1. Use of Our Service
PEGINA provides a place for you to trade gift cards for online services.
This Service is intended solely for Users who are 18 years of age or older, and any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement.
B. Member Accounts
We believe in maintaining your privacy - you do not have to register in order to visit PEGINA.
C. Service Rules
You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “web scraping”
- Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the PEGINA servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that PEGINA grants the operators of public search engines revocable permission to use spiders to copy materials from PEGINA.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)
- Transmitting spam, chain letters, or other unsolicited email
- Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service
- Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure
- Uploading invalid data, viruses, worms, or other software agents through the Service
- Collecting or harvesting any personally identifiable information from the Service
- Using the Service for any commercial solicitation purposes
- Impersonating another person or otherwise misrepresenting your affiliation with another person or conducting fraud
- Interfering with the proper working of the Service
- Accessing any content through the Service using any technology or means other than those provided or authorized by the Service
- 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.
PEGINA 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 PEGINA'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 PEGINA 's sole discretion. PEGINA reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that PEGINA will not be liable to you for any interruption of the Service, delay or failure to perform.
2. Gift Cards
The Service may allow you to trade cards, coupons, codes, or the like that are redeemable for goods or services by third parties (“Gift Cards”). Gift Card transactions on or through the Service are governed by this Agreement. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. You agree that PEGINA is not liable for lost, damaged, or stolen mail, and that is it your responsibility to ensure your gift cards arrive safely at PEGINA's processing centers.
A. Trading Gift Cards
You hereby represent and warrant and continue to represent and warrant, in connection with any Gift Card you trade through or on the Service, the following:
- The Gift Card is valid
- The Gift Card is redeemable for the amount of credit that you state through the Service
- That you have not in any way retained a way to redeem the Gift Card after trading the card
- The Gift Card and any interest therein is fully transferable to PEGINA in the manner contemplated by this Agreement
- You are the sole lawful owner of the Gift Card and all interests thereto
- The Gift Card is not subject to any liens, obligations, or encumbrances of a third party
- 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 trade of a Gift Card to PEGINA, you agree to transfer ownership of the Gift Card and any interest therein to PEGINA. You agree that no portion of the Gift Card and any interest therein will be redeemed at any point subsequent to the transaction. 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. PEGINA is not responsible for any errors that you have made in entering gift card information and is not liable for any such errors.
B. Purchase Guarantee
PEGINA makes certain limited warranties (the “Purchase Guarantee”) regarding your Gift Card transactions.. You acknowledge and agree that the Purchase Guarantee is subject to this Agreement and any additional terms and conditions that may be described on the Service. All claims under the Purchase Guarantee must be submitted by emailing claims@PEGINA.com within thirty (30) days of the disputed transaction. You shall not, directly or indirectly, be eligible to utilize the Purchase Guarantee for transactions exceeding an aggregate amount of one thousand dollars ($1000.00) lifetime limit. Purchase guarantee program does not apply to electronic gift cards or mobile gift cards due to the nature of those programs. PEGINA reserves the right to limit or discontinue the Purchase Guarantee at our sole discretion, including without limitation if we believe that you have engaged in fraud or other unlawful activities. In the event that other provisions on the Service and the terms of this Section conflict, this Section shall govern.
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.
You agree to defend, indemnify and hold harmless PEGINA 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
- Your use of and access to the Service, including any data or content transmitted or received by you
- Your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above
- Your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights
- Your violation of any law, rule or regulation of the United States or any other country
- Any claim or damages that arise as a result of any data or content that is submitted via your account
- Any other party’s access and use of the Service with your unique credentials.
5. No Warranty
EXCEPT AS OTHERWISE DESCRIBED IN SECTION 2.C, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PEGINA, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
PEGINA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE PEGINA SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PEGINA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEGINA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL PEGINA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PEGINA 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 SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION 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. IN NO EVENT SHALL PEGINA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF YOUR GIFT CARD TRANSACTIONS WITH PEGINA FOR THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH SUCH LIABILITY AROSE.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PEGINA 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. PEGINA 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.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PEGINA without restriction.
A. Governing Law. You agree that:
- The Service shall be deemed solely based in Texas
- The Service shall be deemed a passive one that does not give rise to personal jurisdiction over PEGINA, either specific or general, in jurisdictions other than Texas. This Agreement shall be governed by the internal substantive laws of the State of Texas, 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 PEGINA that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Harris County, Texas, unless submitted to arbitration as set forth in the following paragraph.
B. 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 $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider 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.
C. Notification Procedures. PEGINA may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by PEGINA in our sole discretion. PEGINA 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. PEGINA 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 notifications@PEGINA.com to your email address book to help ensure you receive email notifications from us.
D. Entire Agreement/Severability. This Agreement, together with any amendments and any documents referenced herein, shall constitute the entire agreement between you and PEGINA 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.
E. 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 PEGINA's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at support@PEGINA.com with any questions regarding this Agreement.