Terms of Service And Use

Bargain Gift Card.com is an online marketplace for buying and selling gift cards. Bargain Gift Card allows you ( “user” , “consumer” , “Member” , “guest” , or“you” ) to store, redeem, purchase and sell gift cards, stored value cards, merchandise credits, vouchers, gift codes and other similar pre-paid closed-loop products in electronic and physical form (collectively, “Gift Cards” ).

By clicking “I agree” on Bargain Gift Card or otherwise using Bargain Gift Card, you agree and acknowledge that you have fully read and consented to be bound by these Terms of Use (the “Terms of Use”). These Terms of Use are a binding agreement and apply to you and all registered Members, guests or other persons who access, browse and/or otherwise utilize Bargain Gift Card to buy or sell any Gift Cards or use any of the services available on Bargain Gift Card. These Terms of Use set forth your rights and responsibilities when you use Bargain Gift Card, so please read them closely. If you do not agree to these Terms of Use, you may not access or use Bargain Gift Card or any of the services provided on Bargain Gift Card.

1. Modification of Terms of Use

We reserve the right at all times to update, modify or discontinue any part of these Terms of Use as we deem necessary or desirable, in our sole discretion. If we make changes to the Terms of Use, we will notify you by posting notice of the changes to the Terms of Use on Bargain Gift Card. Any changes to these Terms of Use will be effective upon the earlier dispatch of an e-mail or other notice to you informing you of changes to these Terms of Use or our posting of notice of the changes on Bargain Gift Card. We suggest that you revisit our Terms of Use page on Bargain Gift Card from time to time to ensure that you stay informed of any changes to our Terms of Use. Your use of Bargain Gift Card after we update the Terms of Use and post it on Bargain Gift Card will constitute your acceptance of the modified Terms of Use.

2. Registering, Eligibility and Member Account

There are no fees to join Bargain Gift Card, use many of the features on Bargain Gift Card or to act as a buyer of Gift Cards on Bargain Gift Card. However, sellers of Gift Cards on Bargain Gift Card may be charged sales commissions or listing fees as described in Section 3(g) of these Terms of Use, and may be charged Sale Price Reversals, Commission Recoveries and Card Refund Fees described in Section 6(d) of these Terms of Use. You can join Bargain Gift Card by registering and setting up a Member Account on Bargain Gift Card or via our mobile applications (“ Member Account ”). Use of Bargain Gift Card is intended solely for Members who are 13 years of age or older. If you are under the age of 13, you are not permitted to become a Member of Bargain Gift Card or establish a Member Account or use Bargain Gift Card. In addition, if you are between the ages of 13 and 17, you may only set up a Member Account and/or use Bargain Gift Card under the supervision of a parent or legal guardian who registers a Member Account on Bargain Gift Card for you and hereby agrees to be bound by these Terms of Use with respect to your use of Bargain Gift Card. If you serve as a parent/guardian of a minor between the ages of 13 and 17, who seeks to become a Member of Bargain Gift Card and who you have helped set up an Member Account, you represent and warrant that: (i) you are a custodial parent or duly appointed legal guardian of the minor for whom you have established a Member Account; (ii) the minor is between the ages of 13 and 17; (iii) that all information you have provided in the Member Account establishment process 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 Bargain Gift Card for the minor’s Member Account and (v) you agree to take full legal responsibility for all activity conducted in the minor’s Member Account and to be financially responsible for all such activity. If you are under the age of 18, you cannot sell a Gift Card on the Site, even if you have been set up by a parent or guardian to use the other features of Bargain Gift Card.

We permit limited access to Bargain Gift Card and services available on Bargain Gift Card to guests and visitors who have not registered a Member Account. In order to access all of the benefits of Bargain Gift Card, including the ability to buy and sell Gift Cards, you must set up a Member Account. You may only set up one Member Account on the Site. Furthermore, you must fully comply with the following requirements: (i) provide complete, current and accurate information at time of registration, (ii) update all relevant Account information to keep it current and accurate (iii) provide and maintain a valid and current credit card on file at all times if you sell Gift Cards on Bargain Gift Card, (iv) select a security code for your Member Account that is not easy to guess or hack, and (v) maintain the security and confidentiality of your Member Account, including any access or use of security codes associated with your Member Account, so as to minimize the risk of unauthorized access of your Member Account. Finally, you agree to inform Bargain Gift Card immediately if you suspect that your Member Account at Bargain Gift Card has been hacked or subject to any unauthorized access or use. You agree that Bargain Gift Card may verify your information through whatever lawful means it deems reasonable and appropriate, to request additional information to confirm your identity and to deny you access to Bargain Gift Card if it determines any information provided is suspect, not accurate or cannot be confirmed.

We reserve the right to interrupt your service, your access to your Member Account, and/or your access to Bargain Gift Card or any services or Gift Cards offered on Bargain Gift Card, with or without prior notice, for any reason, at our sole and absolute discretion. In the event your Member Account or access to it is interrupted or terminated for any reason, whether intentionally or unintentionally, we will not be liable for any losses due in whole or in part by such interruption or termination of your Member Account or your access to Bargain Gift Card.

3. Use of Bargain Gift Card to Purchase, Sell, Store, Redeem and Manage Your Gift Cards

(a) Managing and Using Your Gift Cards on Bargain Gift Card, Gift Card Terms & Conditions and Your Responsibility Related to Gift Cards Stored, Used or Managed on Bargain Gift Card. Bargain Gift Card allows you to more effectively buy, sell, store, redeem and manage your Gift Cards.

Notwithstanding the above, Bargain Gift Card does offer Buyers on Bargain Gift Card a 30 Day Money-Back Guarantee under the return policy, which ceases to apply to a Gift Card if it is resold on any platform other than Bargain Gift Card. The  guarantee may change and is subject to its then current terms, only covers the purchase price of the relevant Gift Card purchased on Bargain Gift Card. We do not guarantee any associated savings or discount a Buyer may receive in conjunction with the Gift Card purchased on Bargain Gift Card. The 30 day Money-Back Guarantee only applies to Gift Cards purchased on Bargain Gift Card.

For certain Retailer Gift Cards on Bargain Gift Card, you may be able to transfer Gift Card balances between Gift Cards of the same Retailer. Please read our 30 day Money-Back Guarantee to fully understand how our guarantee applies or does not apply in that particular circumstance.

Gift Cards may be subject to various other terms and conditions related to a particular Retailer or Gift Card, including, without limitation, various limitations as to use of the Gift Card, combination with other offers, redemption and voucher use rules, and whether a Gift Card can be used online, in store or both. These terms and conditions are generally presented with the Gift Card on the Site and you agree specifically to have read and accepted these particular terms and conditions when you agree to purchase the Gift Card in question on Bargain Gift Card.

Bargain Gift Card is not a party to any transaction that you may enter into with the Retailer as a result of your purchasing a Gift Card on Bargain Gift Card. Bargain Gift Card is not responsible for the quality of goods or services you acquire from a Retailer or otherwise procure using a Gift Card acquired on Bargain Gift Card. If a Retailer were to go out of business or go into bankruptcy prior to your use of all the value on their Gift Card, you understand that your sole and exclusive recourse with respect to the unused value of the Gift Card for that particular Retailer is with the Retailer in question (and not Bargain Gift Card) and, as an unsecured-creditor, you may not be able to recoup the value of any unused Gift Card for such a Retailer. The 30 day Money-Back Guarantee does not apply in the circumstances that a Retailer ceases to honor its Gift Cards due to its going out of business, into bankruptcy or similar circumstances.

(b) Seller’s Representations and Warranties. As a Seller, you represent and warrant that:

• Any Gift Card listed for sale on Bargain Gift Card is a valid and authentic Gift Card and is only being listed for sale on Bargain Gift Card;

• Any Gift Card listed for sale on Bargain Gift Card is redeemable for the balance stated in connection with the Sale Transaction;

• You have not in any way retained a way to redeem the Gift Card after the Sale Transaction;

• The Gift Card and any interest therein is fully transferable to the Buyer in the manner contemplated by these Terms of Use;

• You are the sole lawful owner of the Gift Card and all interests thereto and that the Gift Card has been obtained in a lawful manner;

• If you convert a physical Gift Card to a digital Gift Card on Bargain Gift Card, you agree to retain the physical Gift Card for 180 days from the Sale Transaction and remit to Bargain Gift Card upon request;

• The Gift Card is not subject to any liens or encumbrances of a third party;

• The Gift Card is in your physical possession or, in the case of electronic Gift Cards, in your sole control;

• You will only list Gift Cards that can be used or sold in the U.S.; and

• You will comply with all other requirements to complete the Sale Transaction, including without limitation, any shipping instructions or procedures required by the Bargain Gift Card. See shipping and deliver on the Site to understand the shipping requirements for any physical Gift Cards sold on Bargain Gift Card.

• You the seller is solely responsible for the transaction between you and the buyer. Bargain Gift Card is not a party to the transaction between you and the seller.

• Bargain Gift Card will charge you, the seller 1 day after the transaction has occurred at your rate schedule

• You must guarantee the cards for at least 30 days

(c) General Rules of Conduct on Bargain Gift Card. By using Bargain Gift Card and setting up a Member Account, you agree to the following rules when visiting or transacting on Bargain Gift Card:

• You cannot purchase more than $10,000 worth of face value Gift Cards per day;

• You cannot list a Gift Card in excess of $2,000 in face value;

• Electronic Gift Cards must have a minimum balance of $5 and physical gift cards must have a minimum balance of $10;

• The Gift Card must be able to used within the U.S.;

• You may not list a Gift Card for more than its face value;

• You may not create more than one Member Account on Bargain Gift Card;

• You must reside in the U.S. and transact any purchase or sale transaction on Bargain Gift Card only from within the U.S.;

• To be a Member of Bargain Gift Card, you must always maintain a valid and up to date credit or debit card (with available funds) on file with your Member Account;

• To be a Seller on Bargain Gift Card, you must have a valid and current credit card on file with your Member Account;

• You may not use or redeem any Gift Card you list for sale on Bargain Gift Card while it is listed or after it is sold on Bargain Gift Card;

• You may only sell Gift Cards for which you are the rightful legal owner and which you have obtained legally;

• You will not allow your Member Account to have a negative balance;

• Your Member Account is for your own personal use and you are not permitted to have a friend or other person use your Member Account on Bargain Gift Card;

• You are responsible for your own tax reporting (if applicable) and payment of any applicable taxes with respect to any Sales Transactions on Bargain Gift Card; and

• You may not use Bargain Gift Card in any manner that is illegal, fraudulent or otherwise inconsistent with, or in violation of, the Terms of Use or applicable law.

(d) Selling Gift Cards. When you sell a Gift Card on Bargain Gift Card, you agree to transfer ownership of the Gift Card and all of your interest in the Gift Card to the buyer in return for a payment in the amount designated in the Gift Card sale transaction on Bargain Gift Card (“Sale Transaction”). In each Gift Card Sale Transaction that is completed in accordance with the Terms of Use, you will receive an amount equal the price at which you sell a Gift Card on Bargain Gift Card, less the applicable sales commissions, which is covered in paragraph (g) below. As a Seller on Bargain Gift Card, you may set the price at which you wish to sell your Gift Card(s) on Bargain Gift Card and you may remove any Gift Card from Bargain Gift Card prior to its sale in accordance with these Terms of Use. In addition, you may authorize Bargain Gift Card to automatically adjust your Gift Card sale price and/or commission rate for your Gift Card(s) on Bargain Gift Card; subject to certain parameters you will agree to at the time you place your Gift Card for sale on Bargain Gift Card. Once a Buyer has confirmed a Sale Transaction for a Gift Card, that Gift Card cannot be removed from Bargain Gift Card and Seller is bound to sell that Gift Card at the price set forth in the Sale Transaction. Similarly, once a Buyer has confirmed a purchase of a Gift Card on Bargain Gift Card, that sale is final and cannot be unilaterally canceled by the Buyer. Listing a Gift Card on Bargain Gift Card will not ensure that the Gift Card will sell on Bargain Gift Card. Bargain Gift Card may remove a listing of a Gift Card for sale on Bargain Gift Card for any reason and at any time, including if the Gift Card has not sold over a period of time or if Bargain Gift Card has any concerns related to the sale of any particular Gift Card.

(e) Gift Card Sale Transaction Verification & Payment Processing. No Sale Transaction is complete, and Bargain Gift Card will not facilitate the payment of funds to a Seller for a Sale Transaction, until Bargain Gift Card verifies (i) the balance on all Gift Card(s) associated with such Sale Transaction (to the extent possible), (ii) other details related to the Gift Card(s) sold, (iii) the Buyer of the Gift Card(s) in the Sale Transaction and (iv) the Seller of the Gift Card(s). As a part of the verification process, Bargain Gift Card may require a Seller or Buyer to provide additional identification information, including, without limitation, a copy of a valid driver's license (or other form of identification) prior to or after listing Gift Cards for sale. In addition, as a part of the verification process, the Seller authorizes Bargain Gift Card to charge to the Seller’s credit card a $1.00 authorization charge (or such other amount identified to Seller at time of verification on Bargain Gift Card), which amount will be refunded following successful authorization. Members may also be asked to go through additional security procedures and share additional information to confirm their identity. Bargain Gift Card reserves the right to reject any Gift Card(s) that we believe (in our sole discretion) may: (i) be fraudulent, invalid, inauthentic or stolen, (ii) have come from an unauthorized or illegal source, (iii) be related to any illegal activity or (iv) otherwise pose a financial risk to us, our Members, or Retailers. Not all Gift Cards can be sold on Bargain Gift Card. Bargain Gift Card accepts no responsibility for any Gift Card listed on Bargain Gift Card and reserves the right to refuse to process or sell any Gift Card on Bargain Gift Card and may cancel any Sale Transaction in its sole discretion.

Certain payment processing services for Bargain Gift Card are provided by Stripe and other credit card processing companies. By agreeing to these Terms of Use or using Bargain Gift Card, you further agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of us enabling payment processing services through Stripe, you agree to provide us accurate and complete information about you, and if applicable, your business. You further authorize us to share all such information, including all transaction information, related to your use of the payment processing services provided by Stripe.

(f) Risk of Loss & Shipping. Bargain Gift Card accepts no liability for any lost or damaged packages, or packages altered in transit, whether in transit to the Buyer or in return transit to the Seller. You are responsible for properly shipping any physical Gift Cards sold on Bargain Gift Card to the Buyer of the Gift Card(s), in accordance with our shipping practices found on the Site. When acting as a Seller you agree that until the Buyer receives all Gift Cards associated with a Sale Transaction, you retain title in the Gift Card(s) and remain liable for all risk of loss. Once a Sale Transaction has been confirmed through our confirmation process and the sold Gift Card’s title is transferred to the Buyer, the Buyer is then fully responsible for such Gift Card.

(g) Commission and Seller Fees. In connection with all sales of Gift Cards on Bargain Gift Card, Bargain Gift Card charges the Seller of a Gift Card a Sales Commission as well as a listing fee for any physical Gift Cards listed and sold on Bargain Gift Card. The Sales Commission and listing fees (if any) are paid by the Seller from the proceeds of the Gift Card Sale Transaction and are deducted from the sale proceeds prior to crediting the Seller’s Bargain Gift Card account balance. The Sales Commission is twelve percent (10%) of the Gift Card sale price in the Sale Transaction on Bargain Gift Card. For physical Gift Cards on Bargain Gift Card, the listing fee is the greater of $1.00 or 1% of the balance of the relevant physical Gift Card. There is no listing fee associated with electronic Gift Cards sold on Bargain Gift Card. For example, if you sell a physical Gift Card with a balance of $100 and a sale price of $90, the sales commission is $9, the listing fee is $1.00, and Bargain Gift Card will pay $80.00 to you via your selected payment method upon consummation of the Sale Transaction.

(h) Payment Options & Fees for Sellers.

Sellers: Prior to being able to request and receive any cash payment for a Gift Card sold on Bargain Gift Card, you must set up an ACH Direct Deposit with Bargain Gift Card or you may also opt to request cash payment via PayPal or receive a physical check, subject to the terms below. Bargain Gift Card will not make any payments of sales proceeds via any direct deposit feature (or similar feature) of a pre-paid debit card. The terms of such credit will be set forth on the Site. In addition, you are required to have a valid credit card on file with Bargain Gift Card at all times, to enable Bargain Gift Card to exercise its recourse rights set forth in Section 6(d) below. Upon request from the Seller for any proceeds credited to Seller’s account for the sale of a Gift Card and subject to Bargain Gift Card’s recourse set forth in Section 6(d), Bargain Gift Card will pay the requested amount as follows:

• Payment by 3 day ACH will be honored at no additional charge;

• Payment by PayPal or check may be subject to additional fees identified at the time you select your payment method and PayPal may assess additional charges and fees that Bargain Gift Card is not responsible for;

• All checks will be sent to the address listed as the billing address for Seller’s credit card. A $35 fee may be assessed to reissue any check;

• Each Seller may make one payment request per day;

• If you sell a certain number of Gift Cards on Bargain Gift Card, you may be eligible for other payment methods;

4. Authorized Use & Termination of Access.

You can use Bargain Gift Card only for its intended purposes and solely in accordance with these Terms of Use. Subject to your full compliance with these Terms of Use, Bargain Gift Card grants you a limited, nonexclusive, non-sublicensable license to access and use Bargain Gift Card solely for the purpose of purchasing, selling or managing Gift Cards or receiving other available services and features on Bargain Gift Card. This limited use and access license is revocable at any time by us.

Your Member Account with Bargain Gift Card and any access to the products, services and/or any portion of our Site, including any of our mobile applications, is and shall remain at the sole and absolute discretion of Bargain Gift Card. Therefore, we reserve the right to temporarily or permanently terminate, suspend, or refuse to permit your access to any portion of Bargain Gift Card (including any of our mobile applications and your Member Account) and any of the services provided on Bargain Gift Card for any reason, all at our sole and absolute discretion, with or without notice and without liability to you of any kind. You further agree that you will remain bound to the terms of these Terms of Use at all times during any suspension and after termination of your Member Account or access to Bargain Gift Card, with respect to any purchase or sale transactions, occurrences or acts or omissions on your part prior to or during the suspension, or prior to termination. We reserve the right to terminate or change any of the services available on Bargain Gift Card.

5. Prohibited Activity.

In connection with using or accessing Bargain Gift Card (including your Member Account), whether via the website, our mobile applications or otherwise, you agree not to do, and not to facilitate any third party doing, any of the following (each a “Prohibited Activity” ):

(a) Modify, alter or otherwise make any derivative uses of the Bargain Gift Card content, trademarks, technology platform or its underlying software, or any portion thereof;

(b) Copy, reverse engineer, decompile, disassemble or attempt to discover the source code of the Bargain Gift Card technology platform or its underlying software;

(c) Use any automated or non-automated means of data gathering, data mining or extraction methods on or in connection with Bargain Gift Card, including any use of “robots”, “scrapers”, “spiders”, “readers” or similar devices;

(d) Infringe upon or violate the rights of Bargain Gift Card, its users, third parties or Retailers;

(e) Download, copy or imitate any portion of the Bargain Gift Card technology platform, its underlying software and content, or its user interface, or the Site, except as expressly permitted by Bargain Gift Card;

(f) Use Bargain Gift Card in any way that could damage, disable, overburden, place excessive demand on or impair our Site, mobile applications or any services we offer via Bargain Gift Card;

(g) Attempt to gain unauthorized access to (i) any Member’s personal information, personal profile, e-wallet or Member Account or (ii) Bargain Gift Card and its mobile applications, including but not limited to any Bargain Gift Card accounts, computer systems and/or network systems, through any means, including via a proxy server, or use any unauthorized access whether or not intentionally acquired;

(h) Aggregate or scrape any content, data or other information from the Site (whether using links, scraping technology or other technical means) to be aggregated or shown with material from other sites or on a secondary site without our express written permission;

(i) Hyperlink to the Site or deep-link to any portion of our Site without our written consent;

(j) Interfere with our Site’s or our mobile applications’ operations, attempt to access or steal any data and information on or related to the Site;

(k) Seek to transact any fraudulent or illegal activity, through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation of another person, misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your true identity or location (including via proxy server or otherwise) or providing false, inaccurate or altered documentation, information or identification;

(l) Circumvent or seek to circumvent any security measures or other features meant to protect the security of the Site and Bargain Gift Card Members’ security;

(m) Make any unsolicited offers, advertisements, proposals, or send junk mail, spam or chain letters to other Bargain Gift Card users or any other similar type of solicitation not approved of by Bargain Gift Card in writing;

(n) Upload to Bargain Gift Card images, content or other material that is illegally obtained, in violation of a third party’s intellectual property rights, or offensive, libelous, defamatory, harassing, threatening, inappropriate, deceptive or misleading in any way;

(o) Send or receive what we reasonably believe to be potentially fraudulent funds or otherwise use Bargain Gift Card in a manner that we believe is intended to facilitate a criminal or fraudulent activity or enterprise;

(p) Seek to access or use Bargain Gift Card from a country other than the U.S.;

(q) Use the Site in a manner that results in or may result in complaints, chargebacks, customer refunds, invalid Gift Cards, fees, penalties or other liability to Bargain Gift Card Marketplace, its other members or partners;

(r) Make any fraudulent, improper or false refund request or claim under the Bargain Gift Card refund policy or any similar customer guarantees provided by us from time-to-time;

(s) To provide any additional information about yourself as a Seller to the Buyer of a Gift Card or otherwise seek to sell Gift Cards directly to any Buyer on Bargain Gift Card;

(t) Engage in, or be involved in, any criminal and/or fraudulent activities, including not limited to, the following with regard to any Gift Cards bought and/or sold on Bargain Gift Card: (i) use of a Gift Card by the Seller after sale or in a manner that diminishes the value represented on Bargain Gift Card; (ii) any sale (or attempted sale) of a Gift Card to multiple parties; (iii) the use of any fraudulent or unauthorized payment method to acquire Gift Cards on Bargain Gift Card; (iv) provision of fraudulent, invalid, stolen or improperly obtained Gift Cards for sale on Bargain Gift Card or (v) the use of Gift Cards to perpetrate or facilitate any other criminal activity; and

(u) Use Bargain Gift Card other than for its intended purposes (including for any malicious, threatening, unethical, harassing, fraudulent or illegal activity) or otherwise in violation of these Terms of Use.

6. Your Liability – Actions We May Take and Fees We May Assess.

(a) General. You are responsible for all chargebacks, fees, fines, penalties and other liabilities incurred by us, any Member, a Retailer or any third party caused by or arising out of your breach of these Terms of Use, any Prohibited Activity and/or your use of Bargain Gift Card.

(b) Actions We May Take – Related to Prohibited Activity or Any Breach of these Terms of Use. If Bargain Gift Card, in its sole discretion, believes that you have breached these Terms of Use or engaged in any Prohibited Activity, we take various actions to protect Bargain Gift Card, our Members, Retailers or others from claims, refunds, chargebacks, fees, fines penalties or any other liabilities or exposure. The actions we may take include, without limitation, the following:

• We may close, suspend or limit your access to your Member Account or Bargain Gift Card (including limiting your access to your funds and/or your Gift Cards, your ability to sell or purchase Gift Cards or request payment from us);

• We may refuse to allow you to be a Member or otherwise access Bargain Gift Card in the future;

• We may hold your funds if reasonably needed to protect against the risk of liability, in connection with the sale of potentially Invalid Cards, member refunds or as otherwise provided in this these Term of Uses;

• We may terminate any of Gift Card transactions on Bargain Gift Card and withhold any payments associated with such transactions;

• We may contact your bank and/or credit card issuer, Retailers, law enforcement and any other third parties impacted by your activities;

• We may investigate any Prohibited Activity or breach of these Terms of Use and may notify and cooperate with appropriate law enforcement agencies;

• We can and may share any information related to your Member Account, transaction history, payment information and other information related to your usage of Bargain Gift Card with law enforcement or relevant Retailers, to the extent requested in connection with any investigation into any potentially criminal, fraudulent or Prohibited Activity;

• We may use information you provide us or related to your activity on Bargain Gift Card to investigate any potentially fraudulent or criminal activity or any Prohibited Activity, including to ensure you have not made improper or fraudulent refund requests under any Bargain Gift Card refund policy or member guarantee;

• We may take legal action against you; and

• We may, in our sole discretion, terminate all access to this Site, your Member Account and our services for any reason and at any time.

(c) Actions We Take – Holds and Reserves on Funds and your Member Account.

i. Legal Process & Court Orders. We may, in our sole discretion, take various actions, including placing a hold, reserve or other limitations on your Member Account or the funds or credits in your Member Account in the event we receive notice of a court order or other legal process that restricts the use of or access to your funds or requires their holding, release, or seizure. We will provide notice of such hold, reserve or limitation, unless the court or law enforcement otherwise directs us not to provide you notice, in which case the court order or other process will supersede any notice obligation in these Terms of Use In addition, in the event we receive a notice of garnishment, lien or levy on your Member Account directing us to retain funds or directing us to pay funds from your Member Account to a court, government body, agency or third party, we may limit your Member Account, hold relevant funds and ultimately disburse funds as necessary.

ii. Invalid Cards, Risk-Based and Verification Reasons. We may, in our sole discretion, place holds on payment of funds to you or reserves on funds in your Member Account, under the following circumstances: (A) if we provide a Buyer a refund under our return policy for a Gift Card sold by you on Bargain Gift Card, (B) as we investigate any Invalid Cards (as defined below), any Gift Card refund requests, or any potentially illegal or fraudulent activity or any Prohibited Activity, (C) if we believe there may be a high level of risk associated with you, your Member Account or your transactions on Bargain Gift Card, (D) until we have been able to complete certain verification procedures relate you and the processing of your Sales Transactions (including third party processor verification requirements) and (E) in connection with our recourse in Section 6(d) below. Our determination that you are a higher risk account may be based on a variety of factors, including your activity on Bargain Gift Card and information we may receive from third parties or otherwise. If we place a reserve or hold on funds in your Member Account, you will be informed of such reserve or hold. If your Member Account is subject to a reserve, we will provide you notice of this reserve, specifying the terms of the reserve or the policy under which such reserve is being placed.

(d) Financial Recourse and Fees We May Assess Against Sellers. AS A CONDITION TO BEING A SELLER ON BARGAIN GIFT CARD, YOU HEREBY AUTHORIZE BARGAIN GIFT CARD TO: (I) CHARGE YOUR PAYMENT METHOD (CREDIT CARD) ON FILE WITH BARGAIN GIFT CARD, (II) DEBIT YOUR MEMBER ACCOUNT ON BARGAIN GIFT CARD AND/OR (III) WITHHOLD ANY PAYMENT OWED TO YOU, FOR THE AMOUNTS DESCRIBED BELOW IN THE EVENT THAT ANY GIFT CARD YOU SELL ON BARGAIN GIFT CARD IS DETERMINED BY US TO BE AN “INVALID CARD,” OR IF ANY GIFT CARD YOU SELL ON BARGAIN GIFT CARD IS SUBJECT TO A REFUND UNDER OUR THEN CURRENT REFUND POLICY. All of the following amounts will be charged against the funds and/or credits in your Member Account and/or your payment method on file with Bargain Gift Card, and you will be liable to us for any amounts that we could not charge due to insufficient funds or credits in your Member Account:

i. Card Refund Fees, Commission and Member Account Adjustments: In the event you sell any Gift Card through Bargain Gift Card, that we determine in our sole discretion to be an “Invalid Card” (as defined below) or which we determine is subject to our then current money-back refund policy (the 30 day Money-Back Guarantee), we will charge your Member Account and/or your payment method on file with Bargain Gift Card for the full amount of the proceeds that were credited to your Member Account for the sale of the Invalid Card (the “Sale Price Reversal” ). You also may also be liable for the full Sales Commission relating to the Invalid Card in question, even if we reduced the Sales Commission to less than twelve percent (12%). In the event you sell an Invalid Card on Bargain Gift Card, you authorize us to charge your Member Account and/or your payment method on file with Bargain Gift Card for that Sales Commission or portion thereof necessary to ensure that you are charged for the full Sales Commission associated with such Invalid Card (the “Commission Recovery” ). In addition, Bargain Gift Card may charge your Member Account and/or your payment method on file with Bargain Gift Card a “Card Refund Fee” in amount up to the greater of $20 or 15% of the Gift Card sale price for each such Invalid Card.

An “Invalid Card” is any Gift Card that we determine, in our sole discretion: (1) to be invalid or not active for any reason, including without limitation if the Gift Card is determined to be fraudulent, counterfeit, stolen, inauthentic, unusable or non-transferable in any way, or we determine that you have resold, used or invalidated the Gift Card; (2) to be associated with any illegal or fraudulent activity or from an illegal or unauthorized source, (3) had a zero balance when sold by you or has a lower balance than you represented at the time of sale on Bargain Gift Card; (4) is a different brand from what you represented when selling the card on Bargain Gift Card; or (5) in the case of a physical Gift Card, was not delivered by you to the buyer on Bargain Gift Card within 30 days of the date of sale.

ii. Additional Remedies: In addition to the above fees and remedies, Bargain Gift Card may seek any and all other forms of recourse against a Seller it determines has sold invalid, fraudulent, inaccurate or illegally obtained Gift Cards on Bargain Gift Card or any Seller who Bargain Gift Card determined was involved in any illegal or fraudulent activity in connection with its sale of Gift Cards on Bargain Gift Card. All of our remedies are cumulative.

(e) Our Right to Reverse Refunds. In the event Bargain Gift Card determines, in its sole discretion, that you have mistakenly, improperly or fraudulent sought and received a refund for a Gift Card purchased on Bargain Gift Card under our then current refund policy, you authorize Bargain Gift Card to charge your payment method on file (credit card) with Bargain Gift Card or debit your Member Account the full amount of any such improper Gift Card refund(s) requested by you. Furthermore, in this circumstance, Bargain Gift Card reserves the right suspend or terminate your Member Account on Bargain Gift Card.

(f) Dispute of any Bargain Gift Card Recourse. In the event you believe in good faith that there may have been an error in our assessment of any fees, charges or other permitted recourse to your Member Account associated with a Gift Card you sold or purchased on Bargain Gift Card (including the recourse in this Section 6), you may contact Bargain Gift Card Member Services (which information is available on our Site) or your account manager, if applicable. You must provide us with all relevant information to support the reason you believe the recourse we took with regard to your Member Account or a particular Gift Card you bought or sold on Bargain Gift Card was not warranted and we will then, at our discretion, engage in further investigation of the particular matter (to the extent possible) to determine if there was any error in our assessment of any fees or charges to your account or any other similar permitted recourse hereunder. You hereby agree to fully cooperate with Bargain Gift Card in any such further investigation and to only provide us with full and truthful information. Bargain Gift Card will communicate its determination (after any such investigation) in accordance with its then existing policies and procedures. The timing and terms of any additional investigative process will be entirely dependent upon our then current policies and procedures related to such matters, which may change from time-to-time. You further agree that Bargain Gift Card’s determination after such additional investigation (to the extent possible) is final.

7. Delinquent Payments, Negative Accounts & Bargain Gift Card Recourse.

If your Member Account becomes past due (or negative) for any reason, your Member Account will be subject to a late payment charge of 1.5% for each thirty (30) day period it is past due, on the balance of the past due amount or the highest amount permitted under applicable law, whichever is lower (the “Late Payment Fee” ). This Late Payment Fee will be charged to your Member Account on the last day of each month your Member Account has a negative balance. For Member Accounts with any amounts past due, Bargain Gift Card may also deduct the amount owed (plus any accrued Late Payment Fees) from your payment method on file with Bargain Gift Card or debit such amounts from any proceeds (or credits) on current or future Gift Cards sold by you on Bargain Gift Card under your Member Account or any other Member Account we identify as yours or related to yours. In addition, we may close or suspend your Member Account for nonpayment or an outstanding negative balance, and you may be responsible for collection and related legal costs we incur. We may also first deduct any amounts (including Late Payment Fees) you owe us from any amount we owe you under your Member Account or any related Member Accounts. In the event your Member Account is suspended or terminated for any reason, any amount due on your account will be immediately due and payable. Closing of Member Accounts or opening and maintaining more than one Member Account does not alter your total liability to us, and we may combine amounts due to us from multiple Member Accounts. We may report information about your Member Account to credit bureaus, law enforcement or Retailers, so late payments, missed payments, or other defaults on your account may be reflected in your credit report.

8. Intellectual Property & Trademarks.

Unless otherwise indicated by us, the Bargain Gift Card Site and all content and other materials therein, including, without limitation, the Bargain Gift Card trademarks, logos and all other Bargain Gift Card designs, text, graphics, pictures, information, data, software, sound files, other files made available on Bargain Gift Card and the selection and arrangement thereof, and any documentation provided to you by or on behalf of Bargain Gift Card (but excluding any and all trademarks, service marks or other intellectual property of Retailers found on Bargain Gift Card) are the exclusive property of Bargain Gift Card. “Bargain Gift Card” and the Bargain Gift Card logo and any related slogans are Bargain Gift Card’s trademarks in the United States and may not be copied or used without the prior written permission of Bargain Gift Card. Unless explicitly stated by us, nothing in these Terms of Use shall be construed as conferring any ownership in or license to any intellectual property rights, whether by estoppel, implication or otherwise.

All trademarks not owned by Bargain Gift Card that appear on this Site are the property of their respective owners. Reference to any products, services, merchants or retailers available on Bargain Gift Card does not constitute or imply any endorsement, sponsorship or recommendation by Bargain Gift Card. Furthermore, Bargain Gift Card is not the issuer of any of the Gift Cards available for sale on Bargain Gift Card, is not the seller of any secondary Gift Cards sold on Bargain Gift Card and is not related to any of the Retailers whose trademarks and Gift Cards appear on Bargain Gift Card for sale.

By posting or uploading any information, content or material to Bargain Gift Card’s Site, you hereby agree to the following:

• You hereby grant Bargain Gift Card an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said information, content or material and to grant and authorize sub-licenses of the foregoing.

• You hereby grant Bargain Gift Card all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the information, content or material by any party for any purpose.

9. Copyright Complaints.

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Bargain Gift Card may also terminate or suspend the account of any member who infringes any intellectual property rights of a third party, whether a repeat infringer or not. If you believe that any user content on Bargain Gift Card infringes upon any copyright that you own or otherwise control, you may file a notice of such infringement with our Designated DMCA Agent identified below, with the following information in writing: (i) a physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Designated DMCA Agent: Attn: DMCA Copyright Agent, Bargain Gift Card Legal Department, , Email: legal@BargainGiftCard.com

10. Links to Other Websites.

Bargain Gift Card may link to third-party websites, services, and mobile applications ( “Other Websites” ). These links are provided as a convenience to you and not because we endorse these Other Websites. We are not responsible for the content or the accuracy of materials on these Other Websites, or the privacy practices of these Other Websites. If you decide to access any Other Website, you do so at your own risk and we are not responsible for any damages or liabilities caused or alleged to be caused by any use of the Other Websites.

11. Electronic Communications.

When you use Bargain Gift Card or otherwise send emails to Bargain Gift Card, you are communicating with us electronically and you consent to receive electronic communications related to your use of Bargain Gift Card, including push notifications. We will communicate with you by email, push notification or by providing notices on the Site. You agree that any communication we may send you via email or push notification will satisfy any legal requirement that any such communication be in writing. Any notice delivery by Bargain Gift Card via email will be effective when sent to the email address you provided to Bargain Gift Card or from which you otherwise email us. You further agree that you are responsible for maintaining an active email account on file with your Member Account and for any spam-filters (or similar content blockers) that may impact a Bargain Gift Card communication to you.

12. Disclaimer of Warranties & Waiver of Claims.

YOU EXPRESSLY AGREE THAT YOU ARE USING THE SITE AND ANY SERVICES OFFERED BY US AT YOUR OWN RISK AND THAT THE SITE AND SERVICES AVAILABLE ON THE SITE ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, BARGAIN GIFT CARD DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, INFORMATION CONTAINED ON THE SITE OR ANY OF THE GIFT CARDS OR OTHER OFFERINGS AVAILABLE ON THE SITE OR ANY OTHER PROGRAMS AVAILABLE OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY, UP-TIME, OR FITNESS FOR A PARTICULAR PURPOSE. BARGAIN GIFT CARD MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS FREE OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BARGAIN GIFT CARD OR ANY REPRESENTATIVE OF BARGAIN GIFT CARD WILL CREATE A WARRANTY OR OBLIGATION ON THE PART OF BARGAIN GIFT CARD OR SUPERCEDE ANY OF THESE TERMS OF USE.

BARGAIN GIFT CARD IS NOT THE ISSUER OF THE GIFT CARDS SOLD ON BARGAIN GIFT CARD AND IS NOT RESPONSIBLE FOR WHETHER OR HOW A PARTICULAR RETAILER HONORS SUCH GIFT CARDS, PARTICULARLY IN THE CIRCUMSTANCE WHEN A RETAILER GOES OUT OF BUSINESS OR IS IN BANKRUPTCY OR LIQUIDATION. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT YOU WILL NOT SEEK RECOURSE AGAINST (AND HEREBY WAIVE ANY AND ALL CLAIMS AGAINST) BARGAIN GIFT CARD IN THE CIRCUMSTANCE THAT A RETAILER DOES NOT HONOR A GIFT CARD BECAUSE IT IS UNABLE TO PAY ITS DEBTS, GOES OUT OF BUSINESS, LIQUIDATES, GOES BANKRUPT, OR OTHERWISE REORGANIZES. FURTHERMORE, BARGAIN GIFT CARD IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM LOST OR STOLEN GIFT CARDS IN YOUR MEMBER ACCOUNT OR BARGAIN GIFT CARD MOBILE WALLET OR USE OF YOUR BARGAIN GIFT CARD ACCOUNT OR BARGAIN GIFT CARD MOBILE WALLET (AND ANY GIFT CARDS THEREIN, INCLUDING ANY GIFT CARDS YOU ADD TO YOUR BARGAIN GIFT CARD MOBILE WALLET NOT OTHERWISE ACQUIRED ON BARGAIN GIFT CARD) WITHOUT YOUR PERMISSION AND YOU HEREBY AGREE TO WAIVE ALL CLAIMS AGAINST BARGAIN GIFT CARD RELATED TO SUCH MATTERS.

13. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL BARGAIN GIFT CARD, IT SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, MERCHANTS, LICENSORS OR PARTNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ON ACCOUNT OF LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOST BUSINESS ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (I) THE USE OF THE SITE, THE SITE AND/OR MEMBER CONTENT, INCLUDING ANY PERSONAL INFORMATION, (II) THE USE OF THE SERVICES ON THE SITE (OR INABILITY TO USE THE SERVICES), (III) THE MARKETING, PURCHASE OR SALE OF ANY GIFT CARDS ON THE SITE, AND (IV) ANY SERVICES OR OFFERINGS PROVIDED BY ANY THIRD PARTIES ACCESSIBLE FROM OR THROUGH THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY(INCLUDING, CONTRACT, TORT, WARRANTY, STRICT LIABILITY, ETC.) AND EVEN IF BARGAIN GIFT CARD WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BARGAIN GIFT CARD’S TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT, WARRANTY OR ANY OTHER THEORY OF LAW, ARISING UNDER THESE TERMS OF USE OR ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SITE AND/OR SERVICE PROVIDED VIA THE SITE EXCEED $200 IN THE AGGREGATE. YOU AGREE THAT ANY CAUSE OF ACTION HEREUNDER MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. BECAUSE CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS IN CERTAIN CONTEXTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

14. Indemnification & Release.

You agree to defend, indemnify and hold us (and our affiliates, subsidiaries and our and their respective officers, directors, employees and agents (collectively with Bargain Gift Card Marketplace, Inc. the “Indemnified Parties”)) harmless from any claim or demand made by any third party due to or arising out of or related to: (i) your breach of these Terms of Use, (ii) your improper use of the Site or Bargain Gift Card’s services, (iii) your violation of any third parties’ intellectual property rights, (iv) your intentional misconduct, fraudulent acts or gross negligence, (v) any content you provide on the Site or (vi) your violation of any applicable law, including any applicable tax laws. You agree to pay any and all losses, costs, damages and expenses (including reasonable legal fees and expenses) (collectively “Damages”) for which any Indemnified Party is found liable in respect of any such claim or demand and to reimburse each Indemnified Party immediately for any Damages that the Indemnified Party has directly incurred, suffered or paid. You hereby recognize that Bargain Gift Card is not the issuer of any Retailer Gift Card sold on Bargain Gift Card and not the seller of any secondary Gift Cards sold on Bargain Gift Card. To the extent permitted under applicable law, you agree to release Bargain Gift Card from any claim or liability arising out of or related to (x) how and whether a Retailer honors its Retailer Gift Card(s) purchased on Bargain Gift Card and (z) any Retailer’s failure to honor a particular Retailer Gift Card purchased by you on Bargain Gift Card.

15. Legal Disputes

a. Binding Arbitration. By using this Site and agreeing to these Terms of Use, you agree that any claim, dispute, or controversy you may have against Bargain Gift Card arising out of, relating to, or connected in any way with these Terms of Use, this Site, or the purchase or sale of any Gift Cards or any other services offered on Bargain Gift Card (a “Dispute” ), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ( “AAA” ) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA, including, without limitation, the AAA Supplementary Procedures for Consumer Related Disputes, available at http://www.adr.org. ( “Rules and Procedures” ); except that you may bring a qualifying claim over a Dispute in a small claims court. The provisions of this Section 14 shall constitute your and Bargain Gift Card’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”) and that you and Bargain Gift Card are each giving up the right to go to court and have a Dispute heard by a judge or jury (except for the limited exclusion above in a small claims court or in the context of injunctive relief permitted below).

You agree further that: (A) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Bargain Gift Card; (B) the arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (C) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Bargain Gift Card’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (D) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Bargain Gift Card will pay as much of your filing, arbitration and hearing fees in connection with the arbitration as the arbitrator deems necessary (not to exceed $10,000) to prevent the arbitration from being cost-prohibitive. Bargain Gift Card agrees not to seek attorney’s fees and costs in arbitration unless the arbitrator determines the Dispute was frivolous. The arbitration shall be conducted based on written submission unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary.

(b) No Class Action. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member of a purported class, representative proceeding or as an association. We each agree that any Dispute will be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator may not vary these terms.

(c) Choice of Law & Forum. Any and all Disputes shall be governed by the laws of the State of Florida without regard to any conflicts of laws provisions. In the event any Dispute were to proceed in court, you agree that (i) the federal and state courts of the state of Florida and Cook County shall have exclusive jurisdiction to adjudicate any such Dispute, (ii) you and Bargain Gift Card irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for the resolution of such Disputes and (iii) you and Bargain Gift Card agree to irrevocably waive any right to a trial by jury.

(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or related to the infringement of a party’s intellectual property or any conduct that violates Section 5 of these Terms of Use.

(e) Severability. If Section 16(b) above or Section 16(a),(c) above is ruled to be unenforceable, then Section 16(a) shall be deemed unenforceable, but the rest of this Section 16 shall remain in full effect.

16. Miscellaneous Provisions

(a) Force Majeure Bargain Gift Card shall be excused from performance under these Terms of Use, to the extent it is delayed or prevented from performing, as a result of any event or series of events caused by: (i) weather conditions or elements of nature or acts of god, (ii) acts of war, terrorism, insurrection, riot, political unrest, (iii) labor strikes, (iv) embargoes, (v) error or disruption to computer hardware, networks or software failures or of third party providers or (vi) other causes beyond the reasonable control of Bargain Gift Card.

(b) Entire Agreement These Terms of Use, including the Privacy Policy and other terms incorporated by reference, constitute the entire agreement and understanding between you and Bargain Gift Card with respect to the subject matter covered and supersedes any prior agreements, whether in writing or oral, with respect to such subject matter.

(c) Assignment These Terms of Use are not assignable, transferable or sublicensable by you except with Bargain Gift Card’s prior written consent. Bargain Gift Card may transfer, assign or delegate these Terms of Use and its rights and obligations hereunder without consent.

(d) Severability & Subject Headings To the extent that any term is deemed invalid or unenforceable by a court of law with jurisdiction over the matter, that term shall be severable and not affect the validity of remaining terms. The section headings used herein are for convenience only and shall be of no legal force or effect.

(e) Notice Any notice to the Site that is required or permitted by these Terms of Use shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to Legal@BargainGiftCard.com, when delivered in person by nationally recognized overnight courier, or when mailed by first class, registered or certified mail, postage prepaid, to Bargain Gift Card

2002 E 5th Ave, Suite 108

Tampa, Florida 33605

PH: 813-295-6986

Attn: Legal.

Sept 5th 2018