Last revised July 01, 2019.

Welcome to CardSwapper, a service offered by CardSwapper, LLC. ('CardSwapper' 'we,' or 'us')

which allows you to buy or sell closed loop prepaid cards, coupons, codes, or similar physical and

electronic payment devices (“Gift Cards”). This page explains the terms by which you may use

CardSwapper’s mobile app or websites (including www.cardswapper.com), kiosks, web widgets,

feeds, applications for third-party web sites and services, mobile app, and any other mobile, web, or

other services or applications owned, controlled, or offered by Cardswapper or in conjunction with

Cardswapper partners (collectively the “Service”). By accessing or using the Service, you signify that

you have read, understood, and agree to be bound by this Terms of Use Agreement including the

incorporated Privacy Policy (the “Agreement” or “Terms of Use”), whether or not you are a

registered user of our Service.

THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND CLASS-ACTION

WAIVER, WHICH DETERMINE HOW DISPUTES WITH CARDSWAPPER MAY BE

RESOLVED. BY USING THE SERVICE YOU ACCEPT THESE TERMS OF USE AND AGREE

TO BE BOUND BY THE ARBITRATION PROVISION AND CLASS-ACTION WAIVER

BELOW.

We reserve the right to amend this Agreement at any time by notifying you as provided in this

Agreement, provided that no notice shall be required or given for non-substantive changes to the

Agreement. If we substantively amend this Agreement we will give you notice by email or other

notice informing you of such changes to the Terms of Use, and you may reject the changes by

terminating your account. Your continued use of the Service after any such change constitutes your

acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of

Use, do not use or access (or continue to access) the Service and terminate your account. This

Agreement applies to each visitor, user, and anyone who accesses the Service (“User(s)”).

1. Use of Our Service

Cardswapper provides a platform for you to buy and sell Gift Cards using our Service in the United

States. There are no fees to create a Member Account or buy Gift Cards through the Service. Sellers

may be charged fees for listing their Gift Cards in our Marketplace, or if the Gift Cards they sell lose

their balance, as described further in Section 2.

A. Eligibility

This Service is intended solely for Users who are eighteen (18) years of age or older, and any

registration, use or access to the Service by anyone under 18 is strictly prohibited and in violation of

this Agreement. If we become aware that you are using the Service even though you are under 18, we

will deactivate your account.

By accessing or using the Services to complete a gift card purchase or sale, you affirm that you are at

least eighteen (18) years of age and in the United States. You represent that you are fully able and

competent to enter into and comply with the terms and conditions in the Terms of Use. The Service is

not directed to children under 18 so if you are under 18 years of age, you are not permitted to access

or use the Service. The Service is not available to any Users previously removed from the Service by

Cardswapper.

B. Member Accounts

You do not have to register to visit www.cardswapper.com or browse using the Service. To access

certain features of the Service, such as buying or selling Gift Cards, you are required to register with

CardSwapper and create a “Member Account”. CardSwapper may modify the Service and features

and functions available within a Member Account at any time in our sole discretion.

You may never use another User’s Member’s Account. When creating your Member Account or

using the Service, you must provide accurate and complete information. You are solely responsible

for the activity that occurs on your Member Account, and you are solely responsible for keeping your

Member Account password secure. You must notify CardSwapper immediately of any breach of

security or unauthorized use of your Member Account. CardSwapper will not be liable for any losses

caused by any unauthorized use of your Member Account. Violation of these Terms of Use will

result in the termination of a User’s Member Account, and CardSwapper may terminate a Member

Account at any time in its sole discretion.

You may control your Member Account profile and how you interact with the Service by changing

the settings, where available. By providing CardSwapper your email address you consent to our

using the email address to send you Service-related notices, including any notices required by law, in

lieu of communication by postal mail. We may also use your email address to send you other

messages, such as changes to features of the Service and special offers. If you do not want to receive

such email messages, you may opt out or change your preferences in your Member Account settings

page. Opting out may prevent you from receiving email messages regarding updates, improvements,

or offers. If you provide CardSwapper with a mobile telephone number, we may offer you the option

to enroll for text message alerts and offers. You can change your text message preference at any time

using your Member Account settings page. If you agree to receive text messages, you authorize

CardSwapper to use an automated dialer to send the messages.

C. Service Rules

As a User of the Service, You agree not to engage in any of the following prohibited activities: (i)

copying, distributing, or disclosing any part of the Service in any medium, including without

limitation by any automated or non-automated “scraping”; (ii) using any automated system, including

without limitation “robots or bots,” “spiders,” “offline readers,” etc., to access the Service in a

manner that sends more request messages to the CardSwapper servers than a human can reasonably

produce in the same period of time by using a conventional on-line web browser (except that

CardSwapper grants the operators of public search engines revocable permission to use spiders to

copy materials from CardSwapper.com for the sole purpose of and solely to the extent necessary for

creating publicly available searchable indices of the materials, but not caches or archives of such

materials); (iii) transmitting CardSwapper, its partners, systems, or User(s) any spam, chain letters,

offensive material, or other unsolicited email, communication or other data; (iv) attempting to

interfere with, compromise the system integrity or security or decipher any transmissions to or from

the servers running the Service; (v) taking any action that imposes, or may impose at our sole

discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading

invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or

harvesting any personally identifiable information, including account names, from the Service; (viii)

using the Service for any commercial solicitation purposes; (ix) impersonating another person or

otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or

attempting to hide your identity or sharing your Member Account or the Member Account of another

User; (x) interfering with the function of the Service or using the Service in a manner that would

result in fraud, chargebacks, penalties or complaints related to such behavior; (xi) accessing any

content on the Service through any technology or means other than those provided or authorized by

the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service,

including without limitation features that prevent or restrict use or copying of any content or enforce

limitations on use of the Service or the content therein; or (xiii) making a false claim for a refund

under the Purchase Guarantee or other similar policy provided by CardSwapper.

D. Suspension and Termination.

CardSwapper may temporarily or permanently suspend, terminate, or otherwise refuse to permit your

access to the Service or a Member Account without notice and liability for any reason, including if,

in CardSwapper's sole determination, you violate any provision of this Agreement, or for no reason.

Upon termination for any reason or no reason, you continue to be bound by this Agreement.

E. Service Changes

All aspects of the Service are subject to change or elimination at CardSwapper's sole discretion.

CardSwapper reserves the right to interrupt the Service with or without prior notice for any reason or

no reason. You agree that CardSwapper will not be liable to you for any interruption of the Service,

delay or failure to perform.

You are solely responsible for your interactions with other CardSwapper Users, if any. We reserve

the right, but have no obligation, to monitor disputes between you and other Users. CardSwapper

shall have no liability for your interactions with other Users, or for any User’s action or inaction.

2. Buying and Selling Gift Cards

The Service enables Users with Member Accounts to buy and sell Gift Cards. You agree to pay all

applicable taxes and charges imposed by any government entity in connection with your use of the

Service. You agree that CardSwapper is not liable for lost, damaged, or stolen mail, and that is it

your responsibility to ensure that any physical gift cards you are required send to CardSwapper arrive

safely at CardSwapper's processing centers, or the designated recipient (as applicable for

Marketplace transactions). CardSwapper is not responsible if you enter incorrect or inaccurate

shipping, payment, or billing information.

A. Buying Gift Cards

You acknowledge and agree that you must pay for any Gift Cards you buy with a valid credit card

(that you are authorized to use) or by other methods as the Service may allow. The Gift Cards you

purchase using the Service are subject to the terms and conditions of the third-party merchant with

whom it is redeemable (each a “Retailer”). CardSwapper is not responsible for the acts or omissions

of any Retailer(s), or any fees, expiration dates, or terms and conditions associated with a Retailer’s

Gift Card sold through the Service.

B. Purchase Guarantee

If you buy any Gift Cards, CardSwapper makes certain limited warranties (the “Purchase

Guarantee”) regarding your Gift Card transactions, as described on the Purchase Guarantee page and

hereby incorporated by reference. You acknowledge and agree that the Purchase Guarantee is subject

to this Agreement and any additional terms and conditions that may be described on the Service. If

you return a Gift Card, you represent and warrant in connection with any Gift Card you return

through or on the Service, the following: i) the Gift Card is in the same condition as when you

received it from CardSwapper; ii) the Gift Card has not been used since the original purchase date;

iii) the Gift Card is and shall be valid, to the best of your knowledge; iv) the Gift Card is redeemable

for the amount of credit that you state through the Service; v) you have not in any way retained a way

to redeem the Gift Card after returning the card to CardSwapper; vi) the Gift Card and any interest

therein is fully transferable to CardSwapper in the manner contemplated by this Agreement, without

violating any contractual or other right; vii) you are the sole, lawful owner of the Gift Card and all

interests thereto; viii) the Gift Card is not subject to any liens, obligations, or encumbrances of a third

party; and ix) you shall comply with all other requirements to complete the Gift Card transaction,

including, without limitation shipping instructions, required by the Service.

ALL CLAIMS UNDER THE PURCHASE GUARANTEE MUST BE SUBMITTED BY

EMAILING CLAIMS@CARDSWAPPER.COM WITHIN ONE (1) YEAR OF THE DATE YOU

ORIGINALLY PURCHASED THE GIFT CARD THAT IS SUBJECT TO THE CLAIM. YOU

SHALL NOT, DIRECTLY OR INDIRECTLY, BE ELIGIBLE TO UTILIZE THE PURCHASE

GUARANTEE FOR TRANSACTIONS EXCEEDING AN AGGREGATE AMOUNT OF ONE

THOUSAND DOLLARS ($1000.00) DURING YOUR LIFETIME AS A CARDPOOL MEMBER.

PURCHASE GUARANTEE PROGRAM DOES NOT APPLY TO ELECTRONIC GIFT CARDS

OR MOBILE GIFT CARDS DUE TO THE NATURE OF THOSE PROGRAMS. CARDPOOL

RESERVES THE RIGHT TO LIMIT OR DISCONTINUE THE PURCHASE GUARANTEE IN

OUR SOLE DISCRETION, INCLUDING WITHOUT LIMITATION IF WE BELIEVE THAT

YOU HAVE ENGAGED IN FRAUD OR OTHER UNLAWFUL ACTIVITIES, OR IF THE GIFT

CARD ISSUER OR RETAILER DECLARES BANKRUPTCY, ELIMINATES ITS GIFT CARD

PROGRAM, OR STOPS HONORING GIFT CARDS FOR ANY REASON.

C. Selling Gift Cards

Users of the Service can sell Gift Cards directly to CardSwapper. On www.cardpool.com, Users can

choose to alternatively list their Gift Card(s) through our online marketplace, where the Gift Card(s)

will be offered until purchased by another User or removed by the seller (the “CardSwapper

Marketplace”). Gift Cards listed in the CardSwapper Marketplace allow the seller to set the price of

the Gift Card (within parameters solely established by CardSwapper), but there is no guarantee a

buyer will be found. Sellers on the CardSwapper Marketplace may adjust their price or remove their

Gift Card from sale prior to acceptance of their offer. Once a buyer confirms the purchase of a Gift

Card listed in the CardSwapper Marketplace, that Gift Card cannot be removed, the price cannot be

changed, and the seller is obligated to proceed with the transaction as directed by CardSwapper,

which may include shipping a physical Gift Card the seller listed for sale to the buyer. CardSwapper

will notify sellers by email when their offer in the CardSwapper Marketplace is accepted. Sellers

have seven days to ship the Gift Card to the buyer (or such time as directed by CardSwapper), and

will not receive payment from CardSwapper until the buyer verifies receipt or the transaction will be

voided. CardSwapper may terminate a listing in the CardSwapper Marketplace at any time.

When you sell a Gift Card to CardSwapper via the Service, ownership of the Gift Card and any

interest therein to CardSwapper is immediately and automatically to CardSwapper. When you offer a

Gift Card on the CardSwapper Marketplace, You agree that you will not redeem any portion of the

Gift Card at any point prior to the sale to the buyer or thereafter.

SELLER REPRESENTATIONS AND WARRANTIES. AS A CARDSWAPPER USER YOU

HEREBY REPRESENT AND WARRANT IN CONNECTION WITH ANY GIFT CARD YOU

SELL THROUGH OR ON THE SERVICE, THE FOLLOWING:

I) THE GIFT CARD IS VALID;

II) THE GIFT CARD IS REDEEMABLE FOR THE AMOUNT OF CREDIT THAT YOU

STATE THROUGH THE SERVICE AND THE SAME BALANCE WILL REMAIN ON THE

CARD UNTIL IT CAN BE REDEEMED BY A SUBSEQUENT PURCHASER;

III) YOU HAVE NOT IN ANY WAY RETAINED A WAY TO REDEEM THE GIFT CARD

AFTER SELLING OR LISTING THE CARD;

IV) THE GIFT CARD AND ANY INTEREST THEREIN IS FULLY TRANSFERABLE TO

CARDSWAPPER OR THE BUYER IN THE MANNER CONTEMPLATED BY THIS

AGREEMENT, WITHOUT VIOLATING ANY CONTRACTUAL, LEGAL, OR OTHER

RIGHT;

V) YOU ARE THE SOLE, LAWFUL OWNER OF THE GIFT CARD AND ALL INTERESTS

THERETO; VI) THE GIFT CARD IS NOT SUBJECT TO ANY LIENS, OBLIGATIONS, OR

ENCUMBRANCES OF A THIRD PARTY;

VII) THE GIFT CARD IS NOT STOLEN, PROCURED BY FRAUD, OR OTHERWISE

SUBJECT TO A LEGAL DISPUTE;

AND VIII) YOU WILL COMPLY WITH ALL OTHER REQUIREMENTS OF THE

SERVICE TO COMPLETE THE GIFT CARD TRANSACTION, INCLUDING (WITHOUT

LIMITATION) SHIPPING INSTRUCTIONS.

AUTHORIZATION AND CHARGES. FOR EACH TRANSACTION THROUGH THE SERVICE

CARDSWAPPER MAY AUTHORIZE THE CREDIT CARD YOU PROVIDE TO ENSURE ITS

VALIDITY. FOR ANY PAYMENT INSTRUMENT YOU PROVIDE THROUGH THE SERVICE,

YOU AUTHORIZE CARDSWAPPER TO CHARGE A ONE DOLLAR ($1) AUTHORIZATION

CHARGE WHICH WILL BE REVERSED OR REFUNDED UPON VERIFICATION OF THE

PAYMENT INSTRUMENT. PLEASE NOTE: CERTAIN BANKING INSTITUTIONS DON'T

PROCESS REVERSAL OR REFUND REQUESTS IMMEDIATELY. IF YOU HAVE

QUESTIONS ABOUT AN AUTHORIZATION, REVERSAL, OR REFUND, CARDSWAPPER

RECOMMENDS YOU CONTACT YOUR BANKING INSTITUTION DIRECTLY.

BY SELLING A GIFT CARD TO CARDSWAPPER OR ON THE CARDSWAPPER

MARKETPLACE YOU AUTHORIZE CARDSWAPPER TO CHARGE THE PAYMENT CARD

YOU PROVIDE ON FILE, WITHHOLD ANY PAYMENTS OWING TO YOU, OR ASSESS A

REPLACEMENT CHARGE AND FEE. YOU FURTHER AGREE THAT YOU WILL BE

CHARGED A REPLACEMENT FEE IF THE GIFT CARD PROVES TO BE INVALID, VOID,

LESS THAN THE AMOUNT LISTED OR VERIFIED, STOLEN, FRAUDULENT, OR

OTHERWISE UNACCEPTABLE AS DETERMINED IN CARDSWAPPER’S REASONABLE

DISCRETION (AN “INVALID GIFT CARD”). THE REPLACEMENT FEE FOR AN INVALID

GIFT CARD WILL BE EQUAL TO THE BALANCE THAT YOU REPORTED AT THE TIME OF

THE SALE OR MARKETPLACE LISTING PLUS AN ADDITIONAL $10 SERVICE FEE.

CARDSWAPPER IS NOT RESPONSIBLE FOR ANY ERRORS THAT YOU HAVE MADE IN

ENTERING GIFT CARD INFORMATION.

D. Liability and Recourse

Each User is responsible for all chargebacks, losses, fees, fines and any other liability to

CardSwapper, Retailers, other Users, or third parties arising out of a breach of these Terms of Use,

the User’s use of the Service, sale of an Invalid Gift Card or other acts or omissions. CardSwapper

may take the following actions in response to a violation of these Terms of Use or any similar action

CardSwapper, in its sole discretion, deems prohibited:

(i) CardSwapper may suspend or terminate a User’s access or Member Account, and may

suspend or terminate any transaction;

(ii) CardSwapper may delay, withhold, suspend or cancel payments to you, including but not

limited to payments made by Gift Card, check, or ACH;

(iii) CardSwapper may bar or restrict your future use of the Service or registration for a Member

Account;

(iv) CardSwapper may contact banking and credit institutions, Retailers, law enforcement or

fraud/loss experts, or other third parties affected by or related to a User, or who may be able to

provide relevant information on a User, the Service or an issue related thereto; and

(v) CardSwapper may take legal action against you.

E. Support

If you believe in good faith there was an error with your Member Account, a transaction using the

Service, a chargeback or replacement fee charged to your payment card, or have another issue to

report please contact support@cardswapper.com . If applicable, please include your transaction

number and a detailed description of the issue you are reporting. We do our best to respond to

customer inquiries in a timely manner, but during holidays and certain high-volume periods our

response may take more time. CardSwapper appreciates your patience while we investigate and

respond to support requests and messages sent to our support team.

3. User Content

Some features of the Service may allow Users to post feedback, comments, questions, and other

information (“User Content”). You are solely responsible for User Content that you upload, publish,

display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree

CardSwapper acts as a passive conduit for the online distribution and publication of your User

Content. You understand that whether or not such User Content is published, CardSwapper does not

guarantee any confidentiality with respect to any User Content.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury,

emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other

person, or to any animal or third party; (ii) may create a risk of any loss or damage to any person or

property; (iii) seeks to harm or exploit children or others by exposing them to inappropriate content,

asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or

tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially

or culturally offensive, defamatory, infringing, invasive of personal privacy or publicity rights,

harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or

otherwise objectionable; (vi) contains any information or content that is illegal (including, without

limitation, the disclosure of insider information under securities law or of another party’s trade

secrets); (vii) contains any information or content that you do not have a right to make available

under any law or under contractual or fiduciary relationships; or (viii) contains any information or

content that you know is not correct and current. You agree that any User Content that you post does

not and will not violate third-party rights of any kind, including without limitation any Intellectual

Property Rights (as defined below), rights of publicity and privacy. CardSwapper reserves the right,

but is not obligated, to reject and/or remove any User Content that CardSwapper believes, in its sole

discretion, violates these provisions.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright

rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark

rights, goodwill, trade secret rights and other intellectual property rights as may now exist or

hereafter come into existence, and all applications therefore and registrations, renewals and

extensions thereof, under the laws of any state, country, territory or other jurisdiction.

CardSwapper takes no responsibility and assumes no liability for any User Content that you or any

other User or third party posts or sends over the Service. You understand and agree that any loss or

damage of any kind that occurs as a result of the use of any User Content. You understand and

acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent,

objectionable, or inappropriate for children, and you agree that CardSwapper shall not be liable for

any damages you allege to incur as a result of such User Content.

4. User Content License Grant

You retain all your ownership rights in your User Content. By posting any User Content on the

Service, you expressly grant to CardSwapper a royalty-free, sublicensable, transferable, perpetual,

irrevocable, non-exclusive, worldwide license to use, reproduce, modify, distribute, publicly perform,

publicly display, make derivative works of and otherwise fully exploit all such User Content and

your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any

form, media or technology, whether now known or hereafter developed, for use in connection with

the Service. You also hereby grant each User of the Service a non-exclusive license to access your

User Content through the Service, and to use, reproduce, distribute, display and perform such User

Content as permitted through the functionality of the Service and under this Agreement.

The above licenses granted by you in your User Content terminate within a commercially reasonable

time after you remove or delete your User Content from the Service. You understand and agree,

however, that CardSwapper may retain, but not display, distribute, or perform, server copies of User

Content that have been removed or deleted. The above licenses granted by you in User Content for

which the Service does not provide you a means to delete or remove are perpetual and irrevocable.

5. End User License Grant

Subject to the terms and conditions of this Agreement, CardSwapper hereby grants you a non-

exclusive, limited, non-transferable, non-sublicensable, freely revocable license to access and use the

Service for your personal, noncommercial use only. CardSwapper reserves all rights not expressly

granted herein. This license terminates immediately upon any suspension or other termination by

CardSwapper under Section 1.D., which CardSwapper may do at any time for any reason or no

reason.

6. Our Proprietary Rights

The Service and all materials therein, including, without limitation, software, images, text, graphics,

illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos,

music, and other content (excluding your User Content, the "CardSwapper Content"), and all

Intellectual Property Rights related thereto, are the exclusive property of CardSwapper and its

licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a

license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent,

modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit

or create derivative works from any materials or content accessible on the Service. Use of the

CardSwapper Content or materials on the Service for any purpose not expressly permitted by this

Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including

without limitation about how to improve the Service or our products (“Feedback”). By submitting

any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and

you grant CardSwapper a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-

exclusive, worldwide license to fully use and exploit the Feedback without any additional

compensation or obligation to you, including to disclose the Feedback to anyone. You further

acknowledge that, by acceptance of your submission, CardSwapper does not waive any rights to use

similar or related ideas.

7. Privacy

We care about the privacy of our Users. Click here to view our Privacy Policy, which is incorporated

into this Agreement. By using the Service, you acknowledge that you have read and agree to be

bound by our Privacy Policy.

8. Security

The security safeguards that we use to protect your data vary based on the sensitivity of the

information that we collect, process and store and the current state of technology. We have

implemented commercially reasonable technical and organizational measures designed to secure

your personal information from accidental loss and from unauthorized access, use, alteration or

disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat

those measures or use your personal information for improper purposes. You acknowledge that you

provide your personal information at your own risk.

9. DMCA Notice

Since we respect artist and content owner rights, it is CardSwapper’s policy to respond to alleged

infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright

infringement and is accessible via the Service, please notify CardSwapper’s copyright agent as set

forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the

following information in writing:

A. An electronic or physical signature of a person authorized to act on behalf of the copyright

owner;

B. Identification of the copyrighted work that you claim has been infringed;

C. Identification of the material that is claimed to be infringing and where it is located on the

Service;

D. Information reasonably sufficient to permit CardSwapper to contact you, such as your

address, telephone number, and, e-mail address;

E. A statement that you have a good faith belief that use of the material in the manner

complained of is not authorized by the copyright owner, its agent, or law; and

F. A statement, made under penalty of perjury, that the above information is accurate, and that

you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice

Email: copyright@cardswapper.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE

MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR

PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS,

AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying CardSwapper and its affiliates that your

copyrighted material has been infringed. The preceding requirements are intended to comply with

CardSwapper's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not

constitute legal advice. It may be advisable to contact an attorney regarding your rights and

obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, CardSwapper has adopted a policy of

terminating, in appropriate circumstances and at CardSwapper's sole discretion, members who are

deemed to be repeat infringers. CardSwapper may also at its sole discretion limit access to the

Service and/or terminate the accounts of any Users who infringe any intellectual property rights of

others, whether or not there is any repeat infringement.

10. Third-Party Materials

The Service may contain links to third-party websites, advertisers, services, special offers, or other

events or activities that are not owned or controlled by CardSwapper (“Third Party Materials”).

CardSwapper does not endorse or assume any responsibility for any Third Party Materials, including

with respect to any goods or services purchased using any Gift Cards. If you access a third party

website from the Service, you do so at your own risk, and you understand that this Agreement and

CardSwapper’s Privacy Policy do not apply to your use of such sites. You expressly relieve

CardSwapper from any and all liability arising from your use of any third-party website, service,

advertisement or content.

11. Indemnity

You agree to defend, indemnify and hold harmless CardSwapper and its subsidiaries, agents,

licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers

and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or

debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and

access to the Service, including any data or content transmitted or received by you; (ii) your violation

of any term of this Agreement, including without limitation your breach of any of the representations

and warranties above; (iii) your violation of any third-party right, including without limitation any

right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or

regulation of the United States or any other country; (v) any claim or damages that arise as a result of

any data or content that is submitted via your account; or (vi) any other party’s access and use of the

Service with your unique username, password or other appropriate security code. CardSwapper shall

endeavor to provide notice to you of any such claim, suit or demand. CardSwapper reserves the right

to conduct the exclusive defense and control of any matter that is subject to indemnification under

this section. In such case, you agree to cooperate with any reasonable requests assisting

CardSwapper’s defense of such matters.

12. No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE

SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY

APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND,

WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR

NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CARDSWAPPER, ITS

SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS

ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR

REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR

TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS

WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER

HARMFUL COMPONENTS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL

CARDSWAPPER, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR

LICENSORS BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,

CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION

DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE

LOSSES, (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE VALUE OF

YOUR TOTAL GIFT CARD TRANSACTIONS VIA THE SERVICE IN THE SIX (6) MONTHS

PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NONE, FIVE HUNDRED

($500) U.S. DOLLARS, OR (C) ANY MATTER BEYOND CARDSWAPPER’S REASONABLE

CONTROL.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARDSWAPPER

ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR

INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF

ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR

SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR

ANY AND ALL PERSONAL INFORMATION OR DATA STORED THEREIN; (IV) ANY

INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V)

ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO

OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS

IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE

USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE

AVAILABLE THROUGH THE SERVICE; (VII) THE DEFAMATORY, OFFENSIVE, OR

ILLEGAL CONDUCT OF ANY THIRD PARTY; (VIII) LOST OR STOLEN, OR OTHERWISE

UN-REDEEMABLE GIFT CARDS; AND/OR A RETAILER’S REFUSAL OR FAILURE TO

HONOR A GIFT CARD PURCHASED THROUGH THE SERVICE.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED

LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY

OTHER BASIS, EVEN IF CARDSWAPPER HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE

FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from its facilities in the United States. CardSwapper makes no

representations that the Service is appropriate or available for use in other locations. Those who

access or use the Service from other jurisdictions do so at their own volition and are entirely

responsible for compliance with all applicable United States and local laws and regulations,

including but not limited to export and import regulations. You may not use the Service if you are a

resident of a country embargoed by the United States, or are a foreign person or entity blocked or

denied by the United States government. Unless otherwise explicitly stated, all materials found on

the Service are solely directed to individuals, companies, or other entities located in the United

States.

14. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned

by you, but may be assigned by CardSwapper without restriction.

15. General

A. Governing Law. You agree that: (i) the Service shall be deemed solely based in the State of

Washington; and (ii) the Service shall be deemed a passive one that does not give rise to

personal jurisdiction over CardSwapper, either specific or general, in jurisdictions other than the

State of Washington. This Agreement shall be governed by the internal substantive laws of the

State of Washington, without respect to its conflict of laws principles. The application of the

United Nations Convention on Contracts for the International Sale of Goods is expressly

excluded. Any claim or dispute between you and CardSwapper that arises in whole or in part

from the Service shall be decided exclusively by a court of competent jurisdiction located in

King County, Washington, unless submitted to arbitration as set forth in the following

paragraph.

B. Arbitration. For any claim (excluding claims for injunctive or other equitable relief)

under this Agreement where the total amount of the award sought is less than ten

thousand U.S. dollars ($10,000), the parties agree to resolve the dispute through binding

non-appearance-based arbitration. The party bringing a claim shall initiate the arbitration

through Judicial Arbitration and Mediation Services (“JAMS”) according to the

arbitration procedures established by JAMS. JAMS and the parties must comply with the

following rules: a) the arbitration shall be conducted by telephone, online and/or be solely

based on written submissions, as selected by the party initiating the arbitration; b) the

arbitration shall not involve any personal appearance by the parties or witnesses unless

otherwise mutually agreed by the parties; and c) any judgment on the award rendered by

the arbitrator may be entered in any court of competent jurisdiction.

C. Waiver of Jury Trial. For claims or disputes where the award sought is equal to or in

excess of ten thousand U.S. dollars ($10,000), the parties expressly waive all rights to trial

by jury, and further agree to submit to a trial heard by one judge sitting in a court of

competent jurisdiction in King County, Washington.

D. No Class Action. CardSwapper and the User each agree that any dispute under the

respective capacities as individuals, and not as a plaintiff or member of a class or

purported class, representative proceeding, or association. CardSwapper and the User

each agree that any dispute under the Terms of use or related to the Service in any

manner will be heard on an individual basis, and not as a plaintiff or member of a class or

purported class, representative proceeding, or association.

E. Notification Procedures. CardSwapper may provide notifications, whether such notifications

are required by law or are for marketing or other business related purposes (e.g., in the case of

any substantive changes to this Agreement), to you via email notice, written or hard copy notice,

or through conspicuous posting of such notice on our website, as determined by CardSwapper in

our sole discretion. CardSwapper reserves the right to determine the form and means of

providing notifications to our Users, provided that you may opt out of certain means of

notification as described in this Agreement. CardSwapper is not responsible for any automatic

filtering you or your network provider may apply to email notifications we send to the email

address you provide us. We recommend that you add notifications@cardswapper.com to your

email address book to help ensure you receive email notifications from us. Notices to

Cardswapper should be sent in writing to:

F. Entire Agreement/Severability. This Agreement, together with any amendments and any

documents referenced herein, shall constitute the entire agreement between you and

Cardswapper concerning the Service. If any provision of this Agreement is deemed invalid by a

court of competent jurisdiction, the invalidity of such provision shall not affect the validity of

the remaining provisions of this Agreement, which shall remain in full force and effect. No

agency, partnership, joint venture, or employment is created as a result of this Agreement and

you do not have any authority of any kind to bind Cardswapper in any respect whatsoever.

G. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing

waiver of such term or any other term, and Cardswapper's failure to assert any right or provision

under this Agreement shall not constitute a waiver of such right or provision. All waivers and

modifications to this Agreement must be in a writing signed by both parties that expressly by its

terms modifies or waives a provision of this Agreement.