Terms Of Use Agreement

Last revised September 1, 2018.

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Welcome to Zealcards, a service offered by Zeal Ventures LLC. ('Zealcards' 'we,' or 'us') which allows you to buy or sell closed and open loop prepaid cards (“Gift Cards”). This page explains the terms by which you may use Zealcards websites (including www.zealcards.com), web widgets, feeds, applications for third-party web sites and services, mobile app, and any other mobile, web, or other services or applications owned, controlled, or offered by Zealcards or in conjunction with Zealcards partners (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement including the incorporated Privacy Policy (the “Agreement” or “Terms of Use”), whether or not you are a registered user of our Service.

THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND CLASS-ACTION WAIVER, WHICH DETERMINE HOW DISPUTES WITH ZEALCARDS MAY BE RESOLVED. BY USING THE SERVICE YOU ACCEPT THESE TERMS OF USE AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION AND CLASS-ACTION WAIVER BELOW.

We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required or given for non-substantive changes to the Agreement. If we substantively amend this Agreement we will give you notice by email or other notice informing you of such changes to the Terms of Use, and you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service and terminate your account. This Agreement applies to each visitor, user, and anyone who accesses the Service (“User(s)”).

PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.

Eligibility:

By accessing or using the Services to complete a Gift Card purchase or sale, you affirm that you are at least eighteen (18) years of age and in the United States. You represent that you are fully able and competent to enter into and comply with the terms and conditions in the Terms of Use. The Service is not directed to children under 18 so if you are under 18 years of age, you are not permitted to access or use the Service. The Service is not available to any Users previously removed from the Service by Zealcards.

Gift Cards or Cards:

The term "gift card(s)" or "card(s)" when used on this site refers to physical plastic cards, gift card numbers with or without pin numbers in a digital form, whether originally purchased for personal use or for gifts, issued as a refund for returned merchandise (or for any reason) in the form of a merchandise credit, or any combination of these options, which at the time of sale, are accepted by the issuing retailer in the form they are sold by Zealcards.

Member Accounts:

You do not have to register to visit www.zealcards.com or browse using the Service. To access certain features of the Service, such as buying or selling Gift Cards, you are required to register with Zealcards and create a “Member Account”. Zealcards may modify the Service and features and functions available within a Member Account at any time in our sole

discretion.

You may never use another User’s Member Account. When creating your Member Account or using the Service, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Member Account, and you are solely responsible for keeping your Member Account password secure. You must notify Zealcards immediately of any breach of security or unauthorized use of your Member Account. Zealcards will not be liable for any losses caused by any unauthorized use of your Member Account. Violation of these Terms of Use will result in the termination of a User’s Member Account, and Zealcards may terminate a Member Account at any time in its sole discretion.

You may control your Member Account profile and how you interact with the Service by changing the settings, where available. By providing Zealcards your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by notifying us at [email protected] Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Service Rules:

As a User of the Service, You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots or bots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Zealcards servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Zealcards grants the operators of public search engines revocable permission to use spiders to copy materials from Zealcards.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting Zealcards, its partners, systems, or User(s) any spam, chain letters, offensive material, or other unsolicited email, communication or other data; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity or sharing your Member Account or the Member Account of another User; (x) interfering with the function of the Service or using the Service in a manner that would result in fraud, chargebacks, penalties or complaints related to such behavior; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or (xiii) making a false claim for a refund under the Purchase Guarantee or other similar policy provided by Zealcards.

Cards from other marketplaces:

Zealcards does not accept gift cards that were previously purchased from secondary gift card marketplaces including cards purchased on this site.

Verify Customers' Address:

Zealcards reserves the right to contact a customer via phone or email to verify the accuracy of account information (including the customer's correct name and address) that is needed to provide the customer with the information he or she requested from Zealcards.

Identity Verification:

You authorize Zealcards to perform a background check or access personal information from credit bureaus to aid in fraud prevention. Those details may include name, billing address, email, and phone number. This information may also include location information, if available.

Important Information About Identity Verification

To help the government fight the funding of terrorism and money laundering activities, we may obtain, verify, and record information that identifies you.

What this means for you: We may ask for your name, address, date of birth and other information that will allow us to identify you.We may also ask to see your driver’s license or other identifying documents.

Lapsed Accounts:

In order to keep Zealcards accounts current, if a customer does not access his or her account for a period of 90 days or more, Zealcards may, in its sole discretion, terminate such customer's account. Zealcards will endeavor to notify a customer of Zealcards intent to terminate such customer's account by notice to such customer's provided email address at least ten days prior to deactivation. If the customer fails to respond to such email notice within 10 days after the day it is sent by Zealcards, such customer's account will be terminated as noted above. Therefore, Zealcards strongly recommends that all customers keep their accounts and contact data current and in use. While Zealcards desires to prevent active accounts from being terminated prematurely, Zealcards has no obligation to maintain accounts that appear to Zealcards to have been abandoned. Each customer agrees that failure to access his or her account for 90 days or more conclusively indicates that such customer's account has been abandoned and that the account may therefore be terminated.

Selling Gift Cards – Your Warranty and Ownership Transfer:

When you sell us a physical or electronic gift card or merchandise credit, you warrant that: 1) you have not obtained the gift card illegally 2) the Gift Card is valid 3) the Gift Card is redeemable for the amount of credit that you state 4) that you have not in any way retained a way to redeem the Gift Card after selling the card 5) the Gift Card and any interest therein is fully transferable to Zealcards 6) you are the sole lawful owner of the Gift Card and all interests thereto 7) the Gift Card is not subject to any liens, obligations, or encumbrances of a third party 8) you shall comply with all other requirements to complete the Gift Card transaction, including, without limitation, shipping instructions, required by the Service.

Once you confirm a sale of a Gift Card to us, you agree to transfer ownership of the Gift Card and any interest therein to us. You agree that no portion of the Gift Card and any interest therein will be redeemed at any point subsequent to the transaction. Sellers who transact and sell their gift card(s) to Zealcards agree that as a condition to receiving payment, if at any point in time after Zealcards has paid Seller for such gift cards there is a change from the gift card balance from the balance specified on the original sales invoice by and between Seller and Zealcards, in its sole and absolute discretion, believes that such modification was caused by: (a) the use of the applicable gift card by Seller, (b) the use of the gift card by the party who sold the gift card to Seller, (c) the use of the gift card by a party who was employed by Seller or affiliated with Seller, or (d) due to suspected fraudulent activity the issuing merchant places a freeze on the balance of the applicable gift card or cancels the applicable gift card (each, a "Bad Card" and collectively, "Bad Cards"), and the applicable Bad Card causes a loss, claim, judgment, damage, and/or liability (collectively, "Claims") to Zealcards in any way; then Zealcards shall have complete authority to charge-back its method of payment to Seller for the Bad Cards.

You further agree that you will be charged a replacement fee if the Gift Card proves to be invalid according to the terms of the transaction. The replacement fee will be equal to the balance that you reported at the time of the transaction plus an additional $10 service fee.

To the extent that Zealcards has in its possession cards from Seller for a new order for which Zealcards has not yet paid, then Zealcards has the complete authority, in its discretion to either (a) hold back its payment for such cards, or (b) deduct the applicable amount corresponding to Bad Cards from the new payment amount owed to Seller. If Zealcards is unsuccessful deducting the amount from a future order, then Seller is responsible to issue a full refund to Zealcards. If Seller does not issue such a refund, then Zealcards may use any available remedies at law and in equity to collect reimbursement from Seller for same and in all such cases, Seller shall be responsible to reimburse Zealcards for its legal fees and costs in seeking reimbursement from Seller.

Buying Gift Cards – Our Warranty and Goods Not As Described 180 Day Return Policy:

If h4 gift card turns out to be a fraudulent card and is canceled by the merchant or if there is any other balance discrepancy, the customer must contact us within 180 days of the purchase. We will then investigate the matter. If Zealcards determines that the balance discrepancy was not a result of the customer use of the card, it will either replace the card or refund the purchase. Prior to receiving a refund or a replacement, the customer must return the purchase to Zealcards via an authorized trackable shipping company. Zealcards will only honor returns that fall into this category for claims made within 180 days of the purchase. Claims made after 180 days of the purchase date will not be refunded even if the balance discrepancy or cancelation occurred within the 180 day period. The claim must be emailed to [email protected] Please keep a copy of the time stamp and submission for your records. After 180 days, Zealcards shall not be responsible for any balance discrepancy or cards cancelled by a merchant. We may require cards delivered in physical form to be returned. The Warranty is NOT applicable to gift cards whose issuers or retailers are no longer honoring gift cards, whether due to bankruptcy, elimination of their gift card program, or other causes.

Shipping Policy:

Zealcards generally will ship an order within 1 business day from the time payment is processed. However, Zealcards reserves the right to delay shipment up to seven business days. Zealcards may choose to provide a tracking number as proof that the order has been shipped out. No further proof is required. When the tracking number provided by Zealcards indicates that it is in route with the carrier, Zealcards shall bear no further responsibility for the shipment.

Right To Refuse An Order:

Zealcards reserves the right to refuse any order placed. Additionally, if there was a mistake in the price of an order or coupon applied, Zealcards reserves the right to notify the customer to pay the difference or cancel the order. Zealcards reserves the right to cancel the order at any time.

eDebit, Check, And Demand Draft:

Check payments made payable to Zeal Ventures LLC.

Billing and Shipping Errors:

Zealcards reserves the right to cancel an order partially or completely for items that are out of stock or for items that were omitted by our shipping department. Once notified that an item was omitted Zealcards will consider re-shipping the missing item at no cost to the buyer. Re-shipping the item is at Zealcards sole discretion. If Zealcards does not ship the omitted item, it will refund the buyer for that portion of the order within 24-72 hours. If Zealcards shipping department shipped additional cards or a card of greater value, the buyer accepts responsibility to notify Zealcards of this error within 7 business days. Zealcards will provide a postage refund for the buyer to return the card. If the card is not returned, Zealcards reserves the right to charge/bill the buyer for the remaining balance.

Support:

If you believe in good faith there was an error with your Member Account, a transaction using the Service, or have another issue to report please contact [email protected] If applicable, please include your transaction number and a detailed description of the issue you are reporting. We do our best to respond to customer inquiries in a timely manner, but during holidays and certain high-volume periods our response may take more time. Zealcards appreciates your patience while we investigate and respond to support requests and messages sent to our support team..

Security:

The security safeguards that we use to protect your data vary based on the sensitivity of the information that we collect, process and store and the current state of technology. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Copyright:

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by the Section titled Limited Right to Use, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

Limited Right to Use:

The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

Editing, Deleting and Modification:

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site without further notice to users of the Site.

Indemnity:

You agree to defend, indemnify and hold harmless Zealcards and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any data or content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code. Zealcards shall endeavor to provide notice to you of any such claim, suit or demand. Zealcards reserves the right to conduct the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Zealcards defense of such matters.

Nontransferable:

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.

Disclaimer:

THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Use of Information:

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Third-Party Services:

We may allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

Third-Party Merchant Policies:

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Securities Laws:

This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents. Links to Other Web Sites: The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

Submissions:

All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

Governing Law:

You agree that: (i) the Service shall be deemed solely based in Michigan; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Zealcards, either specific or general, in jurisdictions other than Michigan. This Agreement shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Zealcards that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Washtenaw County, Michigan, unless submitted to arbitration as set forth in the following paragraph.

Arbitration:

For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than ten thousand U.S. dollars ($10,000), the parties agree to resolve the dispute through binding non-appearance-based arbitration. The party bringing a claim shall initiate the arbitration through Judicial Arbitration and Mediation Services (“JAMS”) according to the arbitration procedures established by JAMS. JAMS and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Waiver of Jury Trial. For claims or disputes where the award sought is equal to or in excess of ten thousand U.S. dollars ($10,000), the parties expressly waive all rights to trial by jury, and further agree to submit to a trial heard by one judge sitting in a court of competent jurisdiction in Washtenaw County, Michigan. No Class Action. Zealcards and the User each agree that any dispute under the Terms of Use or related to the Service in any manner will be brought in the parties’ respective capacities as individuals, and not as a plaintiff or member of a class or purported class, representative proceeding, or association. Zealcards and the User each agree that any dispute under the Terms of use or related to the Service in any manner will be heard on an individual basis, and not as a plaintiff or member of a class or purported class, representative proceeding, or association.

Notification Procedures:

Zealcards may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes (e.g., in the case of any substantive changes to this Agreement), to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Zealcards in our sole discretion. Zealcards reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Zealcards is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add [email protected] to your email address book to help ensure you receive email notifications from us. Notices to Zealcards should be sent in writing to:

• Zeal Ventures LLC
• 1163 South Main Street, Suite 134
• Chelsea, MI 48118

Entire Agreement/Severability:

This Agreement, together with any amendments and any documents referenced herein, shall constitute the entire agreement between you and Zealcards concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Zealcards in any respect whatsoever.

No Waiver:

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Zealcards’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. All waivers and modifications to this Agreement must be in a writing signed by both parties that expressly by its terms modifies or waives a provision of this Agreement.

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZEALCARDS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE VALUE OF YOUR TOTAL GIFT CARD TRANSACTIONS VIA THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NONE, FIVE HUNDRED ($500) U.S. DOLLARS, OR (C) ANY MATTER BEYOND ZEALCARDS’ REASONABLE CONTROL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZEALCARDS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR DATA STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (VIII) LOST OR STOLEN, OR OTHERWISE UN-REDEEMABLE GIFT CARDS; AND/OR A RETAILER’S REFUSAL OR FAILURE TO HONOR A GIFT CARD PURCHASED THROUGH THE SERVICE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ZEALCARDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. The Service is controlled and operated from its facilities in the United States. Zealcards makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

DMCA Notice:

Since we respect artist and content owner rights, it is Zealcard’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Zealcard’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

• A. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• B. Identification of the copyrighted work that you claim has been infringed;
• C. Identification of the material that is claimed to be infringing and where it is located on the Service;
• D. Information reasonably sufficient to permit Zealcards to contact you, such as your address, telephone number, and, e-mail address;
• E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• F. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
• The above information must be submitted to the following DMCA Agent:
• Attn: DMCA Notice
• Zeal Ventures LLC
• 1163 South Main Street, Suite 134, Chelsea, MI 48118
• Email: [email protected]

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Zealcards and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Zealcard’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Zealcards has adopted a policy of terminating, in appropriate circumstances and at Zealcard's sole discretion, members who are deemed to be repeat infringers. Zealcards may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.