The Limited Gift Card and Promotional Card Terms and Conditions
About Your Card. The Cards are issued by Issuer. Issuer is responsible for the operation and maintenance of the Gift Card program. Issuer is the sole legal obligor to the Cardholder; provided, however, that Issuer may assign its obligations with respect to the Card at any time, in which case such assignee shall become the Issuer and sole legal obligor to the Cardholder. Issuer’s affiliates and related entities (including without limitation The Limited (“The Limited”)) bear no responsibility or liability for any Cards, and you hereby knowingly release Issuer’s affiliates and related entities (including without limitation The Limited) from any and all liability or claims of any nature whatsoever arising in connection with the Card. Gift Cards can be purchased online at TheLimited.com or from authorized third-party distributors. Gift Cards are not debit or credit cards. Promotional Cards are not gift cards, and may be distributed at Issuer’s discretion in connection with promotional, incentive, loyalty or rewards programs operated by Issuer or its affiliates.
Not for Promotional Use. Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Issuer's prior written approval. Such approval may be conditioned on, among other things, execution of and compliance with Issuer’s standard Gift Card license agreement.
Not for Resale. Gift Card is valid only if obtained online at TheLimited.com or from authorized third-party distributors. Gift Card is not valid and will not be honored, and Issuer will not be liable, if obtained from unauthorized sellers or resellers, including through Internet auction sites.
Transferability. Gift Cards may be given as gifts. Promotional Cards are non-transferable.
Balance Inquiry. For balance inquiry, visit TheLimited.com or call 1-833-855-1441. The balance you receive when inquiring over the telephone or online is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
- Gift Cards do not expire. No fees for inactivity or service fees apply. Issuer reserves the right to refuse to honor any Gift Card in the event of a disputed credit card charge, bounced check or other failure of consideration.
- Promotional Cards may contain expiration dates in Issuer’s discretion. Please refer to the terms of the specific Promotional Card.
Redemption You can use your Card online at TheLimited.com. Cards have no cash value and may not be redeemed for cash (except as required by law). Cards are not redeemable to purchase a Gift Card or towards previously purchased goods or services.
Reloadable Gift Cards are not reloadable on TheLimited.com.
No Refunds No refunds are permitted for purchases of Gift Cards.
Lost, Stolen or Damaged Cards. Lost, stolen or damaged Cards will not be replaced or credited to any account. Cards should be safeguarded accordingly.
Cards Used Without Authorization Cards that have been used without Cardholder's authorization will not be replaced
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER. PLEASE READ THE FOLLOWING SECTIONS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS.The Issuer is committed to customer satisfaction, so if you have a problem or dispute related to a Card, we will try to resolve your concerns. The Limited’s Customer Service Representatives are ready to assist you and address your concerns. Please email customerservice@TheLimited.com or call 1-844-737-7544. In the event that our customer service team is unable to resolve your concern, you may pursue disputes as detailed in the sections below.
- Pre-Arbitration Claim Resolution - For all disputes, you must first give the Issuer an opportunity to resolve the dispute by emailing or writing us at Customer_Resolution@TheLimited.com or 2801 West Tyvola Road, Charlotte, NC 28217, Attn: General Counsel. and providing the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Arbitration Agreement, Class Action Waiver, Punitive Damages Waiver - Any claim between you and the Issuer arising under this Agreement, if unresolved through informal pre-arbitration discussions, will be resolved by binding arbitration. To the extent allowed by applicable law, you agree that you will bring any claim within two (2) years from the date on which such claim or action arose or accrued or it will be irrevocably waived. This provision is applicable in all states to the extent allowed by applicable law. You and the Issuer further agree that any dispute, whether at law or equity, arising out of or relating in any way to this Agreement, your purchase or use of a Card (other than unauthorized use), or to any Cards sold or distributed by the Issuer or The Limited, whether over the phone or online, including, but not limited to, the advertising of, or sales practices and pricing relating to Cards, and any communication, by whatever means, between you and The Limited, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration. Disputes and claims that are within the scope of a small claims court’s authority and claims related to intellectual property, patents, copyrights, moral rights, trademarks and claims of piracy or unauthorized use of our Cards or services are exempt from this arbitration provision, so long as they are brought individually.
You and the Issuer agree that any arbitration under this agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.
You and the Issuer agree to waive the right to trial by jury. You understand and agree that by accepting this Agreement, you and the Issuer are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this provision, you and the Issuer might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be limited or may be waived.
This agreement to arbitrate extends to claims that you assert against other parties, including, without limit, claims against The Limited’s affiliates and related entities.
This agreement to arbitrate evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
This agreement to arbitrate shall survive termination of this Agreement or your discontinued use of the Cards. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and the Issuer 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, mass, consolidated, or combined basis.
Arbitration Procedures - If any dispute between you and the Issuer is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or the Issuer may initiate arbitration proceedings. The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. To begin an arbitration proceeding, you must send a demand to the AAA describing your claim and serve a copy of the demand on the Issuer’s registered agent for service of process, The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801, United States. The AAA’s rules and the form for filing an arbitration claim are available at https://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. If you are unable to pay a filing fee, you will be relieved of the obligation to pay the filing fee, and any disputes in this regard will be decided by the arbitrator. Judgment on the award rendered by the arbitrator, if any, may be entered in any court having jurisdiction thereof. The arbitrator will be mutually agreed to by you and the Issuer.
Limitation of Liability.ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
Governing Law. The laws of the State of North Carolina, without regard to principles of conflict of laws, shall govern this Agreement and use of your Card.
Changes to Agreement. Issuer reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement.
Fraud. Issuer reserves the right to refuse to honor a Card where Issuer suspects that the Card was obtained fraudulently.
Supplemental Terms and Conditions for Electronic Cards
The Limited electronic Gift Cards ("e-Gift Cards") and The Limited electronic Promotional Cards ("e-Promotional Cards" and, collectively with e-Gift Cards, referenced as "e-Cards") are distributed by CashStar Inc., a Delaware corporation ("CashStar"). The remainder of these Supplemental Terms and Conditions for Electronic Cards (the "Supplemental CashStar Terms") relate specifically to The Limited e-Cards purchased through CashStar. CashStar reserves the right to change these Supplemental CashStar Terms from time to time in its discretion.
E-Gift Card Purchase. The Limited e-Gift Cards are available for purchase here. No fees of any kind will be imposed on purchasers or recipients of e-Gift Cards in connection with the sale of e-Gift Cards. Total purchases of The Limited e-Gift Cards for any one individual may not exceed two thousand dollars ($2,000.00) in one calendar day.
Risk of Loss of e-Cards. Ownership and risk of loss of e-Cards passes to the purchaser as soon as CashStar sends its confirmation to the recipient. Neither CashStar nor the Issuer is responsible for lost or stolen e-Cards. If you have any questions, please see the FAQs
E-Card Customer Service If you need assistance with any aspect of your purchase, ownership, or use of your e-Card, please contact Customer Support. Please refer to your order number, or be ready to supply your email address. If you suspect that someone has copied or stolen your e-Card, contact Customer Support immediately.
Delivery Information and Requirements for e-Gift Card Purchasers. All orders of e-Gift Cards are subject to a process that compares purchaser information provided on the TheLimited.cashstar.com web site with information about the purchaser provided by the purchaser's financial institution. If there is a discrepancy, your e-Gift Card order may be delayed until it can be corrected. If you have concerns about your order, please contact Customer Support. Please refer to your order number, or be ready to supply your email address. Neither CashStar nor the Issuer is responsible for e-Cards that are undeliverable or not received due to your failure to enter an accurate email address for the recipient. Please check to make sure the address of the recipient is correct and contact Customer Support if you suspect the recipient did not receive his/her e-Card.
Reasons for Failed Delivery of e-Cards. E-Cards are delivered via email. If you have confirmed the recipient's email address but the e-Card has not been viewed within a reasonable period after the requested delivery date, following is a list of the most common reasons why delivery may have failed:
- Spam filter blocked email or routed it to a bulk/spam folder
- Recipient's firewall blocked the email
- Email inbox is over size limit
- Invalid email address
If a spam filter is blocking The Limited emails from getting to an inbox, the email options will need to be modified so that The Limited emails are not considered spam. If you need further assistance, contact Customer Support. Please refer to your order number, or be ready to supply your email address.
Personalized E-Gift Card Messaging. If you wish to add a personal message to an e-Gift Card, simply type your message in the Message field during the purchase process. Personal messages are limited in length to the space provided on the e-Gift Card. There is no additional charge to include a personalized message. If CashStar finds inappropriate, offensive or otherwise objectionable messages, it reserves the right to cancel them.
CashStar Limitation of Liability. CASHSTAR AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO E-CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF AN E- CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH E-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 MIGHT HAVE ADDITIONAL RIGHTS.