Eligibility; Registration Information and Password; Access.
Persons under the age of 18 and users previously suspended or removed from the Card Avenue Service by Card Avenue may not use the Card Avenue Service.
You need not be a registered user to browse the Card Avenue Site. However, in order to use certain features of the Card Avenue Service), you will need to register for an account, except where you are transacting through a partner of Card Avenue that hosts or makes available a Card Avenue application in which case an account will be created for you if you do not already have one (see below). To register for an account, you may be asked to provide any or all of the following information: legal and current name, home address, phone number, an active email address, credit card. You agree that the information you provide to us on registration and at all other times, will be true, accurate, current, and complete. You agree to keep your information accurate and current at all times. When you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
If you are transacting with Card Avenue through a partner of Card Avenue that hosts or makes available a Card Avenue application, an account and temporary password will be created for you, and the information necessary to access your account will be emailed to you.
If you are using or opening an account on the Card Avenue Service on behalf of a company, entity, or organization (collectively "Subscribing Organization"), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms, and agree to be bound by these Terms on behalf of such Subscribing Organization.
Subject to your compliance with the Terms, we grant you permission to access and use the Card Avenue Service as set forth in these Terms, and consistent with the intended features of the Card Avenue Service.
Additional Terms and Policies.
When using the Card Avenue Service, you will be subject to any additional guidelines or rules applicable to specific services and features which may be posted from time to time or linked to these Terms (the "Guidelines"). All such Guidelines are incorporated by reference into the Terms, and so are part of this agreement. The Guidelines include:
Intellectual Property Policy. We respect the intellectual property rights of others. This policy describes how Card Avenue protects third party intellectual property, and provides procedures for reporting incidents of claimed infringement.
Policy for Buying Gift Cards. This policy contains terms applicable to users who purchase gift cards through the Card Avenue Service ("Buyers").
Policy for Selling Gift Cards. This policy contains terms applicable to users who sell gift cards through the Card Avenue Service ("Sellers").
Card Avenue Guarantee. This policy describes certain protections that Card Avenue extends to Buyers and Sellers.
Online Gift Card Registry.
Eligibility. You must be a registered user to access the Online Gift Card Registry.
Listing Gift Cards in the Online Gift Card Registry. Our online gift card registry offers you the ability to secure, track, document and manage the gift cards you own. The information that you enter into our registry is maintained and monitored by Card Avenue. Using our registry may allow you to check gift card balances of certain cards at any time and may help you to replace gift cards from certain merchants in the event that they are lost, stolen or destroyed. It also may allow you to verify card balances and sell cards you own directly from the registry.
Selling from the Online Gift Card Registry. You may decide to sell a card that you've listed in our registry. You will be directed to the Selling page to complete the required information. See our Policy for Selling Gift Cards for more information about selling.
Prohibited Conduct - BY USING THE CARD AVENUE SERVICE YOU PROMISE NOT TO:
Upload or submit copyrighted material you do not own or have the legal right to distribute, display and otherwise make available to others - such as text, pictures, music, or other works;
Misrepresent or mislead others about any aspect of information you post, transmit, or otherwise communicate or make available through the Card Avenue Service, including the nature of gift cards you list, or your offers to purchase gift cards;
Take any action that would render information you post, transmit, or otherwise communicate or make available through the Card Avenue Service false or misleading, such as by using any gift card after remitting it for sale;
Sell, offer for sale (whether directly or through a third party service), or redeem, any gift card you have remitted for sale or sold on the Card Avenue Service;
Use any technique to avoid or circumvent commissions, fees, or other charges for use of the Card Avenue Service, such as offering other users of the Card Avenue Service opportunities to complete transactions or buy gift cards outside the Card Avenue Service;
Use the Card Avenue Service on behalf of any third party, or use the Card Avenue Service in connection with operating any form of service bureau operation;
Make use of Card Avenue Service to perform any commercial transactions, including but not limited to, utilizing the Card Avenue Service for non-personal purchases and drop shipment delivery to a third party address different from that of the registered user;
Harass, threaten, or defraud other Card Avenue users;
Upload or send to other Card Avenue users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
Make unsolicited offers, advertisements, proposals, or send junk mail to other users;
Impersonate another person or access another user's account without that person's permission;
Share Card Avenue passwords with any third party or encourage any other user to do so;
Misrepresent the source, identity, or content of information transmitted via the Card Avenue Service; or
Use the Card Avenue Service for any illegal, unethical, or objectionable purpose as determined by Card Avenue in its sole discretion.
Fees, Charges, and Payment.
Card Avenue Fees and Charges. Certain features of the Card Avenue Service may now or in the future have fees or charges associated with them, such as commissions and shipping and handling fees. By using the Card Avenue Service, you agree to allow us to charge the payment method you have on file with us for any fees you incur while using the Card Avenue Service. Further, you authorize us to charge your selected payment method in connection with processing any purchases you make through the Card Avenue Service. We also may charge you in the event, and to the extent, that you sell us a gift card if the account balance of such gift card is decremented subsequent to the time of our listing and sale of such gift card, based on use, cancellation, or any other change in the account balance of the gift card.
Card Avenue Payments to You. Any amounts owed to you, such as payment for gift cards you submit through the Card Avenue Service are generally made promptly following verification of the transaction. Any such amounts are first reduced by any amounts you owe to us. We reserve the right, in our sole discretion, to use any alternative payment method to pay you, such as issuing a credit through your payment method.
Third Party Fees. You are solely responsible for any and all amounts payable to third parties associated with your use of the Card Avenue Service, including internet service, equipment costs, taxes, and other fees. We may offer you the ability to select to receive certain communications by SMS text messaging, which may incur third party network access and service fees, for which you are solely responsible.
Credit Card Authorization. When you take any action that has a fee or charge associated with it, such as purchasing a gift card, we obtain an authorization to charge your payment method for the full amount of the applicable fee or charge. Debit card issuers will place a hold on funds when an authorization is obtained by Card Avenue. Please contact your financial institution to better understand its policies on such matters.
Modification of the Terms and Fees.
Terms. From time to time, we may change, modify, add, or remove portions of the Terms, and reserve the right to do so in our sole discretion. If we modify the Terms, we will make them available through the Card Avenue Service and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. All amended Terms automatically take effect immediately after they are made available through the Card Avenue Service, except that (i) disputes between you and Card Avenue will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the Card Avenue Service. Your continued use of the Card Avenue Service after revised Terms have become effective indicate that you have read, understood and agreed to the current version of the Terms.
Fees. We reserve the right, in our sole discretion, to modify such fees, or the features and services associated with them (or to make all or any portion of the Card Avenue Service available for free) on a going-forward basis without liability to you
Access to the Card Avenue Service in territories where its contents, features, or practices are not permitted, is prohibited. The Card Avenue Service is designed for customers in the United States. Those who choose to access the Card Avenue Service from other locations do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
The sale of stolen property or the perpetration of fraud on Card Avenue is strictly forbidden and violates the law. We strongly support law enforcement efforts to recover any stolen property that is listed on the Card Avenue Service, and we urge the prosecution of those responsible for knowingly attempting to sell such items on Card Avenue or otherwise engaging in criminal fraudulent activity. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or government entities. Fraudulent activity includes use, conversion, or sale to a third party of any card or product sold to Card Avenue. Card Avenue will actively work with gift card issuers, processors, and 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 criminal activity perpetrated on or through Card Avenue.
Any use of any of the Card Avenue Service other than for personal, non-commercial purposes, without explicit written permission from Card Avenue, is strictly prohibited. As a condition of your use of the Card Avenue Service, you agree not to use the Card Avenue Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Card Avenue Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Card Avenue Service. You may not attempt to gain unauthorized access to the Card Avenue Service, other accounts, computer systems or networks connected to the Card Avenue Service, or any part of them, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the Card Avenue Service or any activities conducted on the Card Avenue Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Card Avenue Service. You agree neither to modify the Card Avenue Service in any manner or form, nor to use modified versions of the Card Avenue Service, including for the purpose of obtaining unauthorized access to the Card Avenue Service.
The Card Avenue Service may contain robot exclusion files. You agree that you will not use any robot, spider, scraper, or other automated means to access the Card Avenue Service for any purpose without our express written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict automated or manual access to the Card Avenue Service.
We encourage you to provide Card Avenue with comments, bug reports, suggestions for modifications, and your thoughts about Card Avenue in general ("Feedback"). In return, we shall have the right to use such Feedback in our discretion, including but not limited to the incorporation of such suggested changes into the Card Avenue Service and the right to assign, license or otherwise use the Card Avenue Service. You hereby grant us a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
By Card Avenue. You agree that we, in our sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with us and/or your permission to use the Card Avenue Service, and remove and discard all or any part of your account or any of your Content Submissions, at any time. We may also, in our sole discretion and at any time, discontinue providing access to the Card Avenue Service, or any part thereof, with or without notice. Card Avenue does not permit copyright infringing activities on the Card Avenue Service and reserves the right to terminate access to the Card Avenue Service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Card Avenue Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Card Avenue may have at law or in equity.
By You. You may terminate your account, this Agreement and your right to use the Card Avenue Service, at any time and for any reason or no reason, by contacting Card Avenue customer support at firstname.lastname@example.org.
Fees. Upon any termination of your account, you will not be entitled to a refund of any fees or other payments made by you to Card Avenue, and you will remain obligated to pay all outstanding fees and charges relating to your use of the Card Avenue Service before termination.
Survival. Sections 3, 5, 6, and 8 through 20 will survive any termination of these Terms.
Ownership; Proprietary Rights.
The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Card Avenue Service provided by Card Avenue ("Materials") are protected by United States copyright, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content Submissions, all Materials contained on the Card Avenue Service are the copyrighted property of Card Avenue or its subsidiaries or affiliated companies and/or third-party licensors, or in the case of gift cards, the gift card issuers and retailers at which the cards may be redeemed. All trademarks, service marks, and trade names are proprietary to Card Avenue or its affiliates and/or third-party trademark owners. Except as expressly authorized by Card Avenue, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
Third-Party Sites, Products and Services; Links.
The Card Avenue Service may include links to other web sites or services solely as a convenience to users ("Linked Sites"). Card Avenue does not endorse any such Linked Sites or the information, material, products, or services contained on Linked Sites or accessible through Linked Sites. Furthermore, Card Avenue makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Card Avenue Service are solely between you and such advertiser. YOU AGREE THAT CARD AVENUE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE CARD AVENUE SERVICE.
We use third-party advertising companies to serve ads and collect information when you visit our website. These companies will NOT have access to or use any personally identifiable information (including your name, address, email address or telephone number) but will use other non-personal information about your visits to this and other websites in order to provide advertisements on this website, other sites, and other forms of media about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, visit: http://networkadvertising.org/consumer/opt_out.asp.
Except as explicitly stated otherwise, legal notices will be served on Card Avenue's national registered agent or to the email address you provide us during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Notwithstanding certain policies and procedures Card Avenue has in place to assist you in resolving issues you may encounter during your use of the Card Avenue Service, such as our Card Avenue Guarantee, you alone are responsible for your involvement with other users. We reserve the right, but we have no obligation, to monitor disagreements between you and other users. If you have a dispute with one or more users, you irrevocably and forever release Card Avenue (and Card Avenue's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Disclaimers; No Warranties.
THE CARD AVENUE SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, WIDGETS, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CARD AVENUE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CARD AVENUE, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. CARD AVENUE, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE CARD AVENUE SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CARD AVENUE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CARD AVENUE SERVICE AND ANY DOWNLOADABLE SOFTWARE, WIDGETS, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CARD AVENUE SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS PROVIDED IN THE CARD AVENUE GUARANTEE, CARD AVENUE MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING GIFT CARDS PURCHASED OR SOLD THROUGH THE CARD AVENUE SERVICE; AND THE CARD AVENUE GUARANTEE IS YOUR SOLE AND EXCLUSIVE REMEDY AS TO ANY PROBLEMS THAT ARISE RELATED TO THE PURCHASE AND SALE OF GIFT CARDS THROUGH THE CARD AVENUE SERVICE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification; Hold Harmless.
YOU AGREE TO INDEMNIFY AND HOLD CARD AVENUE, ITS AFFILIATED COMPANIES, AND ITS SUPPLIERS AND PARTNERS HARMLESS FROM ANY CLAIMS, LOSSES, DAMAGES, LIABILITIES, INCLUDING ATTORNEY'S FEES, ARISING OUT OF YOUR USE OR MISUSE OF THE CARD AVENUE SERVICE, VIOLATION OF THESE TERMS, VIOLATION OF THE RIGHTS OF ANY PERSON OR ENTITY, OR ANY BREACH OF THE REPRESENTATIONS, WARRANTIES, AND COVENANTS YOU MAKE HEREIN. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AN YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS.
Limitation of Liability and Damages.
CARD AVENUE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART OUT OF YOUR ACCESS TO OR USE OF THE CARD AVENUE SERVICES, OR OUT OF THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LIABILITY TO YOU FOR ANY REASON WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNTS PAID BY YOU TO CARD AVENUE IN THE 12 MONTHS PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, OR $1000.00 (ONE THOUSAND U.S. DOLLARS). CERTAIN JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY OR DAMAGES, IN WHICH CASE OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
General. Generally, if a dispute arises between Card Avenue and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Card Avenue agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Card Avenue Service (a "Claim") in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of Colorado as they apply to agreements entered into and to be performed entirely within Colorado between Colorado residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Card Avenue must be resolved by a court located in Larimer County, Colorado, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Larimer County, Colorado for the purpose of litigating all such claims or disputes.
Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding, non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Claims. YOU AND CARD AVENUE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE CARD AVENUE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision, and in the case of Card Avenue must be executed in writing by an executive officer of Card Avenue. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms. If any provision of these Terms shall be unlawful, void, or for any reason invalid or unenforceable, then that provision will reformed to the minimum extent necessary to make it valid and enforceable, and if not capable of such reformation shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Card Avenue without restriction, including by operation of law, or in connection with a merger, acquisition, or sale of all or part of Card Avenue's assets. Our suppliers and co- brand partners are third-party beneficiaries of this Agreement. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between you and Card Avenue relating to the subject matter herein and will not be modified except in writing, signed by both parties, and in the case of Card Avenue by an executive officer of Card Avenue, or by a change to these Terms or Guidelines made by Card Avenue as set forth in Section 7 above.
The Card Avenue Service is offered by Kinoli Inc., LLC. If you have any questions about these Terms or the Card Avenue Service that are not answered on the Card Avenue Site, please contact us at:
8010 South CR5, Suite 204
Windsor, CO 80528