Unique Bid Auctions: Terms and Conditions

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GiftCards4Less Terms and Conditions

GiftCards4Less Auction Terms and Conditions

General Introduction & Overview

The following GiftCards4Less Auction Terms and Conditions shall apply exclusively to the business relationship between www.GiftCards4Less.com and you regarding your participation in our GiftCards4Less Highest Unique Blind Bid Gift Card Auctions ("Auctions").  "We," "us," "our," and "GiftCards4Less" refer to www.GiftCards4Less.com or our authorized representatives associated with our Auctions.  "You," "your," "User," and "Users" refer to any individual that has registered to participate in our Auctions.  These GiftCards4Less Auction Terms and Conditions form a contractual agreement ("Agreement") between you and GiftCards4Less regarding our Auction service.  These Auction Terms and Conditions set forth the rules, regulations, policies, and procedures that govern your use of our Auction website and are applicable to your participation in any of our Auctions.  Any variations or alterations to these GiftCards4Less Auction Terms and Conditions shall only be binding upon GiftCards4Less if agreed to in writing.

GiftCards4Less offers select gift cards for sale via our GiftCards4Less Highest Unique Blind Bid Gift Card Auctions.  In these Auctions, you and other Users compete for the opportunity to purchase brand new gift cards for a fraction of their face value.  During the course of an open Auction, Users submit bids offering to purchase the auctioned gift card at a stipulated price.  The bidder with the Highest Unique Bid at the close of the Auction is deemed the winning bidder and is able to purchase the gift card at an amount equal to his/her Highest Unique Bid.  (Note: In the unlikely event that there are no unique bids at the close of an Auction, then the FIRST bidder to submit the Highest Duplicate Bid will be deemed the winner of the Auction.)  For a detailed explanation of what constitutes the Highest Unique Bid (and the Highest Duplicate Bid), please see the section below titled "Bidding on an Open Auction." Each GiftCards4Less Highest Unique Blind Bid Gift Card Auction is independent of all other Highest Unique Blind Bid Gift Card Auctions.  Each Auction is for only one gift card.  Each Auction will be assigned a unique Auction identification number ("Auction ID#").

All references to monetary amounts are in United States dollars and cents.

Users are solely responsible for all taxes, charges, or other liabilities related to or resulting from their participation in our Auctions.

Any bidding advice posted on our GiftCards4Less Auction website (for example, references to "Bidding Strategy," "Strategic Considerations," "Bidding Assistance," etc.) is provided solely as suggestions and is not intended to be relied upon.  GiftCards4Less is not liable or responsible for any actions taken by a User or any other person who relies upon such advice.

Contact Information

GC4Less
9457 S University Blvd #284
Highlands Ranch, CO 80126
(303) 814-0310
GiftCardServices@GiftCards4Less.com

If you choose to contact us by phone and reach our voice mail, please leave a detailed message and we will return your call as soon as possible.

Proprietary Rights

All www.GiftCards4Less.com website design, text, graphics, the selection and arrangement thereof, and all software are protected by United States copyright law and international treaty provisions.  Copyright © 2005-2013, GiftCards4Less.  All rights reserved.

The "GiftCards4Less" name, the phrase "Where Great Gift Card Savings Are Only A Click Away!" and all other names, logos, and icons identifying GiftCards4Less and its services are trademarks in the United States and other countries.  Any use of such proprietary service marks without our prior express written consent is strictly prohibited.

All other copyrights, trademarks, service marks, brands, product names, and company names or logos for any products and/or materials referenced on our GiftCards4Less website are the property of their respective owners.

You understand and agree that you may not sell, license, rent, lease, loan, duplicate, copy, cut and paste, imitate, mirror, frame, publicly display, collect, compile, download, reproduce, publish, modify, adapt, edit, post, broadcast, publicly perform, distribute, or otherwise transmit any intellectual, application, database, or directory information or other GiftCards4Less website content and materials in whole or in part or create derivative works thereof including but not limited to fonts, icons, link buttons, wall paper, desktop themes, or unlicensed merchandise without our prior express written consent.

You understand and agree that all content and materials on the GiftCards4Less website or made available to you through this website (including but not limited to our computer programs, tools, interfaces, images, designs, documentation, ideas, services, information, and other intellectual property) are the sole property of GiftCards4Less and are protected by copyrights, service marks, and other intellectual property rights and laws in the United States and internationally.  You understand and agree that you do not own or otherwise have a proprietary interest in or right to use such content and materials.

You understand and agree that any use of the content or materials found on this www.GiftCards4Less.com website without the prior express written consent of GiftCards4Less is strictly prohibited and may violate intellectual property laws as well as other rules, regulations, laws, and statutes.  Unauthorized use is subject to civil and criminal penalties.

Acceptance of Terms Through Use

By using our GiftCards4Less Auction website, by registering to participate in our Auction service, or by participating in our GiftCards4Less Highest Unique Blind Bid Gift Card Auctions, you accept these GiftCards4Less Auction Terms and Conditions.  PLEASE READ THESE GIFTCARDS4LESS AUCTION TERMS AND CONDITIONS CAREFULLY!  Your use of our GiftCards4Less Auction website, your registration with our Auction service wherein you acknowledge that "I have read and agree to the GiftCards4Less Auction Terms and Conditions," and your participation in our Auctions by submitting bids in our GiftCards4Less Highest Unique Blind Bid Gift Card Auctions constitutes your agreement to and acceptance of these GiftCards4Less Auction Terms and Conditions.

If you do not agree to and accept these GiftCards4Less Auction Terms and Conditions, please do not use our GiftCards4Less Auction website, do not register with our Auction service, do not acknowledge that you have read and agree to the GiftCards4Less Auction Terms and Conditions, and do not submit any bids in our GiftCards4Less Highest Unique Blind Bid Gift Card Auctions.

These GiftCards4LessAuction Terms and Conditions are subject to change without notice.  GiftCards4Less reserves the right to update or revise these GiftCards4Less Auction Terms and Conditions at any time and without notice.  You agree that you are responsible for remaining knowledgeable about these GiftCards4Less Auction Terms and Conditions.  Therefore, we suggest that you periodically review these GiftCards4Less Auction Terms and Conditions for any changes.  Your continued use of our GiftCards4Less Auction website and your continued participation in any of our Auctions after a change to these GiftCards4Less Auction Terms and Conditions has been posted on the website constitutes your agreement to and acceptance of the change.

Limited License

GiftCards4Less grants you a non-exclusive, non-transferable, limited, fully revocable license to make personal use only of our Auction website in strict accordance with these GiftCards4Less Auction Terms and Conditions.  Such grant does not include, without limitation:

Any resale, transfer, license, sublicense, leasing, renting, commercial use, or other use in any manner not expressly permitted herein of our Auction website or any of its content;

Any decompilation, disassembly, reverse engineering, reverse compiling, reverse assembling, modification, alteration, editing, reformatting, translation, adaptation, conversion into human readable form, or otherwise discovering any of the intellectual, application, database, or directory information or other contents of our Auction website not intended to be so read, including the use of or directly viewing the underlying HTML, source code, or other executable code from our GiftCards4Less website except as interpreted and displayed in a web browser;

Any duplicating, copying, cutting and pasting, imitating, mirroring, framing, displaying, collecting, compiling, downloading, reproducing, distributing, publishing, posting, broadcasting, public performing, or otherwise transmitting any of the intellectual, application, database, or directory information or other contents or materials of this Auction website including any GiftCards4Less trademarks or service marks in any form or by any means including but not limited to electronic, mechanical, photocopying, recording, or otherwise;

Making, authorizing, or commissioning others to make any additions to, deletions from, or modifications to our Auction website or any of the contents of our website;

Creating, authorizing, or commissioning others to create derivative works from concepts or code on our Auction website or any of the contents contained on our website; or

Any use of specialized computer programs including but not limited to web robots, data miners, web wanderers, crawlers, scrapers, spiders, or any other automated or manual device, tools, techniques, process, or similar data gathering and extraction methods designed to directly or indirectly systematically download, retrieve, or copy the contents of this Auction website, to monitor or gather any data or any other information from our website, or to monitor or collect any data or any other information from or about any Users of our website. Use of such automated tools to retrieve and data mine information from our website may violate certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) and the Digital Millennium Copyright Act.

You agree not to make any false or fraudulent statements in your use of or to gain access to our GiftCards4Less Auction website.  You may create a hyperlink to our GiftCards4Less website as long as the hyperlink does not portray GiftCards4Less or its affiliates in a negative, derogatory, or offensive manner.

You agree that: (1) you will not disturb, interfere with, or interrupt the operation of our GiftCards4Less Auction website in any way; and (2) you will not attempt to disturb, interfere with, or interrupt the operation of our GiftCards4Less Auction website in any way.

You agree not to use our GiftCards4Less Auction website in any manner that is pornographic, defamatory, disparaging, threatening, obscene, harassing, or otherwise unlawful.

Nothing in these GiftCards4Less Auction Terms and Conditions or on our GiftCards4Less Auction website shall be construed as granting you any other rights or privileges of any kind with respect to our Auction service or to any content.

Any use of content or materials developed by GiftCards4Less for any purpose not expressly permitted in these GiftCards4Less Auction Terms and Conditions is prohibited.

All rights not explicitly granted herein are expressly reserved by GiftCards4Less.

Eligibility to Participate / Registration

Employees of GiftCards4Less and their immediate family members (defined as parents, children, siblings, spouse, or domestic partner, regardless of where they reside) and those living in the same household as any employee are not eligible to participate in GiftCards4Less Auctions under any circumstances.

The GiftCards4Less Auction service is offered exclusively to private individuals and not to companies or commercial resellers. We reserve the right to exclude companies and commercial resellers from participation in our Auctions and to close their User accounts at any time.

Participation in our GiftCards4Less Auctions is subject to GiftCards4Less prior approval.  GiftCards4Less reserves the right to refuse participation to any User at any time in our sole discretion.  GiftCards4Less is not obligated to accept any bids for any Auction from any User for any reason.

A User is not barred from participating in an open Auction based upon winning a prior Auction.  However, GiftCards4Less reserves the right to limit at its sole discretion the total number of open Auctions in which a User may participate.  And GiftCards4Less reserves the right to limit at its sole discretion the total number of successfully completed Auctions a User can win.

Prior to participating in an Auction, you must establish your eligibility by completing our Auction Registration Form to create an Account Profile.  To participate in our Auctions you must be a legal resident of the 50 United States (i.e., the continental U.S., Alaska, and Hawaii) or a legal resident of the District of Colombia, you must be at least 18 years of age, you must have a valid PayPal account, you must have a valid United States PayPal Confirmed Shipping Address, the name on your PayPal account must match the First and Last Name you provide on your GiftCards4Less Auction Registration Form, the email address on your PayPal account must match the email address you provide on your GiftCards4Less Auction Registration Form, and you must acknowledge that you have read and agree to these GiftCards4Less Auction Terms and Conditions.

PLEASE READ THIS CAREFULLY!  By submitting any bid on our GiftCards4Less Auction website, you declare that you are at least 18 years old and that you are legally capable of entering into a binding contract.  Your bid constitutes your legal capability and your willingness to enter into a binding contract with GiftCards4Less, and your bid constitutes your confirmation that you have read, understand, and accept these GiftCards4Less Auction Terms and Conditions.

You must provide current, factual, and accurate identification, contact, eligibility and other information that may be required as part of our registration process and for continued use of our GiftCards4Less Auction website.  You must keep your contact information (including your email address and phone number) and other personal information accurate and up to date in your Account Profile.  You represent, warrant, and covenant that the registration information you supply is true, correct, and complete.  If you submit inaccurate or invalid information, GiftCards4Less reserves the right to cancel your bids and to close your Auction Account at any time and without notice.

You agree that you will register only once using your First Name and Last Name.  Additionally, you understand and agree that your First Name and Last Name on your GiftCards4Less Auction Registration Form must match your first and last name on your PayPal account.  Further, the email address you use for your GiftCards4Less Auction Registration Form must match your PayPal email address.  PLEASE READ THIS CAREFULLY!  We deem such data necessary to prevent fraud and to correctly identify you prior to granting you access to our Auction service.  Therefore, if the names and email address on your GiftCards4Less Auction Registration Form do not match the names and email address on your PayPal account, we reserve the right at our sole discretion to close your Auction Account at any time and without notice.  Additionally, if we determine that you have registered with multiple identities, we reserve the right at our sole discretion to cancel your Accounts at any time and without notice.

User Auction Accounts are non-assignable and non-transferable.  You understand and agree that only you may use your Account.  Nobody else may use your Account.

During the registration process, you must choose a unique Username and Password.  PLEASE READ THIS CAREFULLY! You authorize GiftCards4Less to display your Username, city, and state in the Auction results at the close of an Auction, in accordance with our GiftCards4Less Privacy Policy.

Your Username must not be offensive and/or offend common decency.  You agree that you shall not use profanity and that you shall not deliberately alter words with the intent of bypassing our profanity filter.

You agree that you will use an appropriate name and appropriate language in your Username.  You agree that you shall not create a Username that deceives or misinforms other Users; makes false representations; harasses or threatens any individual; impersonates any individual; infringes upon the rights of third parties; is obscene, illegal, or otherwise objectionable; or violates these GiftCards4Less Auction Terms and Conditions.

If GiftCards4Less receives information regarding a Username that, in our opinion, is illegal and/or in breach of these Auction Terms and Conditions, we reserve the right at our sole discretion to amend the Username without prior notice and/or cancel your Auction Account at any time and without prior notice.

Email Notifications

You agree to allow us to contact you by email with administrative updates including but not limited to email notifications at the conclusion of an Auction informing you of the amount of your winning bid in the event you are the winning bidder of the Auction.

At the time of registration to participate in our GiftCards4Less Auction service, you can indicate your preference to receive an optional daily email notifying you of the following, if applicable:

Your unique bid in a particular open Auction changed to a duplicate bid in approximately the last 24 hours because another bidder submitted a bid for the exact same amount as your bid. The purpose of this email notification is to let you know that the unique status of one or more of your bids has changed, in the event you would like to submit additional bids for that Auction.

Certain open Auctions are about to close. We will notify you when the total number of bids required to close an Auction ("Bids Required to Close") is 10 or less. The purpose of this email notification is to let you know when open Auctions are about to close, in the event you would like to submit bids for those Auctions.

Certain pending Auctions are about to open. We will notify you when a new Auction is scheduled to open in approximately the next 24 hours. The purpose of this email notification is to let you know when pending Auctions are about to open, in the event you would like to participate in additional Auctions as they become available.

This optional email notification will be generated once a day.  The email will only be sent to you if you elect to receive the optional daily email notification and if the unique status of one or more of your bids has changed, any Auctions are about to close, or any Auctions are about to open.

You understand and agree that it is your sole responsibility to: (1) monitor the status of your bids; (2) monitor the status of Auctions that are about to close; and (3) check the availability of new Auctions on the GiftCards4Less Auction website.  You understand and agree that this optional email notification is sent only as a courtesy, and your email address and information contained in the email may be intercepted by third parties during transmission over the Internet without the permission of you or GiftCards4Less.

You understand and agree that GiftCards4Less is not responsible for any email notification that is delayed or is never received by you for any reason whatsoever including but not limited to: email messages that are delayed, misdirected, or lost due to interruptions or fluctuations in the Internet; and email messages that are never received by you due to spam filters implemented by your Internet Service Provider, or email filtering software used by you.

Protect Your Password

During the registration process, you will select a Username and Password for your Auction Account.  You agree that you will select a unique Username and Password not easily guessed by another party.  You agree that you are responsible for maintaining the confidentiality of your Username, your Password, and your Account.

You agree that you shall keep your Password strictly confidential and use your best efforts to protect and prevent access to our GiftCards4Less Auction website through your Username and Password by anyone other than yourself.  You agree that you shall NEVER give your Password to anyone, including GiftCards4Less employees.

You agree that you are fully responsible for all activities that occur under your Username, your Password, and your Auction Account including, without limitation, any use by any third party.  You agree that you shall be liable for all activities undertaken by you or others using your Account.  You agree that you are solely and exclusively responsible for any unauthorized use by others of your Account.  [Protect yourself against fraudulent websites by opening a new web browser (e.g., Internet Explorer, Firefox / Netscape, or Opera) and typing in the GiftCards4Less URL (www.GiftCards4Less.com) every time you log in to your Account.]

In the event of any unauthorized use of your Password, any unauthorized access to your Password by another person or entity not under your control and supervision, any loss of your Password, any unauthorized use of your Auction Account, or any other breach or attempted breach of the security of your Account or the GiftCards4Less website, you agree that you will immediately notify GiftCards4Less at GiftCardServices@GiftCards4Less.com and promptly change your Password.

Bidding Account

You must use PayPal to deposit a minimum of $10 into your Bidding Account prior to participating in your first Auction.  PayPal allows you to easily deposit funds into your Bidding Account without sharing any of your sensitive financial information with us.  While we have chosen PayPal as our safe and secure online third-party payment service provider for the acceptance of deposits into your Bidding Account, you understand and agree that we do not have control of your financial information and are therefore not liable for any misuse of your financial information in the event the PayPal service is compromised.

By depositing funds into your Bidding Account, you represent, warrant, and covenant that you are the owner of the PayPal account and that you are authorized to use the PayPal account to deposit funds into your Bidding Account in order to participate in our Auctions.

Funds will be added to your Bidding Account Balance once we receive confirmation from PayPal that your payment has cleared.  You will then be able to use the funds in your Bidding Account Balance to participate in any open Auction.

If you wish to add additional funds to your Bidding Account, you must use PayPal.  You must deposit a minimum of $10 each time you add funds to your Bidding Account.  The maximum amount you can add to your Bidding Account at any one time is $300.

You will be charged a specified nominal bid fee ("Bid Fee") for the right to submit a single bid in an Auction, which represents your offer to purchase the auctioned gift card at a stipulated price.  You acknowledge that a Bid Fee will be deducted from your Bidding Account Balance for each bid you submit in an open Auction at the time you submit your bid, whether your bid ultimately is a successful winning bid or not.  If the Bid Fee exceeds the amount of funds in your Bidding Account, then you must deposit additional funds into your Bidding Account prior to submitting your bid.

Once you have submitted a bid for an Auction, GiftCards4Less will not refund the Bid Fee.  PLEASE READ THIS CAREFULLY!  Refunds of Bid Fees are not available once you have submitted a bid for any of our Auctions.  You represent, warrant, and covenant that the Bid Fees you incur will be honored by you and that you will not request a refund of those Bid Fees, whether your bid ultimately is a successful winning bid or not.

GiftCards4Less specifies the amount of the Bid Fee charged per bid at the start of an Auction.  The required Bid Fee will be clearly posted in the details for each Auction.  For our $50 GiftCards4Less Highest Unique Blind Bid Gift Card Auctions, we offer a standard Bid Fee of $2/bid.  For our $100, $250, and $500 GiftCards4Less Highest Unique Blind Bid Gift Card Auctions, we offer a choice of three different Bid Fee structures: $3/bid, $5/bid, or $9/bid.  We reserve the right at our sole discretion to change the amount of the Bid Fee charged per bid from time to time.

The balance in your Bidding Account can only be used to submit bids in GiftCards4Less Auctions.  The unused balance in your Bidding Account will remain in your Bidding Account until you use the funds to submit bids in open Auctions or until you request a refund of the balance.  GiftCards4Less does not charge dormancy fees or non-use fees of any kind.

You may request a refund of the balance in your Bidding Account at any time.  Note that any promotional Free Bid Credits added to your Bidding Account by GiftCards4Less will not be refunded.  (Our promotional Free Bid Credits have no cash value, are nonrefundable, and can only be used towards submitting bids in future auctions.  Free Bid Credits are awarded by GiftCards4Less during special promotions announced on our GiftCards4Less Auction website.)

If you would like a refund of the balance remaining in your Bidding Account minus any promotional Free Bid Credits you may have received, please submit a request to GiftCardServices@GiftCards4Less.com within 60 days after depositing the funds into your Bidding Account.  We will issue a refund in full to your PayPal account for up to 60 days after the funds were sent to us via PayPal.  If you request a refund 60 days after the funds were deposited into your Bidding Account, a nominal processing fee (equal to the PayPal fees we incurred to accept your deposit of funds into your Bidding Account) will be charged for the returned payment.

In the event a dispute arises out of or in connection with your Bidding Account or any Auction for which you have submitted a bid, GiftCards4Less reserves the right to block access to your Bidding Account and to withhold any outstanding gift card deliveries until we have received payment in full for all bids you have submitted and/or all Auction items you have won.

Bidding on an Open Auction

GiftCards4Less is not responsible for any late, delayed, or misdirected bids as a result of technical disruptions or for any other reason.  GiftCards4Less is not responsible for a User's inability to submit a bid for any reason including but not limited to the User's inability to access the GiftCards4Less Auction website due to any computer, online, telephone, or other technical malfunctions of any kind that may occur.

Our GiftCards4Less Highest Unique Blind Bid Gift Card Auctions are structured so that Users submit blind bids during an open Auction.  All bids are sealed so that Users do not see the bids submitted by any other Users participating in the open Auction.

A new Auction will open for bidding approximately three days after the close of a current Auction.  A new Auction will open for bidding at either 11 AM Eastern or 8 PM Eastern time.

Once you complete the GiftCards4Less Auction Registration Form to create your Account Profile and establish your eligibility, you will be permitted to submit bids in any of our GiftCards4Less open Auctions for a specified Bid Fee for every bid you submit.  You understand and agree that the Bid Fee is deducted from your Bidding Account Balance for each bid submitted in the Auction at the time you submit your bid, whether the bid ultimately is a successful winning bid or not.  Your Bidding Account Balance provides a current balance of funds available for bidding and a transaction history of credits posted to the account.

GiftCards4Less limits the total number of bids each User can submit in an open Auction ("Max. # of Bids per Person") so that the Bid Fees incurred by a User total no more than 75% of the face value of the gift card that is up for auction.

When you are ready to submit a bid, you must use the "Submit Bid" form to submit your bid in U.S. dollars and cents at or below a defined maximum bid amount ("Max. Bid Amount") for the gift card that is up for auction.  The Max. Bid Amount listed for an Auction is the maximum amount that you can bid to purchase the gift card.  Bids submitted by you cannot exceed the Max. Bid Amount set for that particular Auction.  You must submit your bids equal to or less than the Max. Bid Amount, down to as low as $0.01.  (Zero and negative bid amounts are not allowed.)  Our low maximum bid amounts keep the bids low, which in turn keeps the purchase price of the gift cards low.  The winning bidder is able to purchase the gift card for an amount equal to his/her Highest Unique Bid, which is a fraction of the face value of the gift card.

When you submit a bid for an Auction, you will be given three opportunities to review your bid amount: (1) You will be asked to enter your bid in the "Enter Bid" box; (2) You will be asked to re-enter your bid in the "Confirm Bid" box; and (3) You will be asked to click the "Bidding Agreement" checkbox, which states that you understand and agree that once you submit a bid for an Auction, GiftCards4Less will not refund the Bid Fee.  Once you click on the "submit" button, the amount you bid will appear in the section of your Auction Account titled "My Bidding History for This Auction" ("My Bidding History").

All bids are processed in the order in which they are received, as determined by the records in our database.  Every bid you submit will be assigned a unique Bid Identification Number ("Bid ID#") for that Auction.

In the event you claim there is an inconsistency between the bid you submitted and the bid displayed in your Bidding History, the amount of the bid you submitted will be determined by GiftCards4Less based on the records in our database.  The decision by GiftCards4Less regarding the amount of the bid you submitted shall be final, except in the case of manifest error.

You acknowledge that you have ample opportunity to check the accuracy of your bid amount before submitting your bid.  Further, you understand and agree that once you have submitted a bid for an Auction, the bid is binding and GiftCards4Less will not refund the Bid Fee.  PLEASE READ THIS CAREFULLY!  Refunds of Bid Fees are not available once you have submitted a bid for any of our Auctions.

You agree that you shall not manipulate our GiftCards4Less Auctions in an attempted non-payment of bids.  You represent, warrant, and covenant that the Bid Fees you incur will be honored by you and that you will not request a refund of those Bid Fees, whether your bid ultimately is a successful winning bid or not.

Your Bidding History will give you immediate feedback as to the current status of your bid.  Your Bidding History will show the date and time of your bid, the amount of your bid, and the current status of your bid as either a unique bid, a duplicate bid, the highest unique bid, or the highest duplicate bid:

Unique Bid - A unique bid is a bid that is not identical to any other bid submitted in the Auction; a unique bid is one in which the amount bid is the only one of that value because it has not been selected by any other bidder.

Duplicate Bid - A duplicate bid is a bid that is identical to at least one other bid submitted in the Auction; a duplicate bid is one in which the amount bid is not the only one of that value because it has been selected by at least one other bidder.

Highest Unique Bid - The Highest Unique Bid is a bid amount that is both: (1) Highest - a bid amount submitted closest (or equal) to the Max. Bid Amount for the Auction; and (2) Unique -- a bid amount submitted where no other bidder has bid the exact same amount.

Highest Duplicate Bid - The highest duplicate bid will only be displayed in the event there are no unique bids in an Auction.  If at the close of an Auction every bid submitted was duplicated by one or more additional exact same bids, then there are no unique bids for that Auction.  In the unlikely event that there are no unique bids at the close of the Auction, then the FIRST bidder to submit a bid closest (or equal) to the Max. Bid Amount for the Auction is deemed to have the Highest Duplicate Bid and is declared the winner of the Auction.

Example #1

Suppose in an open Auction with a Max. Bid Amount of $8.00, the following six bids are submitted:

Bid # 1 = $7.94  <-- duplicate bid
Bid # 2 = $7.48  <-- duplicate bid
Bid # 3 = $7.98  <-- unique bid
Bid # 4 = $7.48  <-- duplicate bid
Bid # 5 = $7.99  <-- highest unique bid
Bid # 6 = $7.94  <-- duplicate bid

The $7.98 and $7.99 bids are unique bids.  And the $7.99 bid is also currently the Highest Unique Bid.  The $7.94 and $7.48 bids are duplicate bids.

Example #2

Suppose in an open Auction with a Max. Bid Amount of $1.00, the following six bids are submitted:

Bid #1 = $1.00  <-- highest duplicate bid
Bid #2 = $0.37  <-- duplicate bid
Bid #3 = $0.79  <-- duplicate bid
Bid #4 = $0.37  <-- duplicate bid
Bid #5 = $0.79  <-- duplicate bid
Bid #6 = $1.00  <-- duplicate bid

There are no unique bids, and $1.00 is the Highest Duplicate Bid.  In the unlikely event that no unique bids are submitted by the close of this Auction, the FIRST of the two bidders who submitted the $1.00 bids will be declared the winner for this Auction.

Note: It is important to keep in mind that during an open Auction, the Highest Unique Bid may frequently change as additional bidders submit their bids.  The status of a bidder's unique bid could change to a duplicate bid at any time if any other bidder bids the exact same amount.  Use your Bidding History to monitor the status of your bids.

The section of your Auction Account titled "Bidding Breakdown for This Auction" is useful for developing a strategy in submitting successful winning bids.  The breakdown provides detailed information regarding your total unique and duplicate bids for the Auction as well as competing bidders' unique and duplicate bids for the Auction.  You can use this information to develop a strategy as you submit additional bids before the Auction closes.

Determining the Winning Bidder of a Closed Auction

Each Auction immediately closes/ends when the Bids Required to Close the Auction are reached.  The Bids Required to Close are the total number of bids submitted by Users that must be accepted by GiftCards4Less for the Auction to close.  Additionally, the Bids Required to Close are the largest number of bids that can be submitted by Users for the Auction.  Example: If the Bids Required to Close an Auction are 74, then once Users have submitted a total of 74 bids, the Auction will immediately close.

The Bids Required to Close will be determined by GiftCards4Less prior to the start of the Auction and will be listed in the details for that particular Auction.  Once the Bids Required to Close an Auction have been established, the Bids Required to Close for that Auction will not change.  The Bids Required to Close an Auction will not be exceeded under any circumstances.

Once Users submit bids in an open Auction, they will see the number of bids remaining ("Bids Remaining") for that Auction.  The Bids Remaining are the total numbers of bids that must be submitted by Users before the Auction can close.

If the total Bids Required to Close an Auction has been achieved while a User is in the process of submitting a bid for that Auction, the User will receive a message that the Auction has closed.  The User can return to the GiftCards4Less Auction home page and select another Auction in which to submit a bid.

When an Auction closes, the results will be posted on our website under "Auction Winners."  If you submitted bids in the Auction, you will also be able to see the same Auction results in the section of your Auction Account titled "Completed Auction Detail" under the "Past Auctions" link or under the "Auctons Won" link.  The Auction results will identify the amount of the Highest Unique Bid for the gift card and the winning bidder who submitted the Highest Unique Bid out of all the bids submitted for the Auction.  The Auction results will also show a detailed breakdown of all bids submitted prior to the close of the Auction.  The Auction results will show: the unique Bid ID # for each bid submitted; the date and time each bid was submitted; the Username, city, and state of each bidder; the amount of each bid submitted; and whether the bid was a unique bid or a duplicate bid.

Note: The winning bidder is determined by GiftCards4Less based on the records in our database.  The decision by GiftCards4Less regarding who is the winning bidder shall be final, except in the case of manifest error.

At the close of an Auction, we will extend the winning bidder an offer to purchase the gift card for an amount equal to his/her Highest Unique Bid.  GiftCards4Less reserves the right in our sole discretion to attempt to contact the winning bidder by email, telephone, standard mail, or any other means that we deem necessary and appropriate to notify the winning bidder of our offer to purchase the gift card for an amount equal to his/her Highest Unique Bid.

If the winning bidder accepts the offer to purchase the gift card, the winning bidder must use PayPal to pay for the gift card via a "pay winning bid amount" link provided in the winning bidder's Auction Account.  Payment by the winning bidder of an amount equal to his/her Highest Unique Bid creates a legally binding contract for the purchase of the gift card by the winning bidder from GiftCards4Less.

If the winning bidder fails to pay an amount equal to his/her Highest Unique Bid for the gift card, then the winning bidder forfeits the right to purchase the gift card.  In that event, the bidder who submitted the second Highest Unique Bid will be extended an offer by email to purchase the gift card for an amount equal to his/her bid.  If that bidder fails to pay for the gift card within 15 days of the email notification of the opportunity to purchase the gift card, then that bidder forfeits the right to purchase the gift card.  In that event, the bidder who submitted the third Highest Unique Bid will be extended an offer by email to purchase the gift card for an amount equal to his/her bid.  If that bidder fails to pay for the gift card within 15 days of the email notification of the opportunity to purchase the gift card, then that bidder forfeits the right to purchase the gift card.  This process will continue until one of the alternate Highest Unique Bid winning bidders accepts the offer to purchase the gift card and he/she pays for the gift card.

[Note: If at the close of an Auction EVERY bid submitted was duplicated by one or more additional exact same bids, then there are no unique bids for that Auction.  In the unlikely event that there are no unique bids at the close of the Auction, then the FIRST bidder to submit a bid closest (or equal) to the Max. Bid Amount for the Auction is deemed to have the Highest Duplicate Bid and is declared the winner of the Auction.  In this scenario, when the Auction closes, the Auction results will identify the Highest Duplicate Bid as the winning bid.  The winning bidder will be extended an offer to purchase the gift card for an amount equal to his/her Highest Duplicate Bid.  If the winning bidder accepts the offer to purchase the gift card, the winning bidder must use PayPal to pay for the gift card via a "pay winning bid amount" link provided in the winning bidder's Auction Account.

If the winning bidder fails to pay an amount equal to his/her Highest Duplicate Bid for the gift card, then the winning bidder forfeits the right to purchase the gift card.  In that event, the bidder who was the SECOND bidder to submit the Highest Duplicate Bid will be extended an offer by email to purchase the gift card for an amount equal to his/her bid.  If that bidder fails to pay for the gift card within 15 days of the email notification of the opportunity to purchase the gift card, then that bidder forfeits the right to purchase the gift card.  This process will continue until one of the alternate Highest Duplicate Bid winning bidders accepts the offer to purchase the gift card and he/she pays for the gift card.]

All gift cards will be sold following the conclusion of their respective Auctions.  If any winning bidder who submitted the Highest Unique Bid in an Auction (or the Highest Duplicate Bid if there are no unique bids at the close of the Auction) forfeits the right to purchase the gift card as described above, then alternate winning bidders will be selected as needed until the gift card is sold.

Winning Bidder Options

As described above, once an Auction closes the winning bidder will be extended an offer to purchase the gift card for an amount equal to his/her winning bid.  There are three Winning Bidder Options available to the winning bidder once he/she pays for the gift card using PayPal:

The winning bidder can take delivery of his/her gift card.

GiftCards4Less will mail the gift card to the winning bidder's PayPal Confirmed Shipping Address free of charge via the United States Postal Service within approximately 48-72 hours following the winning bidder's selection of this option. (Note that the approximate 48-72 hour processing time excludes weekends and holidays.)

For a 15% trade fee, the winning bidder can trade in his/her gift card to GiftCards4Less for almost any OTHER gift card of the same dollar value that the winning bidder prefers.

If the winning bidder selects this option, the winning bidder must specify on the Winning Bidder Options form the merchant gift card that the winning bidder would prefer.  Thereafter, GiftCards4Less will review the winning bidder's offer to trade.

If GiftCards4Less does NOT accept the winning bidder's offer to trade, then the winning bidder will receive notification of our decision via the winning bidder's Auction Account.  The winning bidder will have to click on the "Choose Alternate Winning Bidder Option" link in order to select another winning bidder option.

Provided that GiftCards4Less is able to obtain the winning bidder's preferred gift card with a reasonable amount of effort and within a reasonable amount of time, we will accept the winning bidder's offer to trade.  Thereafter, we will send an invoice to the winning bidder's PayPal account for the trade fee, which is 15% of the value of the winning bidder's preferred gift card.

The winning bidder must pay the 15% trade fee directly to GiftCards4Less using PayPal within 30 days of the date of the invoice.  (If the winning bidder fails to pay the 15% trade fee invoice within 30 days, then we will ship the original gift card purchased by the winning bidder after the close of the Auction.  We will mail the original gift card to the winning bidder's PayPal Confirmed Shipping Address free of charge via the United States Postal Service within approximately 48-72 hours following expiration of the 30-day payment deadline.  Note that this approximate 48-72 hour processing time excludes weekends and holidays.)

After the winning bidder pays the invoice for the 15% trade fee, GiftCards4Less will mail the winning bidder's preferred gift card to the winning bidder's PayPal Confirmed Shipping Address free of charge via the United States Postal Service.  We will ship the preferred gift card within approximately 48-72 hours following receipt of the winning bidder's cleared payment, provided that we are able to obtain the preferred gift card within that time frame.  Note that this approximate 48-72 hour processing time excludes weekends and holidays.

If, however, the winning bidder chooses to trade for a gift card from a merchant that is not nationwide and we have to order the winning bidder's preferred gift card online or by phone, then we will mail the gift card to the winning bidder's PayPal Confirmed Shipping Address within a reasonable amount of time after we receive the gift card from the preferred merchant.

Note: Some merchants limit the availability of their gift cards to certain smaller denominations (e.g., the largest gift card offered by some merchants is $100).  If GiftCards4Less is unable to purchase only one gift card from the winning bidder's preferred merchant equal to the amount due the winning bidder for the trade, then we will buy the largest denominated gift cards available from the merchant to total the amount due the winning bidder for the trade.

For a 25% cashback fee, the winning bidder can sell his/her gift card to GiftCards4Less for cash.

If the winning bidder selects this option, GiftCards4Less will buy back the winning bidder's gift card at 75% of face value.  The winning bidder can choose to (a) have the payment sent to the winning bidder's PayPal account, (b) receive the payment via cashier's check or money order (made payable to the PayPal account holder), or (c) have the payment credited to the winning bidder's Bidding Account Balance.

If the winning bidder chooses to have the payment sent to the winning bidder's PayPal account, the payment will be sent within approximately 48-72 hours following the winning bidder's selection of this cash option.  Note that this approximate 48-72 hour processing time excludes weekends and holidays.  (Please be advised that PayPal may assess a transaction fee for the winning bidder to receive this payment.  Premier and Business PayPal accounts are assessed a transaction fee for accepting all payment types; Personal PayPal accounts that accept credit or debit card payments are assessed a transaction fee.)

If the winning bidder chooses to receive the payment via cashier's check or money order, the payment will be mailed to the winning bidder's PayPal Confirmed Shipping Address free of charge via the United States Postal Service within approximately 48-72 hours following the winning bidder's selection of this cash option.  Note that this approximate 48-72 hour processing time excludes weekends and holidays.

If the winning bidder chooses to have the payment credited to the winning bidder's Bidding Account Balance, the payment will be credited immediately following the winning bidder's selection of this cash option.

Example: If you win an auction for a $100 Target gift card but you would prefer cash, you can sell your $100 Target gift card to GiftCards4Less for a 25% cashback fee.  You will receive a payment in the amount of $75.  You can choose to have the $75 payment sent to your PayPal account, issued to you in the form of a cashier's check or money order, or credited to your Bidding Account Balance.

The above three Winning Bidder Options will be displayed in the winning bidder's Auction Account.  Following the winning bidder's purchase of the original gift card he/she won in the Auction, the winning bidder will have a total of seven days to select one of the three Winning Bidder Options.  If the winning bidder does not make a selection within that seven-day time frame, then the three Winning Bidder Options will be removed from the winning bidder's Auction Account.  GiftCards4Less will mail the original gift card to the winning bidder's PayPal Confirmed Shipping Address free of charge via the United States Postal Service within approximately 48-72 hours following expiration of the seven-day Winning Bidder Options selection deadline.  Note that this approximate 48-72 hour processing time excludes weekends and holidays.

Gift Card Shipping Details

GiftCards4Less will only ship our auctioned gift cards to valid United States PayPal Confirmed Shipping Addresses located solely within the 50 states of the United States and the District of Colombia.  We explicitly do not allow shipments to U.S. Territories and military (APO/FPO) addresses.

Upon shipment of a gift card, GiftCards4Less will send the winning bidder a Shipment Tracking and Order Status email via PayPal confirming the shipment date, the shipping company, and the shipment tracking number.

Note: Express delivery of a gift card to a winning bidder is available for an additional fee.  Email us at GiftCardServices@GiftCards4Less.com for additional information.

Generally, GiftCards4Less ships gift cards to winning bidders free of charge via the United States Postal Service.  We may protect our shipments with one or more of the following services in order to provide the maximum security for our gift card shipment, to prevent fraud, and to guarantee that the gift card is properly delivered to the winning bidder: Registered Mail, Restricted Delivery, insurance, electronic return receipt, etc.  A signature will be required upon delivery.

If the shipment to the winning bidder is returned to GiftCards4Less as undeliverable due to any reasons attributable to the winning bidder, we will reship the package Collect on Delivery (COD) to the winning bidder at his/her expense.  Reasons attributable to the winning bidder for the U.S. Postal Service's inability to deliver the original shipment include but are not limited to: (1) an incorrect, misleading, or incomplete PayPal Confirmed Shipping Address; (2) the winning bidder's failure to accept delivery of the shipment; or (3) the winning bidder's failure to arrange for redelivery of the shipment or failure to pick up the shipment at the winning bidder's local post office after receiving delivery attempt notices from the local post office.

Before reshipping the package COD, we will contact the winning bidder for confirmation of his/her correct PayPal Confirmed Shipping Address.  You understand and agree that when we reship the package COD, the U.S. Postal Service will collect the entire cost of postage for the reshipment from the winning bidder at the time of redelivery.  You understand and agree that the cost of postage for the reshipment may include one or more of the following services in order to provide the maximum security for our gift card shipment, to prevent fraud, and to guarantee that the gift card is properly redelivered: Registered Mail, Restricted Delivery, insurance, electronic return receipt, etc.  A signature will be required upon redelivery.

The delivery of gift cards to winning bidders is dependent upon many factors outside of our control, such as delays in the U.S. mail service.  Delivery times may vary, particularly during peak periods.  Note that delivery times do not include processing time; see the GiftCards4Less Auction Terms and Conditions section titled "Winning Bidder Options" for detailed information about our processing times.  GiftCards4Less makes no representations, warranties, or guarantees regarding United States Postal Service transit times.  You understand and agree that GiftCards4Less is not responsible for United States Postal Service transit times.

Return Policy

Each gift card has a unique gift card number, and gift cards are considered the same as cash.  Therefore, all sales are final and gift cards cannot be returned or exchanged once a winning bidder purchases the gift card AND the gift card is shipped to the winning bidder.

Exception: GiftCards4Less grants the winning bidder the right to cancel his/her purchase of the gift card provided the gift card has not yet been shipped to the winning bidder AND provided that the winning bidder informs us of the decision to cancel by email at GiftCardServices@GiftCards4Less.com within 72 hours of purchasing the gift card.  Cancellations by phone will not be accepted.  If the winning bidder cancels his/her purchase, the winning bidder is entitled to a refund of the amount paid for the gift card.  The amount paid for the gift card is an amount equal to the winning bidder's Highest Unique Bid (or Highest Duplicate Bid in the event there were no unique bids at the close of the Auction).

Privacy Policy

When you use the GiftCards4Less Auction website, GiftCards4Less will exercise due care in handling your personal information.  Your personal information will be held in strict confidence.  GiftCards4Less reserves the right to involve third parties to satisfy our contractual obligations without being required to notify any User participating in our Auctions. You understand and agree that in the event that another company buys the assets of GiftCards4Less, your personal information may then belong to another entity.

GiftCards4Less does not sell, rent, distribute, share, disclose, or publish in any manner the personal information you provide through our GiftCards4Less website except as permitted or required by law.  We reserve the right to cooperate with local, state, and national officials requiring personal information in any investigation of unlawful activities.  We will disclose information to third parties about your Auction Account in order to comply with government agency or court orders.

To better serve you and to help ensure that your online transactions are secure, GiftCards4Less uses session identifiers, also known as "cookies." These temporary cookies are small data files stored by your web browser on your computer's hard drive.  We use temporary cookies to allow you to move easily and securely between our web pages and to complete transactions.  These temporary cookies do not contain personally identifying information.  These temporary cookies do not gather and store information about your visits to other websites.

You can, of course, disable cookies on your computer by indicating this in the Preferences or Options menus in your web browser.  However, it is possible that some parts of our GiftCards4Less website will not operate correctly if you disable cookies.  You understand and agree that GiftCards4Less is not responsible for any errors, omissions, or inaccuracies caused by your disabling of cookies.

Unauthorized Transactions

You can inspect your transaction history at any time by logging in to your Auction Account on the GiftCards4Less Auction website.  In the event of any unauthorized access to or use of your Auction Account by another person or entity not under your control and supervision, or in the event of any other breach or attempted breach of the security of your Auction Account or the GiftCards4Less website, you agree that you will immediately notify GiftCards4Less at GiftCardServices@GiftCards4Less.com.  Further, you agree to promptly change your Password and take whatever other steps you deem helpful and necessary to secure your Auction Account.  Following notification by you of the security breach with your Auction Account, we will suspend your Auction Account pending the results of our investigation.

If you have reason to believe that an unauthorized bid has occurred on your Auction Account, you may contest the validity of a bid not submitted by you by contacting us at GiftCardServices@GiftCards4Less.com to request an Unauthorized Transaction Report Form.  You must request the Unauthorized Transaction Report Form within 72 hours of the submission of the allegedly unauthorized bid.  You must complete the Unauthorized Transaction Report Form online within 48 hours after we send the form to you via email.  You must also print a hard copy of the Unauthorized Transaction Report Form, sign it, and mail it via the United States Postal Service First-Class Mail to our address provided on the form.  The hard copy of the Unauthorized Transaction Report Form must be postmarked no later than 10 business days following your completion of the online form.

If you do not report any allegedly unauthorized transactions within the stated time periods and if you do not comply with the reporting requirements, you may be liable for all allegedly unauthorized transactions on your Auction Account.

In completing the Unauthorized Transaction Report Form, you will be required to attest to the fact that neither you, anyone authorized by you, nor anyone with your knowledge or consent received or will receive any benefit or value as a result of the submission of the allegedly unauthorized bid.  Please note that a bid made by a family member who has access to your Auction Account does not qualify as an unauthorized transaction.

Once we receive both versions of your Unauthorized Transaction Report Form within the corresponding deadlines, GiftCards4Less will review the documents.  (Remember that the online version must be received by us within 48 hours after we send the Unauthorized Transaction Report Form to you via email; the hard copy version must be sent to us via the United States Postal Service First-Class Mail and must be postmarked no later than 10 business days following your completion of the online form.) We will advise you of the results of our investigation in writing within 10 business days after we receive both versions of your Unauthorized Transaction Report Form.

GiftCards4Less reserves the right in our sole discretion to determine whether to cancel any allegedly unauthorized bid.  Note: Bids cannot be reinstated after they have been cancelled.

If GiftCards4Less finds that the submission of an allegedly unauthorized bid was valid, we will not cancel the bid.  If, however, we find that the bid was unauthorized, we will cancel the bid.  For security reasons, we will also cancel your Auction Account.  You will be entitled to a credit for the Bid Fee incurred as a result of the unauthorized bid.  And you will be entitled to any balance remaining in your Bidding Account Balance (minus any promotional Free Bid Credits you may have received).  GiftCards4Less reserves the right in our sole discretion to determine whether you will be permitted to open a new Auction Account.

WARNING: You understand and agree that if you execute and submit a fraudulent Unauthorized Transaction Report Form, you are responsible for any losses incurred by GiftCards4Less.  We reserve the right to institute legal proceedings against you to recover any and all damages that GiftCards4Less may suffer related to your failure to submit a valid Unauthorized Transaction Report Form that is free from any fraudulent activity.  You agree to pay GiftCards4Less for all collection fees, attorney's fees, court costs, and other expenses involved in collecting any damages hereunder.

WARNING: The fraudulent submission of an Unauthorized Transaction Report Form constitutes mail fraud under the U.S. Mail Fraud Statute (Title 18, United States Code, Section 1341).

WARNING: Abuse of this Unauthorized Transactions policy by you may result in a range of actions including Auction Account suspension, Auction Account cancellation, referral to law enforcement, etc.

Disqualification

GiftCards4Less reserves the right in our sole discretion to temporarily or permanently disqualify a User or disable their account at any time, without notice, and for any reason.

GiftCards4Less reserves the right to cancel a User's bids at any time, without notice, and for any violation of these GiftCards4Less Auction Terms and Conditions.

You agree that you shall not create multiple User accounts, create User accounts by automated means, or create User accounts under false or fraudulent pretenses.

You agree that you shall not impersonate other individuals or make false representations.

You agree that you shall not create usernames for your Auction account that impersonate other individuals or make false representations.

You agree that you shall not use profanity, particularly in the creation of a Username for your Auction account.  You agree that you shall not deliberately alter words with the intent of bypassing our profanity filter.

You agree that you shall not use our GiftCards4Less Auction website for any fraudulent or inappropriate purpose.

You agree to participate fairly and honestly in our Auctions.  You agree that you shall not under any circumstances disclose the details of your bids to any other person before the close of the Auction.  Specifically, you agree that you shall not collude or enter into any arrangement of any kind with any other User.

You agree that you shall not manipulate or attempt to manipulate our GiftCards4Less Auctions in any way.  All activity in relation to our Auctions must be conducted by an individual User and must not be computer generated.  Use of third-party bidding software and any other computer-generated activity will be deemed invalid, and any purported bids under such circumstances will be cancelled.

Violation of any of the following may result in the immediate cancellation of your Auction account and may subject you to civil and criminal penalties and damages:

Use of our GiftCards4Less Auction website in violation of these GiftCards4Less Auction Terms and Conditions;

Use of our GiftCards4Less Auction website in violation of applicable local, state, national, and international rules, regulations, and laws;

Use of our GiftCards4Less Auction website to upload, transmit, or otherwise distribute any content that is unlawful, infringing of intellectual property rights, defamatory, harassing, abusive, disrespectful, fraudulent, obscene, pornographic, contains viruses, or is otherwise objectionable;

Uses of our GiftCards4Less Auction website to intentionally distribute harmful code including spyware or malware or engage in a denial of service attack on our website or its Users.

The above is a non-exclusive list and is in no way intended to be limited to the violations listed.  The violations named above are listed by way of example only.

You understand that when, in the reasonable opinion of GiftCards4Less, you have violated any laws or abused your Auction account to the detriment of other Users, to the detriment of third parties, or to the detriment of GiftCards4Less, we shall pursue such civil and criminal penalties and damages to the full extent of the law to protect our rights, the rights of other Users, and the rights of third parties.  Any abuse of your Auction account shall result in the immediate cancellation of your Auction account and, if applicable, the reporting of a crime.

In case of a breach of these GiftCards4Less Auction Terms and Conditions by you, GiftCards4Less reserves the right to withhold the delivery of gift cards to you in the event you are deemed a winning bidder.  Additionally, in case of a breach of these GiftCards4Less Auction Terms and Conditions by you, GiftCards4Less reserves the right to withhold refunds requested by you from your Bidding Account.

GiftCards4Less reserves the right, but shall have no obligation, to investigate your use of this Auction website: (a) in order to determine whether a violation of these GiftCards4Less Auction Terms and Conditions has occurred; and (b) to comply with any applicable rule, regulation, law, legal process, or governmental request.

Assignment

You may not transfer or assign any rights or obligations you have under this Agreement without the prior written consent of GiftCards4Less.

GiftCards4Less reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.

Errors

Although every effort is made to ensure that the information and content available on our GiftCards4Less Auction website is correct, accurate, complete, reliable, and current, we make no warranty or guarantee that the information and content on our website is correct, accurate, complete, reliable, or current.  We will not be held liable or responsible to you if any error or omission exists.  We reserve the right to correct any errors, typos, inaccuracies, or omissions and/or update the information and content on our website at any time without prior notice.

We reserve the right to audit the results of all of our Auctions and any other transactions described in these GiftCards4Less Auction Terms and Conditions.  Auction results are not binding upon GiftCards4Less until they are reviewed and accepted by GiftCards4Less.

We also reserve the right to modify, suspend, or cancel at any time without prior notice (including after your bids have been submitted) any Auction containing any error, inaccuracy, omission, or unauthorized transaction where we feel that proceeding with the Auction will put GiftCards4Less or any other party in a vulnerable position either financially or for any other justifiable reason where the integrity or proper functioning of the Auction may have been corrupted (including but not limited to computer bugs and viruses, technical failures, unforeseen corruption of data, coding errors, unauthorized access, unauthorized intervention, tampering, fraud, etc.).

Should the need arise to cancel an Auction for any reason, GiftCards4Less will contact all affected Users to notify them of the cancellation by email, provided a valid contact email address has been maintained in the User's Account Profile.  If an Auction is cancelled after you have submitted bids for that Auction, we will issue a credit to your Bidding Account Balance equal to the amount of Bid Fees you incurred to submit those bids.  You understand and agree that your sole remedy in the event an Auction is cancelled after you have submitted bids for that Auction is a credit to your Bidding Account Balance equal to the amount of Bid Fees you incurred to submit those bids.

Availability of GiftCards4Less Website

While we will use all reasonable care to make our GiftCards4Less Auction website available, we make no warranty or guarantee that our website will operate continuously or without interruptions.  We will not be held liable or responsible to you for any failure to provide or delay in providing our website, or for any failure of the website to operate whether or not resulting from any event or circumstance beyond our reasonable control including but not limited to strikes, lockouts, and other industrial disputes; breakdown of systems or network access; fire; explosion; or accident.  We will not be held liable or responsible to you for any failure of our website to properly accept, receive, record, or process any bids or any deposits to your Bidding Account Balance at any time or during any period of time.

Events Beyond Our Control

You expressly absolve and release GiftCards4Less from liability for any losses, claims, damages, harms, suits, or expenses including any and all legal expenses, that are suffered through the use of our GiftCards4Less website and result from a cause beyond our control including but not limited to: failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; interruption of power supplies; failure of sources of supply; market failure; computer viruses; unforeseen corruption of data; coding errors; unauthorized access; interference by a third party; theft; operator errors; severe weather; earthquakes or other natural disasters; strikes, industrial disputes, or other labor problems; wars; terrorism; or governmental restrictions or other acts of government.

Governing Law

The substantive and procedural laws of the State of Colorado govern these GiftCards4Less Auction Terms and Conditions and each Auction.  You and GiftCards4Less agree to submit to the exclusive jurisdiction of, and venue in, the courts of the State of Colorado in any dispute arising out of or in connection with these GiftCards4Less Auction Terms and Conditions or any Auction.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT ALL MATERIALS, DOCUMENTS, INFORMATION, DATA, SOFTWARE, PRODUCTS, FUNCTIONS, SERVICES AND OTHER CONTENT (COLLECTIVELY, THE "CONTENT") INCLUDED IN OR AVAILABLE THROUGH OUR GiftCards4Less WEBSITE ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR PERSONAL USE.  ALTHOUGH WE USE REASONABLE EFFORTS TO MAINTAIN THE ACCURACY AND COMPLETENESS OF THE CONTENT ON OUR WEBSITE, WE DO NOT, HOWEVER, MAKE ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO ITS ACCURACY, COMPLETENESS, OR ADEQUACY.  ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, WE DO NOT, HOWEVER, MAKE ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES THAT THE CONTENT ON OUR WEBSITE DOES NOT CONTAIN SUCH DESTRUCTIVE FEATURES.  YOU EXPRESSLY AGREE THAT YOU USE THE GIFTCARDS4LESS WEBSITE AND CONTENT AT YOUR OWN RISK.  IF YOU ARE DISSATISFIED WITH OUR GIFTCARDS4LESS WEBSITE, ANY CONTENT ON OUR WEBSITE, OR WITH THESE GIFTCARDS4LESS AUCTION TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR GIFTCARDS4LESS WEBSITE AND CONTENT.  BY YOUR USE OF THE GIFTCARDS4LESS WEBSITE AND CONTENT, YOU ACKNOWLEDGE THAT YOUR USE OF OUR WEBSITE AND CONTENT IS AT YOUR OWN RISK.

GIFTCARDS4LESS, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, OR ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, OR WARRANTIES THAT: THE WEBSITE WILL BE AVAILABLE AT ALL TIMES FOR CONTINUOUS, UNINTERRUPTED ACCESS TO ANY PART OF OUR SERVICES; THE CONTENT WILL BE AVAILABLE ON THE GIFTCARDS4LESS WEBSITE AT ANY SPECIFIC TIME OR LOCATION; THE WEBSITE IS TIMELY AND FREE OF DELAYS; THE OPERATION OF OUR WEBSITE WILL NOT BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL; THE CONTENT WILL MEET YOUR NEEDS OR REQUIREMENTS, OR IS OF A CERTAIN QUALITY; THE CONTENT OF OUR WEBSITE OR ANY WEBSITES LINKED TO OUR WEBSITE IS ACCURATE, CORRECT, ERROR-FREE, MISTAKE-FREE, RELIABLE, OR COMPLETE; ANY DEFECTS OR ERRORS WILL BE CORRECTED; THE CONTENT IS FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS; THE WEBSITE IS SECURE; OR YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECOMMENDATIONS ON THE WEBSITE.  NO ADVICE OR INFORMATION AVAILABLE ON THE WEBSITE SHALL CREATE ANY WARRANTY NOT STATED IN THE GIFTCARDS4LESS AUCTION TERMS AND CONDITIONS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIFTCARDS4LESS, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, OR ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY, AS TO THE OPERATION AND PERFORMANCE OF THE GIFTCARDS4LESS WEBSITE, THE CONTENT INCLUDED ON THE WEBSITE, AND YOUR USE THEREOF.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIFTCARDS4LESS, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, OR ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND REGARDING OUR WEBSITE SERVICES, WHETHER EXPRESS OR IMPLED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE, OR PERFORMANCE.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.  THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL GIFTCARDS4LESS, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, OR ANY THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, MISUSE OF, RELIANCE ON, OR INABILITY TO USE: ANY ASPECT OF OUR GIFTCARDS4LESS WEBSITE (INCLUDING INFORMATION OR CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OUR WEBSITE, AND ANY CLAIM RELATED TO THESE GIFTCARDS4LESS AUCTION TERMS AND CONDITIONS); ANY SERVICES PROVIDED THROUGH OUR WEBSITE; ANY TRANSACTIONS YOU ENTER INTO THROUGH INFORMATION CONTAINED WITHIN ANY PART OF OUR WEBSITE; OR ANY GOODS OR SERVICES PURCHASED FROM MERCHANTS USING GIFT CARDS YOU OBTAIN FROM OUR AUCTION WEBSITE.  THE GIFT CARD MERCHANTS SHALL BE SOLELY LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY GOODS OR SERVICES YOU PURCHASE OR OBTAIN FROM THOSE GIFT CARD MERCHANTS USING GIFT CARDS YOU OBTAIN FROM OUR AUCTION WEBSITE.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON AN ACTION IN CONTRACT OR TORT (INCLUDING BUT NOT LIMITED TO WARRANTY, NEGLIGENCE, OR STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, EVEN IF GIFTCARDS4LESS WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBILE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  THEREFORE, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.  OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN ANY JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY APPLIES TO ANY AND ALL CLAIMS, ACTIONS, SUITS, EXPENSES INCLUDING ANY AND ALL LEGAL EXPENSES, LOSSES, LIABILITIES, PERSONAL INJURY, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, CAUSED BY ANY FAILURE OF PERFORMACE INCLUDING BUT NOT LIMITED TO THE FOLLOWING, WHETHER OR NOT SUCH FAILURE IS THE FAULT OF GIFTCARDS4LESS, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, OR ANY THIRD PARTY PROVIDFERS: THOSE THAT RESULT FROM ANY ACT OF GOD; MISTAKES; ERRORS OR OMISSIONS IN ANY INFORMATION; INTERRUPTION OF OUR SERVICES; SUSPENSION OF OUR SERVICES; TERMINATION OF OUR SERVICES; TECHNICAL PROBLEMS; DELAY, INTERRUPTION, OR CESSATION IN OPERATION OR TRANSMISSION TO OR FROM OUR GIFTCARDS4LESS WEBSITE; MECHANICAL OR ELECTRICAL EQUIPMENT FAILURE; SYSTEM MALFUNCTION OR FAILURE; UTILITY FAILURE; COMMUNICATION LINES FAILURE; TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER); DELETION OF FILES OR EMAIL; DEFECTS; SOFTWARE BUGS, COMPUTER VIRUSES, TROJAN HORSES, ANY DISABLING DEVICES, OR THE LIKE THAT MAY INFECT YOUR EQUIPMENT, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; SABOTAGE; ACCIDENT; CASUALTY; THEFT; BODILY INJURY; PROPERTY DAMAGE; DESTRUCTION; OPERATOR ERRORS; STRIKES OR OTHER LABOR PROBLEMS; UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; OR UNAUTHORIZED ACCESS TO OR ALTERATION OF OUR RECORDS, PROGRAMS, OR SERVICES.  NEITHER GiftCards4Less, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, NOR ANY THIRD PARTY PROVIDERS WILL BE HELD LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY ANY USERS OF OUR GIFTCARDS4LESS AUCTION WEBSITE, OR BY THIRD PARTIES; THE RISK OF DAMAGE, LOSS, INJURY, OR LIABILITY FROM THE FOREGOING RESTS ENTIRELY WITH EACH AUCTION WEBSITE USER.

NOTWITHSTANDING THE ABOVE, IN THE EVENT THAT GIFTCARDS4LESS, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, OR ANY THIRD PARTY PROVIDERS ARE FOUND LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY MATTER ARISING OUT OF OR RELATED TO THE USE OF OUR GIFTCARDS4LESS WEBSITE, THE AMOUNT OF DAMAGES RECOVERABLE IS LIMITED.  OUR SOLE OBLIGATION AND LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED, AT OUR OPTION, TO A REFUND/CREDIT TO YOUR BIDDING ACCOUNT BALANCE EQUAL TO THE AMOUNT OF BID FEES YOU INCURRED TO SUBMIT YOUR BIDS.  IN NO EVENT SHALL WE BE LIABLE FOR AN AMOUNT THAT EXCEEDS THE AMOUNT OF BID FEES YOU ACTUALLY INCURRED PURSUANT TO THE USE OF OUR WEBSITE TO SUBMIT YOUR BIDS.  THE FOREGOING REMEDY SHALL BE SUBJECT TO YOUR WRITTEN NOTIFICATION OF AN UNAUTHORIZED BID ON YOUR AUCTION ACCOUNT AND YOUR RETURN OF AN UNAUTHORIZED TRANSACTION REPORT FORM ONLINE AND VIA THE UNITED STATES POSTAL SERVICE FIRST-CLASS MAIL WITHIN THE TIME PERIODS STATED IN THE GIFTCARDS4LESS AUCTION TERMS AND CONDITIONS SECTION TITLED "UNAUTHORIZED TRANSACTIONS." THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

IF ANY PART OF THE FOREGOING LIMITATION OF LIABILITY IS FOUND TO BE INVALID, INAPPLICABLE, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF GiftCards4Less, ITS EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, PARTNERS, OR ANY THIRD PARTY PROVIDERS IN SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS (US $100.00).

GiftCards4less Auction Terms and Conditions effective: 10/17/2013

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