SUMMIT HUT GIFT CARDS ARE SOLD ON THE FOLLOWING TERMS AND CONDITIONS, WHICH PURCHASERS AND USERS OF GIFT CARDS ACKNOWLEDGE AND ACCEPT BY PURCHASING OR USING A GIFT CARD:
- In these Terms: “Gift Card” means both Summit Hut Gift Cards and E-Gift Cards, including associated card identifiers and codes; “owner” means the original purchaser of a Gift Card; and “holder” means any person other than the owner who uses or attempts to use a Gift Card.
- Summit Hut Gift Cards do not expire,* and no dormancy fees or other fees are charged against Gift Card balances.
- Gift Cards are redeemable for merchandise or services, including rentals, only at Summit Hut stores and online at SummitHut.com and other web sites owned or operated by Summit Hut. They are not credit cards and they are not returnable or redeemable for cash or credit, except as and where required by law.
- Purchases that exceed the balance remaining on a Gift Card must be completed by payment of the shortfall in cash or by credit card.
- Balance information or a copy of these Summit Hut Gift Card Terms can be obtained at any Summit Hut store, at http://www.summithut.com/giftcard-balance/SummitHut.com, or by calling 1-800-499-8696.
- Title to Gift Cards, and the risk of loss, passes to the purchaser upon Summit Hut’s electronic transmission of an E-Gift Card to the purchaser or the purchaser’s designated recipient, or upon delivery of a tangible Gift Card to the purchaser or the purchaser’s intended recipient or the carrier, whichever first occurs.
- By purchasing a Gift Card, the owner makes his intended recipient, if any, and every other holder of the card his agent for purposes of redemption. Summit Hut is not responsible if a Gift Card is lost, stolen, destroyed or used without permission. Summit Hut is not required to inquire into or determine the identity of a holder, or to consider whether or not a holder is an authorized holder. If a Gift Card is lost, stolen, destroyed or damaged, or if a necessary identifier or password has been lost or compromised, the card will be canceled and a replacement card will be issued to the owner without charge upon receipt of proof of purchase and a signed Statement of Loss. The replacement card will be in the amount of the balance remaining on the card at the time Summit Hut actually receives proof of purchase and a signed Statement of Loss.
- By submitting a Gift Card or related information to Summit Hut for the purpose of redemption or obtaining balance information, a holder agrees that Summit Hut’s consideration of the submission is valuable to the holder, and the holder agrees to and accepts these Terms on the holder’s own behalf.
- Neither Gift Cards nor the status of holder may be sold, and ownership may not be transferred. Any resale, sale or transfer will be void. The original purchaser of a Gift Card is, and will always be, the sole owner of the Gift Card and the only person to whom Summit Hut has obligations with respect to the Gift Card. Summit Hut may refuse to honor Gift Cards it suspects to be fraudulent, wrongfully obtained, or purchased through internet auction sites or other unauthorized resellers.
- Summit Hut, in its sole discretion, may cancel any Gift Card at any time by delivering to the owner or the holder cash or a check in the amount of the balance then remaining on the Gift Card.
- Summit Hut may disclose information about a Gift Card to its owner or any holder, including but not limited to information about balances, purchases made, and the identity of any holders, at Summit Hut’s sole discretion.
- E-Gift Cards and their use on SummitHut.com are subject to the web site’s general Terms and Conditions and Privacy Statement, as they may change from time to time.
- SUMMIT HUT AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL OR IS NOT HONORED DUE TO DATABASE OR SYSTEM UNAVAILABILITY, CORRUPTION OR FAILURE, OR DUE TO NEGLIGENCE, GROSS NEGLIGENCE OR ANY OTHER REASON BESIDES WILLFUL MISCONDUCT, THE ONLY REMEDY AVAILABLE, AND SUMMIT HUT’S ONLY LIABILITY OR OBLIGATION, SHALL BE REPLACEMENT OF THE GIFT CARD. IN NO EVENT WILL SUMMIT HUT BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES. SOME 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 THESE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- SUMMIT HUT STORES AND SUMMITHUT.COM ARE OWNED AND OPERATED BY SUMMIT HUT, LTD., AN ARIZONA CORPORATION. ALL GIFT CARDS ARE DEEMED PURCHASED IN AND ISSUED FROM THE STATE OF ARIZONA, AND THE LAW OF THE STATE OF ARIZONA, WITHOUT REGARD TO PRINCIPLES OF CHOICE OF LAW, WILL GOVERN THESE TERMS AND ALL USE OF GIFT CARDS. THE ONLY PLACE LAWSUITS RELATING TO GIFT CARDS OR THESE TERMS MAY BE FILED AND MAINTAINED UNTIL APPEAL IS IN COURTS LOCATED IN TUCSON, ARIZONA, EVEN IF INCONVENIENT.
- These Terms express the entire agreement between the purchaser of a Gift Card (and any holder who attempts to use the Gift Card) and Summit Hut regarding Gift Cards. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. Summit Hut Gift Cards are valid for use only in the 50 United States and the District of Columbia.
* Gift Cards issued as part of promotional fulfillment may have an expiration date. See specific promotion for details.