance with the provisions of this Agreement.
Nothing in this arbitration provision shall limit the right of you or AMI, whether before, during, or after the pendency of any arbitration proceeding, to exercise any self-help remedies, such as set off, or to obtain provisional or ancillary remedies or injunctive or other traditionally equitable relief, such as filing an interpleader action. You and AMI agree that the taking of these actions or any other participation in such litigation by you or AMI does not waive any right that either you or AMI has to demand arbitration at any time with respect to any subsequent or amended Claim filed against you or AMI after commencement of litigation between you and AMI.
A single arbitrator shall decide the Claims. The arbitrator shall be an active member in good standing of the bar for any state in the continental United States and shall be either actively engaged in the practice of law for at least 5 years, or a retired judge.
You and AMI agree that the arbitrator: i) shall limit discovery to non-privileged matters directly relevant to the arbitrated dispute; ii) shall grant only relief that is based upon and consistent with substantial evidence and applicable substantive law; iii) shall have authority to grant relief only with respect to Claims asserted by or against you individually; and iv) shall provide a written statement stating the disposition of each claim and a concise written explanation of the basis for the award and shall make specific findings of fact and conclusions of law to support any arbitration award. Unless inconsistent with applicable law, and except as otherwise provided herein, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the arbitration. Upon request by you, AMI will pay to JAMS or the AAA the portion of the arbitration filing fee that exceeds the cost of filing a lawsuit in the federal court where you live. If you are unable to pay the filing fee, AMI will pay it directly upon receiving a written request. AMI will pay all of the remaining administration fees and other costs, including the arbitrator’s fees, for any non-frivolous claim (measured by the standards set forth in Federal Rule of Civil Procedure 11(b)) that does not exceed $25,000. For all other claims, the arbitrator will decide whether AMI or you ultimately will be responsible for paying any fees or other costs in connection with the arbitration under the applicable Rules. Any arbitration proceedings shall be conducted in the federal judicial district of your residence, and you will be given the opportunity to attend the proceeding and be heard. If your claim is for $7,500 or less, AMI agrees 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 in accordance with the arbitration Rules. If your claim exceeds $7,500, the right to a hearing will be determined by the arbitration Rules. Judgment upon any award rendered in arbitration may be entered in any court having competent jurisdiction.
If AMI made a written offer to settle the dispute before an arbitrator was selected, and the arbitrator awards you any relief on the merits that is greater than the value of our last settlement offer, then AMI will: i) pay you the amount of the arbitrator’s award or $7,500 (the “alternative award”) whichever is greater; and ii) pay your attorney twice the amount of attorneys’ fees, plus reimbursement for expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing and pursuing your claims in arbitration (the “attorney premium”).
If AMI did not make a written offer to settle the dispute before an arbitrator was selected, and the arbitrator awards you any relief on the merits, you and your attorney will be entitled to receive the alternative award and the attorney premium, respectively.
If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions of this arbitration provision will remain valid and enforceable. This arbitration provision shall survive termination of this Agreement.