Redemption. Matisse Footwear e-Gift Cards ("e-Gift Cards") may only be redeemed by the lawful owner ("You" or "Your") toward the purchase of eligible merchandise goods directly sold by Matisse Footwear. All qualifying purchases will be deducted from your e-Gift Card balance and any unused e-Gift Card balance will remain on your e-Gift Card. If a purchase exceeds the e-Gift Card balance, you must pay the remaining amount with other forms of payment that we accept.
Limitations. e-Gift Cards are not credit cards and are subject to all limitations that we disclose on or in connection with the e-Gift Card. e-Gift Cards cannot be used to purchase other Gift Cards. e-Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except as and to the extent required by law. Unused e-Gift Card balances in may not be transferred to any other account, whether offered by us or a third party.
Risk of Loss. The risk of loss and title for e-Gift Cards passes to you upon our electronic transmission of the e-Gift Card to you or the designated recipient, whichever is applicable. We are not responsible if any e-Gift Card is lost, stolen, destroyed or used without your permission.
Fraud. Matisse Footwear reserves the right, in its absolute and sole discretion, to reject any e-Gift Card in the event of actual or suspected fraud in obtaining or using the e-Gift Card.
Disclaimer of Warranties/Limitation of Liability. E-GIFT CARDS ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR GUARANTEE THAT OUR SYSTEMS WILL ALWAYS RECOGNIZE, OR CORRECTLY RECOGNIZE, YOUR E-GIFT CARD OR E-GIFT CARD BALANCE. UNDER NO CIRCUMSTANCES SHALL MATISSE FOOTWEAR, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ("REPRESENTATIVES") BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, A E-GIFT CARD, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SINCE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN THE EVENT OF ANY PROBLEM WITH A E-GIFT CARD THAT YOU HAVE PURCHASED, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH E-GIFT CARD OR A REFUND IN ACCORDANCE WITH ANY APPLICABLE REFUND POLICY THAT WE MAY POST ON THIS SITE.
Disputes. Any dispute or claim relating in any way to e-Gift Cards will be resolved by binding arbitration before the Judicial Arbitration and Mediation Services, Inc. ("JAMS") in the Los Angeles, California area, rather than in court. This arbitration provision is equally binding on claims brought by Matisse Footwear as on claims brought by you or others. Arbitrations will be conducted under the applicable JAMS rules. The parties to arbitration will have all the same claims, legal rights, and remedies in arbitration that would be available in court. A single neutral arbitrator shall be selected in accordance with the JAMS Streamlined Arbitration Rules, which shall provide you a reasonable opportunity to participate in the arbitrator selection. The parties to arbitration will have full right to use legal counsel at their own expense. All costs of arbitration (including arbitrator fees) shall be paid by Matisse Footwear, except only that if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. You will not be required to pay fees and costs incurred by the opposing parties if you do not prevail in arbitration. In arbitration, the parties may conduct reasonable discovery and shall reasonably exchange non-privileged information relevant to the dispute. The arbitrator's award shall be in writing and provide a written statement of the essential findings and conclusions. The arbitrator will not have the power to commit any error of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. As an exception to this arbitration provision, no one subject to the provision will be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction.
Claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective, or private attorney general action, shall be a "Class Action." Notwithstanding anything else in this Agreement or the JAMS rules, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action for a dispute covered by this arbitration provision. However, if these Class Actions restrictions are ever deemed illegal, they shall be severed from this arbitration provision. In that event, any Class Action shall be exempted from this arbitration provision and brought in court. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction.