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TERMS OF USE

Welcome to the GiftCardDonor.com, GiftCardsAgain.com, and GiftCardBuyBack.com companion web sites (the "Gift Card Sites") owned and operated by Shared Progress, Inc., an Ohio corporation.  By using the Gift Card Sites, you agree to be bound by the following terms and conditions concerning your use of the Gift Card Sites ("Terms of Use") and our Privacy Policy.  We may revise the Terms of Use and Privacy Policy at any time without notice to you, which will take effect when posted to the Gift Card Sites.

1. Use of Web Site Information
You may not reproduce, copy, duplicate, assign, sell, transfer, misuse or exploit any portion of the Gift Card Sites without our prior written consent.  All information on the Gift Card Sites may be used only to donate, buy and sell products listed on the Gift Card Sites.  In the event that we believe that you have failed to comply with any terms, conditions, or rules of the Gift Card Sites, you agree that the Gift Card Sites has the right, without notice and in its sole discretion, to restrict your access to the Gift Cards Sites.  The Gift Card Sites may also, without notice and in its sole discretion, discontinue the Gift Card Sites, or any part thereof, with or without notice.  You agree that you do not have any right to use the Gift Card Sites and that the Gift Card Sites have no liability to you if the sites are discontinued or your ability to access the sites is terminated.

2. Gift Card Rules

  • Gift Card Donor will accept donations of gift cards or store/merchandise credits from any company for any value for the charity of your choice listed on GiftCardDonor.com.  These cards will be sold on GiftCardsAgain.com and the net proceeds (75% or more of the revenue) will go to the charity.  Note: state laws will not allow us to accept donations for charities not listed on our site.  Please recommend your favorite charity so we can ask them to join our site.
  • Gift Card Donor will provide you a confirmation email of your initial order.  Upon receipt of the donated cards, Gift Card Donor will verify the values and provide an official receipt via email with the fair market value of your donation.  It is this fair market value that may be deductible on your Federal income tax return.  Please check with your tax advisor regarding your eligibility for the deduction.
  • Members of Gift Card Donor cannot solicit gift cards directly from any company that sells gift cards.
  • Gift Cards Again ensures the value of the card at delivery time; therefore you accept the risk of loss of value of each gift card caused by application of any gift card company dormancy rules after that time.  To reduce your risk, read the rules on the back side of the gift cards and use the gift cards shortly after you receive them.
  • We accept gift card returns at Gift Cards Again.  See our Return Policy for details.
  • In the event that a Gift Cards Again order is lost in the mail (or other similar issues), Gift Cards Again will use the remaining balance left on the gift cards and refund the amount paid for the order to the customer.
  • Gift Cards Again will periodically run out of gift cards to your favorite place.  You can always visit the gift card company’s website or store to buy gift cards at full price.  Help us keep the inventory well stocked by donating your cards to charity at GiftCardDonor.com or selling them to GiftCardBuyBack.com.
  • Gift Card Buy Back will only buy gift cards of companies listed on GiftCardBuyBack.com with balances between $10 and $300 that can be easily verified using a gift card issuing company’s toll-free number or website.  Customers will be paid after verification of the gift card value.  Our goal is to have your check to you within 10 days of when you mail your gift cards.  However, it may take longer during holidays.
  • Gift Card Buy Back will only buy Merchandise Credit gift cards for the companies listed on GiftCardBuyBack.com as long as they do not expire in less than 18 months, they are not non-transferable, and they are easily verified by a toll-free phone number or website.  Any cards not meeting these criteria will be mailed back to you at your expense.  Please visit our Merchandise Credit Policy page for a list of known companies we will not accept.
  • In the event of a dispute over gift cards sold to Gift Card Buy Back, we will return the gift cards “as is” if they have not been sold on GiftCardsAgain.com.   If the disputed gift card(s) have been sold on GiftCardsAgain.com then Gift Card Buy Back will be liable for the cost of the verified value of the gift cards based on the rate agreed in the original order.
  • Gift card prices on GiftCardBuyBack.com and GiftCardsAgain.com can vary based on their marketability and demand.
  • We only buy and subsequently sell gift cards in the United States and all transactions are valued in US dollars.

3. Communication with the Gift Card Sites
You consent to receipt of electronic communications from the Gift Card Sites, and agree that all notices, agreements, and other disclosures communicated to you electronically (by e-mail, posted to the sites, or other electronic means) satisfies any legal requirement that such communication be in writing.  The Gift Card Sites shall be free to use any concepts, ideas, techniques, or know-how contained in any communication you send to the web sites for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services using such information.  Any personally identifiable information you provide to the Gift Card Sites shall be subject to our Privacy Policy.

4. Linking to third-party web sites
When you click on links and banners on our site that take you to third-party web sites (including any of the gift card company or charity links), you will be subject to said third parties’ rules and privacy policies.  As such, the Gift Card Sites cannot be responsible for the actions of any third-party web sites. We encourage you to read the posted privacy statement of every site you visit, whether you are linking from our site or browsing on your own.

5. Passwords and Security
You are solely responsible for maintaining the confidentiality of any password(s) you create to access the Gift Card Sites, and are fully responsible for all activities that occur under your password(s).  The Gift Card Sites are concerned about the security of personal information we have collected from you and have taken commercially reasonable steps to prevent unauthorized access to that information.

6. Disclaimer
The Gift Card Sites, and all content, materials, information, software, products and services provided on the Gift Card Sites, are provided on an "as is" and "as available" basis.

The Gift Card Sites expressly disclaim all representations and warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of quality, merchantability, fitness for a particular purpose and non-infringement, or the absence of latent or patent defect.  The Gift Card Sites make no warranty that: (a) the site will meet your requirements; (b) the site will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the sites or any services offered through the sites will be accurate or reliable; or (d) the quality of any products, services, information, or other material purchased or obtained by you through the sites will meet your expectations.

Any content, materials, information or software downloaded or otherwise obtained through the use of the sites is done at your own discretion and risk.  The Gift Card Sites shall have no responsibility for any damage or loss to your computer system or loss of data that results from the download of any content, materials, information or software.  The Gift Card Sites reserve the right to make changes or updates to the sites at any time without notice.

7. Limitation of Liability
To the extent permitted by law, you agree that the Gift Card Sites shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including, but not limited to, damages for lost profits or loss of goodwill, use, or data (even if the Gift Card Sites has been advised of the possibility of such damages), that results from: (a) your use of or inability to use the Gift Card Sites; (b) the cost you incur to substitute for any goods you purchased through the Gift Card Sites; (c) access to use or misuse of or alteration of your personally-identifiable information or other information in an unauthorized manner; (d) representations or conduct of any third party related to the Gift Card Sites, including our advertisers and business partners; or (e) any other matter relating to the Gift Card Sites.  Some jurisdictions do not allow the limitation or exclusion of liability, so some of the above limitations may not apply to you.

8. Indemnity
You agree to defend, indemnify and hold the Gift Card Sites and its owners, officers, directors, employees and agents harmless from and against any and all claims, liabilities, damages, losses, costs or expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Gift Card Sites.

9. Jurisdiction
These websites are controlled by the Gift Cards Sites from its offices within the State of Ohio.  The Gift Card Sites do not imply that the materials published on these web sites are appropriate for use outside of the United States.  If you access these web sites from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws.  The terms of these web sites shall be governed by the laws of the state of Ohio, without giving effect to its conflict of laws provisions. 

You agree that these Terms of Use describe the entire agreement between us with respect to its subject matter. The Gift Card Sites were created and are operated under the laws of the State of Ohio, which will control the Terms of Use provided herein, without giving effect to any principles of conflict of laws.  Any cause of action arising out of these Terms of Use shall be venued in the appropriate federal and state courts seated in Licking County, Ohio.  If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or unenforceable, we both agree that the other provisions of these Terms of Use will remain in full force and effect.

10. Ownership of Sites and Copyright Information
You agree not to infringe, use or misappropriate any patent, copyright, trademark, trade name, trade secret, proprietary information or any other information, confidential or otherwise, disclosed on the Gift Card Sites.  You agree to defend, indemnify, and save the Gift Card Sites harmless from any liability or loss arising from your violation of any third party trade secrets, proprietary information, trademark, patent, or copyright rights.

11. Changes to Terms of Use
The Gift Card Sites reserve the right to change, modify or amend the Terms of Use at any time by posting the revised Terms of Use on our sites.  The changes will only affect the information we collect after the effective date of the change to our Terms of Use unless we clearly express otherwise.  The changes made in this October 17, 2007 version affects all information we have collected prior to such date.

A history of material changes to our Terms of Use is noted here, beginning with changes published after August 1, 2005.

  • October 17, 2007: Revised to add our new website GiftCardDonor.com and sharing information with "Charitable Organizations listed on Gift Card Donor."

Revised date 10/17/2007


 

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Terms of Use | Merchandise Credit Policy | Privacy Policy - © 2005-2008 Gift Card Buy Back