1. DESCRIPTION OF THE SERVICE.

• Description: cardsicle.com buys third-party gift cards from you at the rates quoted on our website. 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 cardsicle will pay for your gift card may change from time to time at cardsicles.com sole discretion. By accepting the rate and submitting your gift card to cardsicle.com you are initiating the sale of your gift card to cardsicle.com, and hereby agree to complete the sale transaction per the terms herein.
• Mailing and redemption: We may require you to mail us your gift card. It is your responsibility to ensure the successful delivery of your gift card to cardsicle.com. We assume no risk or liability for any gift card lost in transit.
• Accuracy of submission: It is your responsibility to ensure that gift card details are entered accurately. We assume no responsibility for inaccurately entered information.
• Verification of Gift Cards. Upon physical or electronic receipt of your gift card, cardsicle.com we will confirm that the gift card details match via our website, including but not limited to, underlying merchant, card condition, exclusion of any usage restrictions, and current redeemable value. cardsicle.com may require the provision of photo identification as a form of verification. This is in addition to other information deemed necessary to complete cardsicle.com obligations under all financial and tax regulations. Proof of purchase may be required to comply with state and federal laws.
• Right of Refusal. cardsicle.com reserves the right at our sole discretion to decline to accept a gift card at any time at our discretion. cardsicle.com accepts no liability for any lost value associated with returned gift cards that are lost in return transit to you. The sending of a gift card to cardsicle.com by you in no way obligates us to accept ownership of or to otherwise purchase such gift card and we may return it at our discretion.
• Acceptance of Gift Cards. Upon cardsicle.com’s successful verification of the gift card, cardsicle.com 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 and accept ownership of the gift card if such redemption is successful. Upon cardsicle.com accepting ownership of the gift card, the quoted fees due from cardsicle.com to you in exchange for the gift card will accrue. Cardsicle.com redeeming the balance of the gift card does not imply that you (the customer) will be paid out immediately. Most accepted gift cards are paid out in 2-5 business days, although some orders can and will take longer.
• Gift card discrepancies. If cardsicle.com is unable to redeem the stated value of the gift card, or if the gift card does not match exactly what was indicated by you at the time of submission cardsicle.com will cancel the transaction.
• 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. cardsicle.com has strict verification procedures and does not engage in the purchase or transacting of stolen or fraudulently obtained gift cards. If a gift card is found to fit any of the above criteria, we reserve the right to contact law enforcement.
• Verification Process: Cardsicle.com may require sellers to provide additional information, including, without limitation, a copy of a valid driver’s license and other forms of identification such as a selfie done by one of either a phone camera, through facial recognition technology or through a live video call. cardsicle.com may also ask for additional verification as necessary.
• Cardsicle.com reserves the right to reject any gift card(s) that we believe may have been obtained fraudulently or are not in actual possession of the rightful owner.

2. USE OF THE SERVICE.

• No Use by Minors. The website and services are available only to individuals residing in the United States of America who can form legally binding contracts under applicable law. cardsicle.com services are not available to persons under the age of majority in their jurisdiction, and in no case to persons under the age of 13. Additionally, if you are between the ages of 13 and 17, you may only use the account of a parent or legal guardian who hereby agrees to be bound by these Terms of Service with respect to your use of cardsicle.com. If you serve as a parent/guardian of a minor between the ages of 13 and 17, who seeks to use cardsicle.com services, you represent that: (i) you are a custodial parent or duly appointed legal guardian of the minor in question; (ii) the minor is between the ages of 13 and 17; (iii) that all information you have provided during account setup is true and correct; (iv) that the minor you have registered has your authority to use the payment method for which you have entered on cardsicle.com and (v) you agree to take full legal responsibility for all activity conducted by the minor and to be financially responsible for all such activity. Cardsicle.com may ask for additional verification methods to ensure the above conditions are met by all parties.
• 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.
• 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 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.
• 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.
• Third Party Services. You acknowledge and agree that links that you come across via the Website and Services may point to content outside of cardsicle.com control. cardsicle.com shall have no liability whatsoever for any such content, or any third-party fees you may incur by accessing such content.
• Consent to email. By providing cardsicle.com your email address, you consent to cardsicle.com the email address to send you service related notices.

3. WARRANTY, DISCLAIMER AND LIMITATION OF LIABILITY.

• Warranty Disclaimer. The website and services are provided to you without warranty of any kind, whether express or implied.
• Damage Limitation. IN NO EVENT SHALL CARDSICLE.COM 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 CARDSICLE.COM KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN.
• Limitation of Liability. In no event shall cardsicle.com’s total liability exceed 1 cent.

4. PAYMENT

Digital payments will be delivered electronically to the email address provided by you. It is your responsibility to ensure the provided email address is secure and able to receive digital payments and/or notifications from cardsicle.com.

Any payment that requires mailing, such as a check, will be delivered via cardsicle.com carrier of choice to the address as provided within your account details. If a mailed payment is not received within 15 business days, please contact cardsicle.com for reissuance to exactly the same address as provided when the transaction was originally submitted. Cancellation and reissue of any payment due to an incorrect or incomplete address provided by you at the time the quote was provided will be subject to a $25 fee deducted from the gift card redemption amount.

If cardsicle.com receives and is able to verify a claim, or otherwise discovers, that a gift card you have sold to cardsicle.com has subsequently been used by you or an affiliated party, cardsicle.com reserves the right to charge you a replacement fee equal to the original value of the gift card, plus an additional $25 replacement fee (“Replacement Fee”). You authorize cardsicle.com to charge the credit card or any other method of payment you set up during the registration and verification process.

5. REPRESENTATIONS AND WARRANTIES BY YOU

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:

• the Gift Card is valid
• the Gift Card is redeemable for the amount of credit that you state through the Service;
• that you have not in any way retained a way to redeem the gift card after exchanging the card;
• the gift card and any interest therein is fully transferable to cardsicle.com in the manner contemplated by this Agreement;
• you are the sole lawful owner of the gift card and all interests thereto;
• you did not purchase the gift card from an unknown individual or entity;
• the gift card is not subject to any liens, obligations, or encumbrances of a third party;
• you shall comply with all other requirements to complete the gift card transaction, including, without limitation shipping instructions, required by the service.

Once cardsicle.com accepts your gift card you agree to transfer ownership, and hereby do transfer ownership of the gift card and any interest therein to cardsicle.com. 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 CARDSICLE.COM

• Changes to the Service. cardsicle.com may, at its sole discretion, change or remove some or all of the service and website at any time. cardsicle.com reserves the right to interrupt the service with or without prior notice for any reason or no reason. You agree that cardsicle.com will not be liable to you for any interruption of the service, delay or failure to perform.
• Change to the Agreement. Cardsicle.com reserves the right to amend this agreement at any time at its sole discretion.
• Refusal of Service. Cardsicle.com reserves the right to refuse service to anyone for any reason at any time. Cardsicle.com 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 cardsicle.com sole determination you violate any provision of this agreement, or for no reason.
• Trademarks. All cardsicle.com graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks of cardsicle.com. Cardsicle.com reserves all rights in said trademarks and service marks and no rights therein are granted or transferred hereunder. You shall not use any of cardsicle.com 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. INDEMNIFICATION.

YOU AGREE TO INDEMNIFY AND HOLD () 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.

8. TERM AND TERMINATION.

• 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.
• 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. GENERAL

• 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.
• Governing Law. This Agreement shall in all respects be interpreted, construed in accordance with and governed by the laws of the State of Delaware and the federal laws of USA applicable therein. The parties specifically exclude the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable.
• 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 the state of Delaware, USA. 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.
• Severability. 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.
• 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.
• 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.
• Modifications. Except as otherwise allowed per the terms of this agreement, this agreement may be modified only by a writing signed by each party.
• Assignment. You may not assign or delegate the rights and obligations of this agreement without the prior express written permission of cardsicle.com. Cardsicle.com 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.
• Waiver. 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.
• Benefit. This agreement is made for the benefit of each of the parties and not for the benefit of any other persons.
• 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.
• Conflict With Terms of Service or Other Policies. Should any conflict arise between this agreement or any other policy documents, this agreement shall prevail.
• Compliance With Laws. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.