Terms and Conditions

The following Terms and Conditions (“Agreement”) describe the terms and conditions that apply to the use of SUMMIT Gift Cards that are sold or issued to purchasers in the United States as described herein. This Agreement is between you and the holder of a SUMMIT Gift Card (the “Cardholder”) on the one hand, and SUMMIT OVA Tenant LLC. d/b/a SUMMIT One Vanderbilt (“SOV”) on the other hand. By purchasing, accepting, using or gifting at purchase a SUMMIT Gift Card, you agree that you and the Cardholder are bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept any SUMMIT Gift Cards.
IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of in court and a class action waiver.

1. About the Cards. Genuine SUMMIT Gift Cards are issued only by SOV. SOV is responsible for the operation and maintenance of the SUMMIT Gift Cards program. SOV is the sole legal obligor to the Cardholders; provided, however, that SOV may assign its obligations with respect to the Cards at any time, in which case such assignee shall become the sole legal obligor to the Cardholders. SOV bear no responsibility or liability for loss of a SUMMIT Gift Card, or from any and all liabilities and claims of any nature whatsoever arising in connection with a lost SUMMIT Gift Card. The Cards are denominated in U.S. Dollars. The Cards are neither debit cards nor credit cards.
2. Issuance and Redemption of the Cards.
   a. SUMMIT Gift Cards may be purchased at summitov.com and, if available, at SOV New York. SUMMIT Gift Cards are not valid if purchased from any other seller. SUMMIT Gift Cards are redeemable only for purchases of goods and services sold on summitov.com, although, if available, such goods or services may be purchased with SUMMIT Gift Cards at physical retail outlets located at SOV New York. SUMMIT Gift Cards may not be used to purchase additional SUMMIT Gift Cards or other goods or services.
3. No Cash Redemption. SUMMIT Gift Cards have no cash value and may not be redeemed for cash except as required by applicable law.
4. Activation. A SUMMIT Gift Card is not valid for use until it has been activated.
5. Non-Payment. SOV reserves the right to refuse to honor any SUMMIT Gift Card in the event of a disputed credit card charge, bounced check or other failure of consideration.
6. Maximum Card Balance. The maximum load, reload and total balance of any SUMMIT Gift Card is $500.
7. Card Balance Inquiry. For SUMMIT Gift Card balance inquiries, please call 1-877-682-1401. The balance obtained by a Cardholder when inquiring over the phone is an estimate only. In most cases, the balance is adjusted immediately when a Cardholder makes a purchase, but there may be occasions when the balance adjustment is delayed.
8. Expiration. Each SUMMIT Gift Card expires on December 31 nine years after purchase.
9. Non-transferable. . SUMMIT Gift Cards may be purchased for, and sent to, a third-party individual designated by the purchaser at the time of purchase, but resale or transfer of a gift card by the purchaser designated recipient is prohibited.
10. No Fees. No inactivity or service fees apply to any SUMMIT Gift Card.
11. Reloadable. SUMMIT Gift Cards may be reloaded with value, up to a maximum total value on such SUMMIT Gift Card of $500.
12. Refunds and Returns. SUMMIT Gift Cards are not refundable except as required by applicable law. Products and services purchased using a SUMMIT Gift Card will be subject to the return policy in effect at SOV New York at the time of the purchase of goods or services with such SUMMIT Gift Card.
13. No Resale. SUMMIT Gift Cards may not be resold. A SUMMIT Gift Card is not valid and will not be honored, and SOV will not be liable for the value of the SUMMIT Gift Card, if the SUMMIT Gift Card is obtained from an unauthorized seller or reseller, including through any Internet auction site.
14. Lost, Damaged or Stolen Cards. A lost, damaged or stolen SUMMIT Gift Card may be replaced only if the Cardholder provides the original proof of purchase receipt and the complete SUMMIT Gift Card number. To request a replacement Card, please contact tickets@summitov.com. Any replacement SUMMIT Gift Card issues will contain only the remaining balance shown on SOV’s systems. SOV is not responsible for unauthorized use of any SUMMIT Gift Card.
15. Fraud. SOV reserves the right to refuse to honor a SUMMIT Gift Card if SOV suspects that the SUMMIT Gift Card was obtained fraudulently.
16. Disputes, Arbitration and Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE CAPACITY. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
    
    

    Applicability of this Dispute Resolution Policy: The parties acknowledge that this Agreement relates to transactions involving interstate commerce. Any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). You and We agree that any dispute, claim or controversy between you and SOV, including those known or unknown that may be later discovered, arising out of or relating to any aspect of our relationship, including, without limitation, your use or attempted use of the Site, your use or attempted use of any gift cards or other products or services made available via the Site or at SOV NY, all matters relating to or arising from this Agreement, other agreements on the Site, or the, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, and including Disputes (defined below) even if the acts, omissions or relationships giving rise to such Disputes occurred prior to this version of the Terms of Use (or such modification) (each, a “Dispute”) shall be determined by binding arbitration before one arbitrator, unless specifically excluded from arbitration as set forth in this Section. However, if you or we initiated an arbitration or lawsuit prior to this version of the Terms of Use (or such modification), that arbitration or lawsuit will continue to be governed by the version of the Terms of Use applicable when the arbitration or lawsuit was initiated. Each provision of this Section applies to the maximum extent permitted by law whether or not so expressly stated. Additionally, if a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, you and we agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.
    
    Initial Dispute Resolution Period: Our customer support department (contact center) is available at 1-877-682-1401 to address any concerns you may have regarding the Site or the products or services available on the Site or SOV NY. Most concerns are quickly resolved in this manner to our customers' satisfaction. In an effort to accelerate resolution and reduce the cost of any Dispute between us, you and we agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before either party initiates any arbitration or court proceeding (the “Initial Dispute Resolution Period”). That period begins upon receipt of written notice from the party raising the Dispute. If we have a dispute with you, we will send the notice of that Dispute to your billing address and/or email address you have provided to us. If you have a dispute with us, you agree to send us a written notice by certified mail of your claim, addressed to: SUMMIT One Vanderbilt 420 Lexington Avenue, New York, NY 10170. A notice of Dispute will not be valid, and will not start the Initial Dispute Resolution Period, and will not allow you or us to later initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph: (a) description of the nature of the claim or dispute and the underlying facts; (b) date upon which the Dispute arose; (c) the specific relief sought; and (d) name, email address, and physical mailing address of the party seeking relief. The Initial Dispute Resolution Period must include a conference between you and us to attempt to informally resolve any Dispute in good faith. You will personally appear at the conference telephonically or via videoconference; if you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same conference unless all parties agree. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating an arbitration or litigation. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. If either party violates this Initial Dispute Resolution Period paragraph, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or court proceeding, and, unless prohibited by law, the arbitration provider shall neither accept nor administer any such arbitration nor assess fees in connection with such arbitration.
    
    Binding Arbitration. If you and we do not reach an agreement to resolve the Dispute following the Initial Dispute Resolution Period (and including the conference of the parties provided in the preceding paragraph), you or we may commence an arbitration proceeding. The arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (the “AAA Rules”) and in accordance with the Expedited Procedures ("AAA Expedited Procedures”) in the AAA Rules, which are available at https://www.adr.org/Rules, unless it is a Mass Arbitration before NAM, as defined below. If, for any reason, AAA is unable to provide the arbitration, then except as otherwise stated below, you or we may file a Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the AAA Expedited Procedures in the AAA Rules.
    
    Process. In order to initiate arbitration following the conclusion of the Initial Dispute Resolution Period, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider. A party initiating an arbitration against SOV must send the written demand for arbitration to SUMMIT One Vanderbilt 420 Lexington Avenue, New York, NY 10170. By signing the demand for arbitration, the party and its counsel certifies to the best of the party’s and counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (iv) the party has complied with the Initial Dispute Resolution Period, including participation in an in-person conference, as described above. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.
    
    Location & Hearing. Arbitration hearings may be conducted by videoconference unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be decided pursuant to the AAA Rules.
    
    Arbitrator’s Decision. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and us, and any award of the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability or arbitrability. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties adopt and agree to implement the AAA Optional Appellate Arbitration Rules (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
    
    Fees. Your and our right to recover attorneys’ fees, costs and arbitration fees shall be governed by the laws that apply to the parties’ Dispute, as well as any applicable arbitration rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon showing that the other party has asserted a claim, cross-claim, defense, or procedural tactic that is groundless in fact or law, brought in bad faith, for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
    
    Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have arbitrations administered by AAA (and subject to the exceptions otherwise set forth in the “Exceptions to Binding Arbitration” paragraph), if 25 or more demands for arbitration by different persons are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by AAA Rules or administered by AAA. Instead, a Mass Arbitration shall be administered by National Arbitration and Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “NAM Rules”), and under the rules set forth in this Agreement. The NAM Rules are available at https://namadr.com/resources/rules-fees-forms/or by calling 1-800-358-2550. You and we agree that the Mass Arbitration shall be resolved using NAM’s Supplemental Rules for Mass Arbitration Filings, available at https://www.namadr.com/. Before any Mass Arbitration is filed with NAM, you and we agree to contact NAM jointly to advise that the parties intend to use NAM’s Supplemental Rules for Mass Arbitration Filings. The individual demands comprising the Mass Arbitration shall be submitted on NAM’s claim form(s) and as directed by NAM. You and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from NAM compelling compliance and directing administration of the Mass Arbitration before NAM. Pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. If for any reason the provisions in this Mass Arbitration Before NAM paragraph are found to be unenforceable, or if for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by AAA consistent with the provisions of the Dispute Resolution Section of this Agreement.
    
    Appointment of Procedural Arbitrator in Mass Arbitration. You and we agree to cooperate in good faith to implement the Mass Arbitration process to minimize the time, filing fees, and costs of the Mass Arbitration. Those steps include, but are not limited to (1) the appointment of a Procedural Arbitrator to efficiently and cost-effectively manage the Mass Arbitration and to rule on proposals by the parties for the efficient and cost-effective management of the Mass Arbitration to the extent the parties cannot agree; and (2) the adoption of an expedited calendar for the arbitration proceedings. If the parties are unable to agree upon a Procedural Arbitrator within fourteen (14) days of delivery of the commencement of the mass arbitration, then NAM will appoint the Procedural Arbitrator in accordance with the NAM Rules.
    
    Exceptions to Binding Arbitration. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may invoke the following exceptions to arbitration:
    
    

    Provisional remedies in aid of arbitration. Either party may seek provisional remedies in aid of arbitration and to enforce the Initial Dispute Resolution Period from a court of appropriate jurisdiction, subject to the forum selection provisions below.
    
    Intellectual Property and Trade Secret Disputes. Either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation, subject to the forum selection provisions below.
    
    Small Claims Court. Either party may seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case, in which instance no filing fees shall be due or payable by either party. Any disagreement about whether a Dispute is subject to small claims court shall be decided by small claims court or a court of competent jurisdiction, not the arbitrator.
    
    

    Class and Collective Action Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION OR CLASS ARBITRATION.
    
    Statute of Limitations. To the fullest extent allowed by low, you and we agree that if any Dispute has a statute of limitations in excess of two years, such Dispute must be filed within two years after the Dispute accrued or it will be forever barred.
    
    Forum. To the fullest extent allowed by low, you and we agree to submit to the exclusive jurisdiction of any state or federal court located in New York County, New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts for any Dispute not subject to binding arbitration.
    
    Severability. If any provision in this Disputes, Arbitration and Class Action Waiver Section of this Agreement is found to be unenforceable, that provision shall be severed with the remainder of this Section of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or collective actions as provided for above. This means that if the prohibition against class or collective actions is found to be unenforceable with respect to a particular claim or request for relief and any appeals have been exhausted (or if the decision is otherwise final), then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other claims and requests for relief.
    
    

17. Limitation of Liability. OV AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUMMIT GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A SUMMIT GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND THE SOLE LIABILITY OF SOV AND ITS AFFILIATES, SHALL BE THE REPLACEMENT OF SUCH SUMMIT GIFT CARD CONTAINING ONLY ANY REMAINING BALANCE ON SUCH SUMMIT 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.
18. Governing Law. The laws of the State of New York, without regard to principles of conflict of laws, shall govern this Agreement and the use of your SUMMIT Gift Card.
19. Severance. Notwithstanding anything herein to the contrary, if any part of this Agreement is deemed invalid or inapplicable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal and enforceable. If such provision cannot be so modified or restricted, it shall be excised from this Agreement without affecting the validity, legality or enforceability of the remainder of this Agreement, which shall be fully enforced.
20. Changes to Agreement. SOV reserves the right to modify, alter, change or amend this Agreement from time to time in its discretion without advance notice. The current version of this Agreement is available at summitov.com/gift-cards-terms.