Date last modified: November 20, 2017
Gift Guru, Inc. (“Gift Guru”, “Company”, or “we”) operates gift-guru.com (“Site”) to help users give joy to their loved ones at every important occasion. We provide tools to help users plan and manage every step of the personal outreach process, from tracking recipients and events, to event planning, to gift discovery and evaluation, and gift purchase and giving. The Site is hosted in the United States.
We reserve the right to modify this Agreement at any time and will do so from time to time. Each time this Agreement is modified, Enrolled Users will once again have to accept and agree to the updated terms. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue any and all use of the Site immediately.
- Accounts; Registration; Passwords.
Use of the Site and registration of an Account on the Site is void where prohibited. In order to access some of the features of the Site, you will have to create an Account. During the registration process, you will be required to provide certain information. By using the Site, you represent and warrant that:
- all registration information you submit is truthful and accurate;
- you will maintain the information’s accuracy;
- you are 13 years of age or older; and
- your use of the Site does not violate any Applicable Law.
Your account may be deleted and your access as an Enrolled User may be terminated without warning if we believe that you are under 13 years of age. Enrolled Users are solely responsible for their Accounts. This includes all personal Account information and all activity in connection with an Enrolled User’s Account, even if the activity if unauthorized by the Enrolled User. If you believe that your Account has been compromised, please contact Gift Guru immediately at email@example.com.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Site. You may terminate your Account at any time, for any reason, by following the posted instructions. Gift Guru may terminate your Account at any time, for any or no reason, without prior notice or explanation, and without liability. In addition, Gift Guru expressly reserves the right to remove your account and/or deny, restrict, suspend, or terminate your access to all or any part of the Site if Gift Guru determines, in its sole discretion, that you have violated this Agreement. Even after your Account is terminated, this Agreement will remain in effect.
- Communications from Gift Guru.
You agree and acknowledge that Gift Guru may send communications via email to the email address used to create your Account. These email communications include:
- A confirmation email when you create an Account.
- Emails containing reminder notifications for events you have added to your calendar on the Site.
- Promotional emails including blog updates, news, and other similar promotions. You may choose to opt out of receiving these emails by clicking the Unsubscribe button at the bottom of the email.
- Third Parties.
- Monetization of Links to Third Party Sites.
Some links from Gift Guru to Third Party Sites are monetized by third party services. Gift Guru receives compensation for its role in the gift purchasing process by referring prospective purchasers to products on Third Party Sites. This compensation is does not affect the final purchase price of such products. This referral disclosure is provided in accordance with the United States Federal Trade Commission’s 16 CFR § 255.5.
Gift Guru is a participant in the Amazon Services LLC Associates Program. The Amazon Services LLC Associates Program is an advertising program that allows sites to earn advertising fees by advertising and linking to products on Amazon’s websites. ANY CONTENT ON THIS SITE THAT COMES FROM AMAZON SERVICES LLC IS PROVIDED ‘AS IS’ AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME.
6.1 Gift Guru is not responsible for and makes no warranties, express or implied, as to the accuracy and reliability of the content posted through or in connection with the Site. Such content does not necessarily reflect the opinions or policies of Gift Guru.
6.2 Gift Guru is not responsible for the conduct, whether online or offline, of any User of the Site.
6.3 Gift Guru makes no guarantee of satisfaction with any gift recommendations provided by the Site or any subsequent purchases made in connection with such recommendations. When Users purchase any gift recommended by the Site, these purchases are made on a Third Party Site. When Users leave the Site to make purchases on a Third Party Site, this Agreement no longer applies and Users are bound by the Third Party Site’s applicable terms and policies.
6.4 If Users wish to return any items purchased on a Third Party Site in connection with use of the Site, Users must follow the Third Party Site’s return policies and procedures. Gift Guru plays no role in this process and We do not guarantee satisfaction in these processes.
6.5 Gift Guru assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Gift Guru is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site, including, without limitation, any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site.
6.6 Under no circumstances shall Gift Guru be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Site or from the conduct of any Users of the Site, whether online or offline.
- Company’s Intellectual Property.
The Site and its content are the exclusive property of Gift Guru. You may not upload, embed, post, email, transmit, or otherwise use any of this content for commercial purposes or for personal gain, without the prior express written consent of Gift Guru. The content is protected by copyright, trademark, and other laws.
- Prohibited Use of the Site.
By accepting this Agreement, you agree to not:
- promote, advance, or indicate any illegal or unlawful activities;
- harass or advance harassment of another person;
- constitute or promote information that you know is false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- provide instructional information about illegal activities including, but not limited to, violating someone’s privacy, or providing or creating computer viruses;
- solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
- promote or endorse commercial activities and/or sales without prior written consent from Gift Guru;
- violate or attempt to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person. If at any time you see content posted which you believe violates or attempts to violate the rights listed above please contact Gift Guru immediately at firstname.lastname@example.org.
- engage in any activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- provide or using “tracking” or monitoring functionality in connection with the Site including identifying other Users’ views, actions or other activities;
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected with the Site;
- impersonate or attempt to impersonate another person or entity (including, without limitation, the use of email addresses of or associated with any of the foregoing);
- use the account or password of Enrolled User at any time or disclose your password to any third-party or permitting any third-party to access your account;
- display any unauthorized commercial advertisement or accept payment or anything of value from a third party in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Site on behalf of that person;
- use any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the Site for the purposes of sending unsolicited or unauthorized material;
- using the Site in a manner inconsistent with any and all Applicable Law.
We reserve the right to investigate and take appropriate legal action against anyone who, in Gift Guru’s sole discretion, violates this provision, including, without limitation, terminating the Accounts of such violators and/or reporting such violations to law enforcement authorities.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without regard to its conflict of law provisions. You and Gift Guru agree to submit to the exclusive jurisdiction of the courts located within the State of Wisconsin to resolve any dispute arising out of this Agreement or the Site. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
- Limitation on Liability.
IN NO EVENT SHALL GIFT GURU BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF GIFT GURU OR AFFILIATED SERVICES, EVEN IF GIFT GURU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Warranty Disclaimer.
The Site IS provided “AS IS” and “AS AVAILABLE” and Gift Guru EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, NON-INFRINGEMENT, OR QUIET ENJOYMENT. Gift Guru cannot guarantee and does not promise any specific results from use of the Site. Gift Guru also cannot guarantee the accuracy of information posted on the Site.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Site including, but not limited to, any use of the content, services, and products of the Site other than as expressly authorized in this Agreement or your use of any information obtained from the Site.
If any provision of this Agreement is to any extent invalid or unenforceable, that provision shall be excluded to the extent of such invalidity or unenforceability; all other terms shall remain in full force and effect.
We may transfer, subcontract, or otherwise deal with our rights and obligations under this Agreement without notifying you or obtaining your consent. You may not transfer, subcontract, or otherwise deal with your rights and obligations under this Agreement.
For Enrolled Users, this Agreement is accepted when you choose to check the “Accept” box, signaling that you have read, understood, and agree to be bound by this Agreement. The continued use of the Site constitutes acceptances for unregistered users and guests. Your agreement with Gift Guru will always include this Agreement at a minimum. The failure of Gift Guru to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
To contact us with any questions or concerns about this Agreement, please contact Gift Guru at email@example.com.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. I UNDERSTAND THAT NOT READING THIS AGREEMENT AND/OR CLAIMING IGNORANCE IS NOT A DEFENSE AND I WILL BE BOUND BY ITS CONDITIONS REGARDLESS.
- Legal Notice.
When legal notice must be provided to Gift Guru, notice may only be addressed to:
Gift Guru, Inc.
316 W Washington #675
Madison, WI 53703
Any electronic communications will not constitute legal notice to Gift Guru or any of its officers, employees, agents or representatives.