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GIFT CARD TERMS AND CONDITIONS

The following terms and conditions (the “Agreement”) apply to electronic and physical gift cards (“Gift Cards”) issued by KEH Inc. (“KEH” or “we”).   By purchasing a Gift Card, accepting and retaining a Gift Card, or using a Gift Card, you agree to these terms and conditions.  We further reserve the right to change, amend or terminate the format, elements, and terms and conditions of the Gift Card program at any time with or without notice in our sole discretion.  You agree to such changed or amended terms and conditions after they have been posted to the KEH Website at www.keh.com. 

1.           Use of the Gift Card.  The Gift Cards are redeemable only for merchandise at www.KEH.com.  Gift Cards are neither a credit card nor a debit card.

2.           Redemptions.  Use of the Gift Card is limited to the amount of funds held on the Gift Card.  The full amount of each purchase, including taxes, will be deducted from the funds held on the Gift Card, up to the total funds available on the Gift Card.  If you make a purchase and there are insufficient funds held on the Gift Card to cover that purchase, you must pay the difference by credit card, debit card, check, or cash.  The Gift Card may not be redeemed for cash except where required by law. 

3.           Restrictions.  Resale of the Gift Card or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited.  Your right to use the funds on the Gift Card is a limited right, subject to the terms and conditions of the Agreement and applicable law.  We are not responsible for pricing, typographical, or other errors, in any offer and reserve the right to cancel any orders resulting from such errors. 

4.           No Expiration Date/Service Charges.  The Gift Card carries no expiration date, service charges or dormancy fees.

5.           Balance The balance on the Gift Card can be obtained by logging into your account and clicking here

6.           Risk of Loss.  KEH is not responsible for any lost, stolen, or destroyed Gift Cards. Risk of loss and title for Gift Cards pass to the purchaser upon electronic transmission of the Gift Card to the purchaser/designated recipient, or KEH’s delivery to the carrier.

7.           Governing Law/Arbitration.  The laws of the State of Georgia govern the Gift Card and the terms and conditions of this Agreement, without regard to choice of law principles.  ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement or the purchase or use of the Gift Cards SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER  ARBITRATION RULES THEN IN EFFECT.  The arbitration shall take place before one (1) neutral arbitrator in the city of the principal place of business of KEH. 

The arbitration will be limited solely to the dispute or controversy between you and KEH.  NEITHER YOU NOR KEH SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced.  This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. §§ 1-16. KEH will pay for the arbitrator’s fees if the total amount of such fees exceeds the filing fee for filing a claim in a small claims court.   Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. 

8.           Lost or Stolen Gift Cards.  Protect your Gift Card as if it were cash and safeguard the Gift Card from unauthorized use.  Except where required by applicable law, Gift Cards will not be replaced if lost, stolen, mutilated or damaged.  We are not responsible for Gift Cards that are undeliverable or not received due to inaccurate delivery information, including physical and e-mail addresses. Delivery to an incorrect but deliverable address as provided by the purchaser is the responsibility of the purchaser.   We are not responsible for the delivery of a Gift Card to a non-existent address.

9.           Misuse of the Card.  If we suspect any fraud or misuse in connection with a Gift Card, we reserve the right in our discretion to suspend or terminate use of the Gift Card. 

10.         SeverabilityIf any one or more of the covenants, agreements, provisions or terms of this Agreement shall be for any reason whatsoever held invalid, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of this Agreement and shall in no way affect the validity or enforceability of the other provisions of this Agreement.

11.         Entire AgreementExcept as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement.