State of California Rev. 133A18A
Version Date: December 01, 2018
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT,OR TO MODIFICATIONS THAT GIFTCARDSXCHANGE MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.
USE OF OUR SERVICE
GiftCardsXChange provides a website for you to buy and sell Gift Cards using our Service(s) in the United States.
This Service is intended solely for Users who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. If we become aware that you are using the Service even though you are under 18, we will deactivate your account.
B. Member Accounts
You do not have to register to visit www.giftcardsxchange.com. To access certain features of the Service, such as buying or selling Gift Cards, you are required to register with GiftCardsXChange and create a “Member Account”. GiftCardsXChange may modify the Service and features and functions available within a Member Account at any time in our sole discretion.
You may control your Member Account profile and how you interact with the Service by changing the settings, where available. By providing Gift Cards Xchange your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your Member Account settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. If you provide GiftCardsXChange with a mobile telephone number, we may offer you the option to enroll for text message alerts and offers. You can change your text message preference at any time using your Member Account settings page. If you agree to receive text messages, you authorize Gift Cards Xchange to use an automated dialer to send the messages.
Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and mobile application are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of Giftcardsxchange, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the services distributed of Giftcardsxchange.
Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of Giftcardsxchange services. Your membership can be canceled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by giftme Inc. in its sole discretion. If membership has been revoked, Giftcardsxchange. reserves the right to refuse application or readmission to the membership program.
Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
C. User Representations
Regarding Your Registration
By using the Company Services, you represent and warrant that:
A. All registration information you submit is truthful and accurate;
B. You will maintain the accuracy of such information;
C. You will keep your password confidential and will be responsible for all use of your password and account;
D. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website;
E. Your use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GiftCardsXChange has the right to suspend or terminate your account and refuse any and all current or future use of www.giftcardsxchange.com (or any portion thereof).
D. Social Media
As part of the functionality of the Website, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Website; or (ii) allowing GiftCardsXChange to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to GiftCardsXChange and/or grant GiftCardsXChange any access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating GiftCardsXChange to pay any fees or making GiftCardsXChange subject to any usage limitations imposed by such third party service providers. By granting Gift Cards Xchange access to any Third Party Accounts, you understand that (i) GiftCardsXChange may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists, and (ii) GiftCardsXChange may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or GiftCardsXChange access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
GiftCardsXChange makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and GiftCardsXChange is not responsible for any Social Network Content. You acknowledge and agree that GiftCardsXChange may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Website. At your request made via email to our email address listed below, or through your account settings (if applicable), GiftCardsXChange will deactivate the connection between the Website and your Third Party Account and delete any information stored on GiftCardsXChage’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company Services (“Submissions”) provided by you to GiftCardsXChange are non-confidential and GiftCardsXChange (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
F. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the GiftCardsXChange servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that GiftCardsXChange grants the operators of public search engines revocable permission to use spiders to copy materials from www.giftcardsxchange.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
G. Suspension and Termination.
GiftCardsXChange may temporarily or permanently suspend, terminate, or otherwise refuse to permit your access to the Service or a Member Account without notice and liability for any reason, including if, in GiftCardsXChange’s sole determination, you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
H. Service Changes
All aspects of the Service are subject to change or elimination at GiftCardsXChange’s sole discretion. GiftCardsXChange reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that GiftCardsXChange will not be liable to you for any interruption of the Service, delay or failure to perform.
You are solely responsible for your interactions with other GiftCardsXChange Users, if any. We reserve the right, but have no obligation, to monitor disputes between you and other Users. GiftCardsXChange shall have no liability for your interactions with other Users, or for any User’s action or inaction.
The Service may allow you to buy or sell physical or electronic cards, coupons, codes, or the likes that are redeemable for goods or services by third parties (“Gift Cards”). You agree to pay all applicable taxes and charges imposed by any government entity in connection with your use of the Service. You agree that GiftcardsXChange is not liable for lost, damaged, or stolen mail, and that is it your responsibility to ensure that any physical gift cards you send to GiftcardsXChange arrive safely at GiftcardsXChange’s processing centers.
A. Selling Gift Cards
You hereby represent and warrant in connection with any Gift Card you sell through or on the Service, the following: i) the Gift Card is valid; ii) the Gift Card is redeemable for the amount of credit that you state through the Service; iii) that you have not in any way retained a way to redeem the Gift Card after selling the card; iv) the Gift Card and any interest therein is fully transferable to GiftcardsXChange in the manner contemplated by this Agreement, without violating any contractual or other right; v) you are the sole, lawful owner of the Gift Card and all interests thereto; vi) the Gift Card is not subject to any liens, obligations, or encumbrances of a third party; and vii) you shall comply with all other requirements to complete the Gift Card transaction, including, without limitation shipping instructions, required by the Service.
When you sell of a Gift Card to GiftcardsXChange via the Service, ownership of the Gift Card and any interest therein to GiftcardsXChange is immediately and automatically to GiftcardsXChange. You agree that you will not redeem any portion of the Gift Card at any point subsequent to the sale to GiftcardsXChange. You further agree that you will be charged a replacement fee if the Gift Card proves to be invalid, as determined in GiftcardsXChange’s reasonable discretion. The replacement fee will be equal to the balance that you reported at the time of the sale plus an additional $10 service fee. GiftcardsXChange is not responsible for any errors that you have made in entering gift card information.
B. Purchase Guarantee
If you buy any Gift Cards, GiftcardsXChange makes certain limited warranties (the “Purchase Guarantee”) regarding your Gift Card transactions, as described on the Purchase Guarantee page and hereby incorporated by reference. You acknowledge and agree that the Purchase Guarantee is subject to this Agreement and any additional terms and conditions that may be described on the Service. If you return a Gift Card, you represent and warrant in connection with any Gift Card you return through or on the Service, the following: i) the Gift Card is in the same condition as when you received it from GiftcardsXChange; ii) the Gift Card has not been used since the original purchase date; iii) the Gift Card is and shall be valid, to the best of your knowledge; iv) the Gift Card is redeemable for the amount of credit that you state through the Service; v) you have not in any way retained a way to redeem the Gift Card after returning the card to GiftcardsXChange; vi) the Gift Card and any interest therein is fully transferable to GiftcardsXChange in the manner contemplated by this Agreement, without violating any contractual or other right; vii) you are the sole, lawful owner of the Gift Card and all interests thereto; viii) the Gift Card is not subject to any liens, obligations, or encumbrances of a third party; and ix) you shall comply with all other requirements to complete the Gift Card transaction, including, without limitation shipping instructions, required by the Service.
ALL CLAIMS UNDER THE PURCHASE GUARANTEE MUST BE SUBMITTED BY EMAILING CLAIMS AT INFO@GIFTCARDSXCHANGE.COM WITHIN ONE HUNDRED (30) DAYS OF THE DATE YOU ORIGINALLY PURCHASED THE GIFT CARD THAT IS SUBJECT TO THE CLAIM. YOU SHALL NOT, DIRECTLY OR INDIRECTLY, BE ELIGIBLE TO UTILIZE THE PURCHASE GUARANTEE FOR TRANSACTIONS EXCEEDING AN AGGREGATE AMOUNT OF ONE THOUSAND DOLLARS ($1000.00) DURING YOUR LIFETIME AS A GIFTCARDSXCHANGE MEMBER. PURCHASE GUARANTEE PROGRAM DOES NOT APPLY TO ELECTRONIC GIFT CARDS OR MOBILE GIFT CARDS DUE TO THE NATURE OF THOSE PROGRAMS. GIFTCARDSXCHANGE RESERVES THE RIGHT TO LIMIT OR DISCONTINUE THE PURCHASE GUARANTEE IN OUR SOLE DISCRETION, INCLUDING WITHOUT LIMITATION IF WE BELIEVE THAT YOU HAVE ENGAGED IN FRAUD OR OTHER UNLAWFUL ACTIVITIES.
Some areas of the Service may allow Users to post feedback, comments, questions, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that whether or not such User Content published, GiftcardsXChange does not guarantee any confidentiality with respect to any User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. GiftcardsXChange reserves the right, but is not obligated, to reject and/or remove any User Content that GiftcardsXChange believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
GiftcardsXChange takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that GiftcardsXChange shall not be liable for any damages you allege to incur as a result of such User Content.
USER CONTENT LICENSE GRANT
You retain all your ownership rights in your User Content. By posting any User Content on the Service, you expressly grant to GiftcardsXChange a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, distribute, publicly perform, publicly display, make derivative works of and otherwise fully exploit all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Service. You understand and agree, however, that GiftcardsXChange may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content for which the Service does not provide you a means to delete or remove are perpetual and irrevocable.
END USER LICENSE GRANT
Subject to the terms and conditions of this Agreement, GiftcardsXChange hereby grants you a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to access and use the Service for your personal, noncommercial use only. GiftcardsXChange reserves all rights not expressly granted herein. This license terminates immediately upon any suspension or other termination by GiftcardsXChange under Section 1.D., which GiftcardsXChange may do at any time for any reason or no reason.
OUR PROPRIETARY RIGHTS
The Service and all materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and other content (excluding your User Content, the “GiftcardsXChange Content”), and all Intellectual Property Rights related thereto, are the exclusive property of GiftcardsXChange and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the GiftcardsXChange Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and you grant GiftcardsXChange a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to fully use and exploit the Feedback without any additional compensation or obligation to you, including to disclose the Feedback to anyone. You further acknowledge that, by acceptance of your submission, GiftcardsXChange does not waive any rights to use similar or related ideas.
The security safeguards that we use to protect your data vary based on the sensitivity of the information that we collect, process and store and the current state of technology. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Since we respect artist and content owner rights, it is GiftcardsXChange’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify GiftcardsXChange’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing.
A. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
B. Identification of the copyrighted work that you claim has been infringed;
C. Identification of the material that is claimed to be infringing and where it is located on the Service;
D. Information reasonably sufficient to permit GiftcardsXChange to contact you, such as your address, telephone number, and, e-mail address;
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
You agree to defend, indemnify and hold harmless GiftcardsXChange and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any data or content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code. GiftcardsXChange shall endeavor to provide notice to you of any such claim, suit or demand. GiftcardsXChange reserves the right to conduct the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting GiftcardsXChange’s defense of such matters.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GIFTCARDSXCHANGE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIFTCARDSXCHANGE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE VALUE OF YOUR TOTAL GIFT CARD TRANSACTIONS VIA THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NONE, FIVE HUNDRED ($500) U.S. DOLLARS, OR (C) ANY MATTER BEYOND GIFTCARDSXCHANGE’S REASONABLE CONTROL.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIFTCARDSXCHANGE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) LOST OR STOLEN, OR OTHERWISE UN-REDEEMABLE GIFT CARDS.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GIFTCARDSXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. GiftcardsXChange makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GiftcardsXChange without restriction.
GiftcardsXChange may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the GiftcardsXChange Services after any such modification becomes effective. GiftcardsXChange may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
GiftcardsXChange reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that GiftcardsXChange shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that GiftcardsXChange is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release GiftcardsXChange, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.
A. Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Company Services shall be governed by and construed in accordance with the internal laws of the State/Commonwealth of California, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in San Diego County, State of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website or Company Services be instituted more than two (2) years after the cause of action arose.
B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and GiftcardsXChange agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least Thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
C. Binding Arbitration. If you and GiftcardsXChange are unable to resolve a Dispute through informal negotiations, either you or GiftcardsXChange may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, GiftcardsXChange will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. 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, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in San Diego County, State of California. Except as otherwise provided in this Agreement, you and GiftcardsXChange may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
D. Restrictions. You and GiftcardsXChange agree that any arbitration shall be limited to the Dispute between GiftcardsXChange and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
E. Exceptions to Informal Negotiations and Arbitration. You and GiftcardsXChange agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or GiftcardsXChange’S intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor GiftcardsXChange will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and GiftcardsXChange agree to submit to the personal jurisdiction of that court.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. GiftcardsXChange reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
GiftcardsXChange cannot control the nature of all of the content available on the Website. By operating the Website, GiftcardsXChange does not represent or imply that GiftcardsXChange endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that GiftcardsXChange believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. The GiftcardsXChange is not responsible for the conduct, whether online or offline, of any user of the Website or Company Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GIFTCARDSXCHANGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GIFTCARDSXCHANGE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY
Except as explicitly stated otherwise, any notices given to GiftCardsXchange shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that GiftCardsXchange shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against GiftCardsXchange arising from any such loss or corruption of such data.
Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
This Agreement constitutes the entire agreement between you and GiftCardsXchange regarding the use of the Company Services. The failure of GiftCardsXchange to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. GiftCardsXchange may assign any or all of its rights and obligations to others at any time. GiftCardsXchange shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond GiftCardsXchange’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and GiftCardsXchange as a result of this Agreement or use of the Website and Company Services. Upon GiftCardsXchange’s request, you will furnish GiftCardsXchange any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against GiftCardsXchange by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact GiftcardsXChange as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
1640 Camino Del Rio. N #880455 San Diego Ca, 92108