Last updated: June 6, 2016
The following are the terms and conditions applicable to Tidy Clothes Balance and Tidy Clothes Gift Cards.
Tidy Clothes Gift Cards ("Gift Cards") may only be redeemed toward the purchase of eligible goods and services provided by Tidy Clothes LLC on www.TidyClothes.com. If you redeem a Gift Card on www.TidyClothes.com, it may only be used toward the purchase of eligible goods and services on www.TidyClothes.com and any remaining Gift Card balance may only be used for subsequent purchases on www.TidyClothes.com. Gift Cards include any Tidy Clothes Gift Cards you purchase that are automatically added to your Tidy Clothes Balance when you “reload” your balance or receive an "allowance." Your Tidy Clothes Balance displays the total remaining balance of all Gift Cards that have been applied to your Tidy Clothes account but not yet applied to a purchase. We may refer to your www.TidyClothes.com Balance as your “Tidy Clothes Balance”, “Gift Card balance” or “GC Balance”. Purchases are deducted from your Tidy Clothes Balance. Any unused Tidy Clothes Balance will remain associated with your Tidy Clothes account. If a purchase exceeds your Tidy Clothes Balance, the remaining amount must be paid with another payment method. To view your Tidy Clothes Balance, visit Your Account on Tidy Clothes. No fees apply to Gift Cards.
Your Tidy Clothes Balance cannot be used to purchase other Gift Cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. No portion of your Tidy Clothes Balance may be transferred to another Tidy Clothes account.
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Card is lost, stolen or destroyed or your Tidy Clothes Balance or any Gift Card is used without your permission.
We reserve the right to void Gift Cards or any other component of your Tidy Clothes Balance, close customer accounts and bill alternative forms of payment if we suspect that a Gift Card is obtained, used or applied to an Tidy Clothes account (or your Tidy Clothes Balance is applied to a purchase) fraudulently, unlawfully or otherwise in violation of these terms and conditions.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR TIDY CLOTHES BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to Gift Cards or your Tidy Clothes Balance 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 U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.
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 these terms and conditions as a court would.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $100 unless the arbitrator determines the claims are frivolous. Likewise, we will not to seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location.
We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The Tidy Clothes Conditions of Use apply. Gift Cards are issued by ACI Gift Cards, Inc., a Washington corporation. When you purchase, receive or apply a Gift Card to your account or your Tidy Clothes Balance to a purchase, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
The portion of your Tidy Clothes Balance made up of Gift Cards does not expire and may be applied to your Tidy Clothes account and applied to eligible purchases despite any stated expiration date.