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Terms of Use

For End Users

Effective Date: March 20, 2020

YOUR USE OF AND ACCESS TO THE SERVICES DESCRIBED BELOW ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU ARE NOT AUTHORIZED TO USE THE SERVICES IN ANY MANNER.

Terms of Use

These Terms of Use (the “Terms”) are a binding contract between you (“you”, “your”) and Giftboard, Inc. (“the Company”). You must agree to and accept all of the Terms, or you are not authorized use the Services. By using the Services in any way, you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

These Terms may change

These Terms are subject to change at any time. If these Terms do change, we will bring the new Terms to your attention by placing a notice on the Company’s website or by some other means.

If you don’t agree with the new Terms, you are free to reject them. However, if you do not agree to and accept all of the new Terms, you will no longer be authorized to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to and accept all of the changes.

Except for changes as described herein, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and the Company.

The Services

The Company operates giftlocal.com, itson.me and other related websites, providing a Merchant website-based eGifting service (“the ItsOnMe Service” or “ItsOnMe”), a network-based eGifting service (“the Giftlocal Service” or “Giftlocal”), and business-to-consumer promotional gifting services (“the Birthday Gift Service” or “the Birthday Gift Program”) and (“the Promotional Gift Service” or (“the Promotional Gift Program”) (collectively, “the Services”).

Merchant (“Merchant”, below) is a business entity operating the retail hospitality location(s).

Gift voucher(s) (“Gift Voucher(s)”) are alphanumeric gift codes presented by a customer on a customer’s mobile device to a server or cashier at a Merchant. Gift Vouchers may be for a specific dollar amount or for one or more specific item(s).

As part of the ItsOnMe Service, users may purchase Gift Voucher(s) for use as payment at specific Merchants.

As part of the Giftlocal Service, users may purchase Gift Voucher(s) for use as payment across the Company’s Giftlocal network, including all Merchants participating in the Giftlocal Service. As part of the Birthday Gift and Promotional Gift Services, Merchants can provide Gift Vouchers to consumers redeemable for promotional items.

Use of the Services

The Gift Vouchers are offered by the Company for purchase through the Services for use only at the Merchant or Merchants (“Merchants”) who have physical (‘brick and mortar’) locations listed on the Services at time of purchase. Attempts to use a Voucher at Merchants not listed will be declined. Your Gift Voucher is not intended for online use and online redemption is not available. You do not have the right to stop payment on any purchase transaction originated by use your Gift Voucher. If there is an issue with your gift, contact support@giftlocal.com for assistance. Stopping payment on a gift may result in permanent revocation of your rights to use the Services, termination of the gift without warning to the gift recipient, and in some cases we may dispute a chargeback or initiate legal action. Your Gift Voucher cannot be used to obtain cash (unless as specified by applicable law) or to conduct illegal transactions. For security reasons, we may limit the amount or number of transactions you can make on your Gift Voucher and we may refuse to process any transaction we believe may violate these Terms. The Company is under no obligation to honor all purchase requests and may also ask for supplemental information such as a phone number or other identifying information to complete a purchase. Further, the amount of time the Company needs to evaluate and complete or reject a purchase of a Gift is neither specified nor guaranteed.

For Gift Vouchers purchased by you or sent to you by another end user, the Company facilitates the purchase, delivery and redemption of Gift Vouchers, and retains a fee for that service. The proceeds from your purchase of a Gift Voucher are generally delivered to the Merchant from whom you purchased the Gift Voucher.

It is possible that a Merchant could go out of business at any time. If that occurs, the value of a Gift Voucher could be lost. When you purchase, receive or use a Gift Voucher, you assume the financial risk associated with a Merchant going out of business and the value of your Gift Voucher being lost. You agree that the Merchant, and not Giftboard, Inc., is solely financially responsible for the redemption of your Gift Voucher. You further agree that in the event that Merchant is unable to redeem to your Gift Voucher for any reason, Giftboard, Inc. is not liable to you in any way. GIFTBOARD, INC. DOES NOT GUARANTEE THAT A MERCHANT CAN OR WILL REDEEM A GIFT VOUCHER PURCHASED THROUGH THE SERVICES. GIFTBOARD, INC. IS NOT RESPONSIBLE FOR ANY FINANCIAL LOSS YOU SUFFER BECAUSE OF A MERCHANT’S FAILURE TO REDEEM A GIFT VOUCHER.

When required to do so by your use of the Services, you promise to provide the Company with accurate, complete, and updated information about yourself and the gift recipient, if applicable. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in any way that breaks the law.

You agree to not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that when you use or interact with the Services you will not do so in a manner that:

(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including the Company);

(b) Violates any law or regulation, including any applicable export control laws;

(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

(d) Jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you);

(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;

(f) Violates the security of any computer network, or cracks any passwords or security encryption codes

(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services (through use of manual or automated means);

(i) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;

(j) Employs a payment method using stolen, fraudulently obtained, counterfeit, or otherwise illegitimately obtained financial means to finance a transaction of any kind on the Service;

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Warranty Limitations

THE SERVICES ARE PROVIDED BY THE COMPANY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL THE COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO THE COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.

Indemnification

To the fullest extent allowed by applicable law, you agree to indemnify and hold the Company, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages, losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.

General Provisions

(a) These Terms of Use shall be governed by the laws of the State of Nevada.

(b) Any disputes arising under these Terms of Use shall be exclusively subject to Arbitration under the Commercial Rules of the American Arbitration Association, which shall be exclusively held in Las Vegas, Nevada.

(c) You may not assign or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without the Company’s prior written consent. The Company may transfer or assign these Terms and our rights and obligations without consent.

(d) If any provision of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use shall remain in full force and effect.