Redemption.
Sage Restaurant Concepts (“SRC”) gift cards (“Gift Cards”) may only be redeemed for purchases of food, beverage, merchandise and tax at participating locations owned and operated by Sage Restaurant Concepts. Purchases are deducted from your Gift Card balance. Any unused balance will remain associated with your Gift Card for future use. If a purchase exceeds your Gift Card balance, the remaining amount must be paid with another payment method. For participating SRC locations and Gift Card balance inquiries, please visit our Gift Cards page. No fees apply to Gift Cards.
Limitations.
Your Gift Card cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law.
Risk of Loss.
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. SRC is not responsible if your Gift Card is lost, stolen or destroyed or your Gift Card is used without your permission. Gift card purchases are non-refundable.
Use of Gift Card in Violation of these Terms and Conditions.
SRC reserves the right to void Gift Cards if we suspect that a Gift Card is obtained, used or applied to purchase fraudulently, unlawfully or otherwise in violation of these terms and conditions.
Limitation of Liability.
SRC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR GIFT CARD BALANCE, 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, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD. CERTAIN 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 THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Disputes.
Any dispute or claim relating in any way to Gift Cards or your Gift Card balance will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: The Corporation Company,1675 Broadway Ste 1200, Denver, CO 80202. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location.
We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
General Terms.
When you purchase, receive or apply a Gift Card to a purchase, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and SRC (and its affiliates) related to your use of a Gift Card. We reserve the right to change these terms and conditions from time to time in our 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 unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
Gift Card Expiration.
SRC gift cards expire five (5) years after the date of issue, except where prohibited by law.
