Last Updated: October 29, 2019
These terms and conditions (“Gift Card Terms”) constitute a contractual agreement between you and Knitwit GC LLC, a Virginia Limited Liability Company (“Knitwit”).
About the Gift Cards
The Gift Cards are issued by Knitwit, which is an affiliate of ThredUp Inc. (“thredUP”). Knitwit is responsible for the operation and maintenance of the Gift Card program. Knitwit is the sole legal obligor to the cardholder; provided, however, that Knitwit may assign its obligations with respect to the Gift Cards at any time, in which case such assignee shall become the issuer and sole legal obligor to the cardholders. thredUP and its affiliates (other than Knitwit) bear no responsibility or liability for the Gift Cards, and you hereby knowingly release thredUP and its affiliates (other than Knitwit) from any and all liability or claims of any nature whatsoever arising in connection with the Gift Cards. The Gift Cards are denominated in U.S. Dollars. The Gift Cards are neither debit cards nor credit cards.
Purchasing and Redemption
You may purchase Gift Cards for variable amounts, as available, provided, that the balance on any Gift Card may not exceed $2,000. You may also not purchase more than $10,000 of Gift Cards in any single day. The amount of the Gift Card you purchase shall be charged to you according to your selected payment option when you confirm the purchase of the Gift Card. Knitwit reserves the right to refuse to honor any Gift Card in the event of a disputed credit card charge or other failures of consideration.
Gift Cards are redeemable solely for merchandise on the thredUP website and are not refundable or redeemable for cash, except to the extent required by law. In order to redeem a Gift Card, you must first create an account with thredUP (an “Account”). If an order exceeds the amount of the Gift Card, the balance must be paid with a payment method accepted by thredUP. Gift Cards cannot be redeemed for other Gift Cards or transferred to other Accounts once redeemed.
You may be able to obtain your gift card balance by contacting customer support at email@example.com. The Gift Card balance relayed to you by a customer service agent is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time.
No fees apply to Gift Cards and Gift Cards never expire.
Gift Cards are not reloadable. Gift Cards may not be resold without Knitwit’s express written authorization. A Gift Card is not valid and will not be honored, and Knitwit will not be liable for the value of the Gift Card, if the Gift Card is obtained from an unauthorized seller or reseller, including through any Internet auction site.
Risk of Loss
Knitwit shall not have any liability to you for Gift Cards that are lost, destroyed, altered, or used without your permission. Knitwit may elect in limited circumstances at its own discretion to replace the remaining value of any lost, destroyed, or altered Gift Cards.
If we suspect that a Gift Card is obtained, used, or applied fraudulently, unlawfully, or otherwise in violation of these Gift Card Terms.
Limitation of Liability
KNITWIT AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD THAT HAS NOT BEEN FULLY REDEEMED IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND KNITWIT’S SOLE LIABILITY, SHALL BE FOR THE REPLACEMENT OF SUCH 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.
Binding Arbitration and Class Action Waiver
Please read this section carefully. It affects legal rights that you may otherwise have and requires individual, final and binding arbitration of most disputes instead of resolution in court.
Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” During an arbitration, each party has an opportunity to present evidence to the arbitrator in writing or through witnesses, but arbitration provides for more limited discovery than in court, and the arbitrator’s award is subject to limited review by the courts. An arbitrator may award only the same damages and relief that a court could award under the law and must honor the terms and conditions of these Gift Card Terms.
You and Knitwit agree that any dispute, claim or controversy, whether at law or equity, arising out of or relating to your use of a Gift Card or these Gift Card Terms, including but not limited to the arbitrability of any dispute (“Dispute”), shall be resolved in its entirety by individual binding arbitration, except that you or Knitwit may take claims to small claims court if such claims are within the scope of the jurisdiction of such court. You and Knitwit agree that any arbitration under these Gift Card Terms will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted. You and Knitwit agree that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Knitwit both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages. If it is decided that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) shall be severed from the arbitration and may be brought in court. Nothing herein shall be construed as consent by Knitwit to the jurisdiction of any court with regard to claims unrelated to the use of your Gift Card or these Gift Card Terms.
This agreement to arbitrate shall survive termination of these Gift Card Terms and extends to any Disputes that you may assert against Knitwit’s affiliates. These Gift Card Terms evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
PROCEDURES FOR ASSERTING A CLAIM. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent CT Corporation System located at 4701 Cox Road, Suite 285, Glen Allen, Virginia 23060. During the first 45 days after we receive your notice (the “Pre-Arbitration Period”), we may try to reach a settlement of the dispute. If we do not resolve the dispute ourselves within the Pre-Arbitration Period, you may commence arbitration. The arbitration shall be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures, effective July 1, 2014 (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267.
Any arbitration will take place in or near the county where you reside and will be determined by a single, neutral arbitrator. You will have the right to an in-person hearing; provided, however, that, upon your request, the arbitration may be conducted via telephone to the extent permitted by the arbitrator and the JAMS Rules. Judgment on the award may be entered in any court of competent jurisdiction.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. For Disputes of less than $1,000, Knitwit will reimburse to you all JAMS filing fees, except for $25, and all other JAMS administrative costs and fees. In addition, for claims of less than $1,000, Knitwit will reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses will be awarded only to the extent such an award is available under applicable law.
The laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, shall govern these Gift Card Terms and the use of your Gift Card.
Notwithstanding anything herein to the contrary, if any part of these Gift Card Terms 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 these Gift Card Terms without affecting the validity, legality, or enforceability of the remainder of these Gift Card Terms, which shall be fully enforced.