Terms of service

OVERVIEW

This website is operated by Soaring Hawk Vintage, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Soaring Hawk Vintage. Soaring Hawk Vintage offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing a product or service from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, authenticity, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchant-ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Soaring Hawk Vintage, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Soaring Hawk Vintage and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of PO Box 80245, Raleigh, NC 27623.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at PO Box 80245, Raleigh, NC 27623.

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SHV REWARDS TERMS AND CONDITIONS

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ARTICLE 1 - GENERAL

SECTION 1 - OVERVIEW

The SHV Rewards rewards program (the “Program”) is a loyalty reward program offered by Soaring Hawk Vintage (the “Company”, “us”, “our” or “we”) to certain customers of the Company. The Program is accessible through www.soaringhawkvintage.com (the “Program Website”) and any other related sites and applications referred to on the Program Website including without limitation (the “Rewards Page”). The Program allows persons who have completed the membership enrollment steps (each, a “Program Member” or “Member”) in accordance with the present Terms and Conditions to collect points when making purchases on items identified from time to time by the Company (“Eligible Purchases”), and to redeem these points for rewards, benefits and/or rebates offered by the Company from time to time. Members acquire no vested right or entitlement to the continued availability of any particular reward, benefit or redemption level.

SECTION 2 - TERMS AND CONDITIONS

The terms and conditions set forth herein (the “Terms & Conditions”, and together with any terms set forth on the Program Website, the Rewards Page and any other terms accessible through any of the foregoing, collectively the “Program Terms”) govern the Program. The Company in its sole discretion can, restrict, suspend, amend, extend or otherwise alter the Program Terms at any time and without prior notice. If the Program Terms have been updated, the Company will post the new Program Terms on the Program Website and note the date that they were last updated, and no change will be effective until such change has been posted for at least ten (10) days. We encourage Members to review the Program Terms each time they use the Program.

SECTION 3 - ACCEPTANCE

By using or enrolling in the Program, you accept and agree to be bound by these Terms and Conditions.

ARTICLE 2 - PROGRAM MEMBERSHIP

SECTION 1 - MEMBERSHIP ENROLLMENT

Membership is free and no initial purchase is required in order to become a Member. To become a valid Member, you must complete the enrollment process by providing complete and accurate information and indicating your acceptance of the Program Terms. After completion, you will receive a rewards member number (“Member Number”).

SECTION 2 - PASSWORDS AND SECURITY

In order to enroll in the Program, you will have to register and create an Account with us and provide one or more names, email addresses, login usernames and passwords (together, “ID”). You are responsible for maintaining the confidentiality of your ID. You agree not to use the ID of any third party or disclose your ID to any third party. You are responsible for any and all activity that occurs on your Account. If you suspect any unauthorized use of your Account, you must notify us immediately. You agree to provide us with correct and complete Account information at all times and inform us of any changes to the information you have provided. We will keep your ID confidential. Only one SHV Rewards rewards account (“Account”) is permitted per person.

SECTION 3 - SUSPENSION RIGHTS; CAPACITY

If the Company determines that a Program Member has abused any of the Program’s privileges, fails to comply with any of the Program Terms, or makes any misrepresentation to the Company the Company may, in its sole discretion, take such actions as it deems appropriate, including without limitation, suspending such Member’s privileges under the Program, revoking any or all of the points in such Program Member’s Account, and/or revoking the Program Member’s membership in the Program, in each case, with or without advance notice to the Member and without liability to the Company. Points will not be awarded if in the Company’s reasonable opinion the merchandise purchased will be used for resale or commercial use and any points awarded on such purchases will be forfeited. If a Member was awarded points for an offer or promotion in which a Member purchased product(s) in excess of reasonable quantities, the points awarded as a result of that offer or promotion may be forfeited without prior notice and the Account may be suspended or closed. Unless further restricted elsewhere in the Program Terms, Membership is only available to (i) individuals above the age of majority and who have legal capacity, and (ii) corporations, businesses, charities, partnerships, enterprises, schools or anyone other than an individual, provided that such entity has legal capacity and has duly authorized such Membership. If a Member does not meet the capacity requirements set out above, all points awarded to such Member may be forfeited without prior notice and the Account may be suspended or closed.

SECTION 4 - CHANGE IN INFORMATION

Program Members are responsible to advise the Company immediately of any change to their address or other contact information. The Company will not be responsible for any communication not received by a Program Member, provided that the Company sent such communication to the address or other contact information then on file from such Program Member.

SECTION 5 - INACTIVE ACCOUNTS

A Program Member Account is deemed to be inactive if points are not earned in connection with such Account for 1 year. Once an Account is deemed to be inactive, all points in such Account may, in the Company’s sole discretion, be deemed to have been forfeited by such Member, with or without notice.

SECTION 6 - ACCOUNT CLOSURE

Points are reduced to zero upon closure of a Membership.

SECTION 7 - SECURITY

If a Membership Number is used by any other person, all points relating to purchases made by such other person will be credited to the Member’s Account. The Company assumes no liability or responsibility for points redeemed by any person(s) prior to a notification to the Company’s Customer Service Center that the Membership Number has been compromised. Any points redeemed prior to notification shall be at the Member’s risk.

ARTICLE 3 - REWARD POINTS

SECTION 1 - COLLECTION; REDEMPTION

Points can be earned by Program Members in connection with purchases of goods and/or services made through the Company (whether online and/or from physical locations) as set forth on the Rewards Page, regardless of method of payment, provided that the Membership Number is presented/entered at the time of purchase. Points can be redeemed for rewards. When enough points have been accumulated to obtain the reward(s) desired, redemption may occur through online and/or physical locations as set forth on the Program website or Rewards Page. The redemption schedule, available rewards and other information is available on the Rewards Page. A Member must provide his/her Membership Number when redeeming points to protect the integrity of the Member’s points balance. Each Member is responsible to ensure that all Personal Information is correct and up-to-date and the Company reserves the right to block redemption(s) where the Member information is inaccurate or incomplete. Members are solely and entirely responsible for keeping their Account secure. If a purchase price is lower than the redemption value of the points, the remaining dollar value associated with all utilized points will be forfeited.

SECTION 2 - VALUE

Points have no cash value and are not exchangeable for cash. The accumulation of points does not entitle the Program Members to any vested rights, and the Company does not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. The Company assumes no liability to Members as regards the addition or deletion of items from or for which points can be collected and/or redeemed.

SECTION 3 - TRANSFERABILITY

Except as permitted from time to time by the Company, points cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any points so acquired are void. For the avoidance of doubt, such prohibited transfers include transfers upon operation or law upon the death of a Member.

SECTION 4 - RETURN/EXCHANGE POLICY

In the event of a return/exchange of any eligible purchase that initially earned points, such points will be deducted automatically from the Account that was used for the eligible purchase (whether or not the Membership Number is presented at the time of return and/or exchange). Points will be deducted at the same rate as they were earned. Upon the return and/or exchange of products awarded through the redemption of points, all redeemed points will be forfeited.

SECTION 5 - PROMOTION

From time to time, the Company may advertise or offer exclusive offers to select Members to redeem points for items other than a discount reward, or receive other benefits or discounts.

ARTICLE 4 - PRIVACY

SECTION 1 - CONFIDENTIAL INFORMATION

We are committed to protecting your privacy. We will maintain the privacy and security of all personal information collected from Members, including, but not limited to: name, address, email address, telephone numbers, date of birth, account number and purchasing information (“Personal Information”). You understand that through your use of the Program, you consent to the collection and use of this information. As part of providing you the Program, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Program and your Account.

SECTION 2 - UNSUBSCRIBE

By sharing your email address and as an active customer and Program Member, we and/or our service providers may communicate to you special offers, services, promotions and program information. You can unsubscribe from receiving such messages at any time by updating your online account, by contacting customer service of the applicable entity, or by clicking unsubscribe at the bottom of any promotional email.

ARTICLE 5 - GENERAL

SECTION 1 - ACCEPTANCE

By enrolling in the Program, each Member (i) certifies that he or she is over the age of majority in the state or province in which he or she resides (or is supervised by a parent or legal guardian who agrees to the Program Terms) and of mental capacity (or is supervised by a legal guardian who agrees to the Program Terms), (ii) consents to the company’s collection and use of certain personal information, except as he or she may otherwise notify the Company and (iii) agrees to the Program Terms, as they may be amended from time to time.

SECTION 2 - OTHER TERMS

These Terms & Conditions are in addition to any other Program Terms, and shall be read together with such other Program Terms as one and the same instrument; provided, that if there is a conflict between any terms set forth in these terms and conditions, the Program Website, the Rewards Page and/or any other Program Terms, such conflict shall be resolved as follows: first, the Rewards Page shall prevail, thereafter these Terms & Conditions, thereafter the Program Website and finally any other Program Terms. For the avoidance of doubt, in the event of any action, proceeding or other dispute arising from or relating to any Program Terms, such dispute shall be settled in accordance with the provisions and procedures set forth in these Terms & Conditions.

SECTION 3 - ABUSE

Any abuse by a Member of the Program’s privileges, any failure by a Member to follow these Terms and Conditions, or any misrepresentation by a Member may subject the Member to expulsion from the Program, including forfeiture of all accumulated points.

SECTION 4 - WAIVER

Every effort has been made to ensure that the information herein is correct. The Company is not responsible for any errors or omissions in printed copies of these Terms and Conditions nor those published from time to time on its website. Any waiver by the Company of the strict observance, performance or compliance by a Member with any of the Terms and Conditions contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of the Company as a result of any other failure to observe, perform or comply with the Terms and Conditions. No delay or omission by the Company in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy. In the event that any provision in these Terms and Conditions is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.

SECTION 5 - CONTACT

If you have any questions about these Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us by mail at: PO BOX 80245, Raleigh, NC 27623

SECTION 6 - GIFT CARD AGREEMENT – TERMS and CONDITIONS

Gift Card Agreement – Terms and Conditions

Terms of Use for Soaring Hawk Vintage Gift Cards Issued in United States Dollars

Note: These terms apply to Soaring Hawk Vintage, LLC Gift Cards issued in United States dollars ONLY.

Section 1. General Information

This Agreement contains the terms and conditions of your gift card ("Card"), or a Virtual Card, the Gift Card, referred to hereafter collectively as the “Card”. Please read this Agreement carefully and keep it for your records. By purchasing, accepting or using the Card, you agree to be bound by this Agreement. “You” and "your" means the person who has legally purchased the Card.

The Card is a payment card that can be used to purchase goods at www.soaringhawkvintage.com. The Card is not a credit card, charge card or bank debit card and can only be used for the amount of funds loaded onto the Card. The funds loaded on the Card are collected by Soaring Hawk Vintage, LLC and deposited with and held by us in an account with funds associated with other cards. You will not be paid or earn interest on the amount of the Card. The issuance of the Card does not establish an account relationship between you and Soaring Hawk Vintage, LLC. Except if there is a change to applicable law after the Card is issued, neither the Card nor funds loaded to the Card are insured by the Federal Deposit Insurance Corporation.

The Card may be subject to deductions required by law, including deductions, if any, resulting from the escheat of Card funds under applicable state laws governing unclaimed property. You may not add any funds to the Card. Your ability to make purchases with the Card will end when the Card amount reaches zero.

Section 2. Types of Available Transactions and Limits on Transactions

Online Transactions. You may use the Card to purchase goods only from Soaring Hawk Vintage, LLC selling on www.soaringhawkvintage.com, as indicated in the shop itself under "Payment Methods." Soaring Hawk Vintage’s terms of use regarding purchases also apply.

If you attempt to use the Card for a purchase amount that is greater than the amount on the Card, your transaction may be declined. However, if the purchase amount is greater than the amount on the Card, you may be permitted to pay the difference with alternative methods. You do not have the right to stop payment on any transaction originated by the use of the Card. You agree that Soaring Hawk Vintage, LLC is not responsible for goods purchased with the Card, and is not responsible if Apple, PayPal, Shopify or Stripe refuse to accept the Card or for any other actions of Soaring Hawk Vintage, LLC. Return policies for individual items apply to your purchases, and any existing dispute processes apply. Please refer to our terms of use for more information. You will resolve disputes using our dispute management processes on purchases made using the Card and returns thereof, and if you receive a refund relating to a Card transaction, you agree to accept a credit to the Card as the method of refund. Any credit to the Card may not be available for use by you for up to 30 business days. A credit to the Card will reinstate said balance to the Card.

Unclaimed Funds – Escheat. If our records show that you have not used the Card within a time period set by state law, the amount remaining on the Card may become unclaimed property subject to escheat under state unclaimed property laws. If the amount remaining on the Card becomes unclaimed property subject to a state unclaimed property law, we will be required to escheat the available balance to the state in an amount and at the time required by the state law. At that time, you will lose the ability to use the Card. If escheat occurs, you may inquire about the status of the Card funds by emailing Soaring Hawk Vintage through our website messaging system.

Legal Transactions. You agree that you will only use the Card for transactions that are legal. You agree that Soaring Hawk Vintage, LLC, Apple, Stripe, or Shopify may decline transactions we believe may be illegal or in violation of the applicable network rules. You also agree that if we do not decline the transaction, we may charge the Card and we are not liable to you if you engage in an illegal transaction.

Limitations on Use. You agree that a purchase made by you may not be authorized or settled by us unless it complies with this Agreement. The Card may be canceled, repossessed, locked or revoked at any time without prior notice. You may not use the Card to purchase additional Gift Cards.

Authorized Use of Card. If you authorize someone else to use the Card, you will be responsible for any transactions initiated by such person(s) with the Card even if you intended to limit that person’s use of the Card to a particular amount or particular time. You agree to safeguard the Card, and to report any suspected unauthorized use of the Card immediately by emailing Soaring Hawk Vintage through our website messaging system.

Section 3. Company Address to be Notified in Event of a Lost or Stolen Card

If you believe that the Card has been lost or stolen immediately notify the company by emailing Soaring Hawk Vintage through our website messaging system. Subject to acceptable proof of Card ownership, we will make reasonable efforts to lock a lost or stolen Card from further use. If you notify us promptly of a lost or stolen Card and we are able to lock it from further use, you will not be liable for any further transactions associated with the lost or stolen Card.

You may request a replacement Card for a lost or stolen Card by emailing Soaring Hawk Vintage through our website messaging system. A replacement Card will not be issued unless you present adequate proof of purchase, the Card number, and your full identification. Requests to replace a Card may be denied by us in the event we suspect fraudulent or unlawful activity or improper Card use. If the replacement is approved, a new Card will be issued and activated in the amount remaining on the Card, if any, at the time of the replacement. Replacements may take up to 30 days to process. If the request is related to theft, we reserve the right to require a verifiable copy of a lawful US police report.

Section 4. Liability; Limitation of Liability; Error Resolution Procedures

a. Liability

If we do not complete a transaction arising from the use of the Card on time or in the correct amount according to this Agreement, The Company may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

i. if, through no fault of ours, the Card funds are insufficient for the transaction (for example, because there is a hold on your funds or your funds are subject to legal process);

ii. if a computer system was not working properly and you knew about the problem when you started the transaction;

iii. if circumstances beyond our control (such as fire, flood, terrorist attack, death, quarantine, or national emergency) prevent the transaction, despite reasonable precautions that we have taken;

iv. if any failure or malfunction is attributable to your equipment, to merchant equipment, or to any internet service or payment system;

v. If the Card has been reported as lost or stolen, if the Card has been suspended by us, or we have reason to believe the transaction is not authorized by you; or

vi. If a transaction is attempted for a country to which The Company does not ship to, including but not limited to countries outside of the contiguous United States.

vii. If a transaction is attempted for a vacant address or blocked account.

viii. As otherwise provided in this Agreement.

b. Unauthorized Transactions or Errors

You agree to safeguard the Card information against unauthorized use by taking all reasonable precautions. If you believe that someone has made an unauthorized transaction with the Card (or may attempt to use the Card without permission) or you believe an error has occurred with the Card, you agree to email us IMMEDIATELY and in no event later than two (2) days of the date of the transaction at issue. When you notify us, you must provide your name, Card number and other identifying details, and describe the error or transaction that you are unsure about. We cannot assist you if you do not have the Card number. In the event of actual or suspected unauthorized use, we will lock the Card, and if our records show that available funds remain on your Card, we will issue you a replacement Card loaded with the remaining value. We reserve the right to decline to issue you a replacement Card in accordance with applicable law. You agree to assist us in determining the facts relating to any possible unauthorized use or error associated with the Card, and to comply with the procedures we may require for our investigation. Following our investigation, if we determine that unauthorized use or an error has occurred with the Card, we will credit the Card in the amount of the unauthorized use or error. It may take up to thirty (30) days to process a request for a replacement, however, we will endeavor to provide you with a replacement Card on as timely a basis as is reasonable under the circumstances.

Section 5. Disclosure of Information to Third Parties

From time to time, subject to any applicable financial privacy laws or other laws or regulations, we may provide information about you (to the extent we obtain any information about you) and the Card to our service providers, Apple, PayPal, Shopify, or Stripe . We, including Apple, PayPal, Shopify, or Stripe, may provide information about you and the Card (a) in response to any subpoena, court or administrative order, or process which we believe requires our compliance; (b) in connection with collection of indebtedness or to report losses incurred by us; (c) in compliance with any agreement between us and a professional, regulatory or disciplinary body; (d) to carefully selected service providers where it is necessary to complete a transaction or to verify the existence and conditions of your Card; (e) as otherwise provided or allowed by law; and (f) to any third party to which you give us your permission to provide information about you and the Card. We, including Apple, PayPal, Shopify, or Stripe, also may collect information about you and take actions necessary to verify your identification. You agree that any of us may disclose information to any third party about the Card when such information is aggregated with other information and does not specifically identify you.

Section 6. Recording and Monitoring Telephone Calls

The telephone calls between you and us or our service providers may be recorded or monitored. We need not remind you of the recording or monitoring before each call unless we are required to do so by law.

Section 7. Governing Law; Severability; Amendment

This Agreement will be governed by the laws and regulations of the United States and, to the extent not so covered, any contract issues shall be interpreted and enforced in accordance with the laws and regulations of the State of North Carolina A determination that any part of this Agreement is invalid or unenforceable will not affect the remainder of this Agreement. All provisions of this Agreement are void where expressly and to the extent prohibited by applicable law. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be eliminated or adjusted to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Unless prohibited by applicable law, we may amend or change this Agreement at any time. We will notify you of any change in the manner required by applicable law; however, if the change is made for security purposes, we can implement such change without prior notice to the extent permitted pursuant to applicable law.

Section 8. Your Limited Right to Cancel

Purchasers of the gift card can cancel the purchase up to 24 hours post-sale if the Card has not been redeemed. Refunds will be issued to the credit or debit card associated with the purchase. Information concerning this cancellation program may be obtained by emailing the company.

Section 9. Termination of Program

The company retains the right to terminate the Card program at any time. If we have terminated the program and the Card can no longer be used, a refund request for the remaining amount on the Card can be made to Soaring Hawk Vintage, LLC. Requests for refunds may take up to 90 days to process. For inquiries concerning surrenders and redemptions, please write the company at PO BOX 80245, Raleigh, NC 27623 or email through the company website messaging system.

Section 10. Assignment

We may assign, without recourse, our duties and obligations as issuer of the Card to another entity.

Section 11. Privacy Notice

Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share and protect your personal information. Please read this notice carefully to understand what we do.

The types of personal information that we collect and share depend on the product or service you have with us. This can include:

Address of Residence and Transaction History

When you are no longer our customer, we continue to share your information as described in this notice.

All Financial Companies need to share customers’ personal information to run their everyday business. For the types of information we share, you cannot limit this type of sharing.

Reasons we can share your personal information:

For our everyday business purposes - such as to process your transaction, maintain your account(s), respond to court orders and legal investigations.

For our marketing purposes - to offer our products and services to you.

For joint marketing with other financial companies.

For our affiliates’ everyday business purposes - information about your transactions and experiences.

For our affiliates to market to you.

For non affiliates to market to you.

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

We collect personal information, for example, when you

Open a Card Account and use your Card

Make a purchase

Give us your contact information.

Why can’t I limit all sharing? Federal law gives you the right to limit only:

Sharing for affiliates’ everyday business purposes,

Affiliates from using your information to market to you,

Sharing for non affiliates to market to you.

State laws and individual companies may give you additional rights to limit sharing.

Section 12. Form of E-Communications Disclosure

We suggest you read this document and print a copy for your reference.

Note: This E-Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your gift card (“Card”), or in lieu of a Card, the virtual Gift Card, referred to hereafter collectively as the “Card” and any related products and services (“E-Communications”). This Disclosure supplements and is to be construed in accordance with the terms contained in the Card Agreement (“Agreement”) you received. The words "we," "us," and "our" refer to Soaring Hawk Vintage,LLC, the issuer of your Card. The words "you" and "your" mean you, the individual(s) who has purchased the Card.

Scope of Communications to be Provided in Electronic Form

When you use the Card to which this Disclosure applies, you agree that we may provide you with any required communications or disclosures in electronic format, and that we may discontinue sending paper communications and disclosures to you, unless and until you withdraw your consent to E-Communications as described below. Your consent to receive E-Communications includes, but is not limited to:

All legal and regulatory disclosures and communications associated with the Card

The Card Agreement and any notices about a change in the terms of the Card Agreement

Privacy policies and notices

Method of Providing Communications to You in Electronic Form

All E-Communications that we provide to you will be provided by e-mail or by posting such E-Communications on our website.

How to Withdraw Consent

You may withdraw your consent to receive E-Communications at any time by emailing the company through our website messaging system. We will not impose any fee to process the withdrawal of your consent to receive E-Communications. Any withdrawal of your consent to receive E-Communications will be effective only after we have a reasonable period of time to process your withdrawal. In the meantime, you will continue to receive E-Communications from us. If you withdraw your consent, the legal validity and enforceability of prior required disclosures and communications delivered in electronic form will not be affected.

How to Update Your Records

It is your responsibility to provide us with a true, accurate and complete e-mail address, your contact information, and other information related to this Disclosure and your Card, and to maintain and update promptly any changes in this information. You can update this information by logging onto your Soaring Hawk Vintage website user account.

Hardware and Software Requirements

In order to access, view, and retain E-Communications that we make available to you, you must have:

An Internet browser that supports 128 bit encryption

Microsoft Internet Explorer 4.7 or above, Netscape Navigator 4.7 or above, or the equivalent software.

Sufficient electronic storage capacity on your computer's hard drive or other data storage unit

An e-mail account with an Internet service provider and e-mail software

A personal computer (for PCs: Pentium 120 Hhz or higher; for Macintosh, Power Mac 9500, Power PC 604 processor: 120-MHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing E-Communications received from us in via a plain text-formatted e-mail or by access to our web site using one of the browsers specified above

Adobe Reader version 9.0 or higher

Requesting Paper Copies

We will not send you a paper copy of any E-Communication unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an E-Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the E-Communication to you. To request a paper copy, contact us by emailing the company through our website messaging system. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any required disclosure or communication that you have authorized us to provide electronically.

Communications in Writing

All required disclosures and communications in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of this Disclosure and any other E-Communication that is important to you.

Federal Law

You acknowledge and agree that your consent to E-Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

Termination/Changes

We reserve the right, in our sole discretion, to discontinue the provision of your E-Communications, or to terminate or change the terms and conditions on which we provide E-Communications. We will provide you with notice of any such termination or change as required by law.