The following terms and conditions (the "Agreement") apply to the Astros gift certificate (the "Certificate") originally purchased or received by you at Minute Maid Park or at the Astros Team Store. Certificates are issued by the Houston Astros (referred to hereinafter as either "Astros", "we", "us" or "our"). By purchasing a Certificate, accepting and retaining a Certificate, or using a Certificate, you agree to these terms and conditions or as amended. We further reserve the right to change, amend or terminate the format, elements, and terms and conditions of the Certificate program at any time with or without notice in our sole discretion.
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 Certificates SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES THEN IN EFFECT. The arbitration shall take place before one (1) neutral arbitrator in the city of Houston, Texas.
The arbitration will be limited solely to the dispute or controversy between you and the Houston Astros. NEITHER YOU NOR THE ASTROS 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. Any fees associated with a legal claim or arbitrator fees will be the responsibility of the cardholder. 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.
Amended date: December 13, 2012