The following Call It Spring Gift Card Terms and Conditions (this “Agreement”) describes the terms and conditions that apply to use of Call It Spring Gift Cards that are purchased in store and online, including plastic cards and digital gift cards, and which are redeemable at Call It Spring store locations in the United States (collectively, “Call It Spring Gift Cards”). This Agreement is between you (the cardholder) and Aldo Marketing LLC, a Virginia limited liability company (“Aldo”). By purchasing, accepting or using your Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept the Card.
IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of in court.
The Call It Spring Gift Cards are redeemable solely at Call It Spring store locations in the United States. The Call It Spring Gift Cards are not redeemable at Call It Spring store locations in Canada.
2. Use of Call It Spring Gift Card.
You may use your Call It Spring Gift Card towards any in-store purchase. Purchases made with this Call It Spring Gift Card will be deducted from the balance of this Call It Spring Gift Card and the residual value will be shown on your purchase receipt. Call It Spring Gift Cards are not redeemable on AldoShoes.com. However, you may place an order in any one of our U.S. stores, using your Call It Spring Gift Card.
3. Lost, Stolen or Damaged Call It Spring Gift Cards.
The Call It Spring Gift Card is not replaceable if lost or stolen. This Call It Spring Gift Card is not valid if damaged or unreadable.
4. Expiration Dates; Fees.
The Call It Spring Gift Card has no expiration date. No inactivity or service fees apply.
5. Cash Redemption.
Call It Spring Gift Cards are not returnable or redeemable for cash except in states where required by law.
6. Restrictions on Use.
You can purchase up to $500 of Call It Spring Gift Cards in any given day. Call It Spring Gift Cards cannot be used to purchase another Call It Spring Gift Card.
7. Not Reloadable.
You cannot "reload" Call It Spring Gift Cards (i.e., you cannot add value/balance to your Call It Spring Gift Card) at this time.
8. Unused or Insufficient Balance.
If your purchase exceeds the amount of the Call It Spring Gift Card's balance, you must pay the difference by another means.
9. Billing Errors.
Aldo reserves the right to correct the balance of the Call It Spring Gift Card if Aldo believes that a billing error has occurred. Aldo disclaims all liability for any such billing errors.
10. Issuer and Governing Law.
This Call It Spring Gift Card is issued by Aldo, a Virginia limited liability company. Aldo is the sole legal obligor with respect to the Call It Spring Gift Card; provided, however, that Aldo may assign its obligations with respect to the Call It Spring Gift Card at any time, in which case such assignee shall become the issuer and sole legal obligor. None of Aldo’s affiliates or related entities bears any responsibility or liability for any Call It Spring Gift Cards, and you hereby knowingly release all such affiliates and related entities from any and all liability or claims of any nature whatsoever arising in connection with the Call It Spring Gift Card. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to conflict of law rules.
11. Limitation of Liability; Disclaimer.
Aldo and its parent, subsidiaries and affiliates make no warranties, express or implied, with respect to the Call It Spring Gift Cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event an Call It Spring Gift Card code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such Call It Spring Gift Card. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitation may not apply to you and you might have additional rights.
12. MANDATORY BINDING INDIVIDUAL ARBITRATION.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE AND REQUIRES INDIVIDUAL FINAL AND BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF RESOLUTION IN COURT.
Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.
A. ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER
You and Aldo agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of the Call It Spring Gift Card, regardless of the date of accrual of such dispute, shall be resolved in its entirety by binding arbitration, except that (1) you or Aldo may take claims to small claims court if they qualify for hearing by such a court; and (2) if you have violated or have stated that you will violate Aldo's intellectual property rights, Aldo may seek injunctive or other appropriate relief in any state or federal court of appropriate jurisdiction.
YOU AND ALDO FURTHER 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 ACTION. Unless both you and Aldo agree, no arbitrator may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award 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. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. If a court decides that applicable law precludes enforcement of any provision in this Agreement other than this section, then such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. If such provision cannot be so modified or restricted, it shall be excised from this Agreement without affecting the validity, legality or enforceability of the remainder of this Agreement, which shall be fully enforced. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Aldo both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.
You and Aldo agree to waive the right to trial by jury.
This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against any of Aldo’s affiliates and related entities.
The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
This agreement to arbitrate shall survive termination of this Agreement.
B. ARBITRATION PROCEDURES
Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To begin an arbitration proceeding, you must serve Aldo’s registered agent for service of process, the Corporation Trust Company, 1209 N Orange Street, Wilmington, D, 19801], United States.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Aldo will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Aldo will reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.
Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief).
Judgment on the award may be entered in any court of competent jurisdiction.
13. Additional Terms and Conditions.
Aldo reserves the right to amend or modify this Agreement at any time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at www.CallItSpring.com/gift-card-terms. Aldo reserves the right to refuse to honor any Call It Spring Gift Card in the event of a disputed credit card charge, bounced check or other failure of consideration. Aldo also reserves the right to void or cancel an Call It Spring Gift Card without a refund if it believes that the Call It Spring Gift Card was obtained through fraudulent or unauthorized means, or was used in a fraudulent or unlawful manner or otherwise in violation of this Agreement. No credit card, credit line, overdraft protection, or deposit account is associated with your Call It Spring Gift Card.
Last revised May 2019