Purchase or use of the Marky's Gift Card constitutes acceptance of the following terms:
All Gift Cards ordered on our Web site are deemed purchased in and issued from the State of Florida. You agree that the substantive laws of the State of Florida will govern your purchase of a Gift Card online, without giving effect to any conflict of laws principles that otherwise might result in the application of the substantive laws of another jurisdiction. Further, you agree that any dispute relating in any way to your online purchase of a Gift Card shall be submitted to confidential binding arbitration in Miami, Florida.
By purchasing or using Marky's Gift Cards, you are certifying and representing to Optimus, Inc. that the activities in connection with which the Gift Cards will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, fraudulent, unfair or otherwise harmful to consumers. In addition, you agree to defend and indemnify Optimus, Inc. and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your purchase or use of the Gift Cards or violation of any of these Terms and Conditions.
The Gift Card may be used at Marky's location. Purchases will be deducted from the card value until the balance reaches zero. Additional value may be added to the Gift Card at any time, at any Marky's location. If a Gift Card has a zero balance for at least one hundred and eighty (180) days, the Gift Card will deactivate. Marky's Gift Cards have no implied warranties and are not a credit card or debit card. Gift Cards cannot be redeemed for cash nor may you return merchandise or cancel services obtained with the Card for a cash refund. Resale of Gift Cards is strictly prohibited. Marky's is not responsible for lost, stolen or damaged cards or any unauthorized card use, and will not replace lost, stolen or damaged cards. If your purchase exceeds the value remaining on the Gift Card, you must pay for the excess at the time of purchase.
Marky's Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Web sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Optimus, Inc.'s prior written approval, which may be withheld by Marky's in its sole discretion. Such approval shall be conditioned on, among other things, execution of and compliance with a Gift Card license agreement between you and Marky's. Use of Optimus, Inc.'s name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Marky's Gift Cards is strictly prohibited. Furthermore, the use of Marky's Gift Cards in any manner that states or implies that any person, Web site, business or product or service is endorsed or sponsored by, or otherwise affiliated with Optimus, Inc. or any of its subsidiaries or affiliates is prohibited.
We retain the right to amend or discontinue the Marky's Gift Card program and these Terms and Conditions at any time and at our discretion. We may cancel your right to use the Marky's Gift Card at any time and require you to return the Gift Card to us. In such an event, a check will be mailed to you for the remaining value upon Marky's's receipt of the returned Gift Card from you.