TERMS AND CONDITIONS
Gift Cards that we accept. Giftcardshark only accepts for purchase Gift Cards issued by certain merchants and we reserve the right to not accept your Gift Cards for any or no reason, in our sole discretion. We will return to you your gift cards if we elect not to accept. Sending or providing your gift cards to Giftcardshark does not obligate us to accept ownership of any such Gift Cards. Shipping and handling charges may apply to returned gift cards. We do not accept Visa, MasterCard, American Express, Discover Card or any subsidiary of these major companies due to licensing. If you have any questions about what gift cards we accept please write us at email@example.com or by mail Giftcardshark, P.O. Box 272 Newman Lake, WA 99025-0272.
In the sale of a gift card you hereby represent and warrant and continue to represent and warrant, in connection with any gift card you sell us,
the following (1) You are able to form binding contracts and are 18 years or older, (2) The gift card is valid, (3) The gift card is redeemable for the amount that you state to us, (4) The gift card and any interest in that card is fully transferrable to Giftcardshark in the manner identified by this agreement, (5)You are the sole lawful owner of the gift card and all of its interests, (6) The gift card is not subject to any liens, obligations, or encumbrances of a third party, (7) You will pay all applicable taxes or charges imposed by any government entity in your connection with your sale of your gift cards, (8) The information you provide to us at all times will be true, accurate, current and complete, (9) Your sale of gift cards
to us will fully comply with this agreement and all applicable laws, rules and regulations applicable to the sale, transfer of gift cards and (10) You shall comply with all other requirements to complete the gift card transaction, including without limitation shipping instructions required by us. You also warrant that your description of the gift card is accurate and complete. We are not liable for any changes in merchant policies regarding the resale of your gift cards after we have received the gift card and before we have issued payment. Subject to the terms of this agreement we will process your payment as soon as we receive and validate your gift cards.
If you offer or deliver an invalid, fraudulent, counterfeit or misleading gift card, we reserve the right to cancel the sale, return the gift
card to you or send it to the issuing retailer or merchant and hold you liable for any and all charges we incur in connection to such gift card. These charges may include but are not limited to, cost of the replacement of the gift card, reprinting fees, rerouting charges, refunds to the purchaser of the gift card in connection to the fraud.
You agree that we may report and activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. No warranty, other than those warranties expressed in this agreement, all services are provided as as-is without warranty or conditions of any kind. Subject to the terms in this agreement you agree that your use of this service will be at your sole risk and we and each of our officers, directors, members, employees agents and affiliates disclaim all warranties, expressed or implied in the connection with your use of our services. In no event shall we be liable to you or any third party, including your insurance carrier, for any indirect, consequential, incidental, special or punitive damages, including lost profits or damages arising from use of our services. Giftcardshark shall not be liable for any subrogation claim brought by your insurance carrier, and, by submitting and providing your gift cards to Giftcardshark you expressly and specifically waive and such subrogation claim on your behalf as well as on the behalf of your insurance carrier.
We shall not be liable for claims made against you or us arising out of the use of the services or by nay third party including but not limited to the
gift card issuing merchants and you hereby agree to indemnify and hold us, our officers, directors, employees, members, agents and affiliates harmless from and against and claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your breach or violation of this agreement or your violation of any law or rights of a third party.
You agree that any disputes between us shall be resolved under the substantive law of the State of Washington. You agree that our services shall be deemed solely based in the State of Washington and our services do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Washington. You and we agree to submit all disputes between us to the exclusive jurisdiction of the state and federal courts located in Spokane, Washington. Each party shall reimburse the other party for any and all costs incurred by the party defending such foregoing civil action filed or attempted to be filed by the other party in any jurisdiction outside of Spokane, Washington, including but not limited to attorneys fees, except for an injunction action regarding breach or threatened breach of any provision of this agreement by you.