GIFT CARD TERMS AND CONDITIONS
The following terms and conditions (the “Terms”) apply to the purchase and use of Tuffy Gift Cards and Tuffy eGift Cards (collectively, “Gift Cards”). Tuffy Gift Cards are issued by Bestop Tuffy, llc. Your purchase and use of the Gift Cards constitute your agreement to follow and be bound by these Terms.
If you receive a Gift Card or gift certificate or similar in connection with a contest, sweepstakes, giveaway, or other promotional event, receipt of the Gift Card constitutes your agreement to follow and be bound by these Terms. For any Gift Card or gift certificate or similar received in connection with a contest, sweepstakes, giveaway, or other promotional event, if there is a conflict between these Terms and the terms of the applicable promotion as it relates to Gift Cards, the terms of the promotion will apply.
Redemption & Use
Gift Cards are redeemable online only at Bestop.com, Softopper.com and TuffyProducts.com. Gift Cards may not be returned, exchanged, or applied as payment on any account. Gift Cards may not be redeemed for cash and Gift Cards are not assignable, except as required by law. Coupons or discounts cannot be applied to the purchase of Gift Cards. Other limitations on use of Gift Cards may be set forth on Tuffy’s websites.
Balance Inquiry
For balance inquiries and to obtain information about Gift Cards, visit tuffyproducts.com/gift-cards or call 800-348-8339.
Expiration & Fees
Except where permitted by applicable law and as set forth herein, Gift Cards do not expire, and there are no fees associated with them. Notwithstanding the foregoing, if you receive a Gift Card or gift certificate or similar in connection with a contest, sweepstakes, giveaway, or other promotional event, your Gift Card will expire in accordance with the terms of the applicable promotion, and your Gift Card may be assessed fees as permitted by applicable laws.
Stolen Cards & Fraud
Tuffy will not be responsible if your Gift Card is used without your permission. Title to and risk of loss for Gift Cards pass to the purchaser upon sale. Please treat your Gift Card like cash and safeguard it accordingly. Tuffy and its affiliates reserve the right to refuse to accept Gift Cards that Tuffy suspects or believes were obtained fraudulently.
Limitation of Liability
GIFT CARDS ARE PROVIDED ON AN ‘AS IS’ BASIS, AND TUFFY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TUFFY AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT YOUR GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. TUFFY AND ITS AFFILIATES AND ITS VENDORS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE GIFT CARDS OR USE OF SUCH GIFT CARDS. IN THE EVENT THAT TUFFY OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN JURISDICTIONS WHERE PROHIBITED BY LAW.
Dispute Resolution & Applicable Law
In the event that our Customer Service team is unable to resolve your concern, any disputes arising out of your purchase or use of the Gift Cards or these Terms will be resolved entirely through binding confidential arbitration in Denver, Colorado. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent: Bestop Tuffy, llc, 25733 Road H, Cortez, CO 81321.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR TUFFY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Applicable Law
The law applicable to the interpretation and construction of these Terms shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Colorado, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to the Gift Cards or use of the Gift Cards, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado.
General Terms
We reserve the right to make changes to these Terms, at any time without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that term and condition shall be deemed severable and will not affect the validity and enforceability of any remaining terms or conditions.