In-N-Out Burgers
Gift Card User Agreement

This Gift Card User Agreement contains terms and conditions (“Terms and Conditions”) applicable to the In-N-Out Burgers Gift Card. Please read these Terms and Conditions carefully and keep a copy for your records. By accepting and using your Card, you agree to be bound by these Terms and Conditions.

In these Terms and Conditions, the “Card” means the In-N-Out Burgers Gift Card issued by In-N-Out Burgers. “You” and “Your” refer to the person who has purchased or received the Card. “We,” “Us,” “Our,” and “In-N-Out” refer to In-N-Out Burgers.

Sale of Cards: In-N-Out offers Cards for sale only at participating In-N-Out locations or at www.in-n-out.com. We, in our sole discretion, may refuse to sell a Card to any individual for any reason. In-N-Out also does not represent or warrant that your Card will always be accessible or accepted.

Card Transactions. You may use your Card to pay for purchases only at participating In-N-Out locations. Upon any purchase using the Card, the amount available on the Card will be reduced by the amount of such purchase. The use of the Card for purchases constitutes a demand against and withdrawal from the remaining value on your Card. You must have sufficient, available funds on a Card to pay for any purchase or pay any difference between the available funds and the purchase amount by cash, or credit card. You may reload Cards at participating In-N-Out locations in an amount not less than $5.00. The maximum amount of available funds on a Card shall not exceed $100.00 at any time. You may use your Card only in the manner and for the purposes authorized by these Terms and Conditions. It is your responsibility to ensure you receive a receipt for each Card you purchase and verify that the card number listed on the receipt matches the numbers printed on each card. We recommend you verify this information with each purchase completed with your Card, and retain all receipts for your records. You do not have the right to stop payment on any transaction originated by use of your Card. You are responsible for all transactions initiated by use of your Card.

Card Balance. You may check the available balance on your Card at any In-N-Out location, or by calling 1-888-914-4438 (24 hours a day, 7 days a week) or at www.in-n-out.com. The available balance on a Card shall equal the amount of funds for such Card as reflected on our records; if it does not, we will only make changes if you can prove otherwise to our satisfaction.

Card Balance Refund. Upon request, In-N-Out will issue a cash refund at any of its restaurants if you Card has a value less than $10.00. In-N-Out will, at its sole discretion, consider a request to redeem a Card that has a remaining cash value of greater than $10.00. If you would like to request a refund for a Card with a remaining cash value of $10.00 or more, please mail (1) the Card or, if you do not have the Card, the original receipt or proof of purchase for the Card and (2) a completed Gift Card Refund Form (which may be obtained at any participating In-N-Out location) to us at the following address: In-N-Out Burger, Gift Card Refund, P.O. Box 4968, Irvine, California 92616-9998. Please mail your Card in a manner to track the shipment, as we are not responsible for the Card until we receive it. We are not obligated to issue you a refund of a Card with a balance of $10.00 or more, and we will return the Card to you if we decide not to issue you payment redemption for such Card. If we decide to issue you a refund, the refund will be issued via check or credit card [refund] as described below. Please note that this also applies to Cards received as gifts. If you return a Card with a value of $10.00 or more that was originally purchased by a credit card, the purchaser will receive a refund to the credit card used to make the purchase. Please allow three or four weeks to process refunds. In-N-Out is not responsible for errors in the address and phone number entered on the Gift Card Refund Form.

Lost, Stolen or Damaged Cards. Notify us AT ONCE if you believe your Card has been lost, stolen or damaged by calling 1-800-786-1000 (24 hours a day, 7 days a week) or writing to us at the following address: In-N-Out Burgers, Customer Service Department, 4199 Campus Drive, Ninth Floor, Irvine, CA 92612. Upon presentation of the original receipt for the purchase/activation of the card, In-N-Out may issue a replacement Card in the amount of the then remaining balance. We reserve the right not to accept any Card or to otherwise limit the use of a Card if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful.

Privacy Statement. For more information regarding how we collect, use and disclose information concerning the Card, you should refer to In-N-Out’s Privacy Policy at www.in-n-out.com/privacy.asp.

Amendments. We may amend these Terms and Conditions at any time by posting updated or revised Terms and Conditions on this website. Please check this website frequently for any updates or revisions to these Terms and Conditions.

Severability/No Waiver. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable for any reason, then such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms and Conditions.

Governing Law. These Terms and Conditions are subject to the laws of the State of California without giving effect to the principle of conflicts of laws.

Arbitration Rights. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us arising out of or relating to this agreement or your use of the Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.

Arbitration Procedures. You must first present any claim or dispute to us by contacting our Customer Service Department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at www.adr.org. You and we agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in Orange County, California, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.

Costs of Arbitration. All administrative fees and expenses of arbitration will be divided equally between you and us, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.

Waiver of Punitive Damage Claims and Class Actions. By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.

Disclaimers and Limits of Liability. IN-N-OUT MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN-N-OUT DOES NOT REPRESENT OR WARRANT THAT YOUR CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.

IN THE EVENT THAT IN-N-OUT IS FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR CARD. IN-N-OUT SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL IN-N-OUT HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.

The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.

Entire Agreement; Construction. This agreement is the complete and exclusive statement of agreement between you and In-N-Out, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.

Inquiries or Questions. If you have any questions regarding this agreement or your Card, please call 1-800-786-1000, 1-888-914-4438 or visit our web site at www.in-n-out.com.