Gift Card Cat Terms of Use

The use of our mobile applications or website constitutes acceptance of our Terms of Use. Gift Card Cat is not responsible for any amount lost resulting from either lost or stolen gift cards, or the use of your Gift Card Cat account or mobile wallet without your permission. Gift cards cannot be resold. All gift cards purchased on the Gift Card Cat platform are backed by our 7 Day Money-Back Guarantee.

7 Day Gift Card Money-Back Guarantee

We want you to love your rewards. Whether you’re buying discounted gift cards or earning Gift Card Cash Back for face value gift cards, it's our goal to ensure you have a positive experience on Gift Card Cat. With this in mind, every order is backed by the following 7 Day Money-Back Guarantee.

For 7 days from your original date of purchase, we cover:

● Gift Card information is not viewed

● Gift Cards that are not active

● Gift Cards with an inaccurate balance

● Gift Cards delivered as a different brand than ordered on Gift Card Cat

Our 7 Day Money-Back Guarantee does not cover:

● Requests received outside of 7 days

● Buyer’s remorse or change of mind

● Misinterpretation of gift cards delivery method or timing of delivery

● Misinterpretation of how a particular gift card is redeemed or any other redemption requirements or limitations

● Neglecting to apply a promotional code or any discount card before a purchase

● Gift Cards lost or misplaced by the buyer

● Gift Cards merged onto external merchant apps or accounts against Gift Card Cat Terms of Use - which could result in loss of card value

● Gift Cards that are subsequently resold on any platform other than Gift Card Cat or given to someone other than the original purchaser (other than gift cards sent through Gift Card Cat)

● Cards you have purchased on Gift Card Cat at the request of a third party and which cards you then share or provide to a third party

● Gift Cards not received due to incorrect shipping or delivery information

● Gift Cards that are no longer honored when a retailer goes out of business or files for bankruptcy

● Gift Cards for which a merchant has changed its redemption policies and/or procedures, provided the gift cards can still be redeemed at the merchant

● Gift Cards that have expired pursuant to a particular merchant’s gift card terms

The 7 Day Money-Back Guarantee covers the purchase price of the gift cards, not any savings, discount, or Gift Card Cash Back the buyer received at the time of purchase.If you have any questions or would like to request a refund for your order under the 7 Day Money-Back Guarantee, please contact Gift Card Cat customer services at service@giftcardcat.com.

Terms

PLEASE NOTE: SECTION 17 OF THESE TERMS OF USE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH Gift Card Cat ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS AS A MEMBER OF Gift Card Cat, AS WELL AS REMEDIES AND RECOURSE (INCLUDING THOSE IN SECTION 6)Gift Card Cat MAY TAKE IN CONJUNCTION WITH YOUR USE OF OUR SITE AND SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

Last Updated: November 13, 2023.

Welcome to giftcardcat.com and our associated mobile applications (collectively, the "Site" or "Gift Card Cat"), an online marketplace for gift cards run by EGIFTCARD LLC. ("we", "our", "us" or "Gift Card Cat"). Gift Card Cat allows you ("user", "consumer", "Member", "guest", or "you") to store, redeem, and purchase gift cards.

By clicking "I agree" on Gift Card Cat or otherwise using Gift Card Cat, you agree and acknowledge that you have fully read and consented to be bound by these Terms of Use (the "Terms of Use"). These Terms of Use are a binding agreement and apply to you and all registered Members, guests, or other persons who access, browse and/or otherwise utilize Gift Card Cat to buy or sell any Gift Cards or use any of the services available on Gift Card Cat. These Terms of Use set forth your rights and responsibilities when you use Gift Card Cat, so please read them closely. If you do not agree to these Terms of Use, you may not access or use Gift Card Cat or any of the services provided on Gift Card Cat.

1. Modification of Terms of Use

We reserve the right at all times to update, modify or discontinue any part of these Terms of Use as we deem necessary or desirable, in our sole discretion. If we make changes to the Terms of Use, we will notify you by posting notice of the changes to the Terms of Use on Gift Card Cat. Any changes to these Terms of Use will be effective upon the earlier dispatch of an e-mail or other notice to you informing you of changes to these Terms of Use or our posting of notice of the changes on Gift Card Cat. We suggest that you revisit our Terms of Use page on Gift Card Cat from time to time to ensure that you stay informed of any changes to our Terms of Use. Your use of Gift Card Cat after we update the Terms of Use and post it on Gift Card Cat will constitute your acceptance of the modified Terms of Use.

2. Registering, Eligibility and Member Account

There are no fees to join Gift Card Cat, use many of the features on Gift Card Cat, or to act as a buyer of Gift Cards on Gift Card Cat. However, sellers of Gift Cards on Gift Card Cat may be charged sales commissions or listing fees as described in Section 3(g) of these Terms of Use, and may be charged Sale Price Reversals, Commission Recoveries and Card Refund Fees described in Section 6(d) of these Terms of Use. You can join Gift Card Cat by registering and setting up a Member Account on Gift Card Cat or via our mobile applications ("Member Account"). Use of Gift Card Cat is intended solely for Members who are 13 years of age or older. If you are under the age of 13, you are not permitted to become a Member of Gift Card Cat or establish a Member Account or use Gift Card Cat. In addition, if you are between the ages of 13 and 17, you may only set up a Member Account and/or use Gift Card Cat under the supervision of a parent or legal guardian who registers a Member Account on Gift Card Cat for you and hereby agrees to be bound by these Terms of Use with respect to your use of Gift Card Cat. If you serve as a parent/guardian of a minor between the ages of 13 and 17, who seeks to become a Member of Gift Card Cat and who you have helped set up a Member Account, you represent and warrant that: (i) you are a custodial parent or duly appointed legal guardian of the minor for whom you have established a Member Account; (ii) the minor is between the ages of 13 and 17; (iii) that all information you have provided in the Member Account establishment process is true and correct; (iv) that the minor you have registered has your authority to use the payment method for which you have entered on Gift Card Cat for the minor's Member Account and (v) you agree to take full legal responsibility for all activity conducted in the minor's Member Account and to be financially responsible for all such activity. If you are under the age of 18, you cannot sell a Gift Card on the Site, even if you have been set up by a parent or guardian to use the other features of Gift Card Cat.

We permit limited access to Gift Card Cat and services available on Gift Card Cat to guests and visitors who have not registered a Member Account. In order to access all of the benefits of Gift Card Cat, including the ability to buy and sell Gift Cards, you must set up a Member Account. You may only set up one Member Account on the Site. Furthermore, you must fully comply with the following requirements: (i) provide complete, current and accurate information at the time of registration, (ii) update all relevant Account information to keep it current and accurate (iii) provide and maintain a valid and current credit card on file at all times if you sell Gift Cards on Gift Card Cat, (iv) select a security code for your Member Account that is not easy to guess or hack, and (v) maintain the security and confidentiality of your Member Account, including any access or use of security codes associated with your Member Account, so as to minimize the risk of unauthorized access of your Member Account. Finally, you agree to inform Gift Card Cat immediately if you suspect that your Member Account at Gift Card Cat has been hacked or subject to any unauthorized access or use. You agree that Gift Card Cat may verify your information through whatever lawful means it deems reasonable and appropriate, to request additional information to confirm your identity and to deny you access to Gift Card Cat if it determines any information provided is suspect, not accurate or cannot be confirmed.

We reserve the right to interrupt your service, your access to your Member Account, and/or your access to Gift Card Cat or any services or Gift Cards offered on Gift Card Cat, with or without prior notice, for any reason, at our sole and absolute discretion. In the event, your Member Account or access to it is interrupted or terminated for any reason, whether intentionally or unintentionally, we will not be liable for any losses due in whole or in part by such interruption or termination of your Member Account or your access to Gift Card Cat.

3. Promotional Gift Card Cash Back Program

Gift Card Cash Back is a promotional reward program offered by Gift Card Cat to its Members. Gift Card Cat may offer a variety of Gift Card Cash Back promotional points and reward points (collectively, " Gift Card Cash Back") pursuant to various programs ("Gift Card Cash Back") in connection with the Site. The Gift Card Cat Terms & Conditions available at https://www.giftcardcat.com/terms/giftcardterms govern your participation in any and all Gift Card Cash Back Programs. By participating in any of the Gift Card Cash Back Programs, including earning and redeeming any Gift Card Cash Back offered under any of the Programs, you agree to the Gift Card Cat Terms & Conditions, which terms are incorporated herein by reference.

4. Use of Gift Card Cat to Purchase, Redeem and Manage Your Gift Cards

(a) Managing and Using Your Gift Cards on Gift Card Cat, Gift Card Terms & Conditions, and Your Responsibility Related to Gift Cards Stored, Used, or Managed on Gift Card Cat. Gift Card Cat allows you to more effectively buy, sell, gift, store, redeem, and manage your Gift Cards. In addition to Gift Cards purchased on Gift Card Cat, Gift Card Cat provides you the functionality to store, redeem, and manage your other Gift Cards not purchased on Gift Card Cat within the Gift Card Cat mobile wallet for in-store and online redemption. Gift Card Cat provides this e-wallet storage and redemption feature for your convenience of use and you agree that when you add any other Gift Card into the Gift Card Cat mobile wallet (or your web account) not acquired on Gift Card Cat, that Gift Card Cat is not responsible or liable for any of those Gift Cards. Gift Card Cat is not responsible for any loss or damage resulting from the loss of any such Gift Card or the use of your Gift Card Cat user account or Gift Card Cat mobile wallet without your permission (including any Gift Card you have added therein).

Notwithstanding the above, Gift Card Cat does offer Buyers on Gift Card Cat a 7 Day Money-Back Guarantee under the Return Policy, which ceases to apply to a Gift Card if it is resold on any platform other than Gift Card Cat. The 7 Day Money-Back Guarantee may change from time-to-time and, subject to its then current terms, only covers the purchase price of the relevant Gift Card purchased on Gift Card Cat. We do not guarantee any associated savings or discount a Buyer may receive in conjunction with the Gift Card purchased on Gift Card Cat. The 7 Day Money-Back Guarantee only applies to Gift Cards purchased on Gift Card Cat and does not apply to Gift Cards purchased or acquired outside of Gift Card Cat that you have chosen to add to your Gift Card Cat mobile wallet or Member Account.

For certain Retailer Gift Cards on Gift Card Cat, you may be able to transfer Gift Card balances between Gift Cards of the same Retailer. This functionality allows you to transfer Gift Card balances of any Gift Card in your Gift Card Cat mobile wallet, whether that Gift Card was acquired on Gift Card Cat or whether you simply added a Gift Card outside of Gift Card Cat for the purpose of better managing and using your Gift Card. In that circumstance, our 7 Day Money-Back Guarantee may not apply to that Gift Card, as we may no longer be able to identify where the balance came from in the Gift Card you transferred a balance to. Please read our 7 Day Money-Back Guarantee to fully understand how our guarantee applies or does not apply in that particular circumstance. Irrespective of our Guarantee, Gift Card Cat is never responsible for the loss of any Gift Card balance transferred from a Gift Card not purchased on Gift Card Cat, whether in the event of a Gift Card being closed by a Retailer or otherwise.

Gift Cards may be subject to various other terms and conditions related to a particular Retailer or Gift Card, including, without limitation, various limitations as to use of the Gift Card, combination with other offers, redemption and voucher use rules, and whether a Gift Card can be used online, in store or both. These terms and conditions are generally presented with the Gift Card on the Site and you agree specifically to have read and accepted these particular terms and conditions when you agree to purchase the Gift Card in question on Gift Card Cat.

Gift Card Cat is not a party to any transaction that you may enter into with the Retailer as a result of your purchasing a Gift Card on Gift Card Cat. Gift Card Cat is not responsible for the quality of goods or services you acquire from a Retailer or otherwise procure using a Gift Card acquired on Gift Card Cat. If a Retailer were to go out of business or go into bankruptcy prior to your use of all the value on their Gift Card, you understand that your sole and exclusive recourse with respect to the unused value of the Gift Card for that particular Retailer is with the Retailer in question (and not Gift Card Cat) and, as an unsecured-creditor, you may not be able to recoup the value of any unused Gift Card for such a Retailer. The 7 Day Money-Back Guarantee does not apply in the circumstances that a Retailer ceases to honor its Gift Cards due to its going out of business, into bankruptcy or similar circumstances.

(b) General Rules of Conduct on Gift Card Cat. By using Gift Card Cat and setting up a Member Account, you agree to the following rules when visiting or transacting on Gift Card Cat:

● You cannot purchase more than $2,000 worth of face value Gift Cards per 24-hour period.

● You cannot list a Gift Card in excess of $1,000 in face value;

● Electronic Gift Cards must have a minimum face value of $10 and a maximum face value of $500;

● You may not list a Gift Card for more than its face value;

● You may not create more than one Member Account on Gift Card Cat;

● Gift Cards are redeemable wherever valid. Policy details on validity are set by each merchant.

● Gift Card Cat does not control the terms of use for gift cards offered on the site. Each merchant sets its own terms and policies.

● You will not allow your Member Account to have a negative balance;

● Your Member Account is for your own personal use and you are not permitted to have a friend or other person use your Member Account on Gift Card Cat;

● You are responsible for your own tax reporting (if applicable) and payment of any applicable taxes with respect to any Sales Transactions on Gift Card Cat;

● You may not use Gift Card Cat in any manner that is illegal, fraudulent, or otherwise inconsistent with, or in violation of, the Terms of Use or applicable law.

(c) Payment Options & Fees for Buyers.

When you make a purchase on Gift Card Cat, whether on the website or mobile applications, Gift Card Cat accepts various forms of payment, including credit cards, debit cards, and credit provided by us in your Member Account, however it is your responsibility to retain the relevant payment card (if any) for purpose of any refund transaction from Gift Card Cat. By making the purchase on Gift Card Cat, you warrant that you are authorized to use the designated debit or credit card or other payment method and you authorize us to charge your designated credit or debit card or another payment method for any order you place on Gift Card Cat. When you provide your payment information, you authorize us (or a third-party payment processor) to process and store your payment and related information. In the event that the designated credit or debit card or another payment method cannot be verified, is invalid or is otherwise not acceptable to Gift Card Cat, we may (i) suspend or cancel your order automatically, (ii) prohibit you from buying Gift Cards on Gift Card Cat until a valid, verifiable credit/debit card is on file with your Member Account and/or (iii) suspend or terminate your account on Gift Card Cat. Payment card processing fees may apply even if the designated debit or credit card has expired or changed by the time we submit the charges to your card. We are not responsible for any debit card or overdraft fees associated with any order you use a debit card for. You agree to fully cooperate with Gift Card Cat in an effort to resolve any problems we encounter in order to process your requested order on Gift Card Cat.

5. Authorized Use & Termination of Access.

You can use Gift Card Cat only for its intended purposes and solely in accordance with these Terms of Use. Subject to your full compliance with these Terms of Use, Gift Card Cat grants you a limited, nonexclusive, non-sublicensable license to access and use Gift Card Cat solely for the purpose of purchasing or managing Gift Cards or receiving other available services and features on Gift Card Cat. This limited use and access license are revocable at any time by us.

Your Member Account with Gift Card Cat and any access to the products, services, your Gift Card Cash Back, and/or any portion of our Site, including any of our mobile applications, is and shall remain at the sole and absolute discretion of Gift Card Cat. Therefore, we reserve the right to temporarily or permanently terminate, suspend, or refuse to permit your access to any portion of Gift Card Cat (including any of our mobile applications and your Member Account) and any of the services provided on Gift Card Cat for any reason, all at our sole and absolute discretion, with or without notice and without liability to you of any kind. You further agree that you will remain bound to the terms of these Terms of Use at all times during any suspension and after the termination of your Member Account or access to Gift Card Cat, with respect to any purchase or sale transactions, occurrences or acts or omissions on your part prior to or during the suspension, or prior to the termination. We reserve the right to terminate or change any of the services available on Gift Card Cat including any services or programs related to Gift Card Cash Back.

6. Prohibited Activity.

In connection with using or accessing Gift Card Cat (including your Member Account), whether via the website, our mobile applications or otherwise, you agree not to do, and not to facilitate any third party doing, any of the following (each a "Prohibited Activity"):

(a) Modify, alter or otherwise make any derivative uses of the Gift Card Cat content, trademarks, technology platform or its underlying software, or any portion thereof;

(b) Copy, reverse engineer, decompile, disassemble or attempt to discover the source code of the Gift Card Cat technology platform or its underlying software;

(c) Use any automated or non-automated means of data gathering, data mining or extraction methods on or in connection with Gift Card Cat, including any use of "robots", "scrapers", "spiders", "readers" or similar devices;

(d) Infringe upon or violate the rights of Gift Card Cat, its users, third parties or Retailers;

(e) Download, copy or imitate any portion of the Gift Card Cat technology platform, its underlying software, and content, or its user interface, or the Site, except as expressly permitted by Gift Card Cat;

(f) Use Gift Card Cat in any way that could damage, disable, overburden, place excessive demand on or impair our Site, mobile applications or any services we offer via Gift Card Cat;

(g) Attempt to gain unauthorized access to (i) any Member's personal information, personal profile, e-wallet or Member Account or (ii) Gift Card Cat and its mobile applications, including but not limited to any Gift Card Cat accounts, computer systems and/or network systems, through any means, including via a proxy server, or use any unauthorized access whether or not intentionally acquired;

(h) Aggregate or scrape any content, data or other information from the Site (whether using links, scraping technology or other technical means) to be aggregated or shown with material from other sites or on a secondary site without our express written permission;

(i) Hyperlink to the Site or deep link to any portion of our Site without our written consent;

(j) Interfere with our Site's or our mobile applications' operations, attempt to access or steal any data and information on or related to the Site;

(k) Seek to transact any fraudulent or illegal activity, through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation of another person, misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your true identity or location (including via proxy server or otherwise) or providing false, inaccurate or altered documentation, information or identification;

(l) Circumvent or seek to circumvent any security measures or other features meant to protect the security of the Site and Gift Card Cat Members' security;

(m) Make any unsolicited offers, advertisements, proposals, or send junk mail, spam or chain letters to other Gift Card Cat users or any other similar type of solicitation not approved of by Gift Card Cat in writing;

(n) Send or receive what we reasonably believe to be potentially fraudulent funds or otherwise use Gift Card Cat in a manner that we believe is intended to facilitate a criminal or fraudulent activity or enterprise;

(o) Seek to redeem Gift Cards from Gift Card Cat from a country other than the U.S.;

(p) Use the Site in a manner that results in or may result in complaints, chargebacks, customer refunds, invalid Gift Cards, fees, penalties or other liability to Gift Card Cat Marketplace, its other members or partners;

(q) Make any fraudulent, improper or false refund request or claim under the Gift Card Cat refund policy or any similar customer guarantees provided by us from time-to-time;

(r) To provide any additional information about yourself as a Seller to the Buyer of a Gift Card or otherwise seek to sell Gift Cards directly to any Buyer on Gift Card Cat;

(s) Engage in, or be involved in, any criminal and/or fraudulent activities, including not limited to, the following with regard to any Gift Cards bought on Gift Card Cat: (i) in a manner that diminishes the value represented on Gift Card Cat; (ii) the use of any fraudulent or unauthorized payment method to acquire Gift Cards on Gift Card Cat; (iii) the use of Gift Cards to perpetrate or facilitate any other criminal activity;

(t) Violate any terms and conditions set forth in the Gift Card Cat Terms & Conditions;

(u) Use Gift Card Cat other than for its intended purposes (including for any malicious, threatening, unethical, harassing, fraudulent or illegal activity) or otherwise in violation of these Terms of Use.

7. Your Liability - Actions We May Take and Fees We May Assess.

(a) General. You are responsible for all chargebacks, fees, fines, penalties and other liabilities incurred by us, any Member, a Retailer or any third party caused by or arising out of your breach of these Terms of Use, any Prohibited Activity and/or your use of Gift Card Cat. 

(b) Actions We May Take - Related to Prohibited Activity or Any Breach of these Terms of Use. If Gift Card Cat, in its sole discretion, believes that you have breached these Terms of Use or engaged in any Prohibited Activity, we take various actions to protect Gift Card Cat, our Members, Retailers or others from claims, refunds, chargebacks, fees, fines penalties or any other liabilities or exposure. The actions we may take include, without limitation, the following:

We may close, suspend or limit your access to your Member Account or Gift Card Cat (including limiting your access to your funds, your Gift Card Cash Back and/or your Gift Cards, your ability to purchase Gift Cards or request payment from us);

We may refuse to allow you to be a Member or otherwise access Gift Card Cat in the future; We may hold your funds (including any Gift Card Cash Back) if reasonably needed to protect against the risk of liability, member refunds or as otherwise provided in this these Term of Uses;

We may terminate any of Gift Card transactions on Gift Card Cat and withhold any payments associated with such transactions;

We may contact your bank and/or credit card issuer, Retailers, law enforcement and any other third parties impacted by your activities;

We may investigate any Prohibited Activity or breach of these Terms of Use or the Gift Card Cat Terms & Conditions and may notify and cooperate with appropriate law enforcement agencies;

We can and may share any information related to your Member Account, transaction history, payment information and other information related to your usage of Gift Card Cat with law enforcement or relevant Retailers, to the extent requested in connection with any investigation into any potentially criminal, fraudulent or Prohibited Activity;

We may use information you provide us or related to your activity on Gift Card Cat to investigate any potentially fraudulent or criminal activity or any Prohibited Activity, including to ensure you have not made improper or fraudulent refund requests under any Gift Card Cat refund policy or member guarantee;

We may take legal action against you; and We may, in our sole discretion, terminate all access to this Site, your Member Account, and our services for any reason and at any time.

(c) Actions We Take - Holds and Reserves on Funds and your Member Account.

i. Legal Process & Court Orders. We may, in our sole discretion, take various actions, including placing a hold, reserve or other limitations on your Member Account or the funds or credits in your Member Account in the event we receive notice of a court order or other legal process that restricts the use of or access to your funds or requires their holding, release, or seizure. We will provide notice of such hold, reserve or limitation, unless the court or law enforcement otherwise directs us not to provide you notice, in which case the court order or other process will supersede any notice obligation in these Terms of Use In addition, in the event, we receive a notice of garnishment, lien or levy on your Member Account directing us to retain funds or directing us to pay funds from your Member Account to a court, government body, agency or third party, we may limit your Member Account, hold relevant funds and ultimately disburse funds as necessary.

ii. Invalid Cards, Risk-Based, and Verification Reasons. We may, in our sole discretion, place holds on payment of funds to you or reserves on funds in your Member Account (including any Gift Card Cash Back), under the following circumstances: (A) if we provide a Buyer a refund under our return policy for a Gift Card sold by you on Gift Card Cat, (B) as we investigate any Invalid Cards (as defined below), any Gift Card refund requests, or any potentially illegal or fraudulent activity or any Prohibited Activity, (C) if we believe there may be a high level of risk associated with you, your Member Account or your transactions on Gift Card Cat, (D) until we have been able to complete certain verification procedures relate you and the processing of your Sales Transactions (including third party processor verification requirements) and (E) in connection with our recourse in Section 6(d) below. Our determination that you are a higher risk account may be based on a variety of factors, including your activity on Gift Card Cat and information we may receive from third parties or otherwise. If we place a reserve or hold on funds in your Member Account (or debit your Gift Card Cash Back in your Member Account), you will be informed of such reserve, hold, or action. If your Member Account is subject to a reserve, we will provide you notice of this reserve, specifying the terms of the reserve or the policy under which such reserve is being placed.

(d) Our Right to Reverse Refunds. In the event Gift Card Cat determines, in its sole discretion, that you have mistakenly, improperly or fraudulent sought and received a refund for a Gift Card purchased on Gift Card Cat under our then current refund policy, you authorize Gift Card Cat to charge your payment method on file (credit card) with Gift Card Cat or debit your Member Account (including any of your Gift Card Cash Back) the full amount of any such improper Gift Card refund(s) requested by you. Furthermore, in this circumstance, Gift Card Cat reserves the right to suspend or terminate your Member Account on Gift Card Cat.

(e) Dispute of any Gift Card Cat Recourse. In the event you believe in good faith that there may have been an error in our assessment of any fees, charges or other permitted recourse to your Member Account associated with a Gift Card you purchased on Gift Card Cat (including the recourse in this Section 6), you may contact Gift Card Cat Member Services (which information is available on our Site at https://www.giftcardcat.com/faq/contact) or your account manager, if applicable. You must provide us with all relevant information to support the reason you believe the recourse we took with regard to your Member Account or a particular Gift Card you bought on Gift Card Cat was not warranted and we will then, at our discretion, engage in further investigation of the particular matter (to the extent possible) to determine if there was an error in our assessment of any fees or charges to your account or any other similar permitted recourse hereunder. You hereby agree to fully cooperate with Gift Card Cat in any such further investigation and to only provide us with full and truthful information. Gift Card Cat will communicate its determination (after any such investigation) in accordance with its then existing policies and procedures. The timing and terms of any additional investigative process will be entirely dependent upon our then current policies and procedures related to such matters, which may change from time-to-time. You further agree that Gift Card Cat's determination after such an additional investigation (to the extent possible) is final.

8. Intellectual Property & Trademarks.

Unless otherwise indicated by us, the Gift Card Cat Site and all content and other materials therein, including, without limitation, the Gift Card Cat trademarks, logos and all other Gift Card Cat designs, text, graphics, pictures, information, data, software, sound files, other files made available on Gift Card Cat and the selection and arrangement thereof, and any documentation provided to you by or on behalf of Gift Card Cat (but excluding any and all trademarks, service marks or other intellectual property of Retailers found on Gift Card Cat) are the exclusive property of Gift Card Cat. "Gift Card Cat" and the Gift Card Cat logo and any related slogans are Gift Card Cat's trademarks in the United States and may not be copied or used without the prior written permission of Gift Card Cat. Unless explicitly stated by us, nothing in these Terms of Use shall be construed as conferring any ownership in or license to any intellectual property rights, whether by estoppel, implication, or otherwise.

All trademarks not owned by Gift Card Cat that appear on this Site are the property of their respective owners. Reference to any products, services, merchants, or retailers available on Gift Card Cat does not constitute or imply any endorsement, sponsorship or recommendation by Gift Card Cat.

9. Copyright Complaints.

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Gift Card Cat may also terminate or suspend the account of any member who infringes any intellectual property rights of a third party, whether a repeat infringer or not. If you believe that any user content on Gift Card Cat infringes upon any copyright that you own or otherwise control, you may file a notice of such infringement with our Designated DMCA Agent identified below, with the following information in writing: (i) a physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

10. Links to Other Websites.

Gift Card Cat may link to third-party websites, services, and mobile applications ("Other Websites"). These links are provided as a convenience to you and not because we endorse these Other Websites. We are not responsible for the content or the accuracy of materials on these Other Websites, or the privacy practices of these Other Websites. If you decide to access any Other Website, you do so at your own risk, and we are not responsible for any damages or liabilities caused or alleged to be caused by any use of the Other Websites.

11. Your Privacy.

We take the privacy of your personal data seriously. We encourage you to read our Privacy Policy for disclosures about how we may collect, use, and share personal data and the choices you may have with respect to the data we may collect and use. Our Privacy Policy is incorporated into these Terms of Use and is available Privacy Policy.

12. Electronic Communications.

When you use Gift Card Cat or otherwise send emails to Gift Card Cat, you are communicating with us electronically and you consent to receive electronic communications related to your use of Gift Card Cat, including push notifications. We will communicate with you by email, push notification, or by providing notices on the Site. You agree that any communication we may send you via email or push notification will satisfy any legal requirement that any such communication is in writing. Any notice delivery by Gift Card Cat via email will be effective when sent to the email address you provided to Gift Card Cat or from which you otherwise email us. You further agree that you are responsible for maintaining an active email account on file with your Member Account and for any spam-filters (or similar content blockers) that may impact a Gift Card Cat communication to you.

13. Disclaimer of Warranties & Waiver of Claims.

YOU EXPRESSLY AGREE THAT YOU ARE USING THE SITE AND ANY SERVICES OFFERED BY US AT YOUR OWN RISK AND THAT THE SITE AND SERVICES AVAILABLE ON THE SITE ARE PROVIDED "AS-IS" AND "AS-AVAILABLE". TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, GIFT CARD CAT DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, INFORMATION CONTAINED ON THE SITE OR ANY OF THE GIFT CARDS OR OTHER OFFERINGS AVAILABLE ON THE SITE OR ANY OTHER PROGRAMS AVAILABLE OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY, UP-TIME, OR FITNESS FOR A PARTICULAR PURPOSE. GIFT CARD CAT MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GIFT CARD CAT OR ANY REPRESENTATIVE OF GIFT CARD CAT WILL CREATE A WARRANTY OR OBLIGATION ON THE PART OF GIFT CARD CAT OR SUPERCEDE ANY OF THESE TERMS OF USE.

GIFT CARD CAT IS NOT THE ISSUER OF THE GIFT CARDS SOLD ON GIFT CARD CAT AND IS NOT RESPONSIBLE FOR WHETHER OR HOW A PARTICULAR RETAILER HONORS SUCH GIFT CARDS, PARTICULARLY IN THE CIRCUMSTANCE WHEN A RETAILER GOES OUT OF BUSINESS OR IS IN BANKRUPTCY OR LIQUIDATION. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT YOU WILL NOT SEEK RECOURSE AGAINST (AND HEREBY WAIVE ANY AND ALL CLAIMS AGAINST) GIFT CARD CAT IN THE CIRCUMSTANCE THAT A RETAILER DOES NOT HONOR A GIFT CARD BECAUSE IT IS UNABLE TO PAY ITS DEBTS, GOES OUT OF BUSINESS, LIQUIDATES, GOES BANKRUPT, OR OTHERWISE REORGANIZES. FURTHERMORE, GIFT CARD CAT IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM LOST OR STOLEN GIFT CARDS IN YOUR MEMBER ACCOUNT OR GIFT CARD CAT MOBILE WALLET OR USE OF YOUR GIFT CARD CAT ACCOUNT OR GIFT CARD CAT MOBILE WALLET (AND ANY GIFT CARDS THEREIN, INCLUDING ANY GIFT CARDS YOU ADD TO YOUR GIFT CARD CAT MOBILE WALLET NOT OTHERWISE ACQUIRED ON GIFT CARD CAT) WITHOUT YOUR PERMISSION AND YOU HEREBY AGREE TO WAIVE ALL CLAIMS AGAINST GIFT CARD CAT RELATED TO SUCH MATTERS.

14. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL GIFT CARD CAT, IT SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, MERCHANTS, LICENSORS OR PARTNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ON ACCOUNT OF LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOST BUSINESS ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (I) THE USE OF THE SITE, THE SITE AND/OR MEMBER CONTENT, INCLUDING ANY PERSONAL INFORMATION, (II) THE USE OF THE SERVICES ON THE SITE (OR INABILITY TO USE THE SERVICES), (III) THE MARKETING, PURCHASE OF ANY GIFT CARDS ON THE SITE, AND (IV) ANY SERVICES OR OFFERINGS PROVIDED BY ANY THIRD PARTIES ACCESSIBLE FROM OR THROUGH THE SITE, HOWEVER, CAUSED, REGARDLESS OF THE THEORY OF LIABILITY(INCLUDING, CONTRACT, TORT, WARRANTY, STRICT LIABILITY, ETC.) AND EVEN IF GIFT CARD CAT WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GIFT CARD CAT'S TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT, WARRANTY OR ANY OTHER THEORY OF LAW, ARISING UNDER THESE TERMS OF USE OR ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SITE AND/OR SERVICE PROVIDED VIA THE SITE EXCEED $200 IN THE AGGREGATE. YOU AGREE THAT ANY CAUSE OF ACTION HEREUNDER MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. BECAUSE CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS IN CERTAIN CONTEXTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

15. Indemnification & Release.

You agree to defend, indemnify and hold us (and our affiliates, subsidiaries and our and their respective officers, directors, employees and agents (collectively with EGIFTCARD LLC. the "Indemnified Parties")) harmless from any claim or demand made by any third party due to or arising out of or related to: (i) your breach of these Terms of Use, (ii) your improper use of the Site or Gift Card Cat's services, (iii) your violation of any third parties' intellectual property rights, (iv) your intentional misconduct, fraudulent acts or gross negligence, (v) any content you provide on the Site or (vi) your violation of any applicable law, including any applicable tax laws. You agree to pay any and all losses, costs, damages and expenses (including reasonable legal fees and expenses) (collectively "Damages") for which any Indemnified Party is found liable in respect of any such claim or demand and to reimburse each Indemnified Party immediately for any Damages that the Indemnified Party has directly incurred, suffered or paid. You hereby recognize that Gift Card Cat is not the issuer of any Retailer Gift Card sold on Gift Card Cat. To the extent permitted under applicable law, you agree to release Gift Card Cat from any claim or liability arising out of or related to (x) how and whether a Retailer honors its Retailer Gift Card(s) purchased on Gift Card Cat and (z) any Retailer's failure to honor a particular Retailer Gift Card purchased by you on Gift Card Cat.

16. Legal Disputes

a. Binding Arbitration. By using this Site and agreeing to these Terms of Use, you agree that any claim, dispute, or controversy you may have against Gift Card Cat arising out of, relating to, or connected in any way with these Terms of Use, Gift Card Cash Back or the Gift Card Cat Terms & Conditions, this Site, or the purchase or sale of any Gift Cards or any other services offered on Gift Card Cat (a "Dispute" ), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ( "AAA" ) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA, including, without limitation, the AAA Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org. ("Rules and Procedures"); except that you may bring a qualifying claim over a Dispute in a small claims court. The provisions of this Section 14 shall constitute your and Gift Card Cat's written agreement to arbitrate Disputes under the Federal Arbitration Act ("Dispute Agreement") and that you and Gift Card Cat are each giving up the right to go to court and have a Dispute heard by a judge or jury (except for the limited exclusion above in a small claims court or in the context of injunctive relief permitted below).

You agree further that: (A) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Gift Card Cat; (B) the arbitrator shall apply Oregon law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (C) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Gift Card Cat's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (D) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Gift Card Cat will pay as much of your filing, arbitration and hearing fees in connection with the arbitration as the arbitrator deems necessary (not to exceed $10,000) to prevent the arbitration from being cost-prohibitive. Gift Card Cat agrees not to seek attorney's fees and costs in arbitration unless the arbitrator determines the Dispute was frivolous. The arbitration shall be conducted based on written submission unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary.

(b) No Class Action. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member of a purported class, representative proceeding or as an association. We each agree that any Dispute will be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator may not vary these terms.

(c) Choice of Law & Forum. Any and all Disputes shall be governed by the laws of the State of Oregon without regard to any conflicts of laws provisions. In the event any Dispute was to proceed in court, you agree that (i) the federal and state courts of the state of Oregon and Washington County shall have exclusive jurisdiction to adjudicate any such Dispute, (ii) you and Gift Card Cat irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for the resolution of such Disputes and (iii) you and Gift Card Cat agree to irrevocably waive any right to a trial by jury.

(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or related to the infringement of a party's intellectual property or any conduct that violates Section 5 of these Terms of Use.

(e) Severability. If Section 16(b) above or Section 16(a),(c) above is ruled to be unenforceable, then Section 16(a) shall be deemed unenforceable, but the rest of this Section 16 shall remain in full effect.

17. Miscellaneous Provisions

(a) Force Majeure Gift Card Cat shall be excused from performance under these Terms of Use, and the Gift Card Cat Terms & Conditions, to the extent it is delayed or prevented from performing, as a result of any event or series of events caused by (i) weather conditions or elements of nature or acts of God, (ii) acts of war, terrorism, insurrection, riot, political unrest, (iii) labor strikes, (iv) embargoes, (v) error or disruption to computer hardware, networks or software failures or of third party providers or (vi) other causes beyond the reasonable control of Gift Card Cat.

(b) Entire Agreement These Terms of Use and The Gift Card Cat Terms & Conditions, including the Privacy Policy and other terms incorporated by reference, constitute the entire agreement and understanding between you and Gift Card Cat with respect to the subject matter covered and supersedes any prior agreements, whether in writing or oral, with respect to such subject matter.

(c) Assignment These Terms of Use and the Gift Card Cat Terms & Conditions are not assignable, transferable, or sublicensable by you except with Gift Card Cat’s prior written consent. Gift Card Cat may transfer, assign or delegate these Terms of Use or the Gift Card Cat Terms & Conditions and its rights and obligations hereunder without consent.

Gift Card Cat Terms & Conditions

Gift Card Cash Back is a promotional reward program offered by EGIFTCARD LLC for Gift Card Cat Members. For purposes of these Gift Card Cat Terms & Conditions (the "Gift Card Cat Terms & Conditions"), the terms "Gift Card Cat," "we," "us," and "our" refer to EGIFTCARD LLC. The terms "Member," "you," and "your" apply to you as a Member of the Gift Card Cash Back program ("Gift Card Cash Back Program"). The term "account" refers to your Gift Card Cash Back Member account and the term "Gift Card Cash Back" refers to the promotional rewards earned as reflected in your Member account from time to time pursuant to these Gift Card Cat Terms & Conditions. Gift Card Cat may offer a variety of Gift Card Cash Back promotional points and reward points pursuant to various programs ("Gift Card Cash Back Programs" or "Programs") in connection with www.giftcardcat.com and the Gift Card Cat mobile applications (collectively, the "Site"). These Gift Card Cat Terms & Conditions contain important information regarding the Gift Card Cash Back Programs. Please read these Gift Card Cat Terms & Conditions carefully. These Gift Card Cat Terms & Conditions are a binding agreement between you and Gift Card Cat and will govern your participation in any and all Gift Card Cash Back Programs. By participating in any of the Gift Card Cash Back Programs, including earning and redeeming any Gift Card Cash Back offered under any of the Programs, you agree to these Gift Card Cat Terms & Conditions, as well as the Terms of Use [https://www.giftcardcat.com/terms/giftcardterms] ("Terms"), which are incorporated herein and can be found on the Site. Gift Card Cat reserves the right to modify these Gift Card Cat Terms & Conditions at any time, without notice to you, so it is important that you check the Gift Card Cat Terms & Conditions periodically. The Gift Card Cat Terms & Conditions can be found throughout the Site.

1. Overview

Gift Card Cat may offer one or more Gift Card Cash Back Programs under which you may have the opportunity to earn Gift Card Cash Back, which is redeemable on the Site. Gift Card Cash Back Programs may include additional terms and conditions that apply to a Gift Card Cash Back Program ("Additional Terms"), as well your participation in activities allowing you to earn Gift Card Cash Back (collectively, "Activities"). There may be limitations on the Activities and Gift Card Cash Back, so you should always be sure to review all applicable Additional Terms before deciding to participate in any particular Gift Card Cash Back Program. Some of the limitations on Activities and Gift Card Cash Back include (without limitation), our right to change or limit your ability to participate in certain Activities or Gift Card Cash Back Programs; our right to change or limit the frequency of Activities and Gift Card Cash Back; our right to change or limit the amount of Gift Card Cash Back you can earn for any given Activities or during any given time period; our right to change the Activities and Gift Card Cash Back available and our right to change the period during which any Gift Card Cash Back can be redeemed on the Site. There are no costs or fees associated with the Programs or Gift Card Cash Back. Gift Card Cash Back are promotional and have no cash value. The Company may limit, suspend or terminate your ability to participate in a Gift Card Cash Back Program in its sole and absolute discretion, and may void any Gift Card Cash Back or potential Gift Card Cash Back you may have earned or accumulated in any Gift Card Cash Back Program, if we determine in our sole discretion that you have not complied with these Gift Card Cat Terms & Conditions, the Terms of Use or any Additional Terms applicable to such participation or any particular Gift Card Cash Back Program. You agree to abide by the final and binding decisions of Gift Card Cat regarding any Gift Card Cash Back Program and your participation in it. We reserve the right to change, suspend, or cancel all or a portion of a Gift Card Cash Back Program, including any Gift Card Cash Back you may have accrued, at any time without prior notice to you. Upon termination or discontinuance of any Program(s), unused or unredeemed Gift Card Cash Back associated with such Program(s) may immediately and automatically expire and may not be redeemable on the Site or otherwise.

2. Program Period

The Gift Card Cash Back Programs will continue until terminated, suspended, modified, or converted to another Gift Card Cash Back Program by Gift Card Cat (the "Program Period"). Gift Card Cat may change the Program Period at any time and may determine to terminate any Gift Card Cash Back Program Period in its sole discretion, in particular, if it believes any Gift Card Cash Back Program is being abused or is otherwise not accomplishing the intended purpose of the Gift Card Cash Back Program.

3. Eligibility

To participate in any Gift Card Cash Back Program, you must first have a Gift Card Cat Member account at https://www.giftcardcat.com, on Gift Card Cat mobile applications, or such other locations as identified by any Gift Card Cash Back Program and become a Member of Gift Card Cat. To register as a Member, you must meet the registration criteria specified in the Terms of Use. All Members are required to comply with the Terms of Use of the Site at all times. Gift Card Cat reserves the right to disqualify any Member from participating in the Gift Card Cash Back Program, and to invalidate any and all Gift Card Cash Back for abuse, fraud, or any violation of these Gift Card Cat Terms & Conditions, any other Additional Terms of a Gift Card Cash Back Program, or the Terms of Use, at its sole discretion. You agree that you may only have ONE Member account on the Site and that to the extent Gift Card Cat determines you have established more than ONE Member account on the Site, Gift Card Cat will be permitted to cancel the Member account and any Gift Card Cash Back associated with the additional Gift Card Cat Member account(s) will be forfeited. Your Member Account is personal to you and is non-transferrable. In the event we terminate your Member account for any reason, any Gift Card Cash Back associated with your Member account is void. If you have registered for a Member account, you are responsible for safeguarding your password and any other credentials used to access the Member account. You, and not Gift Card Cat, are responsible for any activity occurring in your Member account, whether or not you authorized that activity. If you become aware of any unauthorized access to your Member Account, you should notify Gift Card Cat immediately.

4. Promotional

Gift Card Cash Back Programs Terms & Limitations Gift Card Cat also offers a variety of promotional Gift Card Cash Back Programs, whereby Gift Card Cat will provide or offer certain persons Gift Card Cash Back in conjunction with various promotional events, programs and initiatives. These promotional Gift Card Cash Back Programs will often identify a time limitation for redeeming any Gift Card Cash Back associated with a particular promotional Gift Card Cash Back Program, after which, any such Gift Card Cash Back will no longer be redeemable or valid for redemption on the Site. Gift Card Cat may identify Additional Terms for any Promotional Gift Card Cash Back Program that may (i) limit who can use or redeem promotional Gift Card Cash Back, including if it is for new Members only, (ii) limit when promotional Gift Card Cash Back can be used, (iii) limit what promotional Gift Card Cash Back can be used to purchase, (iv) limit how much promotional Gift Card Cash Back is available to be redeemed in a particular Gift Card Cash Back Program, (v) limit the combination of any particular promotional Gift Card Cash Back with other promotional Gift Card Cash Back or Referral Gift Card Cash Back and (vi) provide other particular terms and conditions specifically related to that promotional Gift Card Cash Back Program. If any of these terms are not being complied with by any Member of Gift Card Cat, then Gift Card Cat reserves the right to not honor the redemption of any such Member’s promotional Gift Card Cash Back. Furthermore, Gift Card Cat reserves the right to limit the amount of promotional Gift Card Cash Back offered under any Gift Card Cash Back Program at any time, including the right to terminate any Gift Card Cash Back Program in its sole discretion. Gift Card Cat, in its sole discretion, may at any time change minimum spend thresholds for taking advantage of any particular promotional Gift Card Cash Back Program. This change will be reflected at the time of check-out for the Member. Furthermore, Gift Card Cat can refuse redemption of certain Gift Card Cash Back promotional codes, to the extent such codes have been promoted by a source not authorized by Gift Card Cat or contemplated for that particular Gift Card Cash Back Program. Again, to the extent any promotional Gift Card Cash Back Program is limited to new Members or single use, Gift Card Cat may not honor any promotional Gift Card Cash Back they believe to be in violation of this term or limitation, including if Gift Card Cat determines you have more than one Member account on Gift Card Cat.

5. No Cash Value, Non-Transferability, and No Ownership

Gift Card Cash Back is for promotional purposes only, is not to be considered property in any way, and has no cash value or other value unless redeemed toward a purchase on the Site in accordance with these terms. Gift Card Cash Back are not transferable and cannot be bought, sold, gifted, or applied to any other account. Gift Card Cash Back is for the benefit only of the Member who has earned that Gift Card Cash Back in accordance with the relevant Program. A Member may not otherwise redeem Gift Card Cash Back for cash. Gift Card Cash Back can only be redeemed toward the purchase of gift cards or other closed-loop products on the Site. Gift Card Cash Back is not a gift card. If your Member Account is closed for violating our Terms of Use or these Gift Card Cat Terms & Conditions, you may lose access to your Gift Card Cash Back and may no longer be able to redeem your Gift Card Cash Back on the Site.

6. Inactive Member Accounts

Any Member account that has not been logged into and Gift Card Cash Back either earned or redeemed or gift cards purchased, sold, or used for two years or more may be deemed inactive and the Member Account may be closed by Gift Card Cat. In such instances, to request Member account reactivation (subject to our then-current Gift Card Cat Terms & Conditions and our Terms of Use and existing policies and procedures) you may reach us by contacting Member Services at service@giftcardcat.com. We may modify our inactive Member account rules and policies in our Gift Card Cash Back Programs from time to time, and if your Member Account is deemed inactive pursuant to such then-current rules or policies, we may close your Member account, without any compensation or further obligation to you.

7. Gift Card Cash Back Taxability

Gift Card Cash Back may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Member. Members are solely responsible for reporting such items on their tax returns and paying any associated tax liability.

8. Disclaimer of Warranties

In addition to the Disclaimer of Warranties & Waiver of Claims section contained in the Terms of Use, Gift Card Cat makes no warranty in any respect as to any Gift Card Cash Back, merchandise, or service available within the Gift Card Cash Back Programs.

9. About Gift Cards

The gift cards offered by Gift Card Cat on the Site are subject to each individual retailer’s policies and program terms. For details, see the information on the back of the gift card or visit the relevant retailers’ websites for their particular terms & conditions governing a particular gift card.

Delivery Methods

Most electronic gift cards are delivered instantly to your Gift Card Cat account; however, processing may take up to 24 hours for additional verification.

If you do not receive your gift card’s accordingly, please visit our Help Center.

10. Release

By participating in any Gift Card Cash Back Program, a Member releases Gift Card Cat, its parent company, subsidiaries, affiliates, suppliers, advertising partners, and promotions agencies and their respective directors, officers, employees, and agents (collectively, "Released Parties") from any and all liabilities, claims, losses, damages, costs or expenses, arising from or related to, the relevant Program, the Gift Card Cash Back Programs and/or the earning, use, loss or redemption of any Gift Card Cash Back.

11. Indemnification

Members agree to indemnify, defend and hold the Released Parties harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (a) any breach by Member of any of these Gift Card Cat Terms & Conditions (including any applicable Additional Terms), (b) any breach by Member of the Terms of Use, or (c) any violation by Member of applicable law.

12. Entire Agreement, Governing Law, Venue & Arbitration

These Gift Card Cat Terms & Conditions, the Terms of Use and any Additional Terms reflect all of the terms applicable to your participation in any Gift Card Cash Back Program and the Gift Card Cash Back earned thereunder. The laws of the State of Oregon shall govern these Gift Card Cat Terms & Conditions. Members hereby expressly consent to the exclusive jurisdiction and venue in the courts located in the State of Oregon, Washington County, for all matters arising in connection with these Gift Card Cat Terms & Conditions or Member’s participation in the Program. Member further agrees that any dispute related to Gift Card Cash Back, any Gift Card Cash Back Program and the Gift Card Cat Terms & Conditions will be subject to the arbitration provisions set forth in the Terms of Use, which all Members agree to before being permitted to participate in any Gift Card Cash Back Program on the Site. Your participation in the Gift Card Cash Back Program is governed by the Terms of Use and these Gift Card Cat Terms & Conditions. In the event of a conflict between the terms and conditions of these Gift Card Cat Terms & Conditions and the Terms of Use, these Gift Card Cat Terms & Conditions shall control.

13. Changes to the Gift Card Cat Terms & Conditions

The most current version of the Gift Card Cat Terms & Conditions will be posted to the Site. Changes to the Gift Card Cat Terms & Conditions will be effective upon posting to the Site unless otherwise required by applicable law. At our sole discretion, we may also inform you of changes to the Gift Card Cat Terms & Conditions via email and/or in-app notifications. If you do not agree to the changes to the Gift Card Cat Terms & Conditions, you should stop using your Member account and the mobile application and Site functionality related to Gift Card Cash Back. Your continued use of the mobile applications, Site, or Member account constitutes your acceptance of an agreement to be bound by the updated Gift Card Cat Terms & Conditions.  

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