GENERAL INTRODUCTION & OVERVIEW
The following Cash4GiftCards.com Terms of Use shall apply exclusively to the business relationship between www.Cash4GiftCards.com and you regarding your use of our website. "We," "us," "our," and "Cash4GiftCards" refer to www.Cash4GiftCards.com or our authorized representatives. "You," "your," "User," and "Users" refer to any individual that uses our website. These Cash4GiftCards.com Terms of Use form a contractual agreement ("Agreement") between you and Cash4GiftCards.com regarding our gift card cash back and trading services. These Cash4GiftCards.com Terms of Use set forth the rules, regulations, policies, and procedures that govern your use of our website. Any variations or alterations to these Cash4GiftCards.com Terms of Use shall only be binding upon Cash4GiftCards.com if agreed to in writing.
Cash4GiftCards.com offers Users the opportunity to sell their unwanted gift cards to us for cash. If a User submits an offer to Cash4GiftCards.com to sell an unwanted gift card for cash and we accept the offer, generally we will pay 75% of the current value of valid, unexpired gift cards. And generally we will pay 25% of the pre-expiration value for expired gift cards. IMPORTANT EXCEPTION: If the User's gift card is not from a national / multi-regional retailer OR if the gift card's terms and conditions are too restrictive OR if the gift card is not in high demand in the marketplace, we may not be able to purchase it at the above rates of 75% (for unexpired gift cards) and 25% (for expired gift cards). However, we may offer to purchase the User's gift card at a lower rate.
Cash4GiftCards.com also offers Users the opportunity to trade their unwanted gift cards for any gift card(s) in our Cash4GiftCards.com trading inventory. We offer Users several trading options including Even Trades, Upgrade Trades, Cash Back Trades, and Wash Trades. For a detailed description of each type of trade, please see the section below titled "Trading Your Gift Card with Cash4GiftCards.com?" If a User submits an offer to Cash4GiftCards.com to trade an unwanted gift card for any gift card(s) in our Cash4GiftCards.com trading inventory and we accept the offer, we will charge the User a Trade Fee equal to 15% of the current value of the User's gift card; we may charge the User additional fees depending on the type of trade the User selects (e.g., an Upgrade Trade has an Upgrade Charge, a Cash Back Trade has a Cash Back Fee, etc.).
Each offer submitted by a User to sell an unwanted gift card to us for cash or to trade an unwanted gift card for any gift card(s) in our Cash4GiftCards.com trading inventory is independent of all other offers submitted by the User. Each offer submitted by a User is to either sell or trade only one of the User's unwanted gift cards. IMPORTANT EXCEPTION: If a User has multiple gift cards from the same merchant, the User may combine their values and submit them as a single offer. Please note that the multiple gift cards must be of the same type (e.g., gift cards, store credits, gift certificates, etc.).
All references to monetary amounts are in United States dollars and cents.
Users are solely responsible for all taxes, charges, or other liabilities related to or resulting from their use of our www.Cash4GiftCards.com website.
Cash4GiftCards.com is not liable or responsible for any actions taken by any person who uses our www.Cash4GiftCards.com website.
CONTACT INFORMATION
C4GCards
PO Box 553
Castle Rock, CO 80104
(303) 688-7874
GiftCardServices@Cash4GiftCards.com
Monday - Friday, 9 AM - 5 PM Mountain Time, excluding holidays
If you choose to contact us by phone and reach our voice mail, please leave a detailed message and we will return your call as soon as possible.
MEMBERSHIPS
We are members of the Better Business Bureau of Denver (www.bbb.org/denver).
PROPRIETARY RIGHTS
All www.Cash4GiftCards.com website design, text, graphics, the selection and arrangement thereof, and all software and client-side scripts are the copyrighted property of Cash4GiftCards.com, are protected by United States copyright law and international treaty provisions, and may not be used without the prior express written permission of Cash4GiftCards.com Copyright © 2004-2012, Cash4GiftCards.com℠ All rights reserved.
***WARNING***: Do not take any materials from this website including but not limited to our content, text, data, information, client-side scripts for our Cash4GiftCards.com Gift Card Trade-In Calculator© or any other code or scripts (HTML, JavaScript or other code of a page), artwork, graphics, designs, photographs or images. Our materials are protected under United States and international copyright laws. Any copying, production, distribution, or display of copyrighted materials owned by Cash4GiftCards.com without the prior express written permission of Cash4GiftCards.com is subject to prosecution for copyright infringement.
***WARNING***: Cash4GiftCards.com regularly monitors the Internet in order to protect its intellectual property rights. You could be at serious financial risk for violating our copyright and trademark. Copyright and trademark infringement liability can be substantial including attorney's fees, court costs, and damages!
The name "Cash4GiftCards.com," the phrase "Gift Cards Big & Small . . . We Take 'Em All!", and all other names, logos, and icons identifying Cash4GiftCards.com and its services are trademarks in the United States and other countries. Any use of such proprietary service marks without our prior express written consent is strictly prohibited.
All other copyrights, trademarks, service marks, brands, product names, and company names or logos for any products and/or materials referenced on our Cash4GiftCards.com website are the property of their respective owners.
You understand and agree that you may not sell, license, rent, lease, loan, duplicate, copy, cut and paste, imitate, mirror, frame, publicly display, collect, compile, download, reproduce, publish, modify, adapt, edit, post, broadcast, publicly perform, distribute, or otherwise transmit any intellectual, application, database, or directory information or other Cash4GiftCards.com website content and materials in whole or in part or create derivative works thereof including but not limited to fonts, icons, link buttons, wall paper, desktop themes, or unlicensed merchandise without our prior express written consent.
You understand and agree that all content and materials on the Cash4GiftCards.com website or made available to you through this website (including but not limited to our computer programs, tools, interfaces, images, designs, documentation, ideas, services, information, and other intellectual property) are the sole property of Cash4GiftCards.com and are protected by copyrights, service marks, and other intellectual property rights and laws in the United States and internationally. You understand and agree that you do not own or otherwise have a proprietary interest in or right to use such content and materials.
You understand and agree that any use of the content or materials found on this www.Cash4GiftCards.com website without the prior express written consent of Cash4GiftCards.com is strictly prohibited and may violate intellectual property laws as well as other rules, regulations, laws, and statutes. Unauthorized use is subject to civil and criminal penalties.
ACCEPTANCE of TERMS THROUGH USE
By using our Cash4GiftCards.com website, you accept these Cash4GiftCards.com Terms of Use. PLEASE READ THESE Cash4GiftCards.com TERMS OF USE CAREFULLY! Your use of our Cash4GiftCards.com website, your submission of an offer to sell us your gift card for cash wherein you acknowledge that "I Agree to the Cash4GiftCards.com Terms of Use," and/or your submission of an offer to trade your gift card for any gift card(s) in our Cash4GiftCards.com trading inventory wherein you acknowledge that "I Agree to the Cash4GiftCards.com Terms of Use" constitutes your agreement to and acceptance of these Cash4GiftCards.com Terms of Use.
If you do not agree to and accept these Cash4GiftCards.com Terms of Use, please do not use our Cash4GiftCards.com website, do not offer to sell your gift card(s) to us, do not offer to trade your gift card(s) with us, and do not acknowledge that you agree to these Cash4GiftCards.com Terms of Use.
CHANGES TO THESE Cash4GiftCards.com TERMS OF USE
These Cash4GiftCards.com Terms of Use are effective as of January 11, 2013, 12:01 AM Mountain Time.
These Cash4GiftCards.com Terms of Use are subject to change without notice. Cash4GiftCards.com reserves the right to update or revise these Cash4GiftCards.com Terms of Use at any time and without notice. Cash4GiftCards.com reserves the right to make the updated/revised Cash4GiftCards.com Terms of Use effective immediately. In the event we do update/revise these Cash4GiftCards.com Terms of Use, the updated/revised Terms of Use will include the effective date and time of the revision.
Pending Transactions Exception - If your transaction is pending when the Cash4GiftCards.com Terms of Use are updated/revised, your pending transaction will be governed by the version of the Terms of Use in effect at the time you agreed to be bound by those Terms of Use for that transaction.
You agree that you are responsible for remaining knowledgeable about these Cash4GiftCards.com Terms of Use. Therefore, we suggest that you periodically review these Cash4GiftCards.com Terms of Use for any changes. Your continued use of our Cash4GiftCards.com website after a change to these Cash4GiftCards.com Terms of Use has been posted on the website constitutes your agreement to and acceptance of the change.
LIMITED LICENSE
Cash4GiftCards.com grants you a non-exclusive, non-transferable, limited, fully revocable license to make personal use only of our website in strict accordance with these Cash4GiftCards.com Terms of Use. Such grant does not include, without limitation:
Any resale, transfer, license, sublicense, leasing, renting, commercial use, or other use in any manner not expressly permitted herein of our website or any of its content;
Any decompilation, disassembly, reverse engineering, reverse compiling, reverse assembling, modification, alteration, editing, reformatting, translation, adaptation, conversion into human readable form, or otherwise discovering any of the intellectual, application, database, or directory information or other contents of our website not intended to be so read, including the use of or directly viewing the underlying HTML, source code, or other executable code from our website except as interpreted and displayed in a web browser;
Any duplicating, copying, cutting and pasting, imitating, mirroring, framing, displaying, collecting, compiling, downloading, reproducing, distributing, publishing, posting, broadcasting, public performing, or otherwise transmitting any of the intellectual, application, database, or directory information or other contents or materials of this website including any Cash4GiftCards.com trademarks or service marks in any form or by any means including but not limited to electronic, mechanical, photocopying, recording, or otherwise;
Making, authorizing, or commissioning others to make any additions to, deletions from, or modifications to our website or any of the contents of our website;
Creating, authorizing, or commissioning others to create derivative works from concepts or code on our website or any of the contents contained on our website; or
Any use of specialized computer programs including but not limited to web robots, data miners, web wanderers, crawlers, scrapers, spiders, or any other automated or manual device, tools, techniques, process, or similar data gathering and extraction methods designed to directly or indirectly systematically download, retrieve, or copy the contents of this website, to monitor or gather any data or any other information from our website, or to monitor or collect any data or any other information from or about any Users of our website. Use of such automated tools to retrieve and data mine information from our website may violate certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. - 1030 et seq.) and the Digital Millennium Copyright Act.
You agree not to make any false or fraudulent statements in your use of or to gain access to our Cash4GiftCards.com website. You may create a hyperlink to Cash4GiftCards.com as long as the hyperlink does not portray Cash4GiftCards.com or its affiliates in a negative, derogatory, or offensive manner.
You agree that: (1) you will not disturb, interfere with, or interrupt the operation of our Cash4GiftCards.com website in any way; and (2) you will not attempt to disturb, interfere with, or interrupt the operation of our Cash4GiftCards.com website in any way.
You agree that you shall not manipulate or attempt to manipulate our Cash4GiftCards.com website in any way.
You agree not to use our Cash4GiftCards.com website in any manner that is pornographic, defamatory, disparaging, threatening, deceptive, obscene, offensive and/or offends common decency, profane, harassing, objectionable, unlawful, or otherwise violates these Cash4GiftCards.com Terms of Use.
Nothing in these Cash4GiftCards.com Terms of Use or on our Cash4GiftCards.com website shall be construed as granting you any other rights or privileges of any kind with respect to our gift card services or to any content.
Any use of content or materials developed by Cash4GiftCards.com for any purpose not expressly permitted in these Cash4GiftCards.com Terms of Use is prohibited.
All rights not explicitly granted herein are expressly reserved by Cash4GiftCards.com
ELIGIBILITY
To be eligible to sell your gift card to or trade your gift card with Cash4GiftCards.com: (1) You must be a legal U.S. resident with a permanent address in the 50 United States or the District of Colombia; and (2) You must be at least 18 years of age and of full legal age in your state of residence. Gift cards are void where prohibited by law. Any federal, state, or local taxes (as may be applicable) are your sole responsibility.
The services provided by Cash4GiftCards.com are offered exclusively to private individuals and not to companies or commercial resellers. We reserve the right to exclude companies and commercial resellers from using our services and to close their User accounts at any time.
Your ability to sell your gift card to or trade your gift card with Cash4GiftCards.com is subject to the prior approval of Cash4GiftCards.com At any time in our sole discretion, Cash4GiftCards.com reserves the right to refuse a User's offer to sell the User's gift card to or trade the User's gift card with Cash4GiftCards.com. Cash4GiftCards.com is not obligated to accept any offers to sell or trade gift cards from any User for any reason.
Cash4GiftCards.com reserves the right to limit at its sole discretion the total number of offers submitted by a User to sell the User's gift cards to or trade the User's gift cards with Cash4GiftCards.com
In order to sell your gift card to or trade your gift card with Cash4GiftCards.com, you must establish a Cash4GiftCards.com Cash Back Account (to sell your gift card) or a Cash4GiftCards.com Trading Account (to trade your gift card). You will be required to provide valid contact information including your name, email address, and telephone number to enable us to communicate with you regarding your transaction(s). You will be prompted to provide a password for your account and to answer a few security questions in case you forget your password.
Important Note: A valid PayPal account with a valid United States PayPal Confirmed Shipping Address will also be required to process trading transactions involving any payments to Cash4GiftCards.com. The name and email address for your PayPal account must match the name and email address you provide to Cash4GiftCards.com when you set up your Cash4GiftCards.com Trading Account.
You must use the Cash4GiftCards.com Tracking System in your Cash4GiftCards.com Cash Back Account to monitor the status of your cash back transactions when you sell your gift card to Cash4GiftCards.com. And you must use the Cash4GiftCards.com Trading Account Details in your Cash4GiftCards.com Trading Account to monitor the status of your trading transactions when you trade your gift card for any gift card(s) in our Cash4GiftCards.com trading inventory.
Every time you make an offer to sell your gift card to Cash4GiftCards.com for cash and we accept your offer, you must establish your eligibility by acknowledging that you have read, understand, and agree to our Cash4GiftCards.com Terms of Use. Every time you make an offer to trade your gift card with Cash4GiftCards.com for any gift card(s) in our Cash4GiftCards.com trading inventory, you must establish your eligibility by acknowledging that you have read, understand, and agree to our Cash4GiftCards.com Terms of Use.
PLEASE READ THIS CAREFULLY! By submitting any offer to sell your gift card to or trade your gift card with Cash4GiftCards.com on our Cash4GiftCards.com website, you declare that you are at least 18 years old and of full legal age in your state of residence, and that you are legally capable of entering into a binding contract. Your offer to sell your gift card to or trade your gift card with Cash4GiftCards.com constitutes your legal capability and your willingness to enter into a binding contract with Cash4GiftCards.com.
You must provide current, factual, and accurate identification, contact, eligibility, and other information that may be required as part of our Cash4GiftCards.com Cash Back Account and Cash4GiftCards.com Trading Account creation process and for continued use of our Cash4GiftCards.com website. You must keep your contact information (including your email address and phone number) accurate and up to date in your Account(s) as we process your transaction(s). You represent, warrant, and covenant that the identification, contact, eligibility and other information that you supply is true, correct, and complete. PLEASE READ THIS CAREFULLY! We deem such data necessary to prevent fraud and to correctly identify you prior to granting you access to our cash back and trading services. If you submit inaccurate or invalid information at the time you create your Account(s), or if at any time during the processing of your transaction(s) we determine that your contact information is invalid, Cash4GiftCards.com reserves the right at its sole discretion to cancel your transaction(s) and to close your Account(s) at any time and without notice, with no further obligation on our part.
You agree that you will create only one Cash4GiftCards.com Cash Back Account and one Cash4GiftCards.com Trading Account. Additionally, you understand and agree that a valid PayPal account with a valid United States PayPal Confirmed Shipping Address will be required to process trading transactions involving any payments to Cash4GiftCards.com. The name and email address for your PayPal account must match the name and email address you provide to Cash4GiftCards.com when you set up your Trading Account.
If we determine that you have created more than one Cash4GiftCards.com Cash Back Account or more than one Cash4GiftCards.com Trading Account with multiple identities, we reserve the right at our sole discretion to cancel your transactions and to close your Accounts at any time and without notice.
If we determine that you have breached these Cash4GiftCards.com Terms of Use in any manner, we reserve the right at our sole discretion to cancel your transactions and to close your Accounts at any time and without prior notice.
User Cash Back and Cash4GiftCards.com Trading Accounts are non-assignable and non-transferable. You understand and agree that only you may use your Accounts. Nobody else may use your Accounts.
All rights not explicitly granted herein are expressly reserved by Cash4GiftCards.com
Cash4GiftCards.com EMAIL NOTIFICATIONS
You agree to allow us to contact you by email with administrative updates including but not limited to email notifications regarding your transaction(s) to sell your gift card(s) to or trade your gift card(s) with Cash4GiftCards.com
You understand and agree that your email address and information contained in the email may be intercepted by third parties during transmission over the Internet without the permission of you or Cash4GiftCards.com
You understand and agree that Cash4GiftCards.com is not responsible for any email notification that is delayed or is never received by you for any reason whatsoever including but not limited to: email messages that are delayed, misdirected, or lost due to interruptions or fluctuations in the Internet; and email messages that are never received by you due to spam filters implemented by your Internet Service Provider, or email filtering software used by you.
PROTECT YOUR PASSWORD
Prior to selling your gift card to or trading your gift card with Cash4GiftCards.com, you must establish a Cash4GiftCards.com Cash Back Account (to sell your gift card) or a Cash4GiftCards.com Trading Account (to trade your gift card). You will be required to provide valid contact information including your name, email address, and telephone number. You will be prompted to provide a password for your account and to answer a few security questions in case you forget your password.
You agree that you will select a unique password not easily guessed by another party. You agree that you are responsible for maintaining the confidentiality of your password and your Account(s).
You agree that you shall keep your password strictly confidential and use your best efforts to protect and prevent access to our Cash4GiftCards.com website through your password by anyone other than yourself. You agree that you shall NEVER give your password to anyone, including Cash4GiftCards.com employees.
You agree that you are fully responsible for all activities that occur under your password and your Account(s) including, without limitation, any use by any third party. You agree that you shall be liable for all activities undertaken by you or others using your Account(s). You agree that you are solely and exclusively responsible for any unauthorized use by others of your Account(s). [Protect yourself against fraudulent websites by opening a new web browser (e.g., Internet Explorer, Firefox / Netscape, or Opera) and typing in the Cash4GiftCards.com URL (www.cash4giftcards.com) every time you log in to your Account(s).]
In the event of any unauthorized use of your password, any unauthorized access to your password by another person or entity not under your control and supervision, any loss of your password, any unauthorized use of your Account(s), or any other breach or attempted breach of the security of your Account(s) or the Cash4GiftCards.com website, you agree that you will immediately notify Cash4GiftCards.com at GiftCardServices@Cash4GiftCards.com and promptly change your password.
Cash4GiftCards.com SECURITY QUESTIONS
Prior to selling your gift card to or trading your gift card with Cash4GiftCards.com, you must establish a Cash4GiftCards.com Cash Back Account (to sell your gift card) or a Cash4GiftCards.com Trading Account (to trade your gift card). You will be required to provide valid contact information including your name, email address, and telephone number. You will be prompted to provide a password for your account and to set up security questions in order to enhance the security and privacy of your transactions.
After you sign in to your Account(s), we will invite you to select and answer three security questions. The personalized answers you provide should be easy for you to remember but difficult for anyone else to guess. NOTE: We will never ask you to provide answers to your security questions via email.
In the event you forget your password when you are signing in to your Account(s), you will be prompted to answer one or more of your three security questions. Your correct answers to these questions will help us confirm your identity, and you will be given immediate access to your transactions. You will also be provided with the password you used to set up your Account(s) and an opportunity to change your password if you would like to do so.
If you are not able to answer any of your security questions, your Account(s) may be temporarily locked while we attempt to verify your identity via email and/or phone. Once we confirm your identity, we will email a new password to you. This verification process should be completed within 24-48 hours after your Account was locked.
GIFT CARD\CERTIFICATE VALIDATION PROCESS AND FEES
(I) In order to sell your gift card to or trade your gift card with Cash4GiftCards.com, you must be the owner of the gift card and legally able to sell such item. The gift card must be transferable.
If applicable, the gift card must be activated before you send it to us or you must provide us with gift card activation instructions.
(II) Once we receive your gift card, we will attempt to validate your gift card (i.e., verify the value and expiration date, if any).
Because we deal with a high volume of transactions and in order to protect ourselves against gift card fraud, we require approximately 4 weeks to process your gift card transaction. This allows us sufficient time to fully investigate the history of each gift card submitted to us for processing to make sure that the gift card is from a legitimate source, and it allows us the opportunity to validate your gift card as we process your transaction.
(III) All gift card information provided by you must be accurate. We must be able to verify your description of the merchant, expiration date, and amount of your gift card.
We may refuse to accept your gift card in the event of any discrepancy between your description of the gift card (merchant, expiration date, and amount) and the gift card we receive from you; we reserve the right to cancel your transaction or take such steps as we deem reasonable. Our liability will be limited to the return of your gift card at your expense (e.g., via Collect on Delivery, more commonly known as COD) and the refund of any fees (if applicable), without any further obligation on our part. Please note that if your gift card has been confiscated by the authorities or the merchant for suspected gift card fraud, we are under no obligation to return your gift card.
You understand and agree that if we return your gift card at your expense via COD, the U.S. Postal Service will collect the entire cost of postage for the shipment of your gift card back to you. You understand and agree that the cost of postage may include one or more of the following services in order to provide the maximum security for the gift card shipment, to prevent fraud, and to guarantee that the gift card is properly returned to you: Registered Mail, Restricted Delivery, insurance, electronic return receipt, etc. Generally, a signature will be required upon delivery.
All questions or disputes regarding the validity of a gift card submitted by you will be resolved by Cash4GiftCards.com at its sole discretion.
Selling Your Gift Card to Cash4GiftCards.com for Cash?
If we agree to purchase your gift card for cash, generally we will pay 75% for an unexpired gift card or 25% of an expired gift card's pre-expiration balance.
IMPORTANT EXCEPTION: If your gift card is not from a national / multi-regional retailer OR if the gift card's terms and conditions are too restrictive OR if the gift card is not in high demand in the marketplace, we may not be able to purchase it at the above rates of 75% (for unexpired gift cards) and 25% (for expired gift cards). However, we may offer to purchase your gift card at a lower rate.
Although we have maintained the above 75% unexpired gift card and 25% expired gift card payment structures since we launched our Cash4GiftCards.com website in March 2004, we reserve the right at our sole discretion to change such payment structures from time to time.
Once we receive your gift card and complete the processing of your transaction, a payment in the form of a money order or cashier's check will be sent to you. On average the entire process takes approximately 4 weeks.
Trading Your Gift Card with Cash4GiftCards.com?
You can make us an offer to trade your gift card for one or more gift card(s) in the Cash4GiftCards.com trading inventory. If we accept your offer to trade, we will notify you by email.
If we accept your gift card for trade, we will charge the following fees, depending on the type of trade you create:
Cash4GiftCards.com Even Trade: If the value of your gift card EQUALS the value of our gift card(s) that you select for trade, you will be charged a trading fee equal to 15% of the current value of your gift card.
Cash4GiftCards.com Upgrade Trade: If the value of your gift card is LESS THAN the value of our gift card(s) that you select for trade, you will be charged (1) a trading fee equal to 15%
of the current value of your gift card AND (2) an upgrade charge equal to the difference in value between our gift card(s) and your gift card.
Cash4GiftCards.com Cash Back Trade: If the value of your gift card is MORE THAN the value of our gift card(s) that you select for trade, you will receive cash back if the difference in value between your gift card and our gift card(s) is greater than (1) the trading fee equal to 15% of the amount of your gift card that is applied towards the trade for our gift card(s) AND (2) the cash back fee equal to 25% of the difference in value between your gift card and our gift card(s).
Cash4GiftCards.com No Cash Back Trade: If the value of your gift card is MORE THAN the value of our gift card(s) that you select for trade, you will owe an amount to Cash4GiftCards.com if the difference in value between your gift card and our gift card(s) is less than (1) the trading fee equal to 15% of the amount of your gift card that is applied towards the trade for our gift card(s) AND (2) the cash back fee equal to 25% of the difference in value between your gift card and our gift card(s).
Cash4GiftCards.com Wash Trade: If the value of your gift card is MORE THAN the value of our gift card(s) that you select for trade, you will not receive cash back and you will not owe an amount to Cash4GiftCards.com if the difference in value between your gift card and our gift card(s) is exactly equivalent to (1) the trading fee equal to 15% of the amount of your gift card that is applied towards the trade for our gift card(s) AND (2) the cash back fee equal to 25% of the difference in value between your gift card and our gift card(s).
Regarding the above trading fees, we reserve the right at our sole discretion to change the amount of such fees from time to time.
If we accept your offer to trade your gift card for our gift cards and you owe an amount to Cash4GiftCards.com for the trade (e.g., your trade is either a Cash4GiftCards.com Even Trade or a Cash4GiftCards.com Upgrade Trade -- see examples of each type of Trade above), then you will see a "PAY WITH PAYPAL" button in the Cash4GiftCards.com Trading Account Details for your transaction. Simply click on the "PAY WITH PAYPAL" button and you will be taken to PayPal to pay the amount you owe to trade for our gift cards. YOU MUST PAY ANY TRADING FEES YOU OWE FOR YOUR TRANSACTION VIA PAYPAL WITHIN 48 HOURS OF OUR ACCEPTANCE OF YOUR OFFER TO TRADE OR YOUR TRANSACTION WILL BE AUTOMATICALLY CANCELLED. We do not want gift cards in our Cash4GiftCards.com trading inventory to be held in trading transactions by Users who do not intend to complete those transactions. Therefore, this 48-hour payment deadline will be strictly enforced in order to maximize the availability of gift cards in our Cash4GiftCards.com trading inventory to all Users.
After you submit payment for your transaction (or if you did not owe an amount to Cash4GiftCards.com for the trade because your trade was either a Cash4GiftCards.com Cash Back Trade or a Cash4GiftCards.com Wash Trade -- see examples of each type of Trade above), then you will see a "PRINT" button in the Cash4GiftCards.com Trading Account Details for your transaction. Simply click on the "PRINT" button to print a copy of your transaction details and mailing instructions and send a copy with your gift card to the address provided.
Important: If we accept your offer to trade your gift card for our gift cards and you DO NOT owe an amount to Cash4GiftCards.com for the trade (e.g., your trade is either a Cash4GiftCards.com Cash Back Trade or a Cash4GiftCards.com Wash Trade -- see examples of each type of Trade above), then you will see a "Due By" date and time under "Send Card to Cash4GiftCards" in the Cash4GiftCards.com Trading Account Details for your transaction. You will need to mail your gift card to Cash4GiftCards.com so that we RECEIVE your gift card by the "Due By" deadline. Generally, the "Due By" deadline is 10 days following our acceptance of your offer to trade. WE MUST RECEIVE YOUR GIFT CARD BY THE "DUE BY" DEADLINE FOR YOUR TRADING TRANSACTION OR YOUR TRANSACTION WILL BE CANCELLED. We do not want gift cards in our Cash4GiftCards.com trading inventory to be held in trading transactions by Users who do not intend to complete those transactions. The purpose of this 10-day deadline is to maximize the availability of gift cards in our Cash4GiftCards.com trading inventory to all Users.
If we receive your gift card after your trading transaction has been cancelled, we reserve the right at our sole discretion to return your gift card to you at your expense (e.g., via Collect on Delivery, more commonly known as COD), with no further obligation on our part.
You understand and agree that if we return your gift card at your expense via COD, the U.S. Postal Service will collect the entire cost of postage for the shipment of your gift card back to you. You understand and agree that the cost of postage may include one or more of the following services in order to provide the maximum security for the gift card shipment, to prevent fraud, and to guarantee that the gift card is properly returned to you: Registered Mail, Restricted Delivery, insurance, electronic return receipt, etc. Generally, a signature will be required upon delivery.
Assuming that your trading transaction has not been cancelled for failure to timely pay your trading fees or for failure to timely ship your gift card to us so that we receive it by the "Due By" deadline, then we will attempt to validate your gift card once we receive your gift card. If there are any problems with your gift card (e.g., we cannot verify the gift card balance as stated in your offer to trade, the gift card has not been activated by the merchant, the gift card has been deactivated by the merchant, etc.), we will notify you by email and attempt to work with you to validate your gift card.
Assuming that we are able to successfully validate your gift card, we will send you the gift card(s) you selected for trade from our Cash4GiftCards.com trading inventory. If your transaction involved a Cash4GiftCards.com Cash Back Trade (see the example of a Cash4GiftCards.com Cash Back Trade above), then we will also send you a Cash Back payment in the form of a money order or cashier's check.
On average the entire process takes approximately 4 weeks.
Note #1: For any transactions that involve payments by you of trading fees to Cash4GiftCards.com, once you have paid the trading fees and we have successfully received and validated your gift card, Cash4GiftCards.com will not refund the trading fees. PLEASE READ THIS CAREFULLY! Refunds of trading fees are not available once we have successfully received and validated your gift card for trade; payment by you of trading fees creates a legally binding contract to trade your gift card for one or more gift card(s) in the Cash4GiftCards.com trading inventory. You represent, warrant, and covenant that the trading fees you incur will be honored by you and that you will not request a refund of those trading fees. In the event a dispute arises out of or in connection with your Cash4GiftCards.com Trading Account, Cash4GiftCards.com reserves the right to block access to your Trading Account and to withhold any outstanding gift card deliveries until we have received payment in full for all trading fees you have incurred.
Note #2: You are required to have a valid PayPal account with a valid United States PayPal Confirmed Shipping Address for any trading transactions that involve payments by you of trading fees to Cash4GiftCards.com. The name and email address for your PayPal account must match the name and email address you provide to Cash4GiftCards.com when you set up your Cash4GiftCards.com Trading Account.
For any trading transactions that involve payments by you of trading fees to Cash4GiftCards.com, you represent, warrant, and covenant that you are the owner of the PayPal account used to pay such trading fees and that you are authorized to use the PayPal account to make such payments.
For any trading transactions that involve payments by you of trading fees to Cash4GiftCards.com, PayPal allows you to make payments to us without sharing any of your sensitive financial information with us. While we have chosen PayPal as our safe and secure online third-party payment service provider for the payment of trading fees, you understand and agree that we do not have control of your financial information and are therefore not liable for any misuse of your financial information in the event the PayPal service is compromised.
GIFT CARD FRAUD
You authorize Cash4GiftCards.com to verify the validity of any gift card that you submit.
WARNING: By agreeing to these Cash4GiftCards.com Terms of Use, you acknowledge and understand that if a gift card that you submit to Cash4GiftCards.com for cash or trade becomes invalid due to fraudulent activity, you are responsible for any losses incurred by Cash4GiftCards.com. We may institute legal proceedings against you to recover any and all damages that Cash4GiftCards.com may suffer related to your failure to submit a valid gift card that is free from any fraudulent activity. You agree to pay Cash4GiftCards.com for all collection fees, attorney's fees, court costs, and other expenses involved in collecting any damages hereunder.
WARNING: The fraudulent submission of a gift card constitutes mail fraud under the U.S. Mail Fraud Statute (Title 18, United States Code, Section 1341).
Cash4GiftCards.com is not responsible for any gift card that is confiscated by the authorities or the merchant in the course of their investigation of suspected gift card fraud. Further, Cash4GiftCards.com is not responsible for any gift card that is cancelled, suspended, or deactivated by the merchant in the course of their investigation of potential gift card fraud.
RETURN POLICY
Each gift card in our Cash4GiftCards.com trading inventory has a unique gift card number, and gift cards are considered the same as cash. Therefore, once you trade your gift card for any gift card(s) in our Cash4GiftCards.com trading inventory, all trades are final and gift cards cannot be returned or exchanged.
GIFT CARDS MAILED BY YOU TO Cash4GiftCards.com
Cash4GiftCards.com is not responsible for any gift card sent by you to Cash4GiftCards.com that is late, delayed, misdirected, lost, or stolen in the mail. Therefore, we recommend that you mail your gift card with insurance and tracking. Also, please use a strong envelope for shipments containing multiple gift cards. Below is a brief summary of various shipping services and their policies regarding the shipment of gift cards.
Before mailing your gift card to us, please check with the shipping service you plan to use to obtain the most up to date information regarding their gift card shipping policies.
U.S.P.S. -- According to the United States Postal Service, gift cards can be insured for their full value ONLY when sent by Registered Mail. Gift cards sent by Express Mail or another class of mail with merchandise insurance are protected only up to the maximum indemnity for cash and negotiable items, which is $15.
FedEx -- According to FedEx, shipments containing gift cards are limited to a maximum declared value of $1,000.
UPS -- According to UPS, their liability for a package containing a gift card is limited to the cost (which shall not include any amount of the value attached to the card) of replacing the physical card, not to exceed $100 per package. In no event shall UPS be liable for the face value of any gift card.
GIFT CARDS MAILED BY Cash4GiftCards.com TO YOU
Cash4GiftCards.com will ship the gift card(s) you select for trade to the PayPal account holder's Confirmed Shipping Address (if applicable), located solely within the 50 states of the United States and the District of Colombia. We explicitly do not allow shipments to U.S. Territories and military (APO/FPO) addresses.
Your gift card(s) will be shipped free of charge via the United States Postal Service or FedEx. Shipment dates exclude weekends and holidays. We may protect our shipments with one or more of the following services in order to provide the maximum security for our gift card shipment, to prevent fraud, and to guarantee that the gift card is properly delivered to you: Registered Mail, Restricted Delivery, insurance, electronic return receipt, etc. A signature is required upon delivery.
Upon shipment of your gift card(s), Cash4GiftCards.com will update your trading transaction(s) with a Tracking Number for your package. To monitor the status of your gift card shipment, login to your Cash4GiftCards.com Trading Account and review your Cash4GiftCards.com Trading Account Details to obtain the Tracking Number for your package.
Upon successful delivery of your gift card(s) (as evidenced by the signature upon delivery), Cash4GiftCards.com is thereafter not responsible for replacing gift cards that are lost, stolen, or damaged.
If the shipment of your gift card(s) is returned to Cash4GiftCards.com as undeliverable due to any reasons attributable to you, then we will reship the package to you at your expense via Collect on Delivery (COD). Reasons attributable to you for the inability of the U.S. Postal Service or FedEx to successfully deliver the original shipment to you include but are not limited to: (1) an incorrect, misleading, or incomplete shipping address provided by you directly to us or via your PayPal Confirmed Shipping Address (if applicable); (2) your failure to accept delivery of the shipment; or (3) your failure to arrange for redelivery of the shipment or failure to pick up the shipment at your local post office or FedEx facility after receiving delivery attempt notices from the local post office or FedEx.
Before reshipping the package COD, we will contact you for confirmation of your correct shipping address. You understand and agree that when we reship the package COD, the U.S. Postal Service will collect the entire cost of postage for the reshipment from you at the time of redelivery. You understand and agree that the cost of postage for the reshipment may include one or more of the following services in order to provide the maximum security for our gift card shipment, to prevent fraud, and to guarantee that the gift card is properly redelivered to you: Registered Mail, Restricted Delivery, insurance, electronic return receipt, etc. A signature will be required upon redelivery.
Cash4GiftCards.com will ship the gift card(s) you select for trade once we have completed the processing of your gift card transaction. We require approximately 4 weeks to process your gift card transaction.
The delivery of your gift cards is dependent upon many factors outside of our control, such as delays in the U.S. mail service. Delivery times may vary, particularly during peak periods. Cash4GiftCards.com makes no representations, warranties, or guarantees regarding U.S. Postal Service or FedEx transit times. You understand and agree that Cash4GiftCards.com is not responsible for U.S. Postal Service or FedEx transit times.
Expedited delivery of your gift card(s) may be available upon request, for an additional fee. Email us at GiftCardServices@Cash4GiftCards.com for details.
PRIVACY POLICY -- Notice of Cash4GiftCards.com Privacy Practices
When you use our Cash4GiftCards.com website, we will exercise due care in handling your personal information. Your personal information will be held in strict confidence. Cash4GiftCards.com reserves the right to involve third parties to satisfy our contractual obligations without being required to notify you.
You understand and agree that in the event another company buys the assets of Cash4GiftCards.com, your personal information may then belong to another entity.
Cash4GiftCards.com will not distribute, rent, sell, or lease your personal information to third parties. However, we may provide information to law enforcement, government, or other entities when we are required or authorized to do so by federal, state or local law or regulation. Further, we reserve the right to disclose your personal information as we reasonably determine to be necessary to protect our rights, to fight fraud, or to enforce our Cash4GiftCards.com Terms of Use. As examples only and without limitation:
We may be legally compelled to release your personal information in response to court orders, subpoenas, search warrants, and other legal processes issued by courts;
We may share your personal information as required by law, including in response to an order of an administrative tribunal;
We may provide your personal information in response to a discovery or other lawful request;
We may disclose your personal information to assist law enforcement to identify or locate a suspect, fugitive, material witness, etc. and when necessary to prevent a serious threat to public health and safety;
We may release your personal information to the appropriate authorities to help prevent identity takeover;
We may share your personal information with the appropriate authorities to help prevent terrorist activity;
We may provide your personal information for national security and intelligence activities and for the provision of protective services to the President of the United States and other officials or foreign heads of state;
We may disclose your personal information in response to requests by government authorities to facilitate certain governmental functions;
We may release your personal information to a collection service for any unpaid debt you incur with us for goods and/or services we provide to you, and the collection service may report your account to the three national credit bureaus if you do not pay your account;
We may share your personal information in response to requests by merchants in their investigation of potential gift card fraud, etc.
To better serve you and to help ensure that your online transactions are secure, Cash4GiftCards.com uses session identifiers, also known as "cookies." These temporary cookies are small data files stored by your web browser on your computer's hard drive. We use temporary cookies to allow you to move easily and securely between our web pages and to complete transactions. These temporary cookies do not contain personally identifying information. These temporary cookies do not gather and store information about your visits to other websites.
You can, of course, disable cookies on your computer by indicating this in the Preferences or Options menus in your web browser. However, it is possible that some parts of our website will not operate correctly if you disable cookies. You understand and agree that Cash4GiftCards.com is not responsible for any errors, omissions, or inaccuracies caused by your disabling of cookies.
UNAUTHORIZED TRANSACTIONS
You can inspect your cash back and trading transactions at any time by logging in to your Cash4GiftCards.com Cash Back Account and/or your Cash4GiftCards.com Trading Account on the Cash4GiftCards.com website. In the event of any unauthorized access to or use of your Account(s) by another person or entity not under your control and supervision, or in the event of any other breach or attempted breach of the security of your Account(s) or the Cash4GiftCards.com website, you agree that you will immediately notify Cash4GiftCards.com at GiftCardServices@Cash4GiftCards.com. Further, you agree to promptly change your password and take whatever other steps you deem helpful and necessary to secure your Account(s). Following notification by you of the security breach with your Account(s), we will suspend your Account(s) pending the results of our investigation.
DISQUALIFICATION
Cash4GiftCards.com reserves the right in our sole discretion to temporarily or permanently disqualify a User or disable their Cash4GiftCards.com Cash Back Account and/or Cash4GiftCards.com Trading Account at any time, without notice, and for any reason.
Cash4GiftCards.com reserves the right to cancel a User's cash back and/or trading transactions at any time, without notice, and for any violation of these Cash4GiftCards.com Terms of Use.
You agree that you shall not create multiple User accounts, create User accounts by automated means, or create User accounts under false or fraudulent pretenses.
You agree that you shall not impersonate other individuals or make false representations.
You agree that you shall not use profanity in the course of setting up your Cash4GiftCards.com Cash Back Account and/or Cash4GiftCards.com Trading Account or in the course of submitting your cash back and/or trading transactions. In particular, you agree that you shall not deliberately alter words with the intent of bypassing our profanity filter.
You agree that you shall not use our Cash4GiftCards.com website for any fraudulent or inappropriate purpose.
You agree that you shall not manipulate or attempt to manipulate our Cash4GiftCards.com website in any way. All activity in relation to our website must be conducted by an individual User and must not be computer generated. Use of any computer-generated activity will be deemed invalid, and any purported transactions under such circumstances will be cancelled.
Violation of any of the following may result in the immediate cancellation of your Cash4GiftCards.com Cash Back and/or Cash4GiftCards.com Trading Account(s) and may subject you to civil and criminal penalties and damages:
Use of our Cash4GiftCards.com website in violation of these Cash4GiftCards.com Terms of Use;
Use of our Cash4GiftCards.com website in violation of applicable local, state, national, and international rules, regulations, and laws;
Use of our Cash4GiftCards.com website to upload, transmit, or otherwise distribute any content that is unlawful, infringing of intellectual property rights, defamatory, harassing, abusive, disrespectful, fraudulent, obscene, pornographic, contains viruses, or is otherwise objectionable;
Uses of our Cash4GiftCards.com website to intentionally distribute harmful code including spyware or malware or engage in a denial of service attack on our website or its Users.
The above is a non-exclusive list and is in no way intended to be limited to the violations listed. The violations named above are listed by way of example only.
You understand that when, in the reasonable opinion of Cash4GiftCards.com, you have violated any laws or abused your Cash4GiftCards.com Cash Back Account and/or Cash4GiftCards.com Trading Account to the detriment of other Users, to the detriment of third parties, or to the detriment of Cash4GiftCards.com, we may pursue such civil and criminal penalties and damages to the full extent of the law to protect our rights, the rights of other Users, and the rights of third parties. Any abuse of your Account(s) shall result in the immediate cancellation of your Account(s) and, if applicable, the reporting of a crime.
In case of a breach of these Cash4GiftCards.com Terms of Use by you, Cash4GiftCards.com reserves the right to withhold cash back payments to you and/or withhold the delivery of gift cards to you.
Cash4GiftCards.com reserves the right, but shall have no obligation, to investigate your use of this website: (a) in order to determine whether a violation of these Cash4GiftCards.com Terms of Use has occurred; and (b) to comply with any applicable rule, regulation, law, legal process, or governmental request.
ASSIGNMENT
You may not transfer or assign any rights or obligations you have under this Agreement without the prior written consent of Cash4GiftCards.com.
Cash4GiftCards.com reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
ERRORS
Although we make every effort to ensure that the gift card cash back and trading information and content available on our Cash4GiftCards.com website is correct, accurate, complete, reliable, and current, we are only human and we may make an occasional error. Therefore, we make no warranty or guarantee that such information and content on our website is correct, accurate, complete, reliable, or current. We will not be held liable or responsible to you if any error or omission exists. In the event an error is made, we reserve the right to correct any error, typo, inaccuracy, or omission and/or update the information and content on our website at any time without prior notice.
We reserve the right to audit all of our gift card transactions. Gift card transactions are not binding upon Cash4GiftCards.com until they are reviewed and accepted by Cash4GiftCards.com.
We also reserve the right to modify, suspend, or cancel at any time without prior notice any transaction containing any error, inaccuracy, omission, or unauthorized transaction where we feel that proceeding with the transaction will put Cash4GiftCards.com or any other party in a vulnerable position either financially or for any other justifiable reason where the integrity or proper functioning of the Cash4GiftCards.com website may have been corrupted (including but not limited to computer bugs and viruses, technical failures, unforeseen corruption of data, coding errors, unauthorized access, unauthorized intervention, tampering, fraud, etc.).
Should the need arise to cancel a transaction for any reason, Cash4GiftCards.com will contact all affected Users to notify them of the cancellation by email, provided a valid email address has been maintained in the User's Account(s). Cash4GiftCards.com reserves the right in our sole discretion to also attempt to contact Users by telephone, standard mail, or any other means that we deem necessary and appropriate.
You understand and agree that your sole remedy in the event a transaction is cancelled is the return of your gift card (if applicable) and the refund of any trading fees (if applicable), without any further obligation on our part. However, please note that if your gift card has been confiscated by the authorities or the merchant for suspected gift card fraud, we are under no obligation to return your gift card (if applicable).
If a transaction is cancelled due to any reasons attributable to you, our liability will be limited to the return of your gift card to you (if applicable) at YOUR EXPENSE (e.g., via Collect on Delivery, more commonly known as COD), and the refund of any trading fees (if applicable), without any further obligation on our part. Please note that if your gift card has been confiscated by the authorities or the merchant for suspected gift card fraud, we are under no obligation to return your gift card (if applicable).
You understand and agree that if we return your gift card at your expense via COD, the U.S. Postal Service will collect the entire cost of postage for the shipment of your gift card back to you. You understand and agree that the cost of postage may include one or more of the following services in order to provide the maximum security for the gift card shipment, to prevent fraud, and to guarantee that the gift card is properly returned to you: Registered Mail, Restricted Delivery, insurance, electronic return receipt, etc. Generally, a signature will be required upon delivery.
AVAILABILITY OF Cash4GiftCards.com WEBSITE
While we will use all reasonable care to make our Cash4GiftCards.com website available, we make no warranty or guarantee that our website will operate continuously or without interruptions. We will not be held liable or responsible to you for any failure to provide or delay in providing our website, or for any failure of the website to operate whether or not resulting from any event or circumstance beyond our reasonable control including but not limited to strikes, lockouts, and other industrial disputes; breakdown of systems or network access; fire; explosion; or accident. We will not be held liable or responsible to you for any failure of our website to properly accept, receive, record, or process any transaction or any payment of trading fees (if applicable) at any time or during any period of time.
EVENTS BEYOND OUR CONTROL
You expressly absolve and release Cash4GiftCards.com from liability for any losses, claims, damages, harms, suits, or expenses including any and all legal expenses, that are suffered through the use of our website and result from a cause beyond our control including but not limited to: failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; interruption of power supplies; failure of sources of supply; market failure; computer viruses; unforeseen corruption of data; coding errors; unauthorized access; interference by a third party; theft; operator errors; severe weather; earthquakes or other natural disasters; strikes, industrial disputes, or other labor problems; wars; terrorism; or governmental restrictions or other acts of government.
GOVERNING LAW
The substantive and procedural laws of the State of Colorado govern these Cash4GiftCards.com Terms of Use and each cash back and trading transaction. You and Cash4GiftCards.com agree to submit to the exclusive jurisdiction of, and venue in, the courts of the State of Colorado in any dispute arising out of or in connection with these Cash4GiftCards.com Terms of Use or any cash back or trading transaction.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, DOCUMENTS, INFORMATION, DATA, SOFTWARE, PRODUCTS, FUNCTIONS, SERVICES AND OTHER CONTENT (COLLECTIVELY, THE "CONTENT") INCLUDED IN OR AVAILABLE THROUGH OUR CASH4GIFTCARDS.COM WEBSITE ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR PERSONAL USE. ALTHOUGH WE USE REASONABLE EFFORTS TO MAINTAIN THE ACCURACY AND COMPLETENESS OF THE CONTENT ON OUR WEBSITE, WE DO NOT, HOWEVER, MAKE ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO ITS ACCURACY, COMPLETENESS, OR ADEQUACY. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, WE DO NOT, HOWEVER, MAKE ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES THAT THE CONTENT ON OUR WEBSITE DOES NOT CONTAIN SUCH DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT YOU USE THE CASH4GIFTCARDS.COM WEBSITE AND CONTENT AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH OUR CASH4GIFTCARDS.COM WEBSITE, ANY CONTENT ON OUR WEBSITE, OR WITH THESE CASH4GIFTCARDS.COM TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR CASH4GIFTCARDS.COM WEBSITE AND CONTENT. BY YOUR USE OF THE CASH4GIFTCARDS.COM WEBSITE AND CONTENT, YOU ACKNOWLEDGE THAT YOUR USE OF OUR WEBSITE AND CONTENT IS AT YOUR OWN RISK.
CASH4GIFTCARDS.COM, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, OR ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, OR WARRANTIES THAT: THE WEBSITE WILL BE AVAILABLE AT ALL TIMES FOR CONTINUOUS, UNINTERRUPTED ACCESS TO ANY PART OF OUR SERVICES; THE CONTENT WILL BE AVAILABLE ON THE WEBSITE AT ANY SPECIFIC TIME OR LOCATION; THE WEBSITE IS TIMELY AND FREE OF DELAYS; THE OPERATION OF OUR WEBSITE WILL NOT BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL; THE CONTENT WILL MEET YOUR NEEDS OR REQUIREMENTS, OR IS OF A CERTAIN QUALITY; THE CONTENT OF OUR WEBSITE OR ANY WEBSITES LINKED TO OUR WEBSITE IS ACCURATE, CORRECT, ERROR-FREE, MISTAKE-FREE, RELIABLE, OR COMPLETE; ANY DEFECTS OR ERRORS WILL BE CORRECTED; THE CONTENT IS FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS; THE WEBSITE IS SECURE; OR YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECOMMENDATIONS ON THE WEBSITE. NO ADVICE OR INFORMATION AVAILABLE ON THE WEBSITE SHALL CREATE ANY WARRANTY NOT STATED IN THE CASH4GIFTCARDS.COM TERMS OF USE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CASH4GIFTCARDS.COM, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, OR ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY, AS TO THE OPERATION AND PERFORMANCE OF THE WEBSITE, THE CONTENT INCLUDED ON THE WEBSITE, AND YOUR USE THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CASH4GIFTCARDS.COM, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, OR ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND REGARDING OUR WEBSITE SERVICES, WHETHER EXPRESS OR IMPLED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE, OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CASH4GIFTCARDS.COM, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, OR ANY THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, MISUSE OF, RELIANCE ON, OR INABILITY TO USE: ANY ASPECT OF OUR WEBSITE (INCLUDING INFORMATION OR CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OUR WEBSITE, AND ANY CLAIM RELATED TO THESE CASH4GIFTCARDS.COM TERMS OF USE); ANY SERVICES PROVIDED THROUGH OUR WEBSITE; ANY TRANSACTIONS YOU ENTER INTO THROUGH INFORMATION CONTAINED WITHIN ANY PART OF OUR WEBSITE; OR ANY GOODS OR SERVICES PURCHASED FROM MERCHANTS USING GIFT CARDS YOU OBTAIN FROM OUR WEBSITE. THE GIFT CARD MERCHANTS SHALL BE SOLELY LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY GOODS OR SERVICES YOU PURCHASE OR OBTAIN FROM THOSE GIFT CARD MERCHANTS USING GIFT CARDS YOU OBTAIN FROM OUR WEBSITE.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON AN ACTION IN CONTRACT OR TORT (INCLUDING BUT NOT LIMITED TO WARRANTY, NEGLIGENCE, OR STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, EVEN IF CASH4GIFTCARDS.COM WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBILE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN ANY JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY APPLIES TO ANY AND ALL CLAIMS, ACTIONS, SUITS, EXPENSES INCLUDING ANY AND ALL LEGAL EXPENSES, LOSSES, LIABILITIES, PERSONAL INJURY, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, CAUSED BY ANY FAILURE OF PERFORMACE INCLUDING BUT NOT LIMITED TO THE FOLLOWING, WHETHER OR NOT SUCH FAILURE IS THE FAULT OF CASH4GIFTCARDS.COM, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, OR ANY THIRD PARTY PROVIDFERS: THOSE THAT RESULT FROM ANY ACT OF GOD; MISTAKES; ERRORS OR OMISSIONS IN ANY INFORMATION; INTERRUPTION OF OUR SERVICES; SUSPENSION OF OUR SERVICES; TERMINATION OF OUR SERVICES; TECHNICAL PROBLEMS; DELAY, INTERRUPTION, OR CESSATION IN OPERATION OR TRANSMISSION TO OR FROM OUR WEBSITE; MECHANICAL OR ELECTRICAL EQUIPMENT FAILURE; SYSTEM MALFUNCTION OR FAILURE; UTILITY FAILURE; COMMUNICATION LINES FAILURE; TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER); DELETION OF FILES OR EMAIL; DEFECTS; SOFTWARE BUGS, COMPUTER VIRUSES, TROJAN HORSES, ANY DISABLING DEVICES, OR THE LIKE THAT MAY INFECT YOUR EQUIPMENT, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; SABOTAGE; ACCIDENT; CASUALTY; THEFT; BODILY INJURY; PROPERTY DAMAGE; DESTRUCTION; OPERATOR ERRORS; STRIKES OR OTHER LABOR PROBLEMS; UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; OR UNAUTHORIZED ACCESS TO OR ALTERATION OF OUR RECORDS, PROGRAMS, OR SERVICES. NEITHER CASH4GIFTCARDS.COM, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, NOR ANY THIRD PARTY PROVIDERS WILL BE HELD LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY ANY USERS OF OUR WEBSITE, OR BY THIRD PARTIES; THE RISK OF DAMAGE, LOSS, INJURY, OR LIABILITY FROM THE FOREGOING RESTS ENTIRELY WITH EACH WEBSITE USER.
NOTWITHSTANDING THE ABOVE, IN THE EVENT THAT CASH4GIFTCARDS.COM, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, OR ANY THIRD PARTY PROVIDERS ARE FOUND LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY MATTER ARISING OUT OF OR RELATED TO THE USE OF OUR WEBSITE, THE AMOUNT OF DAMAGES RECOVERABLE IS LIMITED. OUR SOLE OBLIGATION AND LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED, AT OUR OPTION, TO THE RETURN OF YOUR GIFT CARD (IF APPLICABLE) AND THE REFUND OF ANY TRADING FEES (IF APPLICABLE), WITHOUT ANY FURTHER OBLIGATION ON OUR PART. HOWEVER, IF YOUR GIFT CARD HAS BEEN CONFISCATED BY THE AUTHORITIES OR THE MERCHANT FOR SUSPECTED GIFT CARD FRAUD, WE ARE UNDER NO OBLIGATION TO RETURN YOUR GIFT CARD (IF APPLICABLE). IN NO EVENT SHALL WE BE LIABLE FOR AN AMOUNT THAT EXCEEDS THE AMOUNT OF TRADING FEES (IF APPLICABLE) THAT YOU ACTUALLY INCURRED PURSUANT TO THE USE OF OUR WEBSITE. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IF ANY PART OF THE FOREGOING LIMITATION OF LIABILITY IS FOUND TO BE INVALID, INAPPLICABLE, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CASH4GIFTCARDS.COM, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, OR ANY THIRD PARTY PROVIDERS IN SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS (US $100.00).
AGREEMENT TO OUR Cash4GiftCards.com TERMS OF USE:
(I) You confirm that you are at least 18 years of age and of full legal age in your state of residence;
(II) Your use of the Cash4GiftCards.com website constitutes acceptance by you of these Cash4GiftCards.com Terms of Use;
(III) You authorize Cash4GiftCards.com to communicate with you regarding your transaction(s) by email and/or phone using the email address and phone number you provide to us. You acknowledge that you are solely responsible for receipt of Cash4GiftCards.com communications sent via email. Cash4GiftCards.com is not responsible for any email not received due to your security or anti-spam software, or any problems within your email system. Your transaction(s) can be viewed online by logging in to your Cash4GiftCards.com account; simply sign into your Cash4GiftCards.com Cash Back Account or your Cash4GiftCards.com Trading Account using your corresponding email address and password;
(IV) Electronic Signature -- You acknowledge that you have read carefully and that you understand and agree to be bound by these Cash4GiftCards.com Terms of Use currently in effect and amended from time to time. Note: This Agreement to our Cash4GiftCards.com Terms of Use will not be "signed" in the sense of a traditional paper document. By clicking the checkbox titled "I Agree to the Cash4GiftCards.com Terms of Use," your authorization serves the function of your signature and shall be deemed to be your signature for all legal purposes and shall have the same legal effect as if it were your handwritten signature;
(V) This Agreement to our Cash4GiftCards.com Terms of Use contains the entire Agreement of the parties and supersedes any other discussions or agreements relating to the subject of this Agreement. You acknowledge that you have not received any representations or promises concerning the Terms of Use or this Agreement other than as set forth herein;
(VI) This Agreement to our Cash4GiftCards.com Terms of Use may not be assigned by you without the prior written consent of Cash4GiftCards.com;
(VII) Cash4GiftCards.com may assign this Agreement to our Cash4GiftCards.com Terms of Use to any successor to Cash4GiftCard.com's business;
(VIII) This Agreement to our Cash4GiftCards.com Terms of Use shall be governed by and construed in accordance with the laws (excluding conflict of laws provisions) of the State of Colorado; and
(IX) This Agreement to our Cash4GiftCards.com Terms of Use may be amended or modified at any time and without notice.
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Cash4GiftCards.com Terms of Use
