GIFT CARD TERMS & CONDITIONS
These True Timber Gift Card Terms & Conditions (“Terms & Conditions”) apply to the True Timber Gift Card and E-Gift Card (collectively referred to as the “Card”). In these Terms & Conditions, “you” and “your” refer to the person who has purchased, received, or used the Card, and “we,” “us,” “our,” and “True Timber” means True Timber Outdoors Holding Company, LLC, the issuer of the Card and all of its past, present, and future parents, subsidiaries, partners, and affiliates, and their respective directors, officers, agents, employees, attorneys, predecessors, successors, and assigns. By purchasing, accepting, retaining or using the Card, you agree to these Terms & Conditions and the terms and conditions listed on the Card.
THESE TERMS & CONDITIONS CONTAIN A DISPUTE RESOLUTION SECTION THAT INCLUDES AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THESE PROVISIONS CAREFULLY.
- Customer Service or Balance Inquiries:For customer service or balance inquiries, call (864) 472-1720 or email customerservice@truetimber.com.
- Use:The Card is redeemable for merchandise only at True Timber retail locations, catalogs, or online at com. These locations are subject to change without notice. If you want to use your Card to make a purchase that exceeds the available balance on the Card, you must combine the use of the Card with additional payment from another funding source. You agree that we are not responsible if you do not have enough funds on your Card to facilitate a transaction. Please review these Terms & Conditions periodically to learn of any changes.
- Cash Redemption:Except as required by law, the Card is not redeemable or exchangeable for cash, check, or credit.
- Prohibition on Resale: The resale of the Card is prohibited.
- Not Reloadable:The Card is not a credit or debit card and is not reloadable.
- Inspection of Card: You agree to inspect a Card to ensure it is not damaged or altered prior to purchase or activation.
- Lost, Stolen, or Compromised:A lost, stolen, or compromised Card will not be replaced. We shall have no liability to you for any: (a) lost, stolen, or compromised Card or the funds on it or (b) use of a Card or the funds on it. You are solely responsible for the security of your Card and for any activity on it. If lost, stolen, or compromised, we may replace a Card for any remaining value if satisfactory proof of purchase is provided in our sole discretion.
- No Expiration:The Card does not expire and is valid until redeemed.
- Correction of Errors; Suspension, Deactivation or Cancellation: We reserve the right to correct the Card balance if we believe that a clerical, billing or accounting error has occurred. You agree that we may deactivate, cancel or suspend any Card and freeze any associated Card funds if we suspect fraud, unlawful activity or improper Card use, or if you attempt to circumvent any of these Terms and Conditions.
- Issuer:The Card issuer is True Timber Outdoors Holding Company, LLC.
- Trademark and Logo: Use of our name, logo, trade dress (including any image or likeness of the Cards) or trademarks in connection with the purchase or use of Cards is strictly prohibited. The use of 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, us is prohibited. Furthermore, the use of our name, logo, trade dress or trademarks by any third party to resell gift cards is strictly prohibited.
- Amendments:We may, in our sole discretion, to the extent permitted by law, at any time amend these Terms & Conditions by posting revised Terms & Conditions. Please check back here for any amendments to these Terms & Conditions. Any amendments shall apply to outstanding Cards and all Card transactions that occur on or after the effective date of the amendments, unless otherwise indicated by us. By the acts of purchasing, accepting, and/or using the Card after the effective date of any amendment to the Terms & Conditions, you have communicated your consent to the amendment.
- No Waiver:Our rights to enforce any provision of these Terms & Conditions shall not be waived by any failure by us to enforce the strict performance of any provision of these Terms & Conditions.
- Severability:Except as otherwise specifically provided herein, if any provision of these Terms & Conditions shall be deemed unlawful, void, or unenforceable for any reason, the remaining provisions shall not be affected, and these Terms & Conditions shall be interpreted as if the invalid provision was not a part hereof.
- Governing Law and Venue:By purchasing, accepting, retaining, or using the Card, you have agreed that the laws of the state of Missouri, without regard to principles of conflicts of laws, will govern these Terms & Conditions and any Disputes (defined below) arising under them, except as otherwise specifically provided herein. If the arbitration agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, or there is a challenge to the enforceability of these Terms & Conditions, you irrevocably consent to the exclusive jurisdiction of the federal and state courts encompassing Greene County, Missouri, for purposes of any legal action and waive any objections as to personal jurisdiction and to the laying of venue in such courts due to: (1) inconvenient forum or (2) any other basis or right to seek to transfer or change venue of any such action to another court.
- DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER)
- Arbitration Agreement:
- Binding Individual Arbitration: Except where prohibited by applicable law, any dispute or claim arising out of or relating to these Terms & Conditions, your purchase, acceptance, retention, or use of a Card, or your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”), will be resolved through binding individual arbitration, except that either you or we may elect to have a Dispute heard in small claims court so long as it is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance unless you and we agree otherwise. Dispute shall be interpreted broadly and include, but not be limited to: (1) any dispute or claim that arose before the existence of these or any prior terms (including, but not limited to, claims relating to advertising); (2) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (3) any dispute or claim that may arise after termination of these Terms & Conditions. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following, which are for a court of competent jurisdiction to decide: (1) issues that are reserved for a court in these Terms & Conditions; (2) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, jury trial waiver, or any of the provisions of this Dispute Resolution section; and (3) issues that relate to the arbitrability of any Dispute. These Terms & Conditions and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that these Terms & Conditions evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law (not state arbitration law).
- Mandatory Informal Dispute Resolution Process: Except where prohibited by applicable law, mindful of the costs and burdens associated with legal disputes, not only in dollars but also in time and energy, both you and we agree to the following informal dispute resolution procedure before you or we may initiate arbitration. In the event of any Dispute that arises between you and us, the party asserting the Dispute shall first send written notice to the other party that includes all of the following information: (1) contact information (including name, address, email address, and telephone number); (2) a detailed description of the nature and basis of the Dispute and any claims; (3) a detailed description of the relief sought, including a good faith calculation for it; and (4) information sufficient to identify any Card and transaction at issue. The notice must be personally signed by the party asserting the Dispute (and counsel, if represented). Your notice to us must be sent to True Timber Outdoors Holding Company, LLC, Attn: Legal Department, 2500 East Kearney Street, Springfield, MO 65898. Our notice to you must be sent to the most recent contact information we have on file for you. For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and our representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) shall be tolled from the date of receipt of a completed notice through the conclusion of this Process. You or we may commence arbitration only if the Dispute is not resolved through this Process.
- Arbitration Procedures: The arbitration of any Dispute shall be administered by and conducted in accordance with the applicable rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules and Supplementary Rules (where appropriate) (“AAA Rules”), as modified by this arbitration agreement. The AAA Rules are available online at www.adr.org. You and we understand and agree that the AAA’s administrative determination to register this arbitration agreement means it comports with the Consumer Due Process Protocol and that this determination is final and neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so. An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). If you are submitting an arbitration demand, you shall send it to us at True Timber Outdoors Holding Company, LLC, Attn: Legal Department, 2500 East Kearney Street, Springfield, MO 65898 and follow the AAA Rules for initiating arbitration. If we are submitting an arbitration demand, we shall send it to the most recent contact information we have on file for you and follow the AAA Rules for initiating arbitration. By submitting an arbitration demand, the party and counsel represent that, as in federal court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $10,000 or more or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You and our representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief, only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Terms of Use as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered to the fullest extent permitted by applicable law.
- Costs of Arbitration: Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
- Additional Procedures for Mass Arbitration: You and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Mass Arbitration. If 25 or more similar claims (including your Dispute) are asserted against us by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the claims, streamline procedures, address the exchange of information, modify the number of cases to be adjudicated, and conserve the parties’ and the AAA’s resources. If your Dispute is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
- STAGE ONE: If at least 50 claims are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for us shall each select 25 claims (50 total) to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of claims to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50, all shall proceed individually in Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with mediator jointly selected by counsel in an effort to resolve the remaining claims (as informed by the adjudications of cases in Stage One), and we shall pay the mediator’s fee.
- STAGE TWO: If the remaining claims that are part of the Mass Arbitration have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for us shall each select 50 claims per side (100 total) to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of claims to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 100, all shall proceed individually in Stage Two). No more than two cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining claims with a mediator jointly selected by counsel in an effort to resolve the remaining claims (as informed by the adjudications of cases in Stages One and Two), and we shall pay the mediator’s fee.
- Upon the completion of the mediation set forth in Stage Two, each remaining claim (if any), including your Dispute (if applicable), that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms of Use, including the other provisions of this Dispute Resolution section. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining claims in individual arbitrations consistent with the process set forth in Stage Two (except cases shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Additional Procedures for Mass Arbitration provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms of Use, including the other provisions of this Dispute Resolution section.
- Future Changes to Arbitration Agreement: If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to us within 30 days of the change at True Timber Outdoors Holding Company, LLC, Attn: Legal Department, 2500 East Kearney Street, Springfield, MO 65898 with a clear statement that you wish to opt out of changes to the arbitration agreement. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with this version of the arbitration agreement.
- Class Action Waiver; Jury Trial Waiver: EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN LITIGATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.
- You may not resell the Card for value (without authorization from us). If you do, then we reserve the right to: (i) void or cancel the Card; (ii) consider all Card transactions following the resale unauthorized; and (iii) retain all funds associated with your Card.
- TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY CARD, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT CARD. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO THE YOU OR ANY OTHER PARTY OR ITS AFFILIATES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, REGARDLESS OF THE FORM OF THE ACTION OR THE THEORY OF RECOVERY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES RESULTING DIRECTLY OR INDIRECTLY FROM: (A) 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; (B) ANY CIRCUMSTANCES BEYOND OUR CONTROL; (C) THE USE OF THE CARD BEING SUSPENDED OR PROHIBITED BECAUSE IT HAS BEEN REPORTED LOST OR STOLEN, OR WE BELIEVE IT IS BEING USED SUSPICIOUSLY OR FRAUDULENTLY OR IS BEING SUBJECTED TO UNAUTHORIZED USE; OR (D) INABILITY TO USE A CARD BECAUSE OUR SYSTEM IS NOT WORKING PROPERLY. NOTWITHSTANDING THE FOREGOING AND THE DISCLAIMER OF WARRANTIES IN THESE TERMS AND CONDITIONS, IN THE EVENT THAT WE ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT LOADED ONTO YOUR CARD. The laws of certain states or other jurisdictions may not allow limitations on implied warranties, or the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you.
- Any possession or removal of this Card outside the retail location where such Card is offered prior to proper activation (without authorization from us) constitutes possession of an unauthorized access device that violates applicable law, is against the terms and conditions of this Card, and may result in us (i) voiding or cancelling the Card, (ii) invalidating all Card transactions, and (iii) retaining all funds associated with your Card.
- For a specialty gift card, please see the terms and conditions of that specialty cards from the third party retailer, restaurant, or other business that provides those gift cards.
Gift Cards may be purchased with cash, debit, and credit cards.
Beware when buying re-sold gift cards. The FTC advises to avoid buying gift cards from online auction sites, because the cards may be counterfeit or may have been obtained fraudulently. Beware of gift card scams. If you believe you have been the victim of a gift card scam, promptly contact us at customer.service@truetimber.com as well as law enforcement and the FTC (https://www.ftc.gov/media/70967).