Terms and Conditions

Last Updated January 10, 2011
1. How the Terms and Conditions Works.
1.1 Introduction. Welcome, and thank you for your interest in CardWoo, LLC (”CardWoo“, “we“, “our”, or “us“), and our website located at www.cardwoo.com (the “Site“). We are pleased to offer you access to this Site and our services for the buying and selling of Gift Cards (as defined below) on the terms contained herein (the “Service“). Please read these terms and conditions carefully as they constitute a binding legal agreement between you and CardWoo and our successors and assigns. By clicking “I agree”, or by accessing OR browsing The SITE, USING OUR SERVICE OR mailing us your merchant gift cards that are redeemable for goods or services (“Gift Cards”) for us to purchase FROM YOU, you acknowledge that you have read, understood, and agree to be bound by the terms in, and linked to, these Terms and Conditions, including the Policies (as defined below), and any future modifications (the “Agreement”). Gift Card transactions conducted by you on or through the Service are governed by this Agreement. Please note in this Agreement, Low Value Gift Cards (“Low Value Gift Cards”) are defined as gift cards having a redeemable value of less than $20 and No Value Gift Cards are defined as gift cards that have zero redeemable value.
1.2 Modification. If we change the Agreement, we shall post a revised version of the Agreement here, which shall automatically replace the terms of this Agreement. Your continued use of the Services following CardWoo’s posting of a revised Agreement will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the Services.
1.3 Additional Policies. When using the Service, you will be subject to any additional policies or rules applicable to specific services and features which may be posted from time to time on the Site or linked to this Agreement (the “Policies“). All such Policies are incorporated by reference into and are part of this Agreement. Please read each Policy carefully. The Policies include:

Privacy Policy This policy relates to our collection, use and disclosure of your personal information.
Buyer Marketplace Policy. This policy contains terms applicable to users who buy Gift Cards through the Service (”Buyers“).
Seller Marketplace Policy. This policy contains terms applicable to users who sell Gift Cards through the Service (”Sellers“).
CardWoo Guarantee Policy. This policy describes certain protections that CardWoo provides to users of our Service.

2. Our Services.
2.1 Gift Cards That We Accept. CardWoo 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 we elect not to accept. Sending Gift Cards to CardWoo does not obligate us to accept ownership of any such Gift Cards. If we return your Gift Cards no shipping and handling fees will be charged. Please note we do not accept VISA, MASTERCARD, AMERICAN EXPRESS OR DISCOVER GIFT CARDS or Gift Cards with expiration dates or fees or depreciate in value or a Gift Card with a redemption value over $1000. If you have any questions about what Gift Cards we accept please call our customer service department at 855-427-4256 or email us at info@cardwoo.com. In order to check the balance, we may be required to reveal the concealed PIN located on the back of the card.
2.2 Access to Services. Subject to your compliance with the Agreement, we grant you permission to access and use the Service as set forth in this Agreement, and consistent with the intended features of the Service.
2.3 Registration. You need not be a registered user to use the Site. However, in order to use certain Services you may need to register for an account. To register for an account, you must provide your current legal name, address, phone number, an active email address, password and a valid payment method. You agree that the information you provide to us on registration and at all other times will be true, accurate, current, and complete.
2.4 Accounts and Passwords. As you will be responsible for all activities that occur under your account password, you should keep your account password confidential. You are solely responsible for maintaining the confidentiality of your account and related password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may never use another user’s account without permission. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
2.5 User Profile. You may control your user profile and how you interact with the Service by changing the settings in your account page. By providing CardWoo 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 account page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
2.6 Service is Subject to Change. We reserve the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that we will not be liable to you for any interruption of the Service, delay or failure to perform.
2.7 Fees and Charges. Certain features of the Service may now or in the future have fees or charges associated with them. By using the Service, you agree to allow us to charge the payment method you have on file with us for any fees you incur while using the Service. Further, you authorize us to charge your selected payment method in connection with processing any purchases you make through the Service.
2.8 CardWoo Payment to You. Subject to the terms of this Agreement, we will process your payment in connection to the sale of your Gift Card as soon as we receive and validate your Gift Card.
2.9 Third Party Fees. You are solely responsible for any and all amounts payable to third parties associated with your use of the Service, including internet service, equipment costs, taxes, and other fees.
2.10 Credit Card Authorization. When you take any action that has a fee associated with it, such as purchasing a Gift Card, we obtain an authorization to charge your payment method for the full amount of the applicable fee. Please contact your financial institution to better understand its policies on such matters.
2.11 CardWoo Guarantee Policy. CardWoo makes certain limited warranties regarding your Gift Card transaction, as described in the CardWoo Guarantee Policy (the “CardWoo Guarantee“) and hereby incorporated by reference. You acknowledge and agree that the CardWoo Guarantee is subject to this Agreement and any additional terms and conditions that may be described on the Service. CardWoo reserves the right to limit or discontinue the CardWoo Guarantee in our sole discretion without notice, including without limitation if we believe that you have engaged in fraud or other unlawful activities or breached the terms of this Agreement . In the event that other provisions of the Service and the terms of this Section conflict, this Section shall govern.
3. Buying and Selling Gift Cards.
3.1. Selling Gift Cards. You hereby represent and warrant and continue to represent and warrant, in connection with any Gift Card you sell to us, the following: i) you are able to form binding contracts and are 18 years old or older; ii) the Gift Card is valid; iii) the Gift Card is redeemable for the amount that you state to us; iv) the Gift Card and any interest therein is fully transferable to CardWoo in the manner contemplated by this Agreement; 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) you will pay all applicable taxes or charges imposed by any government entity in connection with your use of the Services, including sale of your Gift Cards; viii) the information you provide to us at all times will be true, accurate, current, and complete; ix) your sale of Gift Cards to us will fully comply with this Agreement, and all applicable laws, rules and regulations, including, without limitation, any laws, rules and regulations applicable to the sale or transfer of Gift Cards and x) 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. We are not liable for any changes in merchant policies regarding the resale of your Gift Card after we have received the Gift Card and before we have issued payment.
3.2 Requesting the Return of Your Gift Cards Other than No Value Gift Cards or Low Value Gift Cards. IF YOU CHANGE YOUR MIND ABOUT SELLING YOUR GIFT CARDS YOU MUST NOTIFY US EITHER BY EMAIL OR BY PHONE WITHIN 14 DAYS OF THE DATE ON YOUR CHECK. If you do not contact us pursuant to the terms of this Agreement to request the return of your Gift Cards within 14 days of the date on the check we mailed to you or you cash the check prior to expiration of such 14-day return period (the “14-Day Return Period”) our offer will be deemed accepted and we will own your Gift Cards. YOU MUST RETURN THE CHECK AND WE MUST RECEIVE THE CHECK BEFORE WE WILL RETURN YOUR GIFT CARDS. This 14-Day Return Period cannot be altered for any reason. We will not be responsible for any loss or damages of any kind if you do not contact us within this 14-Day Return Period for return of your Gift Cards. You must return your check to us within 14 days of the date upon which you notified us that you were rejecting our offer. If we do not receive your check within this period of time, your Gift Card will be processed and we will no longer be able to return it to you. Upon our receipt of your check within 14 days, we will in our sole discretion either (i) return your original Gift Card or (ii) send you a Gift Card from the same merchant with at least the same redemption value as on the Gift Card you are requesting returned. All Gift Cards will be shipped back to you via UPS with Delivery Confirmation. Your Gift Cards will be insured for no more than the amount we offer you for your Gift Cards (regardless of what you insure the Gift Cards for when you mail it to us), unless you notify us by phone or by email that you agree to pay for the additional insurance you request and remit payment to us prior to shipment. PLEASE NOTE THAT INSURANCE COVERAGE TERMINATES ONCE THE PACKAGE RECEIVES A VERIFIED DELIVERY SCAN AT ITS DESTINATION, OR FOR SHIPMENTS TO A P.O. BOX, UPON A VERIFIED DELIVERY SCAN AT THE POSTAL FACILITY WHERE THE P.O. BOX IS LOCATED. Please note that if you have not notified us of your address change prior to our shipment of your return, you will have to pay any additional shipping charges if your Gift Cards are returned to us as non-deliverable by the shipper.
Buying Gift Cards and E-Delivery Gift Cards. Subject to the terms of the Buyer Marketplace Policies, the Service may allow you to buy Gift Cards and E-Delivery Gift Cards. You acknowledge and agree that you must pay for such Gift Cards with a valid credit card (that you are authorized to use) or by other methods as the Service may allow at the time of purchase. Please note that E-Delivery Gift Cards may be used for online purchases only. E-Delivery Gift Card transactions are subject to verification prior to processing. E-Delivery Gift Card Transactions will be processed within 1 business day after verification of the transaction. Subject to the terms of the CardWoo Guarantee, all purchases are final.
3.4 Returning a Gift Card. If you return a Gift Card you purchase through the Service pursuant to the terms of the CardWoo Guarantee, you represent and warrant and continue to represent and warrant the following: i) the Gift Card is in the same condition in which it was received; ii) the Gift Card has not been used since the original purchase date; iii) the Gift Card is and shall be valid; iv) the Gift Card is still redeemable for the amount of credit on the Gift Card as when you purchased it through the Service; v) the Gift Card and any interest therein is fully transferable to CardWoo in the manner contemplated by this Agreement; 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 return of the Gift Card, including, without limitation shipping instructions, required by the Service.
3.5 Requesting Return of Low Value Gift Cards or No Value Gift Cards. Should you want your Low Value Gift Cards or No Value Gift Cards returned, please contact our customer service representatives within 14 days of the date of the letter advising you that your Gift Cards were Low Value or No Value. After 14 days we will dispose of the Low Value or No Value cards and they will no longer be available for return. Please note that there is a Shipping and Handling fee of $6.00 which must be received by CardWoo before your Low Value Gift Cards or No Value Gift Cards are returned. Please contact our customer service representatives for assistance with returns.
4. Shipping and Insurance.
4.1 Gift Cards Lost When You Initially Ship Your Gift Cards to Us utilizing a CardWoo Shipping Label or a Woo Pack. Subject to any limitation or restriction in this Agreement, if you ship your Gift Cards to us, and your Gift Cards are lost in the mail, we will compensate you for the loss of the current redemption value of your Gift Cards up to $100 per package, provided that you properly pack and ship your Gift Cards to us in accordance with the terms of this Agreement and the instructions provided for your CardWoo Shipping Label or in your CardWoo Gift Card Return Pack. If you believe the total value of your Gift Cards that you are shipping to us have a redemption value of in excess of $100 and would like more insurance, you must obtain the applicable shipping label, packaging and ALL necessary insurance directly from USPS or another third party shipper. By using the bar coded number on your CardWoo Gift Card Return Pack or CardWoo Shipping Label, if you deliver you pack to your postal facility, you can go to www.usps.com and print a receipt confirming delivery of your pack to your USPS facility. If you choose to place your package in your mailbox, you can still use the bar coded number on the Pack or Shipping Label, and go to www.usps.com and print a receipt confirming delivery of your pack to our US Postal Facility. Please contact us at 855-427-4256 should you have any questions.PLEASE NOTE THAT GIFT CARD RETURN PACKS SHIPPED USING DELIVERY CONFIRMATION ARE NOT COVERED BY INSURANCE UNLESS USPS CAN CONFIRM RECEIPT OF THE PACK, THROUGH A VERIFIED DELIVERY SCAN, AT OUR USPS POSTAL FACILITY IN POMPANO BEACH, FLORIDA. In addition, in order to submit an insurance claim for lost Gift Cards, you must have documentation to prove their current redemption value and submit that documentation with your claim information, such as the Gift Card sale receipt from the issuing merchant and unique card number for each of the Gift Cards.
4.2 Gift Cards Lost When We Return Them Back to You Other than Low Value or No Value Cards. When we return your Gift Cards to you, your Gift Cards will be insured for no more than (i) the purchase price we offered you up to $100 per package (regardless of the amount you insure the Gift Cards for when you mail it to us) or (ii) the redemption value of Gift Cards we return to you up to $100 per package in the event that we do not offer to purchase such Gift Cards (regardless of the amount you insure the Gift Cards for when you mailed them to us), unless you notify us by phone or by email that you agree to pay for the additional insurance you request and remit payment to us prior to shipment. Gift Cards with a zero balance are not covered by insurance. PLEASE NOTE THAT INSURANCE COVERAGE TERMINATES ONCE THE PACKAGE RECEIVES A VERIFIED DELIVERY SCAN AT ITS DESTINATION OR, FOR SHIPMENTS TO A P.O. BOX, UPON A VERIFIED DELIVERY SCAN AT THE POSTAL FACILITY WHERE THE P.O. BOX IS LOCATED.
4.3 Insurance Claims Process. If you wish to submit a claim to us for lost Gift Cards, you must immediately contact us at info@cardwoo.com or 855-427-4256 and request a claim form. You must fully complete the form, sign the form and mail it to us at CardWoo, LLC, 2800 Gateway Drive, Pompano Beach, Florida 33069 within 60 days from the date you received notice that your Gift Cards were lost. You must include all supporting documents with the completed, signed form. Failure to properly complete, sign and/or mail the form, submit the claim form within 60 days from the date you received notice that your Gift Cards were lost, or provide sufficient proof that the Gift Cards were mailed to us will result in our denying your claim. PLEASE NOTE THAT GIFT CARD RETURN PACKS SHIPPED USING DELIVERY CONFIRMATION ARE NOT COVERED BY INSURANCE UNLESS USPS CAN CONFIRM RECEIPT OF THE PACK, THROUGH A VERIFIED DELIVERY SCAN, AT OUR USPS POSTAL FACILITY IN POMPANO BEACH, FLORIDA. It may take up to 30 days from the time we receive your claim form to the time the claim is processed. CardWoo reserves the right to limit or discontinue the insurance in our sole discretion if we believe that you have engaged in fraud or other unlawful activities. PLEASE NOTE THAT INSURANCE COVERAGE TERMINATES ONCE THE PACKAGE RECEIVES A VERIFIED DELIVERY SCAN AT ITS DESTINATION OR, FOR SHIPMENTS TO A P.O. BOX, UPON A VERIFIED DELIVERY SCAN AT THE POSTAL FACILITY WHERE THE P.O. BOX IS LOCATED.
4.5 Insurance on Return of Low Value Gift Cards or No Value Gift Cards. There is no insurance on Return shipments of Low Value Gift Cards and No Value Gift Cards. Please contact our customer service representatives for assistance with purchase of insurance for returns.
5. Your Relationship With Us.
5.1 Permission. As a Buyer, you grant CardWoo permission to charge your credit card for the purchase of Gift Cards. As a Seller, you grant CardWoo permission to charge your credit card you provided us if you, at any time, fail to deliver the Gift Cards you’ve listed or deliver invalid, fraudulent, counterfeit, or misrepresented Gift Cards. These charges may include, but are not limited to, the cost of replacement Gift Cards, reprinting fees, shipping and handling charges, refunds to a purchaser of your Gift Card, and other charges we incur to satisfy such purchaser under the terms of our CardWoo Guarantee.
5.2 Grant of License. Certain features of our Service enables you to provide us with certain information in written and other data formats, but not limited to when you set up your profile, post comments, or submit other materials (”User Content”). By providing us User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, royalty-free, fully paid up license, with right to grant and authorize sublicenses, under all applicable copyright, trademark, publicity, and other proprietary rights you may have in the User Content, to exploit the User Content without restriction, in any media known now or later developed or discovered. You agree that we have no obligation to publish any such User Content, and may in our sole discretion remove any User Content (including any listing that we have reason to believe may be fraudulent, misleading, improper, or otherwise in violation of this Agreement). You further agree that, subject to our Privacy Policy, we are permitted to use your name, user ID, likeness, home city, and other ancillary information in conjunction with our marketing, promotion and publicity efforts in any media known now or in the future. You hereby represent and warrant that you own or have sufficient rights in the User Content to grant CardWoo the foregoing rights.
5.3 Your Input. We encourage you to provide us with comments, bug reports, modifications and suggestions (”Input“). In return, we shall have the right to use such Input in our discretion, including but not limited to the incorporation of such suggested changes into the Service and the right to assign, license or otherwise use the Service. You hereby grant us a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Input for any purpose.
5.4 Privacy. We use your information as described in the Privacy Policy. If you object to your information being transferred or used in this way please do not use our Services.
6. Prohibited Conduct.
6.1 Restrictions. By using our Service you agree not to:

copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
use any automated system, including without limitation “robots,” “spiders,” or “offline readers,” to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; provided however we grant the operators of public search engines revocable permission to use spiders to copy materials from our Site 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;
transmit spam, chain letters, or other unsolicited email;
attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
upload invalid data, viruses, worms, or other software agents through the Service;
collect or harvest any personally identifiable information, including account names, from the Service;
use the Service for any commercial solicitation purposes;
impersonate another person or otherwise misrepresent your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
interfere with the proper working of the Service;
access any content on the Service through any technology or means other than those provided or authorized by the Service;
bypass 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; and
use the Service for any illegal, unethical, or objectionable purpose as determined by us in its our discretion.

6.2 Termination of Service. We may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you will continue to be bound by this Agreement.
7. Your Responsibilities.
7.1 Compliance with the Law and Site Policies. You agree that your use of Service will fully comply with this Agreement, including without limitation all Policies, and all applicable laws, rules and regulations, including, without limitation, any laws, rules and regulations applicable to the sale or transfer of Gift Cards. The other provisions of this Agreement shall not limit the generality of this Section 7.1.
7.2 Invalid or Fraudulent 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 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 replacement Gift Card(s), reprinting fees, rerouting charges, and refunds to the purchaser of such Gift Card.
7.3 Stolen Property. The sale of stolen property through our Services is strictly forbidden and violates the law. We support law enforcement efforts to recover stolen property that is listed on through our Service, and urge the prosecution of those responsible for knowingly attempting to sell such items through our Service. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or government entities.
7.4 Interaction with Other Users. You are solely responsible for your interaction with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. If you have a dispute with one or more users, you irrevocably and forever release CardWoo (and CardWoo’s officers, directors, agents, affiliates, members, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH I KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

8. Consequences.

8.1 Investigations. We may investigate complaints and violations of our Policies. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding your right to a Gift Card, the source of a Gift Card, your acquisition of a Gift Card, and the price you paid for a Gift Card.
8.2 Violations, Termination and Suspension. We may take any action that we deem appropriate in our sole discretion (including without limitation issuing a warning, suspending or terminating service or denying access) if: (a) you breach this Agreement or any document or policy it incorporates by reference; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation; (c) we are unable to verify or authenticate any information you provide; or (d) we believe your conduct may cause legal liability for you, for other users, or for us. You agree that payments owing to you for sales made through this Site may be suspended or delayed pending our investigation. We are not obligated to pay you for any sales if we believe such sales were unlawful or otherwise made in violation of this Agreement.

8.3 Disclosure of Information. You agree that we may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties.
8.4 Making Adjustments. You authorize us to withhold payments or charge your credit card account any amount you owe us if (a) a sale is cancelled for any reason, other than pursuant to the Seller Marketplace Policy; (b) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; (c) you deliver incorrect or misrepresented gift cards for any order or portion of an order, or (e) you otherwise owe us a specific amount.
9. We Own the Intellectual Property Rights to Our Site and Service.
9.1 Ownership of Intellectual Property. You acknowledge and agree that (i) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, “Intellectual Property”) are and shall remain our sole property, and (ii) nothing in this agreement shall confer in you any right of ownership or license rights in our Intellectual Property. In addition, you shall not now or in the future contest the validity of our Intellectual Property.
9.2 Copyright. Copyright (c) 2010, CardWoo, LLC. The software and the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of CardWoo or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of CardWoo and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.
10. Copyright Infringement.

If you believe that any material on the Site infringes your copyright and you want such material removed from the Site, please send a detailed message to:

Web Master

CardWoo, LLC

2800 Gateway Drive

Pompano Beach, Florida 33069

855-427-4256

info@cardwoo.com

Under the Digital Millennium Copyright Act, the following information must be included in the message to us:

(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

(iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
11. Linking.

11.1 External Links. 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 CardWoo. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and CardWoo’s Privacy Policy do not apply to your use of such sites. You expressly relieve CardWoo from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that CardWoo shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

11.2 Links to the Site. In general, you are free to establish links to the Site so long as the link does not cause any confusion or imply affiliation with, or sponsorship by, us.
12. No Warranty; Limitation of Liability; Indemnity.
12.1 No Warranty. OTHER THAN THOSE WARRANITES EXPRESSLY SET FORTH IN THIS AGREEMENT, ALL SERVICES, MATERIALS ON THE SITE OR ITEMS PROVIDED THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. SUBJECT TO THE EXPRESS TERMS OF THIS AGREEMENT, YOU AGREE THAT YOUR USE OF THIS SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE AND YOUR USE OF IT AND OUR SERVICES.

OTHER THEN THOSE WARRANITES EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED ON THEM, (B) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE AND/OR (C) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY A THIRD PARTY.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU LIVE IN ONE OF THESE JURISDICTIONS, LIMITATIONS OR EXCLUSIONS CONTAINED HEREIN MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CARDWOO OR THROUGH THE SERVICES, SITE OR CONTENT ON THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
12.2. Limited Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION YOUR INSURANCE CARRIER) FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF THIS SITE, OUR SERVICES OR THE SITE CONTENTS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, OUR LIABILITY TO YOU WITH RESPECT TO ANY LOSS OR DAMAGE SUFFERED BY YOU OR BY ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR PERFORMANCE OF ANY OF OUR SERVICES, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE LESSER OF ONE HUNDRED ($100) US DOLLARS OR THE TOTAL FACE AMOUNT OF THE GIFT CARDS YOU BOUGHT OR SOLD THROUGH OUR SERVICE DIRECTLY LEADING TO THE ACTION ALLEGEDLY GIVING RISE TO LIABILITY. CardWoo shall not be liable for any subrogation claim brought by your insurance carrier, and, by submitting your Gift Cards to CardWoo, you expressly and specifically waives any such subrogation claim on your behalf as well as on the behalf of your insurance carrier.
12.3 Indemnity. You agree that you are responsible for your behavior in connection with the Site. We shall not be liable for claims made against you or us arising out of your use of the Service or by any 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 any 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 the rights of a third party.
12.4 Allocation of Risk. You acknowledge and agree that the disclaimers and limitations of liability contained herein represent bargained for allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.
13. General.
13.1 Survival. Even after your use of this Site or Service has ended, this Agreement shall remain in effect.
13.2 Limitation on the Time to File Actions. To the extent permitted by law and subject to Section 5.3 and the other terms of this Agreement, you agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of this Site or any Services we offer no later than one year after the claim or cause of action arose, otherwise these claims will be forever barred.

13.3 Choice of Law, Florida Jurisdiction, Forum and Venue. You and we agree that any disputes between us shall be resolved under the substantive law of the state of Florida (exclusive of its choice of law provisions). The Convention for the International Sale of Goods shall not apply. You agree that our Services shall be deemed solely based in the State of Florida and our Services do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Florida. You and we agree to submit all disputes between us to the exclusive jurisdiction of the state and federal courts located in Fort Lauderdale, Florida. Each party shall reimburse the other party for any and all costs incurred by the party in defending such foregoing civil action filed or attempted to be filed by the other party in any jurisdiction outside of Fort Lauderdale, Florida, including but not limited to attorney’s fees, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you.
13.4 Entire Agreement. This is the entire agreement between you and CardWoo relating to the subject matter herein and will not be modified except in writing, signed by both parties, and in the case of CardWoo by an executive officer of CardWoo, or by a change to the Agreement made by CardWoo as set forth in Section 1.2 above.

13.5 Independent Contractors. Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and you.

13.6 No Third Party Beneficiaries. This Agreement is between you and us. There are no third party beneficiaries to this Agreement.

13.7 Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

13.8 Non-Waiver. Failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

13.9 Severability. The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this Agreement is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.

13.10 Electronic Communications. When you visit our Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by e-mail or by posting notices on our Site. You agree that all agreements, notices, disclosures and other communications that we provides to you electronically satisfy any legal requirement that such communications be in writing.

13.11. Assignment. You may not assign your rights under this Agreement to any third party; we may assign its rights under this Agreement without condition.
Terms and Conditions of our Referral Program