Last updated: 3/1/2020
When you purchase, receive, or redeem a Columbia Sportswear Gift Card or eGift Card (“Gift Card”), you acknowledge and agree that these Terms and Conditions apply to the Gift Card and your use of it.
- Issuer. Gift Cards are issued by Columbia Brands USA, LLC (“Issuer”), 14375 NW Science Park Drive, Portland, Oregon 97221.
- Use. Gift Cards may be redeemed only for eligible merchandise at retail and outlet stores owned by Issuer in the U.S. and online at www.columbia.com, www.mountainhardwear.com, and www.sorel.com (U.S. shipments only). Eligible goods and eligible redemption store locations or websites are subject to change in Issuer’s sole discretion. To apply a Gift Card balance towards a purchase transaction, present the Gift Card at store or enter the Gift Card number and PIN online at the time of purchase. If a purchase exceeds your Gift Card balance, the remaining amount must be paid with another payment method. Issuer may require verification of your identity, Gift Card or account ownership, or provision of an alternative payment instrument before you are able to apply a Gift Card to your account or purchase transaction.
- Balance. Gift Card balance will be reduced for each redemption transaction. The balance you see when viewing Gift Card balances online or receive by calling 866-682-9879 is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be times when the updated balance is delayed.
- Restrictions. Gift Cards may not be exchanged; reloaded; resold; redeemed at third party retailers or sites; redeemed outside the U.S.; used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes; redeemed for more than face value; transferred for value; redeemed for cash; or returned for a cash refund except where required by law. Gift Cards may not be consolidated or used to purchase a new Gift Card. Issuer may refuse, cancel, or hold Gift Cards and orders to investigate suspected fraud or to correct balances and other system errors. TO THE FULLEST EXTENT PERMITTED BY LAW, ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR GIFT CARD BALANCES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. IN NO EVENT WILL ISSUER, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GIFT CARDS OR YOUR PURCHASE, RECEIPT, OR USE OF, OR YOUR INABILITY TO USE, THE GIFT CARDS. THE FOREGOING LIMITATION OF LIABILITY PROVISIONS WILL NOT APPLY TO THE EXTENT THAT ANY CLAIMS, DAMAGES, COSTS OR EXPENSES ARE THE RESULT OF ISSUER’S OWN NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW.
- No Affiliation. Use of Issuer's or its affiliate’s name, logo, trade dress (including any image/likeness of the Gift Cards) or trademarks in connection with the purchase or use of Gift Cards is strictly prohibited. Likewise, the use of Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Issuer or its affiliates is also prohibited.
- Compliance. By purchasing or using a Gift Card, you represent and agree that you (i) will comply with these Terms and Conditions and all applicable laws, rules and regulations; (ii) will not use a Gift Card in any manner that is misleading, deceptive, unfair or otherwise harmful to Issuer, its affiliates, or any third party. Issuer reserves the right, without notice to you, to void Gift Cards without a refund, suspend or terminate your online account, cancel or limit orders, and bill alternative forms of payment if it suspects that a Gift Card is obtained, used, or redeemed fraudulently, unlawfully, or otherwise in violation of these Terms and Conditions. You agree to defend and indemnify Issuer and its affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of a Gift Card or violation of any of these Terms and Conditions.
- Risk of Loss. The risk of loss and title for Gift Cards pass to purchaser upon transmission of the Gift Card to the purchaser or designated recipient or Issuer’s delivery to the carrier, whichever is applicable. You are responsible for safeguarding your Gift Cards and for any transactions on your Gift Cards, including unauthorized transactions. Neither Issuer nor its affiliates will have any liability to you for (i) lost or stolen Gift Cards; (ii) use of any Gift Cards by third parties without your permission; or (iii) any unlawful conduct or fraud by any third party associated with any Gift Card.
- Saving Information. Saving Gift Card information to your online account does not redeem the value of the Gift Card but simply makes it available for later selection and use without reentering the Gift Card number and PIN at the time of a purchase. Saving a Gift Card to your online account does not limit use of the Gift Card to online purchases. A saved Gift Card may still be used at any Issuer-owned retail or factory outlet store in the U.S.
- No Expiration; No Fees. Gift Cards do not have an expiration date, and Issuer does not charge any activation, service, dormancy or inactivity fees in connection with Gift Cards.
- Disputes. Gift Cards and these Terms and Conditions will be governed by and construed under the laws of the State of Oregon applicable to agreements made and to be entirely performed within the State of Oregon, without regard to any conflict of law provisions. You agree that any action not filed in arbitration pursuant to these Terms and Conditions shall be filed only in the state and federal courts located in Multnomah County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding.
ANY DISPUTE OR CLAIM BETWEEN YOU AND ISSUER, its affiliates, agents, employees, successors, assigns, direct and indirect subsidiaries, or any third party RELATING IN ANY WAY TO OR ARISING IN ANY WAY FROM THE GIFT CARDS, YOUR PURCHASE, RECEIPT, OR USE OF, OR YOUR INABILITY TO USE, THE GIFT CARDS, ANY PRODUCTS SOLD BY ISSUER OR ITS AFFILIATES, OR THESE TERMS AND CONDITIONS (INCLUDING THEIR INTERPRETATION, VALIDITY, TERMINATION OR BREACH) WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms and Conditions is void, voidable or otherwise invalid.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE TERMS AND CONDITIONS AS A COURT WOULD.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent or to Columbia Brands USA, LLC, Attn: General Counsel, 14375 NW Science Park Drive, Portland, Oregon 97229. You agree that the arbitration will be conducted by and in accordance with the rules of either the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. Such arbitration shall proceed either in the county in which you reside or Multnomah County, Oregon. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules. Issuer will reimburse those fees for claims totaling less than $10,000. Likewise, Issuer will not seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
WE EACH AGREE TO BRING ANY DISPUTE IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE ACTION BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER. IN ADDITION, WE BOTH AGREE THAT WE EACH MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ISSUER WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
- Changes. Issuer may amend these Terms and Conditions at any time. Issuer will post the amended Terms and Conditions at www.columbia.com/giftcards, and for a period of thirty (30) days after the amended Terms and Conditions are posted, Issuer will also post a notice on its website stating that the Gift Card Terms and Conditions have changed. As permitted by applicable law, any change, addition or deletion will become effective at the time the revised Terms and Conditions are posted at www.columbia.com/giftcards. Unless otherwise stated, the change, addition, or deletion will apply to future and existing Gift Cards. You are deemed to accept the changes, additions or deletions if: (1) you do not notify Issuer to the contrary in writing within 20 days of the date of the notice; or (2) you use any Gift Cards after such notice period. If you notify Issuer that you do not accept the changes, additions or deletions, Issuer will cancel your Gift Cards and refund any remaining balance to you.
- Severability. If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
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