General Terms

Miller’s Ale House Gift Cards are the property of Miller’s Ale House of Virginia, LLC (“Miller’s).  These Miller’s Ale House Gift Card Terms and Conditions (“Terms and Conditions”) apply in addition to the Terms of Use and Privacy Policy set forth on the millersalehouse.com website, which are expressly incorporated herein.

IMPORTANT: THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.  THIS MEANS THAT YOU AND MILLER’S ALE HOUSE ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.  IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Nonreturnable; not reloadable; not for resale.

Notwithstanding anything contained in these Terms and Conditions, Miller’s Ale House plastic Gift Cards and eGift Cards (“Miller’s Gift Cards”) are not returnable or refundable for cash except in states where required by law. Resale of Miller’s Gift Cards is strictly prohibited.  Miller’s Gift Cards are not reloadable.

Acceptance locations.

Unless other restrictions apply, Miller’s Ale House Gift Cards may be used at any Miller’s Ale House restaurant in the United States, or online at millersalehouse.com when placing online orders.

Lost or Stolen Gift Card.

Lost or stolen cards will not be replaced. Miller’s has no liability to you for (i) lost or stolen Miller’s Gift Cards or (ii) use of any of your purchased Miller’s Gift Cards by third parties. You are solely responsible for keeping Gift Cards safe and in your possession.

Liability.

The balance on any Gift Card is solely the liability of Miller’s Ale House of Virginia, LLC.

Miller’s Gift Cards Do Not Expire.

Miller’s Ale House gift cards never expire.

Not for promotional use; no affiliation/endorsement by Miller’s.

Miller’s 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).

The use of Miller’s Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Miller’s Ale House or any of its subsidiaries or affiliates is prohibited.

Compliance with laws.

By purchasing Miller’s Gift Cards, you are certifying and representing to Miller’s that the activities in connection with which the Miller’s Gift Cards will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, and that the Miller’s Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Miller’s. In addition, you agree to defend and indemnify Miller’s Ale House of Virginia, LLC, and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Miller’s Gift Cards or violation of any of these Terms and Conditions.

Miller’s Gift Card Balance is an Estimate.

The balance you see when viewing Miller’s Gift Card balances online or receive by calling 1-866-630-7162 is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online or in stores, but there may be occasions when the updated balance is delayed for a period of time.

Disputes & Arbitration

PLEASE READ THIS SECTION CAREFULLY.  IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.  This arbitration provision provides that you and Miller’s waive any right to file a lawsuit in court or participate in a class action for matters within its terms.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND MILLER’S ALE HOUSE OF VIRGINIA, LLC, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL, SINGLE ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT MILLER’S AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY.   DISPUTE SHALL BE INTERPRETED AS BROADLY AS PERMITTED UNDER THE LAW AND SHALL COVER ANY CLAIMS THAT AROSE BEFORE THESE OR ANY PRIOR TERMS AND CONDITIONS.  YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; AS SET FORTH BELOW, CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.  The arbitration will be administered by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures.  The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at https://www.jamsadr.com/rules-streamlined-arbitration/. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances.

This arbitration provision shall survive any termination of these Terms and Conditions.  Any amendments to this arbitration provision shall not affect any pending asserted claim or arbitration proceeding.

Applicable Law

Use of a Miller’s Gift Card is governed by the laws of Virginia.  The law applicable to the interpretation and construction of these Terms and Conditions in any arbitration shall be the Federal Arbitration Act, applicable federal laws, and the laws of Virginia without regard to principles of conflicts of laws.

Updates to Terms and Conditions

Miller’s may update these Terms and Conditions at any time. We recommend that you check these Terms and Conditions periodically for changes.