Revised June 2012
The Americana Manhasset® website, the Americana Manhasset Champions for Charity® website, and the Wheatley Plaza® website are managed by Castagna Realty Co. Inc through its offices in the United States ("Castagna Realty"/we/us/our").
What Information We Collect
Castagna Realty does not knowing collect personal identifiable information from anyone under the age of thirteen. If you are under the age of thirteen, please ask your parents to register and/or use the online store.
How We Use Information You Provide
The data that you choose to provide to us when you Use Our Services is used by Castagna Realty to keep you informed of our special events or promotions, to register you with our website, to administer website services, and/or to process any orders you may place online. We may also use the information you provide to us to review our performance and to improve our services to you, or to communicate with you about your order if you have placed an online order.
Castagna Realty maintains customer data for the purposes of customer relationship management, marketing research, analysis and promotion. We will send you announcement or communications on products, promotions and invitations for events if you do not elect to opt out. If you provide incomplete or inaccurate data, we may be unable to inform you of special promotions or events and to provide you with our services.
Do We Share Your Information
Castagna Realty respects and protects your privacy. We do not rent, sell, or trade our client's names, addresses, email addresses or other personal information to any other companies except as described below.
In order to maintain our website, to manage our database, to distribute e-mails and to provide communications about goods and services at Americana Manhasset and Wheatley Plaza, Castagna Realty contracts with selected third parties who assist us in maintaining and managing our customer data. Although we log and analyze information coming from our website and from when you Use Our Services, we require that all partners agree to keep confidential all information we share with them and to use the information only to perform obligations in our agreements.
Castagna Realty does not otherwise disclose your information to third parties, unless we are required to do so by law or in connection with a legal claim or proceeding.
Accuracy & Retention
You are entitled to request access to and correction of all personal data you provide to us, or to remove your name from our marketing list at any time by contacting us by phone, email, or mailing address listed below.
Castagna Realty uses appropriate security measures to protect the information you provide to us. However, while we take reasonable steps to protect this personal information from unauthorized access, use or disclose, you accept that no Internet data transmission can be guaranteed to be secure from access by unintended recipients and will not hold us responsible for any breach of security. While we strive to protect your Personal Information, neither Castagna Realty nor any of our service providers can ensure or warrant the security of any information you transmit to us over the Internet. Any such transmission is done at your own risk.
CASTAGNA REALTY WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFIT, BUSINESS OR DATA) ARISING OUT OF THE USE OF OUR SERVICES.
Acceptance of our Privacy and Modifications
If you are registered with us and would like to delete your registration and personal details from our database, please email us at email@example.com
Castagna Realty Co. Inc
2110 Northern Boulevard
Manhasset, NY 11030
Revised June 2012
The Americana Manhasset® website, the Americana Manhasset Champions for Charity® website, and the Wheatley Plaza® website are managed by Castagna Realty Co. Inc. through its offices in the United States. ("Castagna Realty/We/Us") Thank you for visiting our Web Sites ("Sites").
YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE. These Legal Conditions govern the use of and access to our websites.
Copyright, Trademark and Intellectual Property
All materials on Castagna Realty Websites (the "Sites"), and the Sites itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by Castagna Realty or its subsidiaries or affiliates, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in these Sites, as well as the software used in the design and development of the Sites. All rights are reserved, worldwide.
The materials contained on these Sites are displayed for informational and promotional purposes only. Our sites are solely for private, personal, and noncommercial use. You may download or copy materials on these Sites solely for your personal non-commercial use. You do not obtain any right, title or interest in any material or software as a result of any such downloading or copying. You may not reproduce (except for your personal non-commercial use), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, our Sites, any of the materials on these Sites, or any related software. Any other use of materials on these Sites, including reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of Castagna Realty is strictly prohibited.
You agree that any and all information, suggestions, ideas, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) disclosed or submitted to Castagna Realty through our Sites or by other means ("Submissions") are neither confidential nor proprietary to you. . All submissions become Castagna Realty property upon submission to us. By making a Submission, you agree that Castagna Realty shall have the right, title and interests, including copyrights, in the Submission. Castagna Realty has no obligation (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; or (iii) to respond to or acknowledge any Submission. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that Castagna Realty has the right (but not the obligation) to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.
Material on our Sites may contain inaccuracies or typographical errors. Castagna Realty is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user's reliance on information obtained from or through our Sites. It is your responsibility to evaluate the information and other content available through these Sites. These Sites and the information and materials contained in these Sites are subject to change at any time, and from time to time, without prior or subsequent notice.
Castagna Realty Sites and the contents of the Sites are provided on an "as is" and "as available" basis. Castagna Realty makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms, or trojan horses) or implied warranties of merchantability or fitness for a particular purpose, with respect to the Sites or its contents and expressly disclaims any representations and warranties. Castagna Realty does not represent or warrant that the information contained on the Sites is accurate, complete or up-to-date, that the Sites are free of defects or that any defects will be remedied. You agree, by using the Sites, that your use of the Sites is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with the Sites, and that Castagna Realty shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of the Sites. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.
Limitation of Liability and Indemnity
In no event shall Castagna Realty be liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any other damages whatsoever, even if Castgna Realty has been previously advised of the possibility of such damages, whether in an action under contract, tort or under any other theory, arising out of or in connection with the use, inability to use, or performance of the information, products and materials on this site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitations may not apply to you.
Castagna Realty shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these legal conditions if the same is wholly or partly caused by circumstances beyond our reasonable control.
You agree to defend, indemnify and hold harmless Castagna Realty, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs, arising from or related to your use of this Site.
Shipping Methods & Rates
As of June 2013
All UPS shipping is currently complimentary!
Adult signature is required for Americana GiftCards $500 or more.
americanamanhasset.com currently ships within the United States only, we do not ship online orders to international destinations. In order to make purchases with americanamanhasset.com, you must have both a shipping address and credit card billing address within the United States.
Customer Pickup - You will receive an email from Concierge Services confirming order is ready for pick-up. Please call 800.818.6767 for rush orders.
UPS Standard Delivery - Delivery within 5-7 business days. Service Monday through Friday. Shipment confirmation with tracking number provided via email.
UPS Next Day Service - Next day Delivery Service Monday through Friday. Shipment confirmation with tracking number provided via email. Next-day orders placed Friday after 12:00 noon through Sunday will be shipped Monday and should arrive the following business days after shipping.
Special Requests, UPS Early AM delivery services, UPS Saturday delivery, and Messenger Service within the NY Metro area arrangements can be made at an additional charge. For more information, please email us at firstname.lastname@example.org or call us toll free at 800.818.6767.
Delivery to Post Office Boxes - We currently do not ship to post office boxes. Please feel free to contact us if you have any questions at email@example.com or call us toll free at 800.818.6767.
Americana Manhasset GiftCard Shipping Costs
Sweepstakes Rules and Details
$1000 Americana Manhasset GiftCard
Holiday Shopping Sweepstakes
Sunday November 24, 2013 – December 31, 2013
No Purchase or payment of any kind is necessary to win.
Void where prohibited by law.
To enter the Sweepstakes, complete the entry form to sign up for communications from Americana Manhasset and Wheatley Plaza with accurate information at Americana Manhasset’s Concierge Store from Sunday, November 24, 2013 – December 31, 2013. You will be asked to provide your first name, last name, email address, and zip code. A limit of one (1) entry per valid e-mail address/person will be accepted during this sweepstakes. All entries must be received by 11:59 PM EST on Tuesday, December 31, 2013. Note: Entry must be made by the entrant. Entries made by any other individual or any entity will be declared invalid and disqualified for this Sweepstakes. The use of any device to automate the entry process is prohibited.
The prize is a $1000 Americana Manhasset GiftCard. The prize is non-transferable and cannot be redeemed for cash. The prize is awarded "as is" with no guarantee, either express or implied. If by reason of a printing, typographical, or other error, more prizes are claimed than the number set forth in these official rules, all persons making purportedly valid claims will be included in a random drawing to award the prize. No more than one prize will be awarded. The prize to be picked up by winner at Americana Manhasset’s Concierge Services.
The Sweepstakes ("Sweepstakes") is open only to those legal residents of the 50 United States and the District of Columbia 18 years of age or older as of the date of entry and who meet the eligibility requirements. The officers, directors, employees, contractors, and agents of the Sponsor and Promotion Entities and the immediate families and those living in the same household of any of the above, are not eligible. All Federal, state and local rules and regulations apply. Void where prohibited or restricted by law.
No Purchase Necessary
No purchase or payment of any kind is necessary to enter or win the sweepstakes. A purchase will not improve chances of winning.
Sweepstakes is on Sunday, November 24, 2013 – Tuesday, December 31, 2013 at Americana Manhasset’s Concierge Store (the "Entry Period"). The sponsor of this Sweepstakes is Castagna Realty Co. Inc through its offices in the United States. Castagna Realty Co. Inc manages Americana Manhasset and Wheatley Plaza Properties. The Sweepstakes shall be subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein. Certain restrictions may apply.
One (1) winner will be selected by random drawing on or about January 31, 2014 and will be notified by e-mail or by phone within two weeks of this date. Winner must execute and return required notarized Affidavit of Eligibility/ Release of Liability within 30 days of notification. Once Affidavit of Eligibility/ Release of Liability is received, winner has one year to use the $1000 Americana Manhasset GiftCard. Failure to return all required forms within 30 days or to comply with any other provision may result in the winner being disqualified and an alternate winner selected. If a prize notification or a prize is returned as undeliverable for any reason, the applicable prize will be awarded to an alternate winner. Prizes are not transferable, assignable, or redeemable for cash. Decisions of the Sponsor are final. All Federal, state and local tax liabilities are the responsibility of the winners.
Accepting the Prize
By accepting the prize, the winner consents to Sponsor’s use of their name and photo in announcing the winner. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g. business, educational, institution, etc) that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry and that all eligibility requirements are met.
Entrants release and waive any claims they may have against Releases for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including without limitation attorney's fees) resulting from acceptance, use, or misuse of any prize or parts thereof, or participation in this Sweepstakes. If for any reason, this Sweepstakes is not capable of running as planned, or if this Sweepstakes becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor's sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, The Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is cancelled, the Sponsor reserves the right to conduct a random drawing to award all remaining prizes from among all eligible, non-suspect entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted at Americana Manhasset’s Concierge Services. Any attempt by an entrant or any other individual to deliberately damage the legitimate operation of the Sweepstakes is a violation of criminal and/or civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
The Sponsor and any and all participating stores (collectively, "Promotion Entities"), and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents (collectively with the Promotion Entities, the "Releases") are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant's or any other person's computer relating to or resulting from participation in the Sweepstakes-; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or for any other reason whatsoever; printing or other errors; any entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof. Incomplete entries will be disqualified. All entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive entries or acts shall render entrants ineligible. By entering the Sweepstakes, entrants affirm that they have read and accepted these Official Rules. The Sweepstakes shall be governed by and construed in accordance with the laws of the state of New York. By entering the Sweepstakes, entrants hereby submit to the jurisdiction and venue of the federal and state courts of the United States and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum.
For an official winner list, send an email to firstname.lastname@example.org with the sweepstakes name in the subject line.
GiftCard Purchase Information
As of June 2013
Americana Manhasset GiftCards are not redeemable for cash or refunds and CANNOT be returned.
Online purchases from this section of the website may be made by residents of the U.S., for delivery to clients in the continental U.S.
For the Americana Manhasset GiftCard Cardholder Agreement, click here.
Americana Manhasset GiftCards are quoted in U.S. dollars.
Americana Manhasset accepts the following forms of payment for online purchases:
- American Express
The transaction will be charged to your credit card only after Americana Manhasset has verified your card details, received credit authorization, and your order is ready to be shipped. Your credit card will not be charged at the time you submit your order.
Once an Americana Manhasset GiftCard order is processed, the GiftCard is not redeemable for cash or refunds.
If you wish to cancel or modify your order, please send an email as soon as possible at email@example.com or call us at 800.818.6767. We will make every effort to accommodate your request. However, once a product has left our premises for shipping, the purchase cannot be cancelled or modified.
Errors and Inaccuracies
Our goal is to provide complete, accurate, and up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and to change or update information at any time without prior notice.
For additional assistance concerning our online store or your online purchase, please contact us
516.627.2277 or 800.818.6767
2060 Northern Boulevard
Manhasset, NY 11030
AMERICANA MANHASSET GIFTCARD CARDHOLDER AGREEMENT
Americana Manhasset Concierge Services
Americana Manhasset GiftCard Registry
Americana Manhasset is proud to offer a complimentary GiftCard Registry Program. You can now register yourself, your loved ones, or friends to receive an Americana Manhasset GiftCard for special occasions. The minimum contribution amount per individual for a GiftCard Registry is $25.00. To create a GiftCard Registry or for more information, simply call 516.627.2277 or 800.818.6767.
Individuals can now contribute to a GiftCard online at americanamanhasset.com!
You can also contribute in person or by phone at Americana Manhasset's Concierge by providing a valid credit card. By participating in the GiftCard Registry Program, you authorize Americana Manhasset to release a GiftCard to the Registry Contact Person who initially set up the GiftCard Registry.
Personal Shopping Service
Americana Manhasset offers a complimentary Personal Shopping Service. We are here to offer shopping assistance of any kind from our entire collection of stores. If you need a Personal Shopper call 800.818.6767.
American Express® GiftCard Cardholder Agreement for Americana Manhasset
These terms and conditions govern your use of the American Express® Gift Card for Americana Manhasset ("Terms and Conditions"). By purchasing, signing or using the American Express Gift Card for Americana Manhasset ("Card"), you are agreeing to these Terms and Conditions.
The terms "you" and "your" refer to the person who purchased the Card and/or the person who is using the Card. The terms "we" "our" and "us" refer to American Express Travel Related Services Company, Inc. and its subsidiaries and licensees that issue prepaid cards, including American Express Prepaid Card Management Corporation ("AEPCMC"), the issuer of the Card.
Frequently Asked Questions about the Card
Is the Card a debit charge or credit card?
No. The Card is a prepaid payment device with a dollar value that is either printed on the front of the Card or a "variable load" amount that is selected at the time of purchase. The Card is not a credit, charge or debit card. The Card is not transferable.
Is the Card ready to use immediately?
In most cases, as soon as you sign the back of the Card, it is ready for use. However, in some cases, it may be inactive for up to four hours after purchase.
How do I check my Available Balance?
The value on the Card at anytime is its "Available Balance." You may check your available balance at www.americanamanhasset.com or 800.297.6277
How is the Card used to make retail purchases?
Present the Card to the cashier for payment and tell him/her it is a gift card. Sign the receipt with the same signature you used to sign the back of the Card. Retain the receipt as a record of the purchase.
Are there any fees for the use of the Card after purchase?
This Card has NO FEES AFTER PURCHASE (including dormancy, service or other fees).
Do the funds on the Card expire?
No, the funds on the Card do not expire.
If the funds do not expire, what is the "valid thru" date on the front of the Card?
The "valid thru" date on the back of the Card is the date through which your physical plastic card must be used. This date is required to process transactions at merchants that request a plastic expiration date. Even if the "valid thru" date has passed on the Card, its Available Balance remains unchanged and intact. In order to keep making purchases with your Available Balance, after a Card's "valid thru" date has passed, please call 800.297.6277 for a free replacement Card.
Should the card number be written down?
Yes, you should write down the Card number, along with the customer service number 800.297.6277 and card security code (referred to also as the "Card Identification Number" or "CID") and keep these in a safe place! You will need the Card number and CID to check your balance or replace the Card if it is lost or stolen.
Should the receipt from the purchase of the Card be kept?
We strongly suggest that you keep the receipt from the purchase of the Card, as we may require it for a refund, exchange or replacement.
Where can the Card be used? Are there any usage restrictions?
This Card may only be used at shops and restaurants that accept American Express Cards which are located in Americana Manhasset or Wheatley Plaza shopping centers within the United States. It is not for use outside Americana Manhasset or Wheatley Plaza shopping centers or for online or mail order purchases. A location where the Gift Card can be used is referred to in these Terms and Conditions as a "Merchant." The Card cannot be used for ATM cash withdrawals or for recurring billing charges (such as monthly utilities or subscriptions). You may use the Card to make final payments, but may not be able to use the Card to make reservations or deposits. Except where required by law, the Card is not redeemable for cash. The Card may not be used for unlawful purposes. The Gift Card cannot be used at airline, cruise line, hotel, car rental, gasoline, telecom merchants, or at casinos or ATMs.
How is the balance on the Card calculated?
There are two ways that your Available Balance may be decreased. First, if you make a purchase with the Card, we will deduct the full amount of that purchase, including taxes and any other fees, from the Available Balance. Second, if you use the Card and the Merchant authorizes for an amount greater than the actual purchase (e.g., when you use the Card at a merchant expecting a gratuity), the Available Balance will be temporarily decreased by the amount of the authorization until the actual transaction posts, which typically occurs within 3 business days. Only the final amount of the purchase will ultimately be deducted from the Available Balance. Once the Available Balance reaches zero ($0), the Card is no longer valid and you agree that you will no longer use it. However, if a transaction occurs despite an insufficient Available Balance on the Gift Card, you agree to reimburse us, upon request, for the amount of the negative balance created on the GiftCard.
Can the Card be used if its Available Balance does not cover the total purchase price?
Depending on the Merchant's policy, you may be able to use the Card with another form of payment, such as cash, check or another card, to make a purchase. This is known as a "Split Tender Transaction." To make a purchase for more than the Available Balance on the Card:
- Present the Card for payment and tell the cashier it is a GiftCard.
- Tell the cashier the Available Balance and ask whether another form of payment will be accepted for the balance of the purchase.
- Before the Card is "swiped," tell the cashier to only authorize the Card for the Available Balance.
- If the Card is declined, remind the cashier of the Available Balance.
- Be prepared to provide a second form of payment to cover the balance of your purchase. Some Merchants may only allow you to use cash or check, but not another card, as the second form of payment. Some Merchants do not permit a second form of payment at all. We do not guarantee that a Merchant will permit a Split Tender Transaction. If you are having difficulty making a Split Tender Transaction or using the Available Balance on the card please call 800.297.6277 for assistance.
How should the Card be used at restaurants, hair salons or other merchants that may be expecting a gratuity?
Restaurants, hair salons and some other types of Merchants will obtain an authorization on the Card for an amount up to 20% more than the total service bill to cover any gratuity that may be added. Be sure that the balance on the Card is sufficient to cover the cost of the bill plus any anticipated gratuity. If the Card is declined, ask the Merchant to obtain an authorization for an amount equal to or less than the Available Balance.
What if the Card is lost or stolen?
If the Card or Card number is lost or stolen, contact us immediately at 800.297.6277. You must provide your name, address, Card number, CID and other details for identification purposes. You agree to give us all reasonable information to help make a complete investigation of the loss or theft of the Card. If the Card or Card number is reported by you as lost or stolen, we will issue you a replacement Card with a value equal to the Available Balance on the Card at the time you notified us of the loss or theft. NO REFUNDS WILL BE PROVIDED FOR AMOUNTS DEBITED FROM YOUR LOST OR STOLEN CARD BEFORE YOU NOTIFY US.
Can merchandise purchased with the Card be returned?
Merchandise purchased with the Card is subject to, the Merchant's return policies. If the Merchant agrees to issue a credit to the Card this amount may not be reflected in the Available Balance until the credit posts, which may take up to seven days.
Can a charge made with the Card be disputed?
No. Purchases made with the Card are similar to those made with cash, in that you cannot "stop payment" or lodge a "billing dispute" on purchases made with the Card. Any problems or disputes you have regarding a purchase should be addressed directly with the Merchant.
Other Important Notices
No Warranties: We are not responsible or liable to you (i) for any interruption of Card service, (ii) for the quality, safety, legality, or any other aspect of any goods or services purchased from any Merchant with the Card, (iii) if any Merchant refuses to honor the Card or special offers and/or (iv) for any other problems you may have with any Merchant. If a Merchant fails to honor the Card, please call 800.297.6277 to report the incident.
Changing these Terms and Conditions: We may change the terms of, or add new terms to, these Terms and Conditions at any time, with or without notice, subject to applicable law. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with the Card, with or without notice, subject to applicable law. Any notice given by us shall be deemed given when deposited in the United States mail, postage prepaid, addressed to you at the latest address shown on our records or when such notice is posted on our web site. The most up-to-date Terms and Conditions may always be found at americanamanhasset.com.
Assignment and Waiver: We may assign these Terms and Conditions to a third party at any time without notice to you. However, if we assign these Terms and Conditions, the terms will remain substantially and materially the same unless you are notified. If we reimburse you for a refund claim you have made for a lost or stolen Card, or if we otherwise provide you with a credit or payment with respect to any problem arising out of any transaction made with the Card, you are automatically deemed to assign and transfer to us any rights and claims, excluding tort claims, that you have, had or may have against any third party for an amount equal to the amount we have paid to you or credited to the Card. You agree that you will not pursue any claim against, or reimbursement from, such third party for the amount that we paid or credited to the Card, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited. Neither our failure to exercise any of our rights under these Terms and Conditions, nor our delay in enforcing or exercising any of our rights, shall constitute a waiver of such rights. If we waive any right under these Terms and Conditions on one occasion, such waiver shall not operate as a waiver as to any other occasion.
Data Protection and Privacy: During any Customer Service call, we may request that you provide the card security code printed on the front of the Card, as well as additional identification information such as your home phone number, date of birth, and zip code. We may also obtain personal information ("Cardholder Information") about you, including information (i) provided to us by the Card purchaser, such as your name and/or your address, (ii) provided by you at the time of activation or during customer service calls, and (iii) about purchases made with the Card, such as the date, the amount and the place of purchase. For purposes of fraud prevention and regulatory compliance, we may also obtain information from providers of identity verification data and demographic information. Only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information. We also maintain physical, electronic, and procedural security measures that comply with federal regulations to safeguard Cardholder Information.
Disclosure: We will use Cardholder Information to process Card transactions, provide customer service, enhance usage at retailers who may require zip code authorization, process claims for lost or stolen Cards and help protect against fraud. We also use Cardholder Information for marketing purposes and to conduct research and analysis.
We may provide certain Cardholder Information to companies, including our affiliated companies that perform business operations or services, including marketing services, on our behalf. We may provide certain Cardholder Information to others outside of American Express as permitted by law, such as to government entities or other third parties in response to subpoenas. We may develop marketing programs and send you offer for products and services. We do not share customer addresses with other companies for them to market their own products and services.
Offers / Choice: If you prefer not to receive offers, you may opt out by calling us in the United States toll free at 1.800.722.8614. If you opt out from receiving these offers, we may still send important information about the Card or other American Express products and services to you.
Telephone Monitoring/Recording: From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.
Agreement to Arbitrate Disputes: This Arbitration Provision sets forth the circumstances and procedures under which Claims (defined below) that arise between you and us will be resolved through binding arbitration. This means that neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Other rights that you would have in court also may not be available or may be limited in arbitration, including your right to appeal and your ability to participate in a class action. Nothing in this provision precludes you from filing and pursuing your individual Claim in a small claims court in your state or municipality, so long as that Claim is pending only in that court.
Definitions: As used in this Arbitration Provision, the term "Claim" shall mean and include any claim, dispute or controversy of every kind and nature, whether based in law or equity, between you and us arising from or relating to the Card or these Terms and Conditions, as well as any related or prior agreement that you may have had with us or the relationships resulting from any of the above agreements ("Agreements"), including the validity, enforceability or scope of this Arbitration Provision or the Agreements. "Claim" also includes claims by or against any third party using or providing any product, service or benefit in connection with the Card (including, but not limited to, third parties who accept the Card, third parties who use, provide or participate in programs accessed with the Card, enrollment services and rewards programs, debt collectors and all of their agents, employees, directors and representatives) if and only if, such third party is named as a co-party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. As used in this Arbitration Provision, "you" and "us" also includes any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of any of the foregoing, and any third party using or providing any product, service or benefit in connection with the Card.
Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed (the "Code"), except to the extent the Code conflicts with this Agreement. Claims shall be referred to either JAMS ("JAMS") or the American Arbitration Association ("AAA"), as selected by the party electing to use arbitration. If a selection by us of either of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select the other organization listed to serve as arbitration administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact (1) JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614; www.jamsadr.com, (2) AAA at 335 Madison Avenue, New York, NY 10017, www.adr.org. In addition to the arbitration organizations listed above, Claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sections 1-16, provided that any such arbitration organization and arbitrator(s) will enforce the terms of the Restrictions on Arbitration provision set forth below.
Class Action Waiver and Other Restrictions: Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to Claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms and Conditions (including the "Continuation" provision below), and without waiving either party's right of appeal, if any portion of this "Class Action Waiver and Other Restrictions" provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply.
Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended ("FAA"), and the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law. Federal or state rules of civil procedure or evidence shall not apply. Written requests to expand the scope of discovery rest within the arbitrator's sole discretion and shall be determined pursuant to the applicable Code. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the written arbitral award may be entered in any court having jurisdiction. Subject to the right of appeal under the FAA, the arbitrator's written decision will be final and binding unless you or we take an appeal from the award by making a dated, written request to the arbitration organization within 30 days from the date of entry of the written arbitral award. A three-arbitrator panel administered by the same arbitration organization shall consider anew any aspect of the award objected to by the appellant, conduct an arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant's written notice. The panel's majority vote decision shall be final and binding.
Location of Arbitration/Payment of Fees: The arbitration shall take place in the federal judicial district of your residence. Irrespective of who prevails in arbitration, you will only be responsible for paying your share, if any, of the arbitration fees required by the applicable Code, which amount shall not exceed the filing fees you would have incurred if the Claim had been brought in the appropriate state or federal court closest to your residence. We will pay the remainder of any arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees. Waivers also may be available from the JAMS or AAA.
Continuation: This Arbitration Provision shall survive termination of the Card, as well as voluntary payment in full of any Shortages, any debt collection proceeding by or between you and us, and any bankruptcy by you or us. If any portion of this Arbitration Provision, except the "Class Action Waiver and Other Restrictions" provision above, is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Arbitration Provision, these Terms and Conditions or any predecessor agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
These Terms and Conditions and the Card, and all questions about their legality, enforceability and interpretation, are governed by the laws of the State of New York, USA (without regard to internal principles of conflicts of law).
YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS
By using the Card you agree to be bound by these Terms and Conditions in their entirety. Should you wish not to be bound by these Terms and Conditions in their entirety you must, prior to using the Card, request and obtain a refund of the value of the card by calling the 800.297.6277.
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