USER OBLIGATIONS. By downloading, accessing, or using the Site in order to view our information and materials or submit information of any kind, you represent that you are at least eighteen (18) years of age (or the age of majority in your state of residence). You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Site. You also acknowledge and agree that use of the Internet and access to the Site is solely at your own risk. You are responsible for maintaining the confidentiality of any account number, account name, user id and/or password, if applicable, for the Services you utilize through the Site. You should also understand that the confidentiality of any communication or material transmitted to/from a Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, GiftCard Partners is not responsible for the security of any information transmitted to or from the Site. GiftCard Partners reserves the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.
LICENSE GRANT. This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
RESTRICTIONS. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use any article or other content on the Site in any manner not expressly permitted herein. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site, including, without limitation, the account of another User(s), or any other systems or networks connected to the Site or to any GiftCard Partners server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Company’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to GiftCard Partners on or through the Site, or (viii) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact GiftCard Partners. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY GIFTCARD PARTNERS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that GiftCard Partners transfers no ownership or intellectual property interest to or title in the Site to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by GiftCard Partners and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, GiftCard Partners does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Site is Copyright © 2019 GiftCard Partners, Inc. or its affiliates or subsidiaries. All rights reserved. GiftCard Partners also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, directories, databases, information, or materials available through the Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by GiftCard Partners. All names, logos, and icons identifying GiftCard Partners and its programs, products, and services are proprietary trademarks of GiftCard Partners, and any use of such marks, including, without limitation, as domain names, without the express written permission of GiftCard Partners is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
ON-LINE-PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the purchase of products, receipt of services, User registration with the Site, and/or to other specific portions or features of the Site, all of which are made a part of this TOU by this reference. You agree to abide by all such other notices, terms, and conditions. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of the Site, including any restricted areas offering on-line access to GiftCard Partners’ programs, tools, or services, the latter terms shall control with respect to your use of that portion of the Site. GiftCard Partners’ obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on the Site should be construed to alter such terms, conditions, notices, and agreements. GiftCard Partners makes no warranties or representations whatsoever regarding any other web site that you may access through the Site.
The Site uses Google™ Translate to provide language translations of its content. Google™ Translate is a free, automated service that relies on data and technology to provide its translations. While this system is state-of-the-art, translations cannot be guaranteed as exact or without the inclusion of incorrect or inappropriate language. Google™ Translate is a third-party service and users will be leaving the Site to utilize translated content. As such, GiftCard Partners cannot guarantee or claim responsibility for the accuracy, reliability, or performance of this service nor the limitations provided by this service, such as the inability to translate specific files like pdfs and graphic-based documents (e.g. .jpgs, .gifs, etc.).
DISCLAIMER. WHILE GIFTCARD PARTNERS ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE, THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, GIFTCARD PARTNERS MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON THE SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON THE SITE. GIFTCARD PARTNERS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. GIFTCARD PARTNERS ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION.
LIMITATION OF LIABILITY. You expressly absolve and release GiftCard Partners and its affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from any claim of harm resulting from a cause beyond GiftCard Partners’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL GIFTCARD PARTNERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF GIFTCARD PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF GIFTCARD PARTNERS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO GIFTCARD PARTNERS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
INDEMNITY. You agree to defend, indemnify, and hold harmless GiftCard Partners and its affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOU.
COPYRIGHT INFRINGEMENT Copyrights and Designated Agent For Notification of Claims of Infringement. GiftCard Partners respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GiftCard Partners' Designated Agent with a written notice of copyright claims and should be directed to GiftCard Partners' designated agent as specified below.
A written notice of copyright claims must include the following information:
A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
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
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.
GiftCard Partners' Designated Agent for Notice of claims of copyright infringement:
GiftCard Partners, Inc.
47 Pine Plain Road
Wellesley, MA 02481
GOVERNING LAW. This TOU makes up the entire agreement between GiftCard Partners and you relating to the Site and replaces any prior understandings or agreements (whether oral or written) regarding the Site. The laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles, will govern this TOU.
NO EXCHANGES, RETURNS OR REFUNDS. Unless otherwise provided for herein, this web site is for commercial transactions between businesses. Accordingly, please review your order carefully before submitting as there are NO REFUNDS and NO EXCHANGES. All sales are final.
UPDATES. GiftCard Partners may at any time revise this TOU by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
Last updated: June 11, 2019