Terms and Conditions – Gift Cards
Simraceway.com Gift Cards (“Gift Cards”) may only be redeemed toward the purchase of the specifically stated program on the gift card or eligible products sold on pdc.simraceway.com.
Purchases are deducted from the redeemer’s Gift Card balance. Any unused Gift Card balance will be placed in the redeemer’s Sears Point account. If a purchase exceeds the redeemer’s Gift Card balance, the remaining amount must be paid with another payment method. No fees apply to Gift Cards.
Gift Cards may not be redeemed for the purchase of products at www.simraceway.com, or any other website owned and operated by us, our affiliates, or any other person or entity, except as indicated by these terms and conditions. Gift Cards 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. Unused Gift Card balances in a Simraceway.com account may not be transferred to another Simraceway.com account.
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. We are not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.
We will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on pdc.simraceway.com or any of its affiliated websites set forth above.
Limitation of Liability.
WE 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, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH 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.
Any dispute or claim relating in any way to Gift Cards 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 Federal Arbitration Act and 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 the terms of these Gift Card terms and conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Sears Point Racing Experience, Turn 1 Sonoma Raceway, 29359 Arnold Drive, CA 95476 . 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. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another 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.
The pdc.simraceway.com terms and conditions of use apply to Gift Cards. When you purchase, receive or redeem a Gift Card, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Gift Card terms and conditions. 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.
Previously Expired Gift Cards:
Gift Cards issued after October 1, 2005 do not expire and may be redeemed for eligible purchases notwithstanding any stated expiration date. Expiration dates also do not apply for any Gift Cards issued prior to October 1, 2005 in CA, CT, LA, ME, MD, MA, MT, NH, ND, OK, RI, VT, WA, or in any other jurisdiction solely to the extent prohibited or limited by law. All other Gift Cards issued prior to October 1, 2005 expire in accordance with their stated terms.