1. ACCEPTANCE OF TERMS.
You must have attained the age of 18 years old to use this website or any Card Cap services. In the event you are under the age of 18 years old you must have the consent of a legal guardian over the age of 18 years. Individuals who are under the age of 18 years and do not have the consent of a legal guardian are prohibited from using this website, or doing business with Card Cap.
BEFORE YOU CHECK THE BOX AND CLICK ON THE “I ACCEPT” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON OR USING THE WEBSITE IN ANY MANNER, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE “I ACCEPT” BUTTON AND YOU WILL NOT BE PERMITTED TO USE OUR SERVICES OR SELL OR PURCHASE GIFT CARDS THROUGH OUR WEBSITE. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES OR MODIFICATIONS SHALL APPLY TO YOUR USE OF THE WEBSITE IMMEDIATELY.
Applicants must register for a Card Cap account in order to buy and sell gift cards on the Card Cap website. To register applicants may be asked to provide any or all of the following information: legal and current name, home address, phone number, an active email address, and credit card information. You must also advise Card Cap of any other Card Cap accounts registered by you, members of your household or your related businesses or business entities (“Affiliated Accounts”). Applicants agree that the information you provide to us on registration and at all other times, will be true, correct, accurate, current, and complete. Furthermore, applicants agree to keep all information submitted to Card Cap accurate and current at all times. When you register, you will be asked to provide and maintain a unique and confidential password. You will be responsible for all activities that occur under your password, Applicants are solely responsible for maintaining the confidentiality, safety and security of your account and password and for restricting access to your computer, and as a member you agree to accept responsibility for all activities that occur under your account, or password. Furthermore, it is agreed and understood that members may only create one single account for individual use. You hereby grant Card Cap the irrevocable right to adjust payments against your account and any Affiliated Accounts if Card Cap deems doing so appropriate, in Card Cap’s sole discretion.
Due to the nature of the services provided through the Website, and the concern for abuse we reserve the right to suspend, revoke, terminate or cancel the membership and account of any buyer or seller who we believe, in our sole discretion, abuses or attempts to abuse our services, or who we believe poses a financial risk to Card Cap, our affiliates clients, customers, vendors and third party partners. In addition, any such fraudulent conduct or abuse shall be reported to the appropriate legal authorities without delay or hesitation.
2. SELLING GIFT CARDS TO CARD CAP.
Anyone who sells a Gift Card on or through our Website, agrees to transfer complete ownership and rights of ownership to the Gift Card therein to Card Cap for payment in the amount agreed upon by Card Cap. Subsequent to a gift card sale to Card Cap, Seller shall not to permit, authorize, encourage, or allow anyone else to, redeem, claim, attach or transfer, any portion of the Gift Card, or any interest therein. Seller is responsible for shipping the Gift Card to Card Cap , and once received, we will verify the Gift Card balance and validity. Payment may be submitted as soon as 2 days, however, we reserve the right to hold payment for a period of up to 90 ninety business days following our receipt of the Gift Card if we determine, in our sole discretion, that the contemplated transaction may be fraudulent, or invalid for any reason, or if the seller has a prior history of invalid transactions. Prior to the expiration of the 90 day period Card Cap will either mail payment to you, or return your rejected Gift Card. When you submit an offer to sell a Gift Card, we may require that you provide Card Cap with valid payment information (such as credit card information),or additional information, to enable us to verify your name and address. No sale or transaction is complete, and Card Cap will incur no payment obligations of any kind, until we verify and accept delivery of all Gift Cards associated with such a transaction. Card Cap accepts no responsibility for any Gift Cards until received in our facility, and the Gift Card balance and other details are verified. We recommend you package all Gift Cards securely prior to mailing to ensure your Gift Cards arrive promptly, safely and are not damaged, or destroyed. Upon our verification that your Gift Cards meet Card Cap guidelines, we will notify you that transaction is complete. Only this notification obligates Card Cap to pay you for the Gift Cards purchased.
In connection with any sale of Gift Cards to Card Cap the seller hereby guarantee, represent and warrant, and continue to represent and warrant, the following: (a) the Gift Card is valid; (b) the Gift Card is redeemable for the amount of credit that you state in connection with the sale of your Gift Card; (c) that you have released all ownership interests and have not in any way retained a way to redeem, control or use the Gift Card after the selling the Gift Card to Card Cap us; (d) the Gift Card and any interest therein is fully transferable to us in the manner contemplated by this Agreement; (e) you are the sole lawful owner of the Gift Card and all interests thereto; (f) the Gift Card is not subject to any liens, obligations, or encumbrances of a third party; and (g) you shall comply with all other requirements to complete the sale transaction, including without limitation any shipping instructions, required by Card Cap. Gift Cards that have an expiration date are acceptable ONLY if: (1) you fully disclose and expressly provide us with notice of the expiration upon your submission of an offer; and (2) the expiration date is at least 6 months after the date on which we receive it.
It is mutually agreed and understood that the delivery of your Gift Card and our initial inspection of it does not complete a sale transaction and merely constitutes a legal offer to Card Cap. Specifically, sending a Gift Card or Gift Cards to Card Cap in no way obligates Card Cap to accept ownership of such Gift Card, or Gift Cards. Card Cap reserves the right to reject any Gift Card, or cards, that we believe, in our sole discretion, may be fraudulent or stolen, or which may have come from any unauthorized source, or which otherwise may pose a financial risk to Card Cap, our users, clients, customers or merchants and gift card issuers. Generally, we will return cards we reject, or deem unacceptable within twenty (20) business days of our receipt of the Gift Card. We accept no responsibility, or liability, for any lost or damaged packages, or packages altered in transit, whether in transit to Card Cap or in return transit to the seller. It is further mutually agreed that until we receive all Gifts Cards associated with a particular sale transaction, seller remains liable for all risk of loss and delay.
If Card Cap rejects a Gift Card for any reason, we may return the Gift Card to you using the address information you provide to Card Cap in your member profile. If we receive notice of a claim, a complaint, or otherwise discover that the value of a Gift Card you sold to Card Cap has been depleted, expired or wasted, or not honored by the brand, and we are able to verify such claim, we reserve the right to charge you a replacement fee equal to the amount we paid to you for the Gift Card, plus bank charges and costs incurred by Card Cap. Seller agrees and authorizes Card Cap to immediately charge any such fees to you. and your Affiliated Accounts. You understand that depending on the transaction it may take us Card Cap up to thirty six (36) months to determine that a Gift Card you sold to us was obtained fraudulently, stolen, inactive, expired or depleted. Accordingly, it is agreed and understood that if we determine at any later time that any Gift Card sold to Card Cap was acquired fraudulently, or if the card balance has negatively changed from the amount represented to Card Cap for any previously non disclosed reason, you consent to and authorize Card Cap to charge-back, reclaim, or withdraw our payment to you. and your Affiliated Accounts. If ACH was used as a method of payment, you authorize Card Cap in such a case to make a withdrawal of the funds deposited. Likewise, if you, as the seller, have supplied Card Cap with credit card information, you authorize Card Cap to charge the applicable purchase amount to your credit card. Seller further agrees that Card Cap is unsuccessful in making a withdrawal, charging your credit card, or charging-back our payment, you will personally be responsible to issue a full refund to us without delay. Any unpaid amounts due to Card Cap and not fully repaid within 30 days shall incur interest in the amount of 24% annually. In the event we are required to retain an attorney, or other individual or entity to assist us in collecting moneys you owe to us, you will be responsible to compensate Card Cap for all such expenses and attorney fees incurred in such collection efforts.
When you sell a Gift Card on or through our Website, we guarantee: (i) we will pay you by check or any other means agreed-upon and send payment typically within twenty (20) business days of the sale transaction; and (ii) the payment amount will be calculated based on the value of the Gift Card you send to us (which we will verify upon receipt) and the discount rate you agreed to in connection with the sale transaction. We are not responsible for any payments that are lost, or sent to an invalid party due to incorrect information submitted by seller. Card Cap reserves the right to collect a check reissue fees for $35 chargeable to the seller in order to reissue payment for expired checks not cashed within 90 days of check date or for Active and unexpired checks reported lost in the mail. If seller reports a payment lost in mail, Card Cap will reissue payment with no extra fees to seller provided that the old payment has expired and it’s over 90 days from the check issue date.
3. BUYING GIFT CARDS FROM CARD CAP.
Gift Cards will generally ship out to purchaser within 2-3 business days from the time your order was placed. A USPS mail tracking number for transactions exceeding $200 will be provided by Card Cap. Card Cap responsibility for any card purchased terminates as soon as the Gift Card is placed in the possession and control of the USPS, or any third party package handler.
It is mutually agreed and understood that all purchases are final and, with the exception below, we will accept no returns and issue no refunds or credits. However, if the funds available on the Gift Card delivered and received by you is less than the one you purchased, or, if your purchased Gift Card is invalid, or not the correct merchant, retailer or brand, you may process a claim for a refund, provided that (a) you submit a claim to email@example.com within 60 days of your purchase of the Gift Card, and (b), you complete and submit to Card Cap an affidavit as per our instructions. Upon our receipt of any claim, we reserve the right to investigate and review the purchase history on the Gift Card in order to avoid abusive and dishonest practices. If we determine that your claim is valid, Card Cap, in our discretion, will either provide you with a replacement Gift Card for the same merchant or issue you a refund for the disputed amount. You agree that a return will only be accepted by Card Cap if: (1) the Gift Card is in the same condition in which it was received and is still valid; (2) the Gift Card has not been used since the date of your purchase; (3) the Gift Card is redeemable for the same amount of credit that you state in your claim; (4) you are the sole owner of the Gift Card and the Gift Card is fully transferable to Card Cap without restriction, limitation or liens; and (5) you fully comply with all Card Cap instructions regarding the return and shipping of the Gift Card back to us. It is agreed and understood that the replacement Gift Card, or full refund, shall be purchasers’ sole and exclusive remedy for any valid claim made under this Agreement. In the event a good faith refund is made for any reason and Card Cap determines at a later date that the customer has fully or partially redeemed any previously refunded gift card, Card Cap shall be permitted to charge, or debit any card or account on file with Card Cap, or available to Card Cap for the full amount owed, plus any fees or costs incurred.
4. ERRORS ON THE WEBSITE; BILLING AND SHIPPING ERRORS.
Card Cap cannot guarantee that our Website is entirely current and/or that the products and descriptions provided on the Website are current, accurate and/or in stock. Consequently, we reserve the right to cancel an order, partially, or, completely for items that are out of stock or omitted by our shipping department. If an item was omitted we may, in our sole discretion, re- ship the missing item at no cost to you. If we shipped additional Gift Cards, or a card of greater value that the one ordered, purchaser agrees to notify us of this error within 7 business days, and agrees to accept responsibility for repayment of any overage to Card Cap. Card Cap will then provide a free shipping label for you to return the card. If the card is not returned to Card Cap within _7 days from receipt____, Card Cap shall charge/bill purchaser for the remaining balance or any excess, or overage amount.
5. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
In addition to the Materials and Services offered by Card Cap, this Website may also make available, through third party links or otherwise, materials, information, products and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. We offer no guarantees, make no representations or endorsements, and assume no responsibility or liability of any type with respect to the Third Party Services. It is agreed and understood that you will not hold Card Cap responsible, or liable, or seek to do so, with respect to the Third Party Services.
6. TRADEMARK INFORMATION
The trademarks, logos, and service marks, including “CARD CAP,” (the “Marks”) displayed on this Website are the property of CARD CAP or other third parties. You are not permitted to use the Marks without the prior written consent of Card Cap, or such third party that may own the Marks. All gift cards and company names are trademarks™ or registered® trademarks of their respective holders. CARD CAP’s use of them does not imply any affiliation with or endorsement by them. CARD CAP is not the issuer of the gift cards sold on this website.
7.LICENSE TO CARD CAP FOR USER CONTENT
Our Website may accommodate user-generated content (“User Content”), which may include comments, reviews and recommendations. By submitting any User Content to this Website you warrant that you are the sole copyright owner of such uploaded content and that Card Cap’ presentation on the Website of such content will not infringe any intellectual property rights belonging to a third party, or claimed to be the property of a third party. By uploading any User Content you grant to Card Cap a worldwide, perpetual, royalty-free, non-exclusive license to, publically display and present such content, and to modify, compile, reproduce, sell, license and distribute such User Content in its original form, or as any derivative of such User Content without payment or royalty to you. Moreover, its is agreed and understood that Card Cap has no obligation to publish any such User Content, and may in our sole discretion remove any User Content for any reason (including any content that we have reason to believe may be fraudulent, misleading, improper, or otherwise in violation of this Agreement).
8. PROCESSING PAYMENT
It is agreed and understood that by virtue of this Agreement that whenever purchaser takes any action that has a fee or charge associated with it, such as purchasing a Gift Card, Card Cap is authorized to charge you and your authorized payment method, and any Affiliated Accounts and authorized payment method of any Affiliated Accounts, for the full amount of the applicable fee or charge. In addition, Card Cap may charge you in the event, and to the extent, that you incur any other fees, or charges, or expenses of any kind, in connection with your use of our services or any Gift Card transactions. In addition, Card Cap reserves the right to apply any payments received on any transaction to any preexisting debt, or delinquency, including costs, penalties and unpaid interest.
Likewise, Card Cap reserves the right to verify your address through your credit card, and related payment information, or by any other means available.
9. DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; 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 the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to Card Cap at firstname.lastname@example.org.
10. PROHIBITED COMMUNICATIONS
11. USER CONDUCT
In using the Website, including all Services and Materials available through it, you agree: a) not to disrupt or interfere with any other users’ use or enjoyment of the Website, or affiliated or linked sites; b) not to upload, post, or otherwise transmit through the Website any viruses or other harmful, disruptive, or destructive files or functions; c) not to disrupt or interfere with the security or privacy of, or otherwise cause harm to, the Website, or any Services, Materials, system resources, servers, or networks connected to or accessible through the Website or any linked sites.
12. MANAGING CONTENT AND COMMUNICATIONS
Card Cap reserves the right, in our sole discretion, to delete or remove User Content from the Website and to restrict, suspend, revoke or terminate your subscription and access to part or all of this Website, at any time without prior notice. We reserve the right to pursue all reasonable redress including full compensation for any damages associated with malicious or other behaviors or actions resulting from unauthorized use of this Website. Card Cap may, but are not obligated to, monitor or review any areas on the Website where users and members transmit, or post, User Content. Card Cap disclaims any and all liability related to User Content. including any and all liability with respect to the misuse, loss, modification, or unavailability of any User Content. Card Cap cannot and does not guarantee the accuracy, integrity or quality of such User Content, and takes no responsibility whatsoever with respect to the accuracy or integrity of any User Content, including reviews and recommendations, made available on the Website.
13. DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY
The Materials and Services (including the Gift Cards provided under the Service or purchased through the Website) are provided “as is”; except as expressly provided herein. Card Cap makes no representations or warranties of any kind with respect to the Services, Gift Cards, the Website, or any contents therein. Card Cap assumes no liability or responsibility for any errors or omissions in providing, or delivering, the Materials, Services and/or Gift Cards, and any failures, delays, or interruptions in the shipment of Gift Cards, delivery of any content contained on the Website, any losses or damages arising from the use of the content provided on the Website, goods or services provided by us, or any conduct by users of the Website.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, THE GIFT CARDS, AND THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON OR ACCESSIBLE VIA THE WEBSITE OR THROUGH THE SERVICE IS COMPLETE OR CURRENT.
You agree that Card Cap, in our sole discretion, may terminate, revoke or suspend your password, account, or use of the Services or the Website for any reason, including, without limitation, for lack of use, or if we believe that you have violated, or acted inconsistently with, the letter or spirit of this Agreement or our policies. In addition, we reserve the right to block, prevent, or prohibit you from completing transactions on or through the Website if we, in our sole discretion, determine that you pose a risk to Card Cap, or if you have defaulted or breached this Agreement anytime in the past. You agree that any termination of your access to the Services or the Website may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your account and all related information.
Under applicable law we may be required to collect sales tax in certain transactions. Any and all taxes of any kind are the exclusive responsibility of the purchaser.
16. INDEMNITY AND LIABILITY
17. PERSONAL INFORMATION AND PRIVACY
18. GOVERNING LAW, JURISDICTION, VENUE AND ARBITRATION
This Agreement is governed in all respects by the laws of the State of Florida. BY ACCEPTING THIS AGREEMENT AND USING THE SERVICE, YOU ACCEPT AND CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS IN COOK COUNTY, FLORIDA, FOR ANY COURT ACTION OR PROCEEDING DEEMED NECESSARY BY CARD CAP TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT US FROM THEFT OR FRAUD.
Any other controversy or claim arising out of or relating to this Agreement, the Services, the Gift Cards, or the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Miami, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Florida law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.