PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
By using cashthecard.com (the “Website”), or establishing an account with the website and using the gift card purchase service (the “Service”), you agree to the following terms and conditions (the “Agreement”). The Agreement is a binding legal contract entered into by you and Cash the Card Inc. (“Cash the Card”). Both you and Cash the Card may be referred to herein individually as a “Party”, and collectively as the “Parties”.
1. DESCRIPTION OF THE SERVICE.
Cash the Card buys third-party gift cards (the “Gift Cards”) from you at the rates quoted on the Website by linking you with local retail brand partners that purchase the Gift Cards. The Service is only available for United States dollar denominated Gift Cards issued by certain merchants, and we may change the list at any time at our sole discretion. The rates at which Cash the Card will pay for your Gift Card are set to be competitive and may change from time to time at Cash the Card’s sole discretion. The rate for your Gift Card will be set at the time you submit its details for evaluation on the website and expire when your offer passes. By accepting the rate and submitting your Gift Card to Cash the Card you are initiating the sale of your Gift Card to Cash the Card, and hereby agree to complete the sale transaction per the terms herein.
1.2 Electronic Submission of Gift Cards.
At this time we are not accepting electronic submission of Gift Cards. Our service is to link you with a local retail brand partner where you can exchange your Gift Card for immediate cash.
1.3 Mailing in Gift Cards.
At this time we are not accepting submission of Gift Cards by postal mail. Our service is to link you with a local retail brand partner where you can exchange your Gift Card for immediate cash.
1.4 Right of Refusal.
In order to ensure the integrity of the Service, we reserve the right in our sole discretion to decline to accept a Gift Card at any time, for any or no reason. The completion of an “offer to purchase” of a Gift Card to Cash the Card by you in no way obligates us to accept ownership of or to otherwise purchase such Gift Card.
1.5 Verification of Gift Cards.
Upon physical receipt of your Gift Card, Cash the Card will confirm such Gift Card matches details submitted by you via the Website, including but not limited to, underlying merchant, card condition, exclusion of any usage restrictions, and current redeemable value. Cash the Card may require the provision of photo identification and/or additional purchase and sale information regarding any Gift Card in order to complete the verification process.
1.6 Acceptance of Gift Cards.
Upon Cash the Card’s successful verification of the Gift Card, Cash the Card will, at its sole discretion: a.) accept ownership of the Gift Card; or b.) first attempt to redeem the full stated value of the Gift Card; accepting ownership of the Gift Card if such redemption is successful. Upon Cash the Card’s accepting ownership of the Gift Card, the quoted fees due from Cash the Card to you in exchange for the Gift Card will accrue. Cash the Card redeeming the balance of the gift card does not imply that you (the customer) will be paid out immediately. All orders & offers must fully undergo all of our processes before you are finally paid out.
1.7 Gift Card Discrepancies.
If Cash the Card is unable to redeem the stated value of such Gift Card, or if the Gift Card does not match exactly what was indicated by you on the Website at the time you submitted its details and received a rate quote, Cash the Card may, at its sole discretion: 1.) redeem any amount on said Gift Card up to the total amount available, and pay you for the amount redeemed at the available rate set by Cash the Card at that time, at which point ownership in the Gift Card is transferred to Cash the Card.
1.8 Locked, Stolen, and Fraudulent Gift Cards.
The sale of stolen property or the perpetration of fraud, including Gift Cards acquired through the use of stolen property, is strictly forbidden and violates the law. Cash the Card actively supports law enforcement efforts, and underlying merchants affiliated with such Gift Cards, to identify and recover any stolen property that is sold, or attempted to be sold, using the Service.
In the event that you sell us a Gift Card where such Gift card is reported to be flagged, locked or reduced to zero balance by the gift card issuer due to suspected fraudulent activity, the following will occur:
1.1.1 any payment(s) to you will automatically be cancelled and/or reversed without notice;
1.1.2 all Gift Card(s) sent by you will automatically be flagged and held for investigation. You will not have the option to request a return of such Gift Card(s), with no payment or other consideration whatsoever, until all such Gift Card(s) are cleared by the underlying issuer as not being suspected of fraudulent activity, however so defined by such issuer; and
1.1.3 Cash the Card may elect to, in its sole discretion, work with underlying gift card issuers, processors, and any other gift card service providers, as well as appropriate law enforcement services, to thwart any activities involving stolen, fraudulent, or other illegal uses or cards and will report to law enforcement any suspected criminal activity perpetrated on or through the Service. This includes, but is not limited to, providing your full name, address, phone number, email address, or any other information in our possession to any investigative departments or services.
2. YOUR USE OF THE SERVICE.
2.1 Account Credentials.
You shall use no less than reasonable efforts to maintain the security of your Service credentials. You agree not to transfer your account to any third-party. You shall be solely responsible for use of your credentials and/or your account by any third-party. You must notify Cash the Card upon becoming aware of any breach or suspected breach of the security of your account.
2.2 Appropriate Conduct.
You agree not to use the Services for any illegal or unauthorized purpose. You further warrant and agree that your use of the Website and Services does not violate any relevant laws, regulations, legislation, or other applicable rules of any applicable authority. You agree not to (attempt to) modify, adapt, or hack the Website. You agree not to engage in any activities that would create a false association with the Website. You agree not to solicit, harass, or impersonate other Website members.
2.3 Sole Responsibility.
You are solely responsible for any data, text, information, graphics, photos, profiles, audio clips, video clips, links, or other content that you submit, post, display, or otherwise make available on the Website.
2.4 Third Party Services.
You acknowledge and agree that links that you come across via the Website and Services may point to content outside of Cash the Card’s control. Cash the Card shall have no liability whatsoever for any such content, or any third-party fees you may incur by accessing such content.
2.5 Consent to E-mail.
By providing Cash the Card your e-mail address, you consent to our using the e-mail address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
From time and time, Cash the Card may offer individuals special offers or promotions. Such Promotions may contain usage restrictions and limitations that will be indicated with such promotion. Failure to comply with such restrictions will result in the reversal or cancellation of any offered incentive without notice, and may also result in the levy of an additional administrative or related fee as indicated.
You agree to pay all applicable taxes or charges imposed by any government entity in connection with your use of the Service.
2.8 Other Use Restrictions.
You agree that you will use the Services for your own personal, non-commercial use only.
3. WARRANTY, DISCLAIMER AND LIMITATION OF LIABILITY.
3.1 Warranty Disclaimer.
The Website and Services are provided to you without warranty of any kind, whether express or implied. CASH THE CARD SPECIFICALLY EXCLUDES AND DISCLAIMS WARRANTIES OF TITLE, THE WARRANTY OF MERCHANTABILITY, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
3.2 Damages Limitation.
IN NO EVENT SHALL CASH THE CARD BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR ANY OTHER THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOST SAVINGS, COSTS OF CAPITAL, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DOWNTIME COSTS, LOSS OR IMPAIRMENT OF DATA AND OTHER BUSINESS LOSS. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER CASH THE CARD KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN.
3.3 Limitation of Liability.
IN NO EVENT SHALL THE TOTAL LIABILITY OF CASH THE CARD ON WHATEVER BASIS, EXCEED $1.
3.4 Risk Allocation.
The provisions herein allocate risks of loss or failure between you and Cash the Card. The provisions contained in this Agreement reflect this allocation of risk and the disclaimer and limitations of liability contained herein.
Payments will be commiserate upon delivery and verification of the Gift Cards by you to one of our retail brand partners.
If Cash the Card discovers that a Gift Card you have sold to Cash the Card has subsequently been used by you or an affiliated party, Cash the Card reserves the right to to recover the full value of the card on future sales.
5. REPRESENTATIONS AND WARRANTIES BY YOU.
5.1 Validity of Submitted Gift Cards.
You hereby represent and warrant and continue to 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 exchanging the card; iv) the Gift Card and any interest therein is fully transferable to Cash the Card in the manner contemplated by this Agreement; v) you are the sole lawful owner of the Gift Card and all interests thereto; vi) you did not purchase the gift card from an unknown individual or entity; vii) the Gift Card is not subject to any liens, obligations, or encumbrances of a third party; and viii) you shall comply with all other requirements to complete the Gift Card transaction required by the Service.
Once Cash the Card accepts your Gift Card per Section 1.5 above, you agree to transfer ownership, and hereby do transfer ownership, of the Gift Card and any interest therein to Cash the Card. You agree that no portion of the Gift Card and any interest therein will be redeemed at any point subsequent to the transaction.
6.RIGHTS OF CASH THE CARD.
6.1 Changes to the Service.
Cash the Card may, at its sole discretion, change or remove some or all of Service and Website at any time. Cash the Card reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Cash the Card will not be liable to you for any interruption of the Service, delay or failure to perform.
6.2 Change to the Agreement.
Cash the Card reserves the right to amend this Agreement at any time. If amendments constitute a material change to the Agreement, to be determined at the sole discretion of Cash the Card, Cash the Card will notify you via e-mail or via a conspicuous notice on the Website.
6.3 Refusal of Service.
Cash the Card reserves the right to refuse service to anyone for any reason at any time. Cash the Card may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in Cash the Card’s sole determination you violate any provision of this Agreement, or for no reason.
All Cash the Card graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks of Cash the Card. Cash the Card reserves all rights in said trademarks and service marks and no rights therein are granted or transferred hereunder. You shall not use any of Cash the Card’s trademarks or service marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
7. ADDITIONAL TERMS AND GUIDELINES.
7.1 Prohibited, Questionable and Infringing Usage; Restricted Activities.
7.2 Access and Interference.
Cash the Card may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access Cash the Card for any purpose without our prior express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Website without the prior expressed written permission of Cash the Card and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Cash the Card.
YOU AGREE TO INDEMNIFY AND HOLD CASH THE CARD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD-PARTY.
“Affiliate” means, with respect to any entity, any other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such entity, and the term “control” (including the terms “controlled by” and “under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such entity, whether through ownership of voting securities, by contract, or otherwise.
9. TERM AND TERMINATION.
9.1 Term of Agreement.
This Agreement shall be effective from the moment you first access the Service until your use of the Service has completely ceased.
9.2 Termination of the Agreement.
You may terminate this Agreement by deleting your account, ceasing all use of the Website and Services, and remitting any balances due.
9.3 Survival Provisions.
Termination of the Agreement shall not relieve either Party from its continuing obligation to protect the confidential information and the proprietary rights of the other Party. In addition, the rights and obligations of the Parties under Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 shall survive the expiration or termination of this Agreement.
10.1 Relationship Between Parties.
Neither Party shall be deemed to be an employee, agent or partner of the other in connection with this Agreement. Neither Party shall have any right or authority to assume or create any obligation or responsibility, either express or implied, on behalf of the other Party. The Parties shall be and remain independent contractors with respect to this Agreement.
10.2 Governing Law.
This Agreement shall in all respects be interpreted, construed in accordance with and governed by the laws of the State of Alabama.
10.3 Venue and Jurisdiction Provisions.
In the event of any litigation between the Parties, the Parties agree that the sole and exclusive venue and jurisdiction for any such action shall be in the courts of competent jurisdiction located in Birmingham, Alabama. The Parties agree that the above referenced courts shall have personal and exclusive jurisdiction over the Parties for any dispute arising out of this Agreement that is not covered by the arbitration provisions set forth herein.
In the event that any one or more of the provisions of this Agreement is for any reason held to be illegal or unenforceable in any respect, such illegality or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect.
10.5 Force Majeure.
Neither Party will be liable for any failure to perform due to unforeseen circumstances or causes beyond such Party’s reasonable control, including, without limitation, acts of God, war, riot, acts of civil or military authorities, delay in delivery by vendors, fire, flood, accident, strikes, inability to secure communication or transportation facilities or labor or materials. In the event of a force majeure event, such Party’s time for delivery or other performance will be extended for a period equal to the duration of the delay caused thereby.
10.6 Entire Agreement.
This Agreement is the entire agreement between the Parties and supersedes all proposals, all prior agreements, commitments, oral or written, and all negotiations, conversations or discussions between the Parties relating to this Agreement.
Except as otherwise allowed per the terms of this Agreement, this Agreement may be modified only by a writing signed by each Party.
Headings included in this Agreement are for convenience only and are not to be used to interpret the provisions of the Agreement between the Parties.
You may not assign or delegate the rights and obligations of this Agreement without the prior express written permission of Cash the Card. Cash the Card may unilaterally assign or delegate the rights and obligations of this Agreement at its sole discretion. The terms of this Agreement shall be binding upon and inure to the benefit of the Parties and their successors and permitted assigns.
The failure of either Party to enforce at any time any of the provisions hereof shall not be construed to be a waiver of the right of such Party thereafter to enforce any such provisions.
This Agreement is made for the benefit of each of the Parties and not for the benefit of any other persons.
10.12 Attorneys’ Fees.
In any litigation or arbitration between the Parties, the prevailing Party shall be entitled to reasonable attorney fees and all costs incurred in connection with such proceedings.
10.13 No Presumption.
There shall be no presumption applied against any Party on the ground that such Party was responsible for preparing this Agreement or any part of it.
10.14 Conflict With Terms of Service or Other Policies.
Should any conflict arise between this Agreement or any other policy documents, this Agreement shall prevail.
10..15 Compliance With Laws.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Service.
In the event a dispute arises between you and Cash the Card, please email Cash the Card at firstname.lastname@example.org and we will work quickly towards a solution.