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TERMS OF USE
Last updated: November 10, 2022
Introduction
Thank you for exploring the eddiebauer.com website (the “Eddie Bauer Website”).
These Terms of Use (“Terms”) govern your use of and access to this site. Any person who interacts with the Eddie Bauer Website, including through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, is considered to be using the Eddie Bauer Website and is subject to these Terms.
Moreover, these Terms apply to any transaction between Eddie Bauer LLC, including any of its parents, subsidiaries, or affiliated entities (“Eddie Bauer,” “we,” “us,” “our”) and its customers (“customer”, “you”, “your”), whether made on the Eddie Bauer Website or at any Eddie Bauer retail store in the United States (“Physical Location”). The Eddie Bauer Website and Physical Locations are collectively referred to as “Eddie Bauer Stores.”
PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. THE AGREEMENT INCLUDES A CLASS ACTION WAIVER AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
By creating an account, joining the Eddie Bauer Adventure Rewards program, or submitting an order or making a purchase at an Eddie Bauer Store, you agree to these Terms as well as all policies on the Eddie Bauer Website, including our Privacy Policy and our Return Policy. We may change, update, delete or add to these terms over time. Any changes, updates, deletions, or additions to these terms will be effective upon posting. Your continued use of this site will constitute acceptance of these terms.
If you do not agree to these Terms, policies, or any modifications thereto, please do not use the Eddie Bauer Website or make a purchase at an Eddie Bauer Store.
Privacy Policy Statement
We respect the privacy of our customers and encourage you to read our Privacy Policy so that you may make an informed decision about using the Eddie Bauer Website.
Promotions & Product Exclusions
Dispute Resolution and Arbitration Agreement
Binding Agreement to Arbitrate (“Arbitration Agreement”)
Mobile Alerts Policy
Product Information
Many of the products displayed on the Eddie Bauer Website are also available through our catalogs, at Eddie Bauer Physical Locations and, in some cases, foreign markets. Extended sizes that are available online may not be available in retail stores. The prices displayed on the Eddie Bauer Website are quoted in U.S. Dollars.
Accuracy
Though we strive for accuracy, occasionally, the information on the Eddie Bauer Website may contain typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing and/or availability.
Eddie Bauer reserves the right to correct any errors, inaccuracies or omissions and to change or update information, including those related to pricing and promotions displayed in the Eddie Bauer Stores, or cancel orders at any time without prior notice (including after you have submitted an order).
In the event of a pricing error on an item you have ordered, we may notify you and await your approval of the corrected price before continuing with your order unless we cancel the order.
Due to special promotions and sales, items in your shopping cart may have a different price from the price displayed on the product page when it was first placed in your cart.
Please note that because the colors you see will depend on your monitor, we cannot guarantee that your monitor will display the exact color of an item displayed.
List Prices
The strike-through or list price of an Eddie Bauer product represents either the price at which Eddie Bauer recently offered the product or a comparable product in Eddie Bauer Stores, or the value of a similar item in the market.
Pricing Policy
The strike through or listed price represents a price at which we previously offered the product, or a comparable product, in our stores or online, recently or in a past season or year, or the value of a similar item in the market. It may not represent the price in effect in our stores or online or elsewhere in the market on any particular day or in every location.
Promotions & Product Exclusions
All promotions and discounts at Eddie Bauer Stores shall be subject to these Terms as well as the promotion’s own terms and conditions. Promotions do not include and cannot be applied to credit card balances, taxes, gift cards, shipping, or other fees. Promotions cannot be combined with any other offer and are subject to change without notice. We hold the right to modify or cancel any promotion due to error or unforeseen problems. In the case of conflict between these Terms and the promotion’s own terms and conditions, these Terms shall apply. Some promotions and discounts may only be available on the Eddie Bauer Website or in Eddie Bauer Physical Locations.
Copyright
All copyrighted and copyrightable materials on the Eddie Bauer Website, including, without limitation, the design, text, technical documentation, manuals, product information, graphics, images, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED, Copyright Eddie Bauer LLC and/or its licensors.
You are granted a limited, non-sublicensable right to access this site and print the Materials for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to:
- publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
- market, sell or make commercial use of this site or any Materials;
- systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
- make derivative uses of this site or the Materials; or
- use, frame or utilize framing techniques to enclose any portion of this site (including the images found at this site or any text or the layout/design of any page or form contained on a page).
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Eddie Bauer or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Trademarks
Eddie Bauer, eddiebauer.com, the Eddie Bauer logo, and any proprietary product or service names contained in this site, are either trademarks or registered trademarks of the Eddie Bauer Website or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Eddie Bauer. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Eddie Bauer, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Eddie Bauer. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
Customer Comments & Feedback
We welcome your comments and feedback. All communications and comments submitted to the Eddie Bauer Website are non-confidential. Eddie Bauer reserves the right to use any ideas, concepts, comments, techniques, visuals, suggestions or communications as permitted under applicable laws. All comments, feedback, suggestions and submissions shall be and remain Eddie Bauer property. However, Eddie Bauer's use, disclosure, and retention of such information may be limited by applicable laws, as described in our Privacy Policy.
Links to Other Sites
Periodically, links may be established from the Eddie Bauer Website to one or more external sites or resources operated by third parties ("Third Party Sites"). These links are provided for your convenience only and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. In addition, some Third-Party Sites also may provide links to the Eddie Bauer Website. None of such links should be deemed to imply that Eddie Bauer endorses the Third-Party Sites or any content therein. Eddie Bauer does not control and is not responsible or liable for any Third-Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. When leaving this site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
SITE DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EDDIE BAUER OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE EDDIE BAUR WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE EDDIE BAUER WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM EDDIE BAUER, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL EDDIE BAUER OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS.
Changes and Modifications
We reserve the right to change or modify any of the terms contained in these Terms or any policy of the site, at any time and in our sole discretion. If we decide to change our Terms or a policy, we will post a new version on our site and update the date, and where required will provide additional notice to you. Any changes or modification will be effective upon posting of the revisions. Your continued use of the Eddie Bauer Website or transactions in Eddie Bauer Stores following the posting of the changes or modifications will constitute your acceptance of such changes or modifications. You should frequently review these Terms (including its date) and applicable policies from time-to-time to understand the terms that apply to your use of the Eddie Bauer Website and your transactions in Eddie Bauer Stores.
Dispute Resolution and Arbitration Agreement
Informal Dispute Resolution
Our first objective is to satisfy our customers, and so we hope to never have a dispute with you. But if we can’t avoid a dispute, both you and Eddie Bauer agree to the following dispute resolution procedure:
In the event of any controversy, claim, action or dispute between you and Eddie Bauer arising out of or related to any transaction by you in an Eddie Bauer Store, including on the Eddie Bauer Website or in an Eddie Bauer Physical Location, or related to the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 60 days from the date of receipt in which to respond to or try to settle the Dispute.
Notice shall be sent to Eddie Bauer at:
Eddie Bauer LLC
Attn: General Counsel, “Informal Dispute Resolution”
2200 1st Ave South
Seattle, WA 98134
Notice shall be sent to you at either your last-used billing address, or the billing or shipping address in your online profile.
Binding Agreement to Arbitrate (“Arbitration Agreement”)
You and we further agree that if we can't resolve our Dispute by agreement through the informal dispute resolution procedure described above within 60 days, the Dispute must be resolved through binding individual arbitration. You and Eddie Bauer agree to give up your and our right to go to court and assert or defend your or our rights under the Terms or to sue with respect to any Dispute.
You and we agree that the arbitration shall be conducted before the American Arbitration Association ("AAA") pursuant to the AAA’s Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website, www.adr.org. To the extent this Arbitration Agreement conflicts with the AAA Rules, this Arbitration Agreement will control.
You and we further agree that the Federal Arbitration Act ("FAA") governs this Arbitration Agreement. This Arbitration Agreement shall be interpreted, construed, and enforced in accordance with the FAA.
You and we agree that a single neutral arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, validity, or enforceability of this Arbitration Agreement, including the determination of the scope or applicability of this Arbitration Agreement. You and we agree that the arbitrator shall have the exclusive authority to determine the arbitrability of any Dispute. You and we agree that the arbitrator will adjudicate our Dispute and the arbitrator’s decision will be final except for a limited right of appeal under the FAA.
Waiver of Class Action and Representative Claims (“Class Action Waiver”)
YOU AND EDDIE BAUER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR EDDIE BAUER’S RESPECTIVE INDIVIDUAL CAPACITIES AND IN DOING SO YOU AND EDDIE BAUER HEREBY WAIVE THE RIGHT TO TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER), AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.
The arbitrator is empowered to resolve the Dispute with the same remedies available in court, including public injunctive relief.
If it is decided that applicable law precludes enforcement of this section’s limitations as to a particular claim, then that claim—and only that claim—must proceed in court and be severed from any arbitration.
Initiation of Arbitration
You may initiate arbitration related to a Dispute by submitting a demand to the AAA and simultaneously notifying Eddie Bauer in writing, with notice provided to:
Eddie Bauer LLC
Attn: General Counsel, “Arbitration Demand”
2200 1st Ave South
Seattle, WA 98134
Selection of the Arbitrator
The arbitrator shall be selected in the following manner:
The parties shall first attempt to agree on an arbitrator. If the parties are unable to agree upon an arbitrator, the parties shall request that the AAA send simultaneously to each party to the Dispute an identical list of 10 names of persons chosen from the AAA’s National Roster of Arbitrators (“National Roster”).
Unless otherwise directed by AAA, each party to the Dispute shall have 14 calendar days from the date that the AAA transmits the list of names in which to strike names objected to, number the remaining names in order of preference, and return the list to the AAA. The parties are not required to exchange selection lists. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable to that party. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of an arbitrator to serve. If the parties fail to agree on any of the persons named, or if acceptable arbitrators are unable to act, or if for any other reason the appointment cannot be made from the submitted lists, the AAA shall have the power to make the appointment from among other members of the National Roster without the submission of additional lists.
Arbitration Fees
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules. Eddie Bauer will promptly reimburse you filing fees that you incur to initiate any arbitration proceeding (this does not include the AAA fees or arbitrator’s fees). If you initiate the arbitration, we may recover the AAA fees or arbitrator’s fees, or filing fees we reimbursed, only if the arbitrator finds the arbitration frivolous or brought in bad faith or for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11. If we initiate the arbitration, we will bear the AAA’s and arbitrator’s fees under any circumstance. We will not seek our attorneys’ fees or expenses from you in any arbitration.
The Arbitration Hearing
If the Dispute involves $10,000 or less, the arbitration hearing will be conducted by telephone unless the arbitrator decides it should be in-person. However, you may choose to have an in-person arbitration hearing in your county of residence or principal place of business, or our principal place of business—King County, Washington.
Option of Small Claims Court
In lieu of arbitration, you may seek to resolve the Dispute in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. Eddie Bauer will submit to binding arbitration in any event.
Severability
If a court finds any part of this Arbitration Agreement and Class Action Waiver illegal or unenforceable, the part that the court has found to be illegal or unenforceable will be severed, and the rest of this Arbitration Agreement and Class Action Waiver will remain in full force and effect.
Forum Selection Clause
If a court finds that you have the right to bring an action in court and have our Dispute decided by a judge or jury, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in state or federal court located in Seattle, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Scope
You accept this Arbitration Agreement and Class Action Waiver by your use of the Eddie Bauer Website or purchase of Eddie Bauer products in Eddie Bauer Stores, or your use of services that we sell you (including by becoming an Eddie Bauer Adventure Rewards member). You agree to abide by these Terms without modification. We reserve the right to change terms from time to time. Any changes will be effective upon posting.
Choice of Law
Eddie Bauer controls the Eddie Bauer Website from its offices within the State of Washington. Eddie Bauer does not imply that the materials published on this site are appropriate for use outside of the United States. If you access this site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. These Terms of Use shall be governed by the laws of the State of Washington, without giving effect to its conflict of laws provisions.
Your Account
If you use the Eddie Bauer Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
The Eddie Bauer Website does not offer products for sale to children under 18. We sell products for purchase by adults only. By using the Eddie Bauer Website, you are representing to us that you are 18 years old or older.
Eddie Bauer will not be liable for any damages that may result from misrepresentation of age by a user of the Eddie Bauer Website.
Eddie Bauer reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Mobile Alerts Policy
By providing your mobile phone number, you represent that you agree to these terms and conditions. Eddie Bauer may change, update, delete or add to these terms over time. Any changes, updates, deletions, or additions to these terms will be effective upon posting. If you do not accept these terms and conditions, please follow the instructions to unsubscribe/opt-out. Your choice not to unsubscribe/opt-out will constitute acceptance of these terms and conditions.
Mobile Alerts: Entering your mobile phone number means that you are subscribing to receive recurring updates and promotional text messages and alerts from Eddie Bauer which will be sent from an automated system (the “Program”). Promotional text messages may include event alerts and updates, discounts, special offers and information about new products, sales, and promotions.
Privacy Policy: The Program is governed by the Eddie Bauer Privacy Policy
How to Unsubscribe/Opt-Out: You may cancel your subscription to Mobile Alerts from Eddie Bauer at any time by texting “STOP” to the short code 22020.
Charges: Message and data rates may apply to your use of the Program, however Eddie Bauer does not charge you to participate in the Program and purchases are not required. Please consult the wireless service agreement for the individual pricing plan applicable to your mobile phone or other mobile device.
Content: The information, content, and other material provided in the Program (collectively, the “Content”) are owned by Eddie Bauer, our affiliates or licensors, and the Content is protected by copyright, trademark, and other laws. Eddie Bauer grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Content on your mobile device solely for your own, personal, non-commercial use. You may not modify the Content in any way, or reproduce, publicly display, perform, transfer, sell, distribute, create derivative works or otherwise use the Content or the Program except as expressly provided for in these terms and conditions.
Limitation of Liability: The Program is provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular or general purpose, or non-infringement of intellectual property. Eddie Bauer assumes no responsibility and will not be liable for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by or arising from your use of the Program.
General Provisions
We reserve the right, without notice and in our sole discretion, to terminate your ability to use this site, and to block or prevent future access to and use of the Eddie Bauer Website. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, including any applicable policy contained in this site, constitute the entire agreement between you and Eddie Bauer relating to the subject matter addressed herein.