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Conditions of Use
Terms and Conditions
for the www.giftcardbin.com website

Effective 01/01/2010
Welcome to the Gift Card Bin(sm) website!

YOU MUST READ AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SITE.
We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and adhere to the following terms of use. Please review the following terms and conditions carefully. If you do not agree to the terms and conditions, you should not obtain goods, services or products from this site.
 
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.
 
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement with respect to our site (the "www.giftcardbin.com"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. Additionally, completing a purchase on our site indicates that you have read and accepted these terms and conditions.
 
2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
 
3. Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be canceled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by “G & N LLC” in its sole discretion. If membership has been revoked, “G & N LLC” reserves the right to refuse application or readmission to the membership program. If you sell or trade us a card which G & N LLC determines to be a fraudulent card or one whose balance has changed from the time the original transaction has taken place with Gift Card Bin, the “seller” or “trader” of the card accepts full responsibility to reimburse Gift Card Bin for the value of the card in the case of a trade or the cost which Gift Card Bin bought the card for in the case of a sale. If the “seller” or “trader” “refuses” to reimburse Gift Card Bin or if Gift Card Bin cannot contact the seller, Gift Card Bin has the authority to charge the “sellers” or “traders” credit card number provided at the time of the transaction or proceed to collect reimbursement in other methods sanctioned by the law of the state of CA.
 
4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
 
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
 
6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
 
7. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
 
8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
 
9. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
 
10. Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
 
11. Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
 
12. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
 
13. Privacy Policy. Our Privacy Policy may change from time to time and is a part of this Agreement.
 
14. Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
 
15. Billing and Shipping Errors. G & N LLC reserves the right to cancel an order partially or completely for items that are out of stock or for items that were omitted by our shipping department. If an item was omitted Gift Card Bin will consider re-shipping the missing item at no cost to the buyer. Re-shipping the item is at Gift Card Bins sole discretion. If GIFT CARD BIN does not ship the omitted item, it will refund the buyer for that portion of the order within 24-72 hours. If GIFT CARD BINs shipping department shipped additional cards or a card of greater value, the buyer accepts responsibility to notify GIFT CARD BIN of this error within 7 business days. GIFT CARD BIN will provide a free shipping label for the buyer to return the card. If the card is not returned, GIFT CARD BIN reserves the right to charge/bill the buyer for the remaining balance.
 
16. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
 
17. Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
 
18. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
 
19. Return Policy. Due to the nature of our online site, and the products listed, we “Gift Card Bin” have a strict NO RETURN policy for any product. No product shall be able to be returned for a like item, or for a cash refund. Additionally, orders cannot be canceled once the order has been placed.
 
20.Shipping Policy. Gift Card Bin will be responsible to ship out the order as per the method selected by the customer at the time the order was placed. GIFT CARD BIN generally will ship out the order within 1-2 business days from the time the order was placed. However, GIFT CARD BIN reserves the right to ship out the order up to seven business days. GIFT CARD BIN will provide the customer a tracking number as proof that the order has been shipped out. No further proof is required. Once the tracking number provided by Gift Card Bin indicates that it is in route with the carrier, GIFT CARD BIN shall bare no responsibility unless shipping insurance has been selected and paid by the customer at the time of checkout. Once the tracking information declares the package to be delivered Gift Card Bin shall be absolved from all claims of non receipt even if shipping insurance has been selected.
 
21.Goods Not As Described Policy. If a gift card turns out to be a fraudulent card Gift Card Bin will either replace the card or refund the purchase. If there is a balance discrepancy, the customer is required to immediately contact Gift Card Bin Customer Service and Gift Card Bin will investigate the matter. If a customer contacts Gift Card Bin within 100 days of receipt of a gift card (as determined by Gift Card Bin) and Gift Card Bin investigation concludes that the balance discrepancy was not a result of the customers own use of the card, Gift Card Bin will either replace the card or refund the purchase.
 
22.Right To Refuse An Order. Gift Card Bin reserves the right to refuse any order placed. Additionally, if there was a mistake in the price of an order or coupon applied, Gift Card Bin reserves the right to notify the customer to pay the difference or cancel the order. Gift Card Bin reserves the right to cancel the order at anytime.
 
23. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF SACRAMENTO COUNT, CA OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CALIFORNIA. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT “SACRAMENTO, CA OR THE DISTRICT OF CALIFORNIA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by “G & N LLC”, in the State of California, USA. As such, the laws of California will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
 
24. Lapsed Accounts: In order to keep “Gift Card Bin” membership roster current, if a Member does not access his or her account for a period of 90 days or more, “Gift Card Bin” may, in its sole discretion, terminate such Member's account. “Gift Card Bin” will endeavor to notify a Member of “Gift Card Bins” intent to terminate such Member's account by notice to such Member's provided email address at least “RE” days prior to deactivation. If the Member fails to respond to such email notice with 10 days after the day it is sent by “Gift Card Bin”, such Member's account will be terminated as noted above. Therefore, “Gift Card Bin” strongly recommends that all Members keep their accounts and contact data current and in use. While “G & N LLC” desires to prevent active accounts from being terminated prematurely, “Gift Card Bin” has no obligation to maintain accounts that appear to “Gift Card Bin” to have been abandoned. Each Member agrees that failure to access his or her account for 90 days or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.
 
25. Verify Members' Address: “Gift Card Bin” reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from “Gift Card Bin.
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