Terms & Conditions

Welcome to The Card Yard, LLC. The Card Yard, LLC provides the TheCardYard.com website (hereinafter “Website” or “Site” or “Service”) and its associated content and services on a limited basis. The following terms and conditions contained within this agreement (hereinafter “Agreement”) govern your use of and access to the Website and contain important information about your rights, duties, and obligations when using the Website. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”), whether or not you are a registered user of our Service.

The Card Yard reserves the right to modify, limit, change, discontinue, or replace this website at any given time.

1. General

You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of The Card Yard, LLC. The Card Yard, LLC neither warrants nor represents that your use of materials displayed on the site will not infringe rights of third parties not owned by or affiliated with The Card Yard, LLC.

THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS THAT APPLY TO THE USE OF THIS SITE BY THE END USER. BY USING THIS SITE (OTHER THAN TO READ THIS AGREEMENT AND THE PRIVACY POLICY), YOU ARE AGREEING THAT YOU HAVE READ, AND AGREE TO COMPLY WITH AND BE BOUND BY, THE TERMS OF THIS AGREEMENT AND THE PRIVACY POLICY IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION.

The right to use this Site is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of The Card Yard, LLC, and The Card Yard, LLC shall not be responsible for any data lost while transmitting information on the Internet. While it is The Card Yard, LLC’s objective to make the Website accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of The Card Yard, LLC, access to the Site may be interrupted, suspended or terminated from time to time.

The Card Yard, LLC shall have the right at any time to change or discontinue any aspect or feature on the Site, including, but not limited to, content, the products and services offered on the Site (collectively, the foregoing shall hereinafter be referred to as the “Services”), hours of availability and equipment needed for access or use, without notice. Further, The Card Yard, LLC may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or the Services or any portion of the Services.

We also reserve the right (but do not assume the obligation), in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to the Services at any time, for any or no reason, with or without prior notice, and without liability.

2. Use of Service

a. Representations
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 18 years of age you may use the Service only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. The Service is not available to any Users previously removed from the Service by The Card Yard.

b. Service Rules
The Card Yard may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in The Card Yard’s sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

All aspects of the Service are subject to change or elimination at The Card Yard ‘s sole discretion. The Card Yard reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that The Card Yard will not be liable to you for any interruption of the Service, delay or failure to perform.

Specifically, you are expressly prohibited from:1. Using a robot, spider, scraper, or other automated technology to access the Website;
2. Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
3. Misrepresenting the value, validity, or expiration date of a gift card;
4. Circumventing The Card Yard’s commissions, fees, or other charges;
5. Circumventing The Card Yard’s technological and physical security measures;
6. Impersonating another;
7. Posting or transmitting content that threatens or encourages bodily harm or destruction of property;
8. Posting or transmitting content that infringes upon the intellectual property rights of other users or third parties;
9. Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
10. Posting or transmitting content intended to collect personal or personally identifiable information from users or third parties.

3. Selling Gift Cards

a. Sale Guidelines.
These are the minimum requirements set forth by The Card Yard, LLC for gift cards sales through our Service.

i. The gift card balance must be exactly as stated at the time of the transaction.
ii. The gift card must have a minimum balance exceeding $25 and a maximum balance not to exceed $100.
iii. The gift card can not have an expiration date.
iv. The gift card must not be a certificate, paper card, or written form of any kind.
v. The gift card must be for an active vendor listed on the “Gift Card Calculator” on the Service Website.
vi. The gift card must not be “Reloadable” style gift card.

b. Seller’s Responsibilities.
You hereby represent and warrant and continue to represent and warrant, in connection with any gift card you sell through or on the Service, the following:

i. The gift card is valid
ii. The gift card is redeemable for the amount of credit that you state through the Service
iii. The gift card does not have a $0 balance.
iv. You have not in any way retained a way to redeem the gift card after the sales transaction; including the retention of the gift card number and PIN for balance inquiries.
v. The gift card and any interest therein is fully transferable to The Card Yard in the manner contemplated by this Agreement
vi. You are the sole lawful owner of the gift card and all interests thereto
vii. The gift card is not subject to any liens, or obligations to a third party
viii. You shall comply with all other requirements to complete the gift card transaction, including the shipping instructions required by The Card Yard service.

c. Transfer of Ownership.
Once you confirm a sale of a gift card to The Card Yard, LLC, you agree to transfer ownership of the gift card and any interest therein to The Card Yard, LLC. You agree that no portion of the gift card and any interest therein will be redeemed at any point subsequent to the transaction by you or anyone else. The Card Yard will not accept responsibility for any gift cards until we receive them in our office and verify the gift card balance. Upon The Card Yard’s verification that all gift cards meet our gift card Sale Guidelines (Sections 3a and 3b), The Card Yard will notify you of the completed sales transaction.

d. Risk of Loss
The Card Yard accepts no liability for any lost or damaged packages, or packages altered in transit, whether in transit to The Card Yard or in return transit to the seller. You agree that until The Card Yard receives all Gifts Cards associated with a sales transaction, you remain liable for all risk of loss. It is the customer’s responsibility to retain all receipts for each gift card sold through the service. Lost or stolen gift cards can usually be replaced by original owner with proof of purchase receipt. Sending a Gift Card or Gift Cards to The Card Yard in no way obligates us to accept ownership of such Gift Card or Gift Cards.

e. Used & Invalid Gift Cards.
You agree that you will be charged a $10 service fee “Service Fee” plus the original value you stated during the sales transaction if the gift card you sold proves to be depleted or invalid once received and verified by The Card Yard, LLC. At The Card Yard’s discretion this may also include gift cards that arrive with “$0” balance. The Card Yard is not responsible for any errors that you have made in entering gift card information and is not liable for any such errors. We will return cards we elect not to accept within ten (10) business days of arrival. The Card Yard may return the gift card to you using the address information you provided during your sales transaction.

f. Payment Terms.
When you sell a gift card on the Website, we guarantee we will pay you promptly upon receipt of your eligible card(s), and the payment amount will be calculated based on the value of the gift card you send to us (which we will verify upon arrival) and the vendor percentage rate you agreed to on the web site during the sales transaction. No sales transaction is complete, and The Card Yard will not incur a payment obligation to you, until The Card Yard accepts delivery of and verifies all gift cards associated with your sales transaction.

g. Shipping Guidelines.
You must package all gift cards securely prior to mailing them to us, in order to ensure your gift cards arrive safely. The Card Yard will provide a shipping label with every sales transaction; which must be printed by the customer; and is valid for up to 30 days. The Card Yard is not responsible for lost or stolen cards with the US Postal mail service. If you would like insurance, tracking, or delivery confirmation when mailing your gift card(s) we can suggest using USPS First Class Mail, USPS Priority, or USPS Certified Mail.

h. Fraud Prevention.
We reserve the right to suspend use of the Service of any Buyer or Seller who we believe, in our sole discretion, abuses or attempts to abuse the Service. We will report any such abuse to the appropriate legal authorities. The Card Yard reserves the right to reject any gift cards that we believe were obtained using fraudulent activity. The Card Yard will actively work with gift card issuers, gift card service providers, credit card vendors, as well as appropriate law enforcement agencies to detect and eliminate fraudulent activity including gift cards purchased with stolen funds, or which may have come from an unauthorized source. Fraudulent activity will not be permitted through The Card Yard service and all violators will be prosecuted to the fullest extent of the law. We are determined to create a safe and secure gift card trading place online.

The Card Yard Fraud Prevention Terms

4. Buying Gift Cards

The Service may allow you to buy Gift Cards. You acknowledge and agree that you must pay for such Gift Cards with a valid credit card (that you are authorized to use) or by other methods as the Service may allow.

5. Privacy Policy

Our Privacy Policy may change from time to time and is a part of this Agreement.

6. Return Policy

Due to the nature of our online site, and the products listed, we “The Card Yard, LLC” have a strict NO RETURN policy for any product unless the balance on the card received does not reflect the balance on the card ordered. If there is no balance discrepancy, no product shall be able to be returned for a like item, or for a cash refund. Additionally, orders cannot be canceled once the order has been placed.

7. Shipping Policy

The Card Yard, LLC will be provide a postage paid shipping label with every sales transaction. For gift cards with high values, and for shipment insurance/tracking/certification we encourage you to ship on your own. We recommend using USPS First Class, USPS Priority, or USPS Certified Mail. You can mail your gift cards to our processing center at:

The Card Yard
Processing Center
PO Box 276
Ventura, CA 93002

8. Payment

You represent and warrant that if you are purchasing something from us or from our Merchants that any credit card information you supply is true, correct and complete, charges incurred by you will be honored by your credit card company, and you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.

9. Third Party Content

The Website may contain links to third party content and websites that are not owned or controlled by The Card Yard. You acknowledge and agree that The Card Yard is not responsible and cannot be held liable for third party content and websites.

10. Disclaimer of Warranties

THE CARD YARD, LLC DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR GOODS PURCHASED THROUGH THE WEBSITE. THE CARD YARD, LLC PROVIDES THE WEBSITE AND THE GOODS SOLD THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

THE CARD YARD, LLC WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE WHETHER OR NOT THAT CONTENT IS TRANSMITTED THROUGH MEMBER ACCOUNTS. THE CARD YARD, LLC DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO A MEMBER ACCOUNT, OR ALTERATION THEREOF. THE CARD YARD, LLC RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

11. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE CARD YARD, LLC WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF GOODS SOLD THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT THE CARD YARD, LLC CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID FOR GOODS PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO THE CARD YARD, LLC, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR STATE OR PROVINCE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW OF YOUR STATE.

12. Additional Provisions

A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

This Agreement and the Privacy Policy incorporated by reference constitute the entire agreement between you and The Card Yard, LLC with respect to the Website. You understand and agree that there are no further understandings, agreements, or representations with respect to the Website that are not specified in this Agreement. You understand and agree that any additional provisions that may appear in any communication from you will not bind The Card Yard, LLC.

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Phewwww now that we said all that, we invite you to browse our site and visit the Gift Card Calculator to see how much cash you can earn for your gift cards. Thanks for taking the time to come play at The Card Yard. Have a great day!

 

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