The following terms and conditions apply to the purchase and use of a New England Essentials gift card. YOUR PURCHASE AND ACCEPTANCE OF THIS CARD CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. NEW ENGLAND ESSENTIALS RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME.
This card may be used for making purchases at stores in the United States in person or online with New England Essentials™. It may not be redeemed for cash or applied as payment to any account, unless required by law. New England Essentials™ does not accept responsibility for cards lost, damaged or stolen, or any unauthorized use of cards. Unauthorized resale prohibited.
Visit NewEnglandEssentials.com for information on balance inquiry, store locations, or to place an order.
To place an order by web, visit newenglandessentials.com
You and New England Essentials LLC (“New England Essentials”) agree that we will resolve any disputes between us through binding and final arbitration, instead of through court proceedings. You and New England Essentials hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and New England Essentials (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
This arbitration agreement does not preclude you or New England Essentials from seeking action by federal, state, or local government agencies. You and New England Essentials also have the right to bring qualifying claims in small claims court. In addition, you and New England Essentials retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these terms and conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these terms and conditions.
Neither you nor New England Essentials may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or New England Essentials individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any portion of this arbitration agreement is found to be invalid or unenforceable, then that specific portion shall be of no force and effect and shall be severed, but the remainder of this arbitration agreement shall continue in full force and effect. No waiver of any provision of this arbitration agreement of the terms and conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these terms and conditions. The arbitration agreement within the terms and conditions will survive the termination of your relationship with New England Essentials.
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 RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR NEW ENGLAND ESSENTIALS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Disclaimer and Limitations on Our Liability
YOU USE THE GIFT CARDS AT YOUR OWN RISK. THE GIFT CARDS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEW ENGLAND ESSENTIALS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEW ENGLAND ESSENTIALS’ TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS AND CONDITIONS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE LAST BALANCE HELD ON THE GIFT CARD GIVING RISE TO THE APPLICABLE DISPUTE.