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Last Updated on April 30, 2024 Terms of the User Agreement By purchasing and/or using TickPick Gift Cards or the corresponding Card Funds (as defined below), you accept these terms and conditions. This TickPick Gift Card Purchase Agreement (“Agreement”) is entered into by and among TickPick, LLC (“TickPick”), the purchaser and/or redeemer of a TickPick Card or corresponding Card Funds (“you”), and TickPick Gift Cards, LLC, a South Dakota limited liability corporation (“TGC”). As used herein, “Card Funds” means the load amount value in the form of a TickPick Gift Card (“Gift Card”), which is issued directly to you by TGC. You must have an active and valid TickPick account to purchase and to redeem Card Funds, and your use of Card Funds is subject to the TickPick User Agreement. Any capitalized terms used herein that are undefined have the meaning given to such terms in the User Agreement. TickPick may modify any of this Agreement’s terms and conditions at any time, with or without notice to you, subject to applicable law. TGC may also modify the terms and conditions of the Gift Card at any time, with or without notice to you, subject to applicable law. In the event of a change in this Agreement, we shall post a revised version of this Agreement here, which shall automatically replace the terms of any previous agreement posted here. Your continued use of TickPick.com and TickPick's Services, as defined in the User Agreement, following the posting of a revised Agreement will constitute your acceptance of the revised Agreement. If you don't agree with the User Agreement or the terms of this Agreement, do not continue to use TickPick.com or TickPick's services. Use of Card Funds Card Funds may only be redeemed through the Platform and cannot be redeemed outside of the United States. TickPick reserves the right to determine and modify the scope of Services (as defined in the User Agreement) for which Card Funds can be redeemed. Restrictions on Use Gift Cards cannot be used to purchase Gift Cards and purchases of Gift Cards do not count towards TickPick rewards or loyalty programs. No portion of Card Funds are transferrable to another party. The Gift Card cannot be reloaded with additional funds after purchase. Neither TGC nor TickPick are responsible for unauthorized use of Card Funds. TGC and TickPick each reserve the right to suspend or void their respective portions of Card Funds if either TGC or TickPick suspects that the Card Funds was obtained or used fraudulently, unlawfully, or otherwise in violation of this Agreement. Lost or Stolen Gift Cards; Expiration Dates; Refunds Gift Cards are not replaceable if lost or stolen. Gift Cards have no expiration date. No portion of Card Funds is refundable, returnable, or redeemable for cash except where required by law. Additional Requirements for Use TickPick may from time to time request information from you to confirm your identity before it will allow use of Card Funds in order to comply with applicable law. TickPick may delay your access to the Card Funds until you comply with such information request. You may be required to add a secondary payment method to use Card Funds with the TickPick Site. Severability If any term of this Agreement is deemed to be invalid, void or for any reason unenforceable, such term shall be deemed severable and will not affect the validity and enforceability of any remaining terms of this Agreement. Disputes PLEASE BE ADVISED: SECTION 20 OF THE TickPick USER AGREEMENT, WHICH IS HEREBY INCORPORATED BY REFERENCE, CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT-OUT. UNLESS YOU OPT OUT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TickPick ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
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