Gift Card User Agreement
Last updated on March 24, 2015
This Gift Card User Agreement contains terms and conditions ("Terms and Conditions") applicable to the In-N-Out Burgers Gift Card. Please read these Terms and Conditions carefully and keep a copy for your records. By purchasing, accepting, or using your Card, you agree to be bound by these Terms and Conditions.
In these Terms and Conditions, the "Card" means the In-N-Out Burgers Gift Card issued by In-N-Out Burgers. "You" and "your" refer to the person who has purchased or received the Card. "We," "us," "our," and "In-N-Out" refer to In-N-Out Burgers.
Sale of Cards: We, in our sole discretion, may refuse to sell a Card to any individual for any reason. All Card sales are final.
Card Transactions. You may use your Card to pay for purchases only at participating In-N-Out locations. Your Card must be present for use at our restaurants. You cannot use your Card to pay for purchases online at the In-N-Out Company Store. Upon any purchase using the Card, the amount available on the Card will be reduced by the amount of such purchase. The use of the Card for purchases constitutes a demand against and withdrawal from the remaining value on your Card. You must have sufficient, available funds on a Card to pay for any purchase or pay any difference between the available funds and the purchase amount by cash or credit card. You may reload Cards at participating In-N-Out restaurants in an amount not less than $5.00. The maximum amount of available funds on a Card shall not exceed $200.00 at any time, and you may not reload more than $800 to any Card in one day. You may use your Card only in the manner and for the purposes authorized by these Terms and Conditions. It is your responsibility to ensure you receive a receipt for each Card you purchase and verify that the card number listed on the receipt matches the card number printed on each Card. We recommend you verify this information with each purchase completed with your Card and retain all receipts for your records. You do not have the right to stop payment on any transaction originated by use of your Card. You are responsible for all transactions initiated by use of your Card. We reserve the right not to accept any Card or to otherwise limit the use of a Card if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful.
Card Balance. You may check the available balance on your Card at any In-N-Out restaurant, by calling 1-888-914-4438 (24 hours a day, 7 days a week) or at www.in-n-out.com. The available balance on a Card shall equal the amount of funds for such Card as reflected on our records; if it does not, we will only make changes if you can prove otherwise to our satisfaction.
Card Balance Refund. Upon request, In-N-Out will issue a cash refund at any of its restaurants in California if your Card has a value less than $10.00.
Lost, Stolen or Damaged Cards. Notify us AT ONCE if you believe your Card has been lost, stolen or damaged by calling 1-800-786-1000 (24 hours a day, 7 days a week) or writing to us at the following address: In-N-Out Burgers, Customer Service Department, 4199 Campus Drive, Ninth Floor, Irvine, CA 92612. Upon presentation of the original receipt for the purchase/activation of the Card, In-N-Out may issue a replacement Card in the amount of the then-remaining balance.
Amendments. We may amend these Terms and Conditions at any time by posting updated or revised Terms and Conditions on this website. Please check this website frequently for any updates or revisions to these Terms and Conditions.
Severability/No Waiver. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable for any reason, then such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or 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 are subject to the laws of the State of California without giving effect to the principle of conflicts of laws.
MANDATORY BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER. PLEASE READ THIS PROVISION CAREFULLY BECAUSE IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES BETWEEN YOU AND US THROUGH BINDING ARBITRATION INSTEAD OF THROUGH A JUDGE OR JURY TRIAL AND CLASS OR REPRESENTATIVE ACTION. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF OUR RELATIONSHIP AND THESE TERMS AND CONDITIONS.
Scope of Arbitration Provision. This provision is intended to be interpreted broadly to encompass any and all controversies, disputes, demands, claims, or causes of action between You and Us relating to these Terms and Conditions (as well as any related or prior agreement that You may have had with Us), including, without limitation, the interpretation and scope of this provision and the arbitrability of the controversy, dispute, demand, claim, or cause of action, or Your purchase, acceptance or use of a Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) (a “Claim” or “Claims”). You and We agree to resolve any Claim exclusively through binding and confidential arbitration, as set forth in this provision. As used in this provision, “We” and “Us” mean In-N-Out Burgers, its predecessors, successors, and assigns, and all of its and their respective employees, officers, directors, agents, and representatives. In addition, “We” and “Us” include any third party providing any product, service, or benefit to You or Us in connection with these Terms and Conditions (as well as any related or prior agreement that You may have had with Us or them) or a Card if such third party is named as a co-party with Us in any Claim.
Small Claims Court and Equitable Relief Exclusions. To the extent permitted by applicable law, You are giving up Your right to go to court to assert or defend Your rights except for matters that You file in small claims court in the state or municipality of Your residence within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. Additionally, notwithstanding this arbitration provision, either party may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of Your residence in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of Your residence for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.
Governing Rules and Procedures. You and We agree that these Terms and Conditions evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. You and We further agree that the arbitration will not be subject to any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the American Arbitration Association (“AAA”). Unless otherwise agreed upon by the parties in writing, the arbitration will be governed by AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”). The Rules and Procedures and information about arbitration and fees are available upon request from AAA by phone at 1-800-778-7879 or online at www.adr.org.
Informational Dispute Resolution/Demand for Arbitration Required. The party wishing to initiate arbitration must submit a written demand for arbitration (“Demand”) to the other party. If You want initiate a Claim, You must first submit a Demand by certified mail to In-N-Out Burgers, Legal Department, ATTN: Arbitration Demand, 4199 Campus Drive, Ninth Floor, Irvine, CA 92612. If We want to initiate a Claim, We will serve a Demand upon you by sending a copy by certified mail to your last known address as is available in the public record. You and We agree to service of process in this manner. Any Demand by either party must identify the parties to the Claim, describe the legal and factual basis of the Claim, and specifically state the remedy being sought. The Demand must be sent within the time limits that would apply to a party’s Claim if it were being resolved in a court and not by arbitration. The sent date will be determined by the date of postmark on the envelope in which the Demand is mailed. If the Claim is resolved within sixty (60) days, the Demand will not be forwarded to AAA for initiation of an arbitration.
Arbitration Procedures. If a Demand for arbitration is made and the Claim is not resolved within sixty (60) days, the Demand is to be forwarded to AAA by the party that prepared the Demand. In addition to other agreements in this arbitration provision, You and We agree that: (a) any Claims brought by You or Us must be brought in the party’s individual capacity, and not as a representative plaintiff or class member in any purported class or representative proceeding -- YOU ARE WAIVING ANY RIGHT TO BRING A CLAIM AS PART OF A CLASS ACTION OR REPRESENTATIVE ACTION; (b) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief; (c) in the event that You are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, We will pay as much of Your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary and reasonably appropriate to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) We also reserve the right, in Our sole and exclusive discretion, to assume responsibility for any or all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; (g) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party and, in such instance, the fees and expenses awarded will be determined in accordance with the applicable law; (h) the arbitrator may not award relief in excess of or contrary to the law governing the Claims, including, but not limited to, punitive damages; (i) the arbitrator must apply the Federal Rules of Evidence; (j) the losing party may have the award reviewed in accordance with the review procedures set forth in the Rules and Procedures; and (k) judgment on any arbitration award may be entered in any court having proper jurisdiction.
Location of Arbitration. Unless You and We agree otherwise, any arbitration will take place in the federal judicial district of Your residence.
Selection of the Arbitrator. You and We agree that the arbitrator will be selected by mutual agreement. Unless the parties agree otherwise, the arbitrator will be from AAA and have substantial experience in resolving consumer-related disputes. If the parties have not agreed upon an arbitrator within 30 days of the filing of a Demand with AAA, You and We agree that AAA will be authorized to appoint an arbitrator who will act under these Terms and Conditions with the same force and affect as if the parties had selected the arbitrator by mutual agreement.
Costs of Arbitration. All administrative fees and expenses of arbitration will be determined by AAA or the arbitrator in accordance with the Rules and Procedures.
Confidential Arbitration and Award. Any arbitration shall be confidential, and neither You nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
Arbitration Provision Survives Termination of Our Relationship. This arbitration provision will survive termination of Our relationship and these Terms and Conditions as well as any voluntary payment of any debt in full by You or any bankruptcy by You or Us.
Arbitration Provision is Severable. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein.
Opt-Out of Arbitration. If You wish to opt out of the arbitration provision contained in these Terms and Conditions, You must notify Us of Your election in writing within 30 days of the date that you first became subject to the arbitration provision or within 30 days of the effective date of any material change to these Terms and Conditions. You can opt out by sending a written request to Us by certified mail at the following address: In-N-Out Burgers, Legal Department, ATTN: Arbitration Opt-Out, 4199 Campus Drive, Ninth Floor, Irvine, CA 92612. Your opt-out request must include your name, address, phone number, email address and a copy of the front and back of the Card.
Disclaimers and Limits of Liability. IN-N-OUT MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN-N-OUT DOES NOT REPRESENT OR WARRANT THAT YOUR CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.
IN THE EVENT THAT IN-N-OUT IS FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES, AND SUCH DAMAGES SHALL NOT EXCEED THE LAST AVAILABLE BALANCE ON YOUR CARD. IN-N-OUT SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS GIFT CARD USER AGREEMENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL IN-N-OUT HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, A CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.
The laws of certain states or other jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this Gift Card User Agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
Entire Agreement; Construction. This Gift Card User Agreement (together with the language printed on the Card) is the complete and exclusive statement of agreement between you and In-N-Out and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this Gift Card User Agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Gift Card User Agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this Gift Card User Agreement.
Inquiries or Questions. If you have any questions regarding this Gift Card User Agreement or your Card, please call 1-800-786-1000 or 1-888-914-4438 or visit our web site at www.in-n-out.com.