Gift Card Terms and Conditions

The following are the terms and conditions (“Terms and Conditions”) governing the purchase and use of a Nightforce Optics gift card (“Gift Card”). In these Terms and Conditions, “Nightforce” shall mean and refer to Lightforce USA, Incorporated, dba Nightforce Optics, together with its parents, subsidiaries and affiliates. These Terms and Conditions are in addition to Nightforce’s Website Terms and Conditions of Use and Privacy Policy, which are incorporated as if set forth in full herein.

General Terms

• A Gift Card may be purchased in any amount not to exceed $500.00.
• A Gift Card may only be used for payment when making a purchase from Nightforce Optics website, www.nightforceoptics.com.
• Purchases will be deducted from the Gift Card amount until the value reaches zero.
• A Gift Card has no cash value and may not be redeemed for cash.
• A Gift Card cannot be reloaded and expires 5 years from the date of initial purchase.
• You are solely responsible for the safekeeping and security of your Gift Card and Nightforce is not responsible for lost or stolen cards.
• A Gift Card is not for resale or transfer.

Use of Gift Card in Violation of these Terms and Conditions

By using a Gift Card, you agree to comply with these Terms and Conditions. Without notice to you, Nightforce reserves the right to void any Gift Card without a refund, if we determine that a Gift Card has been fraudulently or unlawfully obtained or used, or otherwise violates these Terms and Conditions.

Limitation of Liability

In no event shall Nightforce, or its affiliates and representatives, be liable for any indirect, punitive, special, incidental, or consequential damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), regardless how the same may arise, whether in contract, negligence or other tortious action, or arising out of or in connection with purchase or use of a Gift Card. The sole remedy, and Nightforce’s sole liability, for a defective Gift Card or transaction shall be a replacement of that Gift Card.

Governing Law; Venue

By purchasing or using a Gift Card, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Idaho, excluding choice of law principles, and you also agree that any legal action or proceeding relative to the purchase or use of a Gift Card may be instituted in a state or federal court located in Ada County, Idaho, subject to the arbitration provision set forth above. You hereby agree and consent to the personal jurisdiction of any such court or tribunal.

Waiver of Jury Trial and Arbitration

YOU HEREBY EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY. Any controversy or
claim arising out of or relating to the purchase or use of a Gift Card shall be settled by arbitration administered by the American Arbitration Association. The number of arbitrators shall be three. The place of arbitration shall be Boise, Idaho. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. The prevailing party shall be entitled to an award of costs and fees.

Changes to Terms of Use

Nightforce reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. Nightforce will provide you with notice of any updated Terms and Conditions by posting the same on Nightforce’s website, and such updated Terms and Conditions will be deemed effective upon posting. Nightforce encourages you to check our website regularly to review the most current Terms and Conditions.

Effective Date: Mar. 9th 2021