Terms of Service

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

The services offered at www.icardgiftcard.com ("iCARD Gift Card" or "Site"), and any subdomains, are provided to you under the terms and conditions of this iCARD Gift Card LLC Terms of Service ("Terms of Service"), and any operating rules or policies that may be published by iCARD Gift Card at the URL: www.icardgiftcard.com (the "Service"). The Terms of Service comprises the entire agreement between you and iCARD Gift Card LLC and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING ICARD GIFT CARD, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use iCARD Gift Card as long as you adhere to these Terms of Service.

2. SERVICES VOID WHERE PROHIBITED

Use of the Services is void where prohibited. By using this Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.

3. REGISTRATION

In order to use our service, you must register with iCARD Gift Card. To register, you must supply a valid email address, which will be used as a unique identifier for your account, a password, and a cell phone (optional). Please click here to review our privacy policy.
Please click here to review our privacy policy.

4. DESCRIPTION OF SERVICE

iCARD Gift Cards are received as part of a corporate-funded incentive or promotional program. They are purchased by a company, and emailed to a recipient list provided by the company. iCARD Gift Card does not sell to consumers. Depending on your award type, you are able to redeem your iCARD Gift Card for top brand downloadable eGift Cards, a Visa Reward Card, or an eWallet that lets your transfer funds to a global bank account among other options. Our services and currently available eGift Cards are listed on the iCARD Gift Card Web site (the "site").

The following are some specific terms and conditions regarding Gift Cards.

1. REDEMPTION

   An iCARD Gift Card code may be distributed as a link in an email or printed on a paper certificate. In either case, it cannot be used directly with a merchant, and must be redeemed online within 90 days from the date it was issued.

2. EXPIRATION

   iCARD Gift Card codes expire in 90 days, after which they are no longer valid and your interest in the funds are forfeited.
   
   However, once you have redeemed your iCARD Gift Card code for a merchant eGift Card the specific merchant's expiration rules will apply. In general, merchant gift cards do not expire. If you have redeemed for a Visa Reward Card, those cards have a 12-month expiration after which the funds also expire. eWallet accounts are subject to closure if inactive for 2 years, and the balance may be sent to your primary address or escheated as required. Please be sure to review the specific terms and conditions of your card or account as they are subject to change without notice.

3. AWARD OPTIONS

   iCARD Gift Card reserves the right to make changes to award options including its list of available eGift Cards at any time, without notice to you, and does not guarantee that a specific option will be available at all times. Once a code is redeemed, iCARD Gift Card is not responsible or liable for any restrictions, term and/or conditions placed by a merchant or third party on that merchant's eGift Card or service. Please contact the merchant or service provider directly for any questions. iCARD Gift Card is not responsible for loss as a result of a merchant or service provider that goes out of business or changes their location.

4. TERMS OF REDEMPTIONS

   All redemptions are final. Redemptions cannot be exchanged. iCARD Gift Cards are only redeemable through the iCARD Gift Card Web site and cannot be returned, redeemed directly with merchants or redeemed for cash, unless required by law. iCARD Gift Card may require additional verification before delivering its products or services, and if iCARD Gift Card is unable to obtain any requested additional verification, either in scope or in time, then iCARD Gift Card may, in its sole discretion, cancel a redemption.

5. DELIVERY

   After a an iCARD Gift Card code is redeemed, product or services may be delivered in one of the following ways:

   • eGift Card --eGift Cards are sent as downloadable links to the recipient’s email address. Links are emailed promptly after redemption, and subject to available inventory, may be downloaded for immediate use with the merchant. eGift Card links are sent from services@icardgiftcard.com. You are responsible for whitelisting this address to ensure receipt of your link.
   • eWallet –Links to set up an eWallet are generally delivered within 3 – 5 business days. eWallet links will come from xtrmusa@xtrmemail.com. You are responsible for whitelisting this address to ensure receipt of your link.
   • Visa Reward Card --Visa Reward Cards delivered by USPS mail are processed in 3 – 5 business days, and typically received within 2 weeks. Cards not received timely by recipients may be cancelled and replaced at no additional charge.

6. NON-RECEIPT OF A REDEMPTION

   A valid email address and or physical address is required for delivery of iCARD Gift Card’s products or services. iCARD Gift Card is not responsible for redemptions not received due invalid or incomplete address, loss, theft, misdirected mail, spam filters, or customer negligence. You have thirty (30) days to report a redemption as not received. Redemptions reported as not received will be investigated and iCARD Gift Card may replace the order in its sole discretion.
7. IN ADDITION TO THE DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE, YOU EXPRESSLY AGREE THAT THE REDEMPTION OF ANY GIFT CARD OR PRODUCT OR SERVICE THROUGH THE ICARD GIFT CARD SERVICE IS AT YOUR SOLE RISK AND SUBJECT TO THE TERMS AND CONDITIONS POSTED BY ICARD GIFT CARD FROM TIME TO TIME AND MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS IMPOSED BY ANY MERCHANT FOR WHOM YOU HAVE REDEEMED. ICARD GIFT CARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH REGARD TO ANY GIFT CARD AND/OR PRODUCT AND/OR SERVICE OFFERED BY ANY MERCHANT ON THE SITE.

5. NOTICES

iCARD Gift Card may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to iCARD Gift Card in writing via email or as otherwise expressly provided by iCARD Gift Card. iCARD Gift Card may broadcast, distribute or display notices or messages through the iCARD Gift Card Service to inform you of changes to the TERMS OF SERVICE, the Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.

6. PRIVACY POLICY

It is iCARD Gift Card's policy to respect the privacy of its users. iCARD Gift Card's policies with regard to Personally Identifiable Information it collects from you, what information third parties affiliated with iCARD Gift Card collect from you and how that information is used is governed by the iCARD Gift Card Privacy Policy.

7. SECURITY

You are solely responsible for maintaining the confidentiality of your password and account, and for any and all activities that occur under your account. You may change your password or any other account information at any time by going to your My Account page once you have logged in. You may also set up a new account at your convenience. You agree to notify iCARD Gift Card immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform iCARD Gift Card of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a user account or password. Until iCARD Gift Card is notified of a breach in security, you will remain liable for any unauthorized use of the iCARD Gift Card Service through your account. In consideration for using the Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or in your My Account is inaccurate, iCARD Gift Card reserves the right to terminate your account immediately and your right to use the iCARD Gift Card Service

8. ABUSE OF THE SERVICE

Your right to use the iCARD Gift Card Service is personal to you. You may not create bots or other computer generated automatic tools to abuse the iCARD Gift Card Service in any manner. Use that constitutes abuse shall be determined by iCARD Gift Card in its sole discretion. iCARD Gift Card reserves the right to terminate your account if iCARD Gift Card determines you have not complied with these Terms of Service.

9. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS

iCARD Gift Card shall not be liable for your interactions with any merchants, service providers, retailers and/or individuals found on or through the iCARD Gift Card Service. This includes, but is not limited to, payment and delivery of goods and services, transfer of funds, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such merchants, service providers, retailers and/or individuals. iCARD Gift Card is under no obligation to become involved in disputes between participants on the iCARD Gift Card Service and any third party.

10. SECURITY

Any web sites that are accessible via links included within the iCARD Gift Card Service that take you out of the iCARD Gift Card Service are not under iCARD Gift Card's control and iCARD Gift Card shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any web site you visit.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE ICARD GIFT CARD SERVICE IS AT YOUR SOLE RISK. THE ICARD GIFT CARD SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ICARD GIFT CARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ICARD GIFT CARD MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ICARD GIFT CARD MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ICARD GIFT CARD DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO ICARD GIFT CARD FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. ICARD GIFT CARD ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE ICARD GIFT CARD SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE ICARD GIFT CARD SERVICE. ICARD GIFT CARD MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ICARD GIFT CARD OR THROUGH THE ICARD GIFT CARD SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE ICARD GIFT CARD FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS ICARD GIFT CARD, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND/OR DAMAGES IN ANY WAY CONNECTED WITH ANY PRODUCTS AND/OR SERVICES PURCHASED AND/OR REDEEMED BY WAY OF USING THE ICARD GIFT CARD WEBSITE. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS. IN ADDITION, ICARD GIFT CARD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ICARD GIFT CARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH ICARD GIFT CARD OR A THIRD PARTY THROUGH THE USE OF THE ICARD GIFT CARD SERVICE; (IV) OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT ICARD GIFT CARD IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE ICARD GIFT CARD SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.

13. GENERAL PROVISIONS

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of Florida, provided, however, that iCARD Gift Card, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to these Terms of Service through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Fort Lauderdale, Florida, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. iCARD Gift Card's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by iCARD Gift Card in writing. User and iCARD Gift Card agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.

14. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE

iCARD Gift Card reserves the right to modify or discontinue the iCARD Gift Card Service with or without notice to you. iCARD Gift Card shall not be liable to you if iCARD Gift Card modifies or discontinues its Service. iCARD Gift Card may change the terms and conditions of the Terms of Service at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of these Terms of Service, iCARD Gift Card may notify you via email, and/or by posting an announcement of the changes together with a link to the new Terms of Service on the iCARD Gift Card Service. By using the iCARD Gift Card Service after any change in the Terms of Service you acknowledge and accept changes to the Terms of Service.

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