This website and related services are provided subject to your compliance with the terms and conditions set forth below. Please read the following terms and conditions carefully, as your continued use of this site will indicate your agreement to be bound thereby. If you do not agree to be bound by the terms and conditions, please discontinue use of this site.
Acceptance of Terms
shoprestaurantgiftcards.com provides services to you subject to the following Terms of Service (“Terms”). By accessing a shoprestaurantgiftcards.com website (each, a “Site”) on the Internet or World Wide Web and/or clicking on the ‘yes’ button at the bottom of this page, you are agreeing to comply with and be bound by the Terms. If you do not wish to agree to the Terms, do not access or use any part of any Site. In addition, when using particular shoprestaurantgiftcards.com services, you are subject to any posted guidelines or rules applicable to such services or products. All such guidelines and rules applicable to such services or products are hereby incorporated by reference into the Terms. We may refuse any or all of our services to anyone at any time, in our sole discretion. This site is intended for use by individuals who are at least 13 years of age.
Products and Services
Various products including electronic gift cards may be selected and purchased on a Site (“shoprestaurantgiftcards.com Products”). The pricing for shoprestaurantgiftcards.com Products, which is stated in U.S. dollars, is set forth on the applicable Site, and incorporated into these Terms by reference. Please note that prices and fees may change from time to time; the price charged to you will be the price set forth on the Site at the time you place your order. Please place and complete your order carefully. All purchases of shoprestaurantgiftcards.com Products are non-returnable and non-refundable. If you have any questions or problems with your order or the order has not been received within the expected timeframe, please contact us immediately at 1-865-584-4245. Please include your order number in all communications for prompt service.
Use of Site
Proprietary Rights. The Sites contain or may contain information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, pending patents, trade dress or other intellectual or proprietary rights owned by shoprestaurantgiftcards.com or an affiliated company, or other third parties (the “Content”). You acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed. Sites owned by shoprestaurantgiftcards.com, and shoprestaurantgiftcards.com logos, product and service names are trademarks of shoprestaurantgiftcards.com (the “shoprestaurantgiftcards.com Marks”). You agree not to display or use: (i) shoprestaurantgiftcards.com Marks without shoprestaurantgiftcards.com’s written permission and (ii) the Content in any manner without the owner’s written permission.
You agree not to “frame” or “mirror” any Content or third-party content contained on or accessible from a Site on any other server or Internet-based device without the advance written authorization of shoprestaurantgiftcards.com or its affiliates or related entities, respectively.
Your use of a Site is subject to applicable local, state, federal and international law. Your use of a Site in violation hereof could subject you to criminal prosecution and/or personal liability for damages.
You agree not to use a Site or any of the Content for any illegal or harmful purpose. By way of example only, and not as a limitation, you specifically agree not to: (a) upload, post, e-mail, or otherwise transmit any material that is unlawful, indecent, pornographic, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including falsely stating or otherwise misrepresenting your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through a Site; (e) upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other proprietary rights of any party; (g) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt any Site or servers or networks connected to any Site, or disobey any requirements, procedures, policies or regulations of networks connected to any Site; (i) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
shoprestaurantgiftcards.com grants you permission to access and view each of its Sites for the sole purpose of submitting an order. Any other use of the Sites or the Content, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of a Site or the Content. Without limiting the foregoing, unauthorized use of the Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.
Third Party Links, Products and Services
Our products and services may be made available to you through the use of third-party web sites (“Third-Party Portals”). If you accessed a Site through a link from a Third-Party Portal or if a Site provides links to any third-party sites, you agree that we have no control over the content on such sites AND YOU AGREE THAT WE ARE NOT LIABLE FOR THE PRODUCTS AND/OR SERVICES OFFERED ON SUCH THIRD-PARTY SITES. WE ARE NOT RESPONSIBLE FOR AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM THIRD-PARTIES. YOU RELEASE US FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US ARISING FROM YOUR USE OF PRODUCTS OR SERVICES FROM THIRD-PARTIES.
Limitation and Disclaimer of Warranties; Limitation of Liability
You agree that in the event of any damage to or loss of an shoprestaurantgiftcards.com Product by us (or by our licensees, suppliers, fulfillers, owners and operators of Third-Party Portals and Merchants), even through negligence or other fault, our sole obligation (and the sole obligation of our licensees, suppliers, fulfillers, owners, and operators of Third-Party Portals and Merchants), and your sole remedy, is at our option, to replace the lost or damaged shoprestaurantgiftcards.com Product(s) or provide you with a refund or credit, for the cost of the purchase price for lost or damaged shoprestaurantgiftcards.com Product(s). You must submit a claim within thirty (30) days from your date of purchase.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT) ARE EXPRESSLY DISCLAIMED. ALL SITES, CONTENT, AND THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER shoprestaurantgiftcards.com NOR ANY OF ITS AFFILIATED COMPANIES, NOR ANY OF THEIR LICENSEES, SUPPLIERS, FULFILLERS, OWNERS AND OPERATORS OF THIRD-PARTY PORTALS OR MERCHANTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF ANY SITES. THE FOREGOING DISCLAIMER INCLUDES, WITHOUT LIMITATION, A DISCLAIMER OF ANY WARRANTY OR REPRESENTATION THAT THE SITES WILL BE UNINTERRUPTED, RELIABLE, SECURE OR ERROR FREE, OR THAT THE SITES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITES WILL OTHERWISE MEET YOUR EXPECTATIONS.
Under no circumstances shall shoprestaurantgiftcards.com , its affiliates and related entities (or their owners, officers, employees, agents, or licensees, suppliers, fulfillers, owners and operators of Third-Party Portals or Merchants) be liable for damages of any kind, under any legal theory arising out of or in connection with your use of, inability to use, any Site, any Content, or any products or services offered through a Site, including any direct, indirect, incidental, special or consequential damages (including but not limited to damages for loss of profits, use, data or other intangibles) even if shoprestaurantgiftcards.com , or its owners, officers, employees, agents, or licensees, suppliers, fulfillers, owners and operators of Third-Party Portals or Merchants, have been advised of the possibility of such damages. Without limiting the foregoing, this disclaimer of liability applies to any loss or damage arising out of the customization, processing, storage or fulfillment of any material, shoprestaurantgiftcards.com Product, the inability to use a Site, any changes to a Site (or its products and/or services), or the unauthorized access to or alteration of your transmissions or data. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the foregoing limitations may not apply to you.
In addition, in the event you violate these Terms and you intentionally publicize such violation, you acknowledge that shoprestaurantgiftcards.com and its affiliated companies may suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage. Furthermore, you agree to refrain from using the services offered through the Site, including ordering any shoprestaurantgiftcards.com Products, in any manner that would cause damage to the public reputation of shoprestaurantgiftcards.com, its affiliated companies, and their employees, owners, directors, officers, Merchants, or third parties for which shoprestaurantgiftcards.com provides services. In the event that you use or publicly display any products ordered through the Site, including by display on the Internet, in order to intentionally bring harm to shoprestaurantgiftcards.com or any of its affiliated companies or their employees, or owners, or directors, or officers, or to owners or operators of Third-Party Portals, or Merchants, shoprestaurantgiftcards.com reserves the right to demand the immediate return of the shoprestaurantgiftcards.com Product(s) ordered from a Site, to invalidate, without refund, the value of any gift card included in such shoprestaurantgiftcards.com Products, and to pursue any and all further remedies available to shoprestaurantgiftcards.com and its affiliated companies under the law.
Termination of Right to Use a Site
We reserve the right to terminate your right to use one or more Sites if you violate any of these Terms. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination. Your sole recourse and remedy if shoprestaurantgiftcards.com terminates your right to use a Site, is to receive a refund for any products paid for but not processed or fulfilled by Shoprestaurantgiftcards.com, if any.
Privacy and Security
You understand that your account information on the Sites is controlled by you, through the User IDs and Passwords that you selected. You are responsible for protecting the confidentiality of those User IDs and Passwords. shoprestaurantgiftcards.com is entitled to rely on the fact that any orders for shoprestaurantgiftcards.com Products or other information sent to any Site under your User ID and Password for that Site were sent by you. If you believe that the confidentiality of any of your User IDs and/or Passwords has been compromised or that someone has accessed your account without authorization, you should contact our customer service representatives immediately by calling 1-865-584-4245.
Since the Sites can be accessed from all 50 states, as well as from other countries around the world, and each of these places has laws that may differ from those of the state of Tennessee, by accessing a Site both you and shoprestaurantgiftcards.com agree that the statutes and laws of the state of Tennessee, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of such Site and its contents. shoprestaurantgiftcards.com makes no representation that the Contents are appropriate or will be available for use in other locations. If you use a Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content and the third party content. Unless otherwise explicitly stated, all marketing or promotional materials found on a Site are solely directed to individuals, companies or other entities located in the United States. You and shoprestaurantgiftcards.com further agree to submit to the exclusive personal jurisdiction and venue in the state and federal courts located in Knox County, Tennessee, with respect to any matters relating to the services, the use of a Site and its Contents, or any transactions arising therefrom. Any action brought by you with respect to anything related to a Site must be brought, if at all, within one (1) year from the accrual of such cause of action. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or related to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All costs and taxes are quoted in U.S. dollars. You must pay all applicable taxes on purchases made on the Site. We may in our sole discretion add, delete or change some or all of the prices of our products and services at any time without notice, other than as set forth on the relevant Site.
Electronic gift cards
Electronic gift cards do not require activation by customers. Recipients of electronic gift cards will click on a link in their e-mail to retrieve their activated electronic gift cards.
Unless otherwise stated herein, there are no refunds and all sales are final.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS SHOPRESTAURANTGIFTCARDS.COM AND ITS AFFILIATES AND RELATED ENTITIES, ON WHOSE BEHALF SHOPRESTAURANTGIFTCARDS.COM MAY SELL GIFT CARDS ON A SITE INCLUDING, BUT NOT LIMITED TO, LAKE PARTNERS, LLC, NP PROPERTIES, LLC, SMOKY MOUNTAIN BLUE MOOSE, LLC, LIBERTY PARK GRILL, LLC, HARRISONS GROUP, LLC, AND BULLFISH OF PIGEON FORGE, LLC (COLLECTIVELY THE “INDEMNITEES”), FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF THE INDEMNITEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE. ADDITIONALLY, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNITEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, LIABILITIES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) ARISING IN ANY WAY OUT OF CLAIMS BASED UPON ANY ACTIONS TAKEN BY ANY PERSON USING YOUR LOGIN INFORMATION.
For purposes of these Terms, “you” and “your” shall mean you and “we”, “us,” and “our” means shoprestaurantgiftcards.com and, if applicable, those third parties acting on behalf of shoprestaurantgiftcards.com from time to time. Title and risk of loss for products purchased by you through a Site passes to you upon delivery of the shoprestaurantgiftcards.com Products to you or your designated recipient. We may assign our rights and responsibilities hereunder without notice to you. If any of these Terms are held invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. We reserve the right to amend or modify these Terms or impose new conditions at any time. Such amendments and modifications will be effective immediately upon giving you notice by any means including, but not limited to, posting on the applicable Site. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all other communications, written or oral, with regard to any Site.
The failure of shoprestaurantgiftcards.com to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by shoprestaurantgiftcards.com in writing. Your use of a Site, however, is subject to the additional disclaimers and caveats that may appear throughout such Site.
If you have any customer service-related questions, please contact:
ATTN: Customer Service
7100B Kingston Pike
Knoxville, TN 37919
This Agreement was last updated on June 10, 2022.