Welcome to Giftcardsninja.com and our associated mobile applications (coming soon) (collectively, the “Site” or “Gift Cards Ninja” ), an online delivery service for gift cards run by GIFT CARDS NINJA LLC . ( “we” , “our” , “us” or “Gift Cards Ninja Delivery Service” ). Gift Cards Ninja allows you ( “user” , “consumer” , “Member” , “guest” , or “you” ) to purchase giftcards on your behalf for a convience fee in addition to the cost of the actual git card, vouchers, gift codes and other similar pre-paid closed-loop products in electronic and physical form (collectively, “Gift Cards” ).
ALL CARDS ARE FOR UNITED STATES BASED ONLINE PURCHASES ONLY!
GIFTCARDS WILL BE SENT WITHIN 24 HOURS AFTER PAYMENT IS COMPLETE AND RECEIVED (NOT PENDING).
IF YOU HAVE PLACED AN ORDER AND WOULD LIKE TO CANCEL, IT IS YOUR RESPONSIBILITY TO GET IN CONTACT WITH US VIA https://www.giftcardsninja.com/contact-us/ BEFORE THE CODES ARE POSTED TO THE ACCOUNT.
ONCE YOUR ORDER IS FULFILLED AND THE CODES ARE POSTED TO THE ACCOUNT, THE SALE IS FINAL. YOU AGREE THAT YOU ARE INELIGIBLE FOR RETURN, REFUNDS, OR ANY OTHER FORM OF REIMBURSEMENT.
WE DO NOT COVER CARDS THAT ARE LOST OR STOLEN.
2. Registering, Eligibility and Member Account
We permit limited access to Giftcardsninja.com and services available on Giftcardsninja.com to guests and visitors who have not registered a Member Account. In order to access all of the benefits of Giftcardsninja.com, you must set up a Member Account. You may only set up one Member Account on the Site. Furthermore, you must fully comply with the following requirements: (i) provide complete, current and accurate information at time of registration, (ii) update all relevant Account information to keep it current and accurate (iii) select a security code for your Member Account that is not easy to guess or hack, and (iv) maintain the security and confidentiality of your Member Account, including any access or use of security codes associated with your Member Account, so as to minimize the risk of unauthorized access of your Member Account. Finally, you agree to inform Giftcardsninja.com immediately if you suspect that your Member Account at Giftcardsninja.com has been hacked or subject to any unauthorized access or use. You agree that Giftcardsninja.com may verify your information through whatever lawful means it deems reasonable and appropriate, to request additional information to confirm your identity and to deny you access to Giftcardsninja.com if it determines any information provided is suspect, not accurate or cannot be confirmed.
We reserve the right to interrupt your service, your access to your Member Account, and/or your access to Giftcardsninja.com or any services on Giftcardsninja.com, with or without prior notice, for any reason, at our sole and absolute discretion. In the event your Member Account or access to it is interrupted or terminated for any reason, whether intentionally or unintentionally, we will not be liable for any losses due in whole or in part by such interruption or termination of your Member Account or your access to Giftcardsninja.com.
3. Use of Giftcardsninja.com to Purchase Gift Cards For You
(a) Managing and Using Your Gift Cards on Giftcardsninja.com, Gift Card Terms & Conditions and Your Responsibility Related to Gift Cards Stored, Used or Managed on Giftcardsninja.com.. Giftcardsninja.com allows you to more conveniently buy giftcards. In addition to Gift Cards purchased on Giftcardsninja.com, Giftcardsninja.com provides you the functionality to store gift cards via email as we deliver them throught the email address you have paid with. Once the gift cards are sent to you via email Giftcardsninja.com is not responsible or liable for any of those Gift Cards. Giftcardsninja.com is not responsible for any loss or damage resulting from the loss of any such Gift Card or the use of your Giftcardsninja.com user account or Giftcardsninja.com mobile wallet (coming soon) without your permission (including any Gift Card you have added therein).
Notwithstanding the above, Giftcardsninja.com does not offer Buyers on Giftcardsninja.com any refunds. ALL SALES ARE FINAL!!! Gift Cards may be subject to various other terms and conditions related to a particular Retailer or Gift Card, including, without limitation, various limitations as to use of the Gift Card, combination with other offers, redemption and voucher use rules, and whether a Gift Card can be used online, in store or both. These terms and conditions are generally presented with the Gift Card on the Site and you agree specifically to have read and accepted these particular terms and conditions when you agree to purchase the Gift Card in question on Giftcardsninja.com.
Giftcardsninja.com is not a party to any transaction that you may enter into with the Retailer as a result of your purchasing a Gift Card on Giftcardsninja.com. Giftcardsninja.com is not responsible for the quality of goods or services you acquire from a Retailer or otherwise procure using a Gift Card acquired on Giftcardsninja.com. If a Retailer were to go out of business or go into bankruptcy prior to your use of all the value on their Gift Card, you understand that your sole and exclusive recourse with respect to the unused value of the Gift Card for that particular Retailer is with the Retailer in question (and not Giftcardsninja.com) and, as an unsecured-creditor, you may not be able to recoup the value of any unused Gift Card for such a Retailer.
(b) General Rules of Conduct on Giftcardsninja.com. By using Giftcardsninja.com and setting up a Member Account, you agree to the following rules when visiting or transacting on Giftcardsninja.com:
You cannot purchase more than $10,000 worth of face value Gift Cards per day;
You may not create more than one Member Account on Giftcardsninja.com;
You must reside in the U.S. and transact any purchase or sale transaction on Giftcardsninja.com only from within the U.S.;
Your Member Account is for your own personal use and you are not permitted to have a friend or other person use your Member Account on Giftcardsninja.com;
You are responsible for your own tax reporting (if applicable) and payment of any applicable taxes with respect to any Sales Transactions on Giftcardsninja.com; and
(c) Risk of Loss & Shipping. Giftcardsninja.com accepts no liability for any lost electronically delivered gift card codes. It is your sole responsibility to store the digital codes on file.
5. Authorized Use & Termination of Access
6. Prohibited Activity.
In connection with using or accessing Giftcardsninja.com (including your Member Account), whether via the website, our mobile applications or otherwise, you agree not to do, and not to facilitate any third party doing, any of the following (each a “Prohibited Activity” ):
(a) Modify, alter or otherwise make any derivative uses of the Giftcardsninja.com content, trademarks, technology platform or its underlying software, or any portion thereof;
(b) Copy, reverse engineer, decompile, disassemble or attempt to discover the source code of the Giftcardsninja.com technology platform or its underlying software;
(c) Use any automated or non-automated means of data gathering, data mining or extraction methods on or in connection with Giftcardsninja.com, including any use of “robots”, “scrapers”, “spiders”, “readers” or similar devices;
(d) Infringe upon or violate the rights of Giftcardsninja.com, its users, third parties or Retailers;
(e) Download, copy or imitate any portion of the Giftcardsninja.com technology platform, its underlying software and content, or its user interface, or the Site, except as expressly permitted by Giftcardsninja.com;
(f) Use Giftcardsninja.com in any way that could damage, disable, overburden, place excessive demand on or impair our Site, mobile applications or any services we offer via Giftcardsninja.com;
(g) Attempt to gain unauthorized access to (i) any Member’s personal information, personal profile, e-wallet or Member Account or (ii) Giftcardsninja.com and its mobile applications, including but not limited to any Giftcardsninja.com accounts, computer systems and/or network systems, through any means, including via a proxy server, or use any unauthorized access whether or not intentionally acquired;
(h) Aggregate or scrape any content, data or other information from the Site (whether using links, scraping technology or other technical means) to be aggregated or shown with material from other sites or on a secondary site without our express written permission;
(i) Hyperlink to the Site or deep-link to any portion of our Site without our written consent;
(j) Interfere with our Site’s or our mobile applications’ operations, attempt to access or steal any data and information on or related to the Site;
(k) Seek to transact any fraudulent or illegal activity, through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation of another person, misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your true identity or location (including via proxy server or otherwise) or providing false, inaccurate or altered documentation, information or identification;
(l) Circumvent or seek to circumvent any security measures or other features meant to protect the security of the Site and Giftcardsninja.com Members’ security;
(m) Make any unsolicited offers, advertisements, proposals, or send junk mail, spam or chain letters to other Giftcardsninja.com users or any other similar type of solicitation not approved of by Giftcardsninja.com in writing;
(n) Upload to Giftcardsninja.com images, content or other material that is illegally obtained, in violation of a third party’s intellectual property rights, or offensive, libelous, defamatory, harassing, threatening, inappropriate, deceptive or misleading in any way;
(o) Send or receive what we reasonably believe to be potentially fraudulent funds or otherwise use Giftcardsninja.com in a manner that we believe is intended to facilitate a criminal or fraudulent activity or enterprise;
(p) Seek to access or use Giftcardsninja.com from a country other than the U.S.;
(q) Use the Site in a manner that results in or may result in complaints, chargebacks, customer refunds, invalid Gift Cards, fees, penalties or other liability to Giftcardsninja.com Marketplace, its other members or partners;
(r) Make any fraudulent, improper or false refund request or claim under the Giftcardsninja.com refund policy or any similar customer guarantees provided by us from time-to-time;
(s) To provide any additional information about yourself as a Seller to the Buyer of a Gift Card or otherwise seek to sell Gift Cards directly to any Buyer on Giftcardsninja.com;
(t) Engage in, or be involved in, any criminal and/or fraudulent activities, including not limited to, the following with regard to any Gift Cards bought and/or sold on Giftcardsninja.com: (i) use of a Gift Card by the Seller after sale or in a manner that diminishes the value represented on Giftcardsninja.com; (ii) any sale (or attempted sale) of a Gift Card to multiple parties; (iii) the use of any fraudulent or unauthorized payment method to acquire Gift Cards on Giftcardsninja.com; (iv) provision of fraudulent, invalid, stolen or improperly obtained Gift Cards for sale on Giftcardsninja.com or (v) the use of Gift Cards to perpetrate or facilitate any other criminal activity; and
(u) Violate any terms and conditions set forth in the Giftcardsninja.com Cash Terms; and
7. Your Liability – Actions We May Take and Fees We May Assess
We may close, suspend or limit your access to your Member Account or Giftcardsninja.com (including limiting your access to your funds, your Giftcardsninja.com Cash and/or your Gift Cards, your ability to sell or purchase Gift Cards or request payment from us);
We may refuse to allow you to be a Member or otherwise access Giftcardsninja.com in the future;
We may hold your funds (including any Giftcardsninja.com Cash) if reasonably needed to protect against the risk of liability, in connection with the sale of potentially Invalid Cards, member refunds or as otherwise provided in this these Term of Uses;
We may terminate any of Gift Card transactions on Giftcardsninja.com and withhold any payments associated with such transactions;
We may contact your bank and/or credit card issuer, Retailers, law enforcement and any other third parties impacted by your activities;
We can and may share any information related to your Member Account, transaction history, payment information and other information related to your usage of Giftcardsninja.com with law enforcement or relevant Retailers, to the extent requested in connection with any investigation into any potentially criminal, fraudulent or Prohibited Activity;
We may use information you provide us or related to your activity on Giftcardsninja.com to investigate any potentially fraudulent or criminal activity or any Prohibited Activity, including to ensure you have not made improper or fraudulent refund requests under any Giftcardsninja.com refund policy or member guarantee;
We may take legal action against you; and
We may, in our sole discretion, terminate all access to this Site, your Member Account and our services for any reason and at any time.
(c) Actions We Take – Holds and Reserves on Funds and your Member Account.
ii. Invalid Cards, Risk-Based and Verification Reasons. We may, in our sole discretion, place holds on payment of funds to you or reserves on funds in your Member Account (including any Giftcardsninja.com Cash), under the following circumstances: (A) if we provide a Buyer a refund under our return policy for a Gift Card sold by you on Giftcardsninja.com, (B) as we investigate any Invalid Cards (as defined below), any Gift Card refund requests, or any potentially illegal or fraudulent activity or any Prohibited Activity, (C) if we believe there may be a high level of risk associated with you, your Member Account or your transactions on Giftcardsninja.com, (D) until we have been able to complete certain verification procedures relate you and the processing of your Sales Transactions (including third party processor verification requirements) and (E) in connection with our recourse in Section 6(d) below. Our determination that you are a higher risk account may be based on a variety of factors, including your activity on Giftcardsninja.com and information we may receive from third parties or otherwise. If we place a reserve or hold on funds in your Member Account (or debit your Giftcardsninja.com Cash in your Member Account), you will be informed of such reserve, hold or action. If your Member Account is subject to a reserve, we will provide you notice of this reserve, specifying the terms of the reserve or the policy under which such reserve is being placed.
(d) Financial Recourse and Fees We May Assess Against Sellers. AS A CONDITION TO BEING A SELLER ON Giftcardsninja.com, YOU HEREBY AUTHORIZE Giftcardsninja.com TO: (I) CHARGE YOUR PAYMENT METHOD (CREDIT CARD) ON FILE WITH Giftcardsninja.com, (II) DEBIT YOUR MEMBER ACCOUNT ON Giftcardsninja.com (INCLUDING YOUR Giftcardsninja.com CASH) AND/OR (III) WITHHOLD ANY PAYMENT OWED TO YOU, FOR THE AMOUNTS DESCRIBED BELOW IN THE EVENT THAT ANY GIFT CARD YOU SELL ON Giftcardsninja.com IS DETERMINED BY US TO BE AN “INVALID CARD,” OR IF ANY GIFT CARD YOU SELL ON Giftcardsninja.com IS SUBJECT TO A REFUND UNDER OUR THEN CURRENT REFUND POLICY. All of the following amounts will be charged against the funds and/or credits in your Member Account and/or your payment method on file with Giftcardsninja.com, and you will be liable to us for any amounts that we could not charge due to insufficient funds or credits in your Member Account:
i. Card Refund Fees, Commission and Member Account Adjustments: In the event you sell any Gift Card through Giftcardsninja.com, that we determine in our sole discretion to be an “Invalid Card” (as defined below) or which we determine is subject to our then current money-back refund policy (the 1 Year Money-Back Guarantee), we will charge your Member Account (including your Giftcardsninja.com Cash) and/or your payment method on file with Giftcardsninja.com for the full amount of the proceeds that were credited to your Member Account for the sale of the Invalid Card (the “Sale Price Reversal” ). You also may also be liable for the full Sales Commission relating to the Invalid Card in question, even if we reduced the Sales Commission to less than fifteen percent (15%). In the event you sell an Invalid Card on Giftcardsninja.com, you authorize us to charge your Member Account and/or your payment method on file with Giftcardsninja.com for that Sales Commission or portion thereof necessary to ensure that you are charged for the full Sales Commission associated with such Invalid Card (the “Commission Recovery” ). In addition, Giftcardsninja.com may charge your Member Account and/or your payment method on file with Giftcardsninja.com a “Card Refund Fee” in amount up to the greater of $20 or 15% of the Gift Card sale price for each such Invalid Card.
An “Invalid Card” is any Gift Card that we determine, in our sole discretion: (1) to be invalid or not active for any reason, including without limitation if the Gift Card is determined to be fraudulent, counterfeit, stolen, inauthentic, unusable or non-transferable in any way, or we determine that you have resold, used or invalidated the Gift Card; (2) to be associated with any illegal or fraudulent activity or from an illegal or unauthorized source, (3) had a zero balance when sold by you or has a lower balance than you represented at the time of sale on Giftcardsninja.com; (4) is a different brand from what you represented when selling the card on Giftcardsninja.com; or (5) in the case of a physical Gift Card, was not delivered by you to the buyer on Giftcardsninja.com within 30 days of the date of sale.
ii. Additional Remedies: In addition to the above fees and remedies, Giftcardsninja.com may seek any and all other forms of recourse against a Seller it determines has sold invalid, fraudulent, inaccurate or illegally obtained Gift Cards on Giftcardsninja.com or any Seller who Giftcardsninja.com determined was involved in any illegal or fraudulent activity in connection with its sale of Gift Cards on Giftcardsninja.com. All of our remedies are cumulative.
(e) Our Right to Reverse Refunds. In the event Giftcardsninja.com determines, in its sole discretion, that you have mistakenly, improperly or fraudulent sought and received a refund for a Gift Card purchased on Giftcardsninja.com under our then current refund policy, you authorize Giftcardsninja.com to charge your payment method on file (credit card) with Giftcardsninja.com or debit your Member Account (including any of your Giftcardsninja.com Cash) the full amount of any such improper Gift Card refund(s) requested by you. Furthermore, in this circumstance, Giftcardsninja.com reserves the right suspend or terminate your Member Account on Giftcardsninja.com.
(f) Dispute of any Giftcardsninja.com Recourse. In the event you believe in good faith that there may have been an error in our assessment of any fees, charges or other permitted recourse to your Member Account associated with a Gift Card you sold or purchased on Giftcardsninja.com (including the recourse in this Section 6), you may contact Giftcardsninja.com Member Services (which information is available on our Site) or your account manager, if applicable. You must provide us with all relevant information to support the reason you believe the recourse we took with regard to your Member Account or a particular Gift Card you bought or sold on Giftcardsninja.com was not warranted and we will then, at our discretion, engage in further investigation of the particular matter (to the extent possible) to determine if there was any error in our assessment of any fees or charges to your account or any other similar permitted recourse hereunder. You hereby agree to fully cooperate with Giftcardsninja.com in any such further investigation and to only provide us with full and truthful information. Giftcardsninja.com will communicate its determination (after any such investigation) in accordance with its then existing policies and procedures. The timing and terms of any additional investigative process will be entirely dependent upon our then current policies and procedures related to such matters, which may change from time-to-time. You further agree that Giftcardsninja.com’s determination after such additional investigation (to the extent possible) is final.
8. Delinquent Payments, Negative Accounts & Giftcardsninja.com Recourse.
If your Member Account becomes past due (or negative) for any reason, your Member Account will be subject to a late payment charge of 1.5% for each thirty (30) day period it is past due, on the balance of the past due amount or the highest amount permitted under applicable law, whichever is lower (the “Late Payment Fee” ). This Late Payment Fee will be charged to your Member Account on the last day of each month your Member Account has a negative balance. For Member Accounts with any amounts past due, Giftcardsninja.com may also deduct the amount owed (plus any accrued Late Payment Fees) from your payment method on file with Giftcardsninja.com or debit such amounts from any proceeds (or credits or Giftcardsninja.com Cash) on current or future Gift Cards sold by you on Giftcardsninja.com under your Member Account or any other Member Account we identify as yours or related to yours. In addition, we may close or suspend your Member Account for nonpayment or an outstanding negative balance, and you may be responsible for collection and related legal costs we incur. We may also first deduct any amounts (including Late Payment Fees) you owe us from any amount we owe you under your Member Account or any related Member Accounts. In the event your Member Account is suspended or terminated for any reason, any amount due on your account will be immediately due and payable. Closing of Member Accounts or opening and maintaining more than one Member Account does not alter your total liability to us, and we may combine amounts due to us from multiple Member Accounts. We may report information about your Member Account to credit bureaus, law enforcement or Retailers, so late payments, missed payments, or other defaults on your account may be reflected in your credit report.
9. Intellectual Property & Trademarks.
IF YOU HAVE PLACED AN ORDER AND WOULD LIKE TO CANCEL, IT IS YOUR RESPONSIBILITY TO GET IN CONTACT WITH US VIA https://www.giftcardsninja.com/contact-us/ BEFORE THE CODES ARE POSTED TO THE ACCOUNT.
By posting or uploading any information, content or material to Giftcardsninja.com’s Site, you hereby agree to the following:
You hereby grant Giftcardsninja.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said information, content or material and to grant and authorize sub-licenses of the foregoing.
You hereby grant Giftcardsninja.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the information, content or material by any party for any purpose.
10. Copyright Complaints.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Giftcardsninja.com may also terminate or suspend the account of any member who infringes any intellectual property rights of a third party, whether a repeat infringer or not. If you believe that any user content on Giftcardsninja.com infringes upon any copyright that you own or otherwise control, you may file a notice of such infringement with our Designated DMCA Agent identified below, with the following information in writing: (i) a physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Designated DMCA Agent: Attn: DMCA Copyright Agent, Gift Cards Ninja LLC PO BOX 323 644 MAIN ST OLEY, PA 19547-9998 Email: info@Giftcardsninja.com
11. Links to Other Websites.
Giftcardsninja.com may link to third-party websites, services, and mobile applications ( “Other Websites” ). These links are provided as a convenience to you and not because we endorse these Other Websites. We are not responsible for the content or the accuracy of materials on these Other Websites, or the privacy practices of these Other Websites. If you decide to access any Other Website, you do so at your own risk and we are not responsible for any damages or liabilities caused or alleged to be caused by any use of the Other Websites.
12. Your Privacy.
13. Electronic Communications.
When you use Giftcardsninja.com or otherwise send emails to Giftcardsninja.com, you are communicating with us electronically and you consent to receive electronic communications related to your use of Giftcardsninja.com, including push notifications. We will communicate with you by email, push notification or by providing notices on the Site. You agree that any communication we may send you via email or push notification will satisfy any legal requirement that any such communication be in writing. Any notice delivery by Giftcardsninja.com via email will be effective when sent to the email address you provided to Giftcardsninja.com or from which you otherwise email us. You further agree that you are responsible for maintaining an active email account on file with your Member Account and for any spam-filters (or similar content blockers) that may impact a Giftcardsninja.com communication to you.
14. Disclaimer of Warranties & Waiver of Claims.
Giftcardsninja.com IS NOT THE ISSUER OF THE GIFT CARDS SOLD ON Giftcardsninja.com AND IS NOT RESPONSIBLE FOR WHETHER OR HOW A PARTICULAR RETAILER HONORS SUCH GIFT CARDS, PARTICULARLY IN THE CIRCUMSTANCE WHEN A RETAILER GOES OUT OF BUSINESS OR IS IN BANKRUPTCY OR LIQUIDATION. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT YOU WILL NOT SEEK RECOURSE AGAINST (AND HEREBY WAIVE ANY AND ALL CLAIMS AGAINST) Giftcardsninja.com IN THE CIRCUMSTANCE THAT A RETAILER DOES NOT HONOR A GIFT CARD BECAUSE IT IS UNABLE TO PAY ITS DEBTS, GOES OUT OF BUSINESS, LIQUIDATES, GOES BANKRUPT, OR OTHERWISE REORGANIZES. FURTHERMORE, Giftcardsninja.com IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM LOST OR STOLEN GIFT CARDS IN YOUR MEMBER ACCOUNT OR Giftcardsninja.com MOBILE WALLET OR USE OF YOUR Giftcardsninja.com ACCOUNT OR Giftcardsninja.com MOBILE WALLET (AND ANY GIFT CARDS THEREIN, INCLUDING ANY GIFT CARDS YOU ADD TO YOUR Giftcardsninja.com MOBILE WALLET NOT OTHERWISE ACQUIRED ON Giftcardsninja.com) WITHOUT YOUR PERMISSION AND YOU HEREBY AGREE TO WAIVE ALL CLAIMS AGAINST Giftcardsninja.com RELATED TO SUCH MATTERS.
15. Limitation of Liability.
16. Indemnification & Release.
17. Legal Disputes
You agree further that: (A) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Giftcardsninja.com; (B) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (C) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Giftcardsninja.com’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (D) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Giftcardsninja.com will pay as much of your filing, arbitration and hearing fees in connection with the arbitration as the arbitrator deems necessary (not to exceed $10,000) to prevent the arbitration from being cost-prohibitive. Giftcardsninja.com agrees not to seek attorney’s fees and costs in arbitration unless the arbitrator determines the Dispute was frivolous. The arbitration shall be conducted based on written submission unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary.
(b) No Class Action. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member of a purported class, representative proceeding or as an association. We each agree that any Dispute will be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator may not vary these terms.
(c) Choice of Law & Forum. Any and all Disputes shall be governed by the laws of the State of Illinois without regard to any conflicts of laws provisions. In the event any Dispute were to proceed in court, you agree that (i) the federal and state courts of the state of Illinois and Cook County shall have exclusive jurisdiction to adjudicate any such Dispute, (ii) you and Giftcardsninja.com irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for the resolution of such Disputes and (iii) you and Giftcardsninja.com agree to irrevocably waive any right to a trial by jury.
(e) Severability. If Section 16(b) above or Section 16(a),(c) above is ruled to be unenforceable, then Section 16(a) shall be deemed unenforceable, but the rest of this Section 16 shall remain in full effect.
18. Miscellaneous Provisions
(d) Severability & Subject Headings To the extent that any term is deemed invalid or unenforceable by a court of law with jurisdiction over the matter, that term shall be severable and not affect the validity of remaining terms. The section headings used herein are for convenience only and shall be of no legal force or effect.