Junkcard.com Terms of Use Agreement

 

Effective Date: November 6, 2015

 

Junkcard.com, INC (hereinafter “Junkcard”) provides the Junkcard.com website and its associated content and services (collectively “Website”) on a limited basis. The following terms and conditions contained within this agreement (hereinafter “Agreement”) govern your use of and access to the Website and contain important information about your rights, duties, and obligations when using the Website. If you do not agree with the terms and conditions contained within this Agreement, you are expressly prohibited from using the Website and must discontinue your use of the Website immediately.

 

JUNKCARD MAY, FROM TIME TO TIME, MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE. JUNKCARD RESERVES THE RIGHT TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE IN ITS SOLE AND ABSOLUTE DISCRETION. IN THE EVENT JUNKCARD MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

 

1.     Warranties and Representations

 

You warrant and agree that you have the right, power, and legal capacity to enter into this Agreement and to adhere to the terms and conditions hereunder and that you are not prohibited from entering into this Agreement by any preexisting agreement. You warrant and agree that you are a human individual that is eighteen (18) years of age or older and that you are not a bot, script, or other computer or machine, excluding search engine spiders. If you are entering into this Agreement on behalf of a third party, you warrant and agree that you are an authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement. You warrant and agree that you will access the Website from your own computer or mobile device and that you will not impersonate any person or entity or forge any identifiers or origin or source, such as IP addresses or packet headers, in accessing or using the Website. You agree to comply, in good faith, with the terms of this Agreement.

 

2.     Privacy Policy

 

Junkcard has adopted its Privacy Policy to provide you with notification of its collection and use of your personal and personally identifiable information. Junkcard hereby incorporates its Privacy Policy into this Agreement by reference.

 

3.     Limited License

 

You acknowledge and agree that the Website is the property of Junkcard and is protected by all applicable laws, intellectual property or otherwise. The Website may not be used, modified, copied, distributed, framed, reproduced, crawled, aggregated, reverse engineered, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of Junkcard. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with Junkcard’s robots.txt file.

 

Junkcard hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for your personal and non-commercial use. You are expressly prohibited from reproducing, modifying, distributing, publishing, licensing, creating derivative works of, selling, publicly displaying, or publicly performing the Website outside of the uses expressly stated in this Agreement.

 

4.     Member Accounts

 

Junkcard may provide you with the ability to register a member account, which may provide you with access to additional areas and features of the Website that are not accessible to non-members, such as a faster checkout system, the ability to view past and present order status, and the ability to make changes to your account information or password (hereinafter “Member Account”). Your Member Account is protected by a username and password. You acknowledge that you are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Member Account, whether authorized or unauthorized. In the event your Member Account is accessed without your authorization, you agree to immediately provide notice to Junkcard.

 

You have a duty to ensure that the information that you provide through your Member Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your Member Account if and when that information changes. You are expressly prohibited from creating a Member Account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not register more than one Member Account and that you will not use your Member Account to interfere with or disrupt a third party’s enjoyment and use of the Website. Junkcard reserves the right to restrict access to, suspend, disable, or delete your Member Account at any time, in its sole discretion, and without prior warning. You are expressly prohibited from selling, leasing, lending, assigning, or otherwise transferring your Member Account.

 

By creating a Member Account, you agree that Junkcard may contact you by any available means, including but not limited to by email.

 

By creating a Member Account, you represent and warrant that you are not bound by or a party to any exclusive arrangement or agreement, whether contractual or otherwise, that would prohibit you from using the Website and its associated services, including but not limited to a gift card license agreement.

 

5.     Selling Gift Cards

 

Junkcard may provide you with the ability to sell your unwanted gift cards to Junkcard through your Member Account. You warrant and agree that the information that you provide to Junkcard concerning your unwanted gift cards, including but not limited to balance information and origin, will be accurate, current, and complete. Junkcard will provide you with a fixed rate to purchase your gift card. You acknowledge and agree that this fixed rate is an invitation to deal.  

 

To sell unwanted gift cards to Junkcard, you must first register a Member Account. In the event you wish to be paid in a shorter time period or sell electronic gift cards, you may also be required to provide Junkcard with a valid credit card. Junkcard may require you to provide Junkcard with a valid credit card to protect against theft and fraud and reserves the right to place a temporary hold on your credit card for the amount that Junkcard has agreed to pay you in exchange for your gift card. In the event you misrepresent the balance, origin of, or any other relevant information related to your gift card, you agree that Junkcard may charge your credit card in the amount that Junkcard offered to pay you for the gift card.

 

Upon acceptance of your invitation to deal, Junkcard will provide you with its address and instructions on how you may ship your unwanted gift cards to Junkcard. If you choose to send your gift cards to Junkcard, you understand and agree that this constitutes your offer to contract with Junkcard, which may be accepted or rejected at Junkcard’s discretion. Junkcard will only accept your offer upon its issuance of payment to you. Junkcard will issue payment within forty-five days of receiving your cards.

 

Junkcard reserves the right to decline to purchase your unwanted gift cards or to limit the types, value, or brands of gift cards that it is willing to purchase in its sole and absolute discretion. You understand and agree that you are prohibited from selling any gift cards that have an expiration date, associated card fees, or that were obtained illegally, whether through theft, fraud, or otherwise, which will be determined in Junkcard’s sole and absolute discretion. In the event Junkcard declines to purchase your gift cards for any reason other than for theft, fraud, or misrepresentation, Junkcard will return your unwanted gift cards to you through postal mail. In the event Junkcard determines that your gift cards do not meet Junkcard’s requirements or standards, Junkcard reserves the right to offer you a reduced price. This reduced price will constitute a counter-offer, which you may accept or reject. You understand and agree that Junkcard will not be held liable for any gift cards that are lost or damaged in transit, whether those gift cards are lost or damaged in transit to or from Junkcard.

 

6.     Buying Gift Cards

 

Junkcard may allow you to purchase discounted gift cards through the Website, which are sold for less than their actual monetary value (“Discounted Cards”). Junkcard undertakes commercially reasonable efforts to verify the balance and validity of the Discounted Cards that it sells through its Website. In the event you receive a Discounted Card that is not valid or that does not contain the same monetary value as advertised on the Website, you may return the Discounted Card to Junkcard within ten (10) days and Junkcard may provide you with a refund or a replacement Discounted Card of equal value, the election of which Junkcard will determine in its sole and absolute discretion. You acknowledge and agree that Junkcard will not be held liable or responsible for Junkcard’s failure to verify the balance or validity of any Discounted Card.

 

Discounted Cards may include both physical gift cards (“Physical Cards”) and electronic gift cards (“eCodes”). In the event you purchase a Physical Card from Junkcard, Junkcard will ship the Physical Card to you free on board West Sacramento, California and within five (5) business days. In the event you purchase an eCode from Junkcard, Junkcard will provide you with the eCode through the Website or electronic mail and within two (2) business days*.

*If you are a new customer, Junkcard may require your first order to be shipped to your billing address.

 

7.     User Conduct

 

You expressly agree that you will not use the Website or your Member Account to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended use of the Website or your Member Account. Specifically, you are expressly prohibited from:

 

  1. Using a robot, spider, scraper, or other automated technology to access the Website;
  2. Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
  3. Misrepresenting the value, validity, or expiration date of a gift card;
  4. Circumventing Junkcard’s commissions, fees, or other charges;
  5. Circumventing Junkcard’s technological and physical security measures;
  6. Impersonating another;
  7. Posting or transmitting content that threatens or encourages bodily harm or destruction of property;
  8. Posting or transmitting content that infringes upon the intellectual property rights of other users or third parties;
  9. Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and
  10. Posting or transmitting content intended to collect personal or personally identifiable information from users or third parties.

 

8.     Payment

 

Junkcard may charge fees or charges to you for your purchase of gift cards, your sale of gift cards, or the shipping of gift cards to you. You agree to pay all fees or charges on time, and Junkcard may terminate or disable your access to the Website or your Member Account if you fail to pay any amount owing to Junkcard when due.

 

You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website. All costs and fees are quoted and payable in United States dollars.

 

You agree that you will not initiate any chargebacks to Junkcard unless otherwise authorized by Junkcard in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Junkcard.

 

In the event you dispute the amount or validity of any payments made under this Agreement, you must notify Junkcard within ten (10) days of any such dispute. You understand that your failure to notify Junkcard of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.

 

Junkcard reserves the right at any time to modify or discontinue the Website or any of its associated services without notice and in its sole and absolute discretion. Junkcard reserves the right at any time to modify the price charged for the goods offered through the Website.

 

9.     Term and Termination

 

This Agreement will remain in full force and effect until terminated under the terms of this Agreement. You may terminate your Member Account through your Member Account control panel. Junkcard may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.

 

10.Third Party Content

 

The Website may contain links to third party content and websites that are not owned or controlled by Junkcard. You acknowledge and agree that Junkcard is not responsible and cannot be held liable for third party content and websites.

 

11.Disclaimer of Warranties

 

JUNKCARD DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR GOODS PURCHASED THROUGH THE WEBSITE. JUNKCARD PROVIDES THE WEBSITE AND THE GOODS SOLD THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

 

JUNKCARD WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE WHETHER OR NOT THAT CONTENT IS TRANSMITTED THROUGH MEMBER ACCOUNTS. JUNKCARD DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO A MEMBER ACCOUNT, OR ALTERATION THEREOF. JUNKCARD RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

 

12.Limitation of Liability

 

YOU ACKNOWLEDGE AND AGREE THAT JUNKCARD WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF GOODS SOLD THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT JUNKCARD CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID FOR GOODS PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO JUNKCARD, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

 

SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR STATE OR PROVINCE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW OF YOUR STATE.

 

13.Indemnification

 

You agree to hold harmless, indemnify, and defend Junkcard, its officers, employees, agents, successors, and assigns, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation property damage, infringement, personal injury, and death, that either directly or indirectly arises out of or is related to your use of the Website, your use of any goods purchased through the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend Junkcard under the terms of this Agreement will not provide you with the right to control Junkcard’s defense, and Junkcard reserves the right to control its defense regardless of your contractual requirement to defend Junkcard.

 

14.Assignment

 

You hereby understand and agree that you are prohibited from assigning your rights and obligations under this Agreement. Junkcard may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

 

15.Resolution of Disputes and Governing Law

 

This Agreement will be interpreted under and governed by the laws of the State of New York without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Junkcard will be exclusively resolved through arbitration.

 

YOU AND JUNKCARD AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF GOODS FROM JUNKCARD, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN STATEN ISLAND, NEW YORK AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF NEW YORK AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND JUNKCARD AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF NEW YORK IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND JUNKCARD AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

 

16.Additional Provisions

 

A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.

 

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

 

This Agreement and the Privacy Policy incorporated by reference constitute the entire agreement between you and Junkcard with respect to the Website. You understand and agree that there are no further understandings, agreements, or representations with respect to the Website that are not specified in this Agreement. You understand and agree that any additional provisions that may appear in any communication from you will not bind Junkcard.

 

The Website is not directed to persons under the age of eighteen (18) and Junkcard will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Junkcard inadvertently collects personally identifiable information, Junkcard will delete the personally identifiable information in accordance with its security protocols.

 

JUNKCARD AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY GOODS PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

 

All rights not expressly granted herein are reserved to Junkcard.

 

The terms of this Agreement are enforced by the Internet lawyers of Traverse Legal, PLC

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