Terms & Conditions

Please review the Terms & Conditions.

1. Your relationship with eGiftery

1.1 Your use of eGiftery’s products, software, services, and websites (collectively “Services”) is subject to the following terms, which are a legally-binding agreement between you and eGiftery (“we,” “our,” and “us”).

1.2 It is important for you to take the time to read the terms in this agreement (the “Terms”) carefully.

1.3 Any notices to us may be sent to: eGiftery, P.O. Box 996, Forest Lake, MN 55025

2. Accepting the Terms

2.1 In order to use our Services, you must first accept the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by (a) clicking to accept the terms where indicated when you sign up for the Services; or (b) by using the Services, in which case your use of the Service is your acceptance of the Terms.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with us; or (b) you are barred from receiving the services under the laws of the United States or other countries, including the country in which you reside or from where you use the Services.

2.4 You should print or save a local copy of the Terms for your records.

3. Provisions of the Services

3.1 You acknowledge and agree to the following:

3.1.1 Any subsidiaries, affiliates, or contractors will be entitled to provide the Services to you on our behalf.

3.1.2 The form and nature of the Services may change from time to time without prior notice to you.

3.1.3 We may stop providing the Services at our sole discretion, without prior notice to you. You may stop using the Services at any time.

4. Use of the Services by you

4.1 In order to access the Services, you may be required to provide information about yourself (such as identification or contact information). You agree to give accurate, correct, and up-to-date information, and to keep it so.

4.2 You agree to use the Services only as permitted by the Terms and any applicable laws, regulations, or generally-accepted practices or guidelines.

4.3 You agree not to access (or attempt to access) the Services through any automated means (including use of scripts of web crawlers), and that you will comply with the instructions set out in any robots.txt file present on the Services.

4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks that are connected to the Services).

4.5 Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.

4.6 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage that we may suffer) of any such breach.

5. Passwords and account security

5.1 You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you will be responsible for all activities that occur under your account(s).

5.2 If you become aware of any unauthorized use of your password or account, you must reset your password and notify us immediately.

6. Content in the Services

6.1 All information (such as data files, written text, computer software, music, audio files, photographs, and video) that you may have access to as part of, or through your use of, the Services (“Content”) are the sole responsibility of the person from whom the Content originated.

6.2 The Content may be protected by intellectual property rights that are owned by the provider(s) of that Content. You must comply with any intellectual property restrictions for any and all Content unless you have a separate agreement with the owner.

6.3 We reserve the right to filter, modify, or delete any or all Content from the Services, but we have no obligation to do so.

6.4 The Services may contain Content you find offensive, indecent, or objectionable. You use the Services at your own risk.

6.5 You are solely responsible for any Content you create, transmit, or display while using the Service, and for the consequences of your actions if you do so (including any loss or damage we may suffer).

7. Proprietary rights

7.1 We own all legal right, title, and interest in and to the Services, including any intellectual property rights in the Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist. The Service may contain information that we designate as confidential, and you agree not to disclose such information without our prior written consent.

7.2 You may not use our trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

7.3 We do not claim any right, title, or interest in or to any Content that you submit, post, transmit, or display on or through the Services.

7.4 You may not remove, obscure, or alter any proprietary rights notices (including copyright or trademark notices) that may be affixed to or contained within the Services.

7.5 You may not use any trade names, trademarks, service marks, logos, domain names, or other distinctive brand features or any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user.

8. License from us to you

8.1 We grant you a personal, worldwide, royalty-free, non-assignable, and nonexclusive license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by the Terms.

8.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless we have specifically told you that you may do so, in writing.

8.3 Unless we have given you specific, written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services, grand a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services.

9. Content license from you to us

9.1 You retain copyright and any other rights you already hold in Content you submit, post, or display on or through the Services. By submitting, posting, or displaying your Content, you give us a perpetual, irrevocable, worldwide, royalty-free, and nonexclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any Content that you submit, post, or display on or through the Services. This license is for the sole purpose of enabling us to display, distribute, and promote the Services.

9.2 This license includes a right for us to make your Content available to other companies, organizations, or individuals with whom we have relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

9.3 You understand that we, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt it to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit us to take these actions.

9.4 You confirm and warrant that you have all the rights, power, and authority necessary to grant the above license.

10. Terminating the relationship

10.1 These Terms apply until you or we terminate them.

10.2 If you want to terminate your relationship with us, you may do so by (a) notifying us; and (b) closing your accounts for all the Services that you use. You should send your notice, in writing, to the address set out at the beginning of these Terms.

10.2.1 If you selected a discounted annual subscription plan and choose to terminate your relationship with us prior to the subscription term, refunds will be prorated at the monthly subscription rate.

10.3 We may terminate our relationship with you in the event of any of the following:

10.3.1 You breach any provision of these Terms, or act in a manner that clearly shows you do not intend or are unable to comply with the provisions of these Terms.

10.3.2 We are required to do so by law.

10.3.3 Any partner with which we offer the Services to you terminates its relationship with us or stops offering the Services to you.

10.3.4 We stop providing the services in the country in which you reside or from where you use the Services.

10.3.5 We determine that providing the Services to you is no longer commercially viable.

10.4 Nothing in this section will affect our rights regarding provision of the Services as outlined in section 3.

10.5 You provide services that are unsatisfactory or have not taken steps to right complaints.

10.6 When these Terms come to an end, all of the legal rights, obligations, and liabilities from which you and we have benefited, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 15.6 shall continue to apply to such rights, obligations, and liabilities.

11. Exclusion of warranties

11.1 Nothing in these terms shall exclude or limit our liability for losses that may not be excluded or limited by applicable law. Our liability will be limited to the maximum extent permitted by the law in your jurisdiction.

11.2 Your use of the Service is at your sole risk and the Services are provided “as is” and “as available.”

11.3 We do not represent or warrant to you that:

11.3.1 Your use of the Services will meet your requirements.

11.3.2 Your use of the Services will be uninterrupted, timely, secure, or free from error.

11.3.3 Any information you obtain as a result of your use of the Services will be accurate or reliable.

11.3.4 Defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

11.4 If you download or otherwise obtain material through your use of the Services, you do so at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device, or for any loss of data that results.

11.5 No advice or information you obtain from us, whether through or from the Services or not, will create any warranty not expressly stated in these Terms.

11.6 We expressly disclaim all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of liability

12.1 Subject to the provisions in section 11.1, we will not be liable to you for any damages of any kind that may be incurred by you. This limitation on our liability will apply whether or not we have been advised of, or should have been aware of, the possibility of any such losses arising.

13. Other content

13.1 We have no control over web sites, content, or resources that we do not provide, even if links to such websites, content, or resources are included in the Services.

13.2 We do not endorse any advertising, products, or other materials on or available on any external web sites, content, or resources.

13.3 We are not liable for any loss or damage that may be incurred by you related to any external web sites, content, or resources.

14. Changes to the Terms

14.1 We may make changes to these Terms from time to time. When we make any changes to these Terms, we will make the new copy available through the Services.

14.2 If you use the Services after the date on which these Terms have changed, you signify your assent to the new Terms by your continued use, and we will treat your use as acceptance of the updated Terms.

15. General legal terms

15.1 Your use of any third-party services may be subject to separate terms between you and the third-party service provider, even if you access those third-party services through or in connection with your use of the Services.

15.2 These Terms constitute the entire legal agreement between you and us, and completely replace any prior agreement between you and us in relation to the Services.

15.3 You agree that we may provide you with notices, including those regarding changes to the Terms, by e-mail, regular mail, or through the Services.

15.4 You agree that if we do not exercise any legal right or remedy that is contained in the Terms or any applicable law, it will not be taken as a formal waiver of our rights.

15.5 If any court rules that any provision of these Terms is invalid, that provision will be removed from the Terms without affecting the rest of the Terms, which will remain valid and enforceable.

15.6 The Terms, and your relationship with us, shall be governed by the laws of the State of Minnesota, without regard to its conflict of law(s) provisions. You agree to submit to the exclusive jurisdiction of the courts located within the county of Hennepin, Minnesota, to resolve any legal matter arising from the Terms. However, we may apply for injunctive or declaratory relief in any jurisdiction.