Date: October 20, 2021
The following Ike’s Love & Sandwiches Gift Card Terms and Conditions (the “Agreement”) describe the terms and conditions that apply to use of the Ike’s Love & Sandwiches Gift Cards (the “Cards”). This Agreement is between you, the Cardholder, and Ike’s Love & Sandwiches LLC (“Card Company”), Ike’s Love & Sandwiches, LLC and its affiliates/subsidiaries (collectively, “Ike’s”), or the respective licensed Ike’s Love & Sandwiches franchisee that issued and sold your Card (a “Franchisee”). By purchasing, accepting, or using a 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 in Paragraph 10 a class action waiver and resolution of disputes by arbitration instead of in court.
- Redemption. Your Card is redeemable only for purchases of food, beverages, and merchandise at participating Ike’s Love & Sandwiches restaurants. Gift cards are not accepted at the following locations: Belmont CA, Redwood CA, Santa Rosa CA, San Mateo CA and Miami FL. Cards have no cash value and may not be redeemed for cash (except as required by law). Cards have no value until activated. Cards are not redeemable to purchase another Card or toward a previous purchase. Card Company, Ike’s Love & Sandwiches and the Franchisees reserve the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check or other failure of consideration, or Card Company’s, Ike’s Love & Sandwiches or a Franchisee’s reasonable belief or suspicion that the attempted use of the Card is fraudulent, unlawful or in violation of this Agreement.
- Balance Inquiry. For balance inquiry, visit ikesloveandsandwiches.com. You may also inquire regarding your balance at a participating Ike’s Love & Sandwiches or Franchisee restaurant location. The balance you receive when inquiring is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
- No Expiration; No Fees. Cards do not expire. No fees for inactivity or service fees apply to any Cards.
- Reloadable. Cards may be reloaded with additional value.
- No Refunds. No refunds are permitted with respect to the Cards. All sales of Cards are final.
- Lost, Damaged, or Stolen Cards; Unauthorized Use. Lost, damaged or stolen Cards will not be replaced or replenished. Card Company, Ike’s Love & Sandwiches and the Franchisees are not responsible for unauthorized Card use.
- Resale Prohibited. You may not sell a Card or otherwise barter for its exchange. However, you may transfer a Card to another person for no monetary consideration (e.g., as a gift).
- Maximum Value. You may not associate more than $2,000 with a Card on any day, either through purchase or reloading (or a combination of both). In addition, you may not purchase or obtain multiple Cards with a value of more than $10,000 in any one day regardless of location.
- 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, NOT 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 generally can award the same damages and relief to you that a court can award under the law and must honor the terms and conditions in this Agreement.
- ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You, Card Company and Ike’s Love & Sandwiches (or the Franchisee, as applicable) agree that any dispute, controversy or claim arising out of or relating to this Agreement or your use of the Card, including the determination of the scope or applicability of this agreement to arbitrate, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration, except that you, Card Company or Ike’s Love & Sandwiches (or the Franchisee) may take claims to small claims court if they qualify for hearing by such a court. You also agree that this arbitration agreement, Paragraph 10, shall apply to any dispute with other parties arising out of or relating to this Agreement or use of the Card, including the determination of the scope or applicability of this agreement to arbitrate, regardless of the date of accrual of such dispute, except that you or any such third parties may take claims to small court if they qualify for hearing by such a court.
You, CARD COMPANY and Ike’s Love & Sandwiches (OR THE FRANCHISEE) 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 PROCEEDING and that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.
You, Card Company and Ike’s Love & Sandwiches (or the Franchisee) agree to waive the right to trial by jury.
This agreement to arbitrate extends to claims that you assert against other parties arising out of or relating to this Agreement or use of the Card.
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. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you, Card Company and Ike’s Love & Sandwiches (or the Franchisee) 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.
- ARBITRATION PROCEDURES
Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures, including the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, (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 against Ike’s Love & Sandwiches or a Franchisee, you must serve Ike’s Love & Sandwiches registered agent for service of process at Capitol Corporate Services, Inc. 206 E. 9th, Ste 1300, Austin, TX 78701, United States. Each Franchisee agrees that Ike’s Love & Sandwiches may accept service of process on its behalf. To begin an arbitration proceeding against Card Company, you must serve Card Company’s registered agent for service of process at Capitol Corporate Services Inc., 10 S. Jefferson Street, Ste. 1400, Roanoke, Virginia 24011, 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 Card Company, Ike’s Love & Sandwiches or the Franchisee will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Card Company, Ike’s Love & Sandwiches or the Franchisee 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. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
The arbitrator shall not award relief in excess of what is allowed by applicable law and the Agreement. The arbitrator may award declaratory or 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. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any declaratory or injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. Judgment on the award may be entered in any court of competent jurisdiction.
- ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
- Limitation of Liability. CARD COMPANY, Ike’s Love & Sandwiches AND ITS AFFILIATES AND EACH FRANCHISEE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND CARD COMPANY’S, IKE’S LOVE & SANDWICHES OR A FRANCHISEE’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
- Unclaimed Property. In the event you do not use your Card for a certain period of time, Card Company or a Franchisee may be required to turn over the remaining Card balance to a state under such state’s unclaimed or abandoned property law. Although your Card does not expire, if Card Company or a Franchisee is obligated to turn over the remaining balance of your Card under a state’s unclaimed property law, by operation of law Card Company/the Franchisee will be released from any further liability or obligation with respect to your Card and you may be required to contact the state’s unclaimed property administrator to attempt to recover your unused Card balance. To protect your right to continue to use your remaining Card balance at Ike’s Love & Sandwiches restaurants, Card Company and each Franchisee will make reasonable efforts to exempt your Card from state unclaimed property laws.
- Governing Law. The laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, apply to this Agreement and use of your Card. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
- Changes to Agreement. Card Company, Ike’s Love & Sandwiches and the Franchisees reserve the right to change this Agreement from time to time in their discretion without special notice to you. Notice of changes will be by reasonable means, which may be by the posting of the revised version of this Agreement on this website (“Updated Terms”). Your use of a Card after Card Company or Ike’s Love & Sandwiches has posted the Updated Terms constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of a Card from that point forward. The date of the last update to this Agreement is always indicated near the top of the page and any change in the date of this Agreement shall constitute notice to you that the Agreement has changed.
- Fraud/Violation of Terms. Card Company, Ike’s Love & Sandwiches and the Franchisees reserve the right to refuse to honor, or to suspend or deactivate a Card where Card Company, Ike’s Love & Sandwiches or a Franchisee suspects that the Card was obtained fraudulently, in violation of this Agreement, or in violation of applicable laws or other applicable Card Company, Ike’s Love & Sandwiches or Franchisee terms and conditions.