Welcome to eGifter, a service of GroupGifting.com, Inc. d/b/a eGifter ("eGifter", "we", "us", "our") and our website and
associated Facebook, LinkedIn, Google plus and mobile applications ("Site"). Please read this document carefully because
and e eGifter. on which we offer you access to the Site and our Services, including the services provided by our payment
processing company, an independent third party, e.g., PayPal (collectively, the "Service").
read, understood, and agree to be bound by the Terms, regardless of the device or platform by which you access the Site.
If you don’t agree to the Terms or are under the age of 13, do not use the Site or the Service.
Site or by sending you an email. If you thereafter use the Site or Service, you will be deemed to have accepted the revised
Terms. If you see the word "including" in the Terms, it means "including but not limited to".
By using the Service, you agree to the following; When you
register and create an account, make a purchase, or send a gift or when you make a contribution to any Group Gifting occasion
("Group Gift") you agree: (a) to submit your own valid e-mail address, (b) to create a password and User name; (c) that
all information that you submit will be accurate and not misleading; (d) to keep confidential, all aspects of your account
including your User name and password; (e) that you are responsible for any and all uses of your account, whether or not
you’ve authorized such use; (f) to keep confidential all aspects of other Users’ account information that you may have access
to; (g) to immediately notify us of any unauthorized use of your account; and (h) that you will not use the Site or Service
for any unlawful or otherwise prohibited activity.
The Service allows you or a gift organizer ("Organizer") to easily purchase a gift for yourself or send electronic gift cards
("Gift Cards") to your friends and for mutual friends to add additional funds to the Gift Card ("Contributors") creating
one larger gift for the gift recipient ("Recipient"), (collectively "Users"). eGifter Retailer Gift Cards are issued by
a particular third party merchant or retailer ("Retailer"), and these Gift Cards are received via email or via our Web,
Facebook or Mobile App. Gift Cards can be used online as well as at most physical stores in accordance with the applicable
Retailer’s policies (See Gift Card Section below). Retailers and available denominations of their Gift Cards and their store
locations are subject to change at each Retailer’s discretion and redemption of each Retailer’s cards is subject to the
limitations and conditions set by the Retailer at the time of redemption. To use the Service, a User will choose a Gift
Card, and where applicable establish the date and choose a Gift Card based on the selection available. If you are uncertain
as to what Gift Card to send, we offer an eGifter Gift Card which can be used to purchase any available Retailer Gift Card
on the site (Details below).
To use the service you need to register an account with eGifter. Registration on the Site, and use of our Service is free
of charge. However, eGifter reserves the right to assess a fee or fees at any time in our sole discretion. To make a contribution
you must use a valid MasterCard, VISA, American Express, Discover or PayPal account.
Users will be invited via the eGifter Service. Additionally, they may be notified via Facebook when the Gift
Card is received by the Recipient. They will then have up to seven (7) days to contribute additional funds to the Gift Card.
Access to the Service is provided through your Facebook credentials, and you should not authorize any other person or entity
to use your unique User ID. You are responsible for preventing such unauthorized use. eGifter uses Facebook Connect to know
whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services
using Facebook Connect, we will rely on that Facebook account and will assume that access has been made by you. You are
solely responsible for any and all access to the Site and all Services or use of the Services by persons using your Facebook
Connect. If you become aware of any unauthorized activity please notify us ASAP at 1-888-572-7121.
Although the Service enables you to provide a Group Gift to a designated Recipient, the only transaction that you will have
with eGifter is for the purchase Gift Cards and fees charged (if any) for using the Service. We do not have any control
over the Organizer, other Contributors, your intended Recipient, or any other Users of the Service, nor do we have any control
over any of the Retailers Consequently, we are not and will not be liable for any loss or damage that you may incur as a
result of your interactions and transactions with any Users, or Retailers, including any loss or damage resulting from:
(i) making a Contribution, (ii) late or failed delivery of any product or service, including Gift Cards, (iii) any defect
or other quality aspect of any product or service, or (iv) breach of any Retailer warranty, express or implied whatsoever.
The dealings between you, and any Users or Retailers are solely between you and the applicable User, or Retailer as the
case may be. We are not responsible for changes in any Retailer’s redemption terms; including any price change that may
occur after you send a Gift Card but prior to payment for the applicable product or service. You understand that we do not
issue Gift Cards through the Service. The issuers of all Gift Cards are the applicable Retailers and the respective Retailer
has the liability for the Redemption of the Gift Card. We have no obligation to resolve any dispute between you and any
other User or Retailer. Users may resolve a dispute directly with each other or with the applicable Retailer. If you have
or participate in any dispute or its resolution, you expressly agree to indemnify and hold harmless eGifter and its officers,
employees, members, managers, affiliates, subsidiaries, agents, representatives, and successors from and against all third
party claims, costs, losses, liabilities and expenses (including damage awards, settlement amounts, and reasonable attorneys'
fees and costs, whether incurred as the result of a third party claim or a claim to enforce this Term), and other damages
of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, liquidated or otherwise (collectively,
"Losses") related to such dispute.
You and other Users provide information and other content to the Site and the Service ("Content"). We do not control, endorse
or verify any Content. You understand that we may use your Content to provide the Service and for statistical, analytical,
We reserve the right to cancel a User account at any time for any reason in our sole discretion. User accounts may be cancelled
for several reasons, including but not limited to:
- Submitting any unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene, or otherwise
- Any sexually explicit Content
- Language or User conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any
applicable local, state, national, or international law or regulation
- Posting any unsolicited or unauthorized advertising, "spam," or junk mail, including "chain letters" and "pyramid schemes"
- Submitting any Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary
- Uploading a virus or Content designed to disrupt, limit, or damage any functionality of any computer software or hardware
- Posting Content originally posted by another User without permission or attribution
- If we in our judgment and sole discretion deem it appropriate.
If there is content that is objectionable for any of the above reasons or otherwise, please let us know by clicking on the
Contact Us link at the bottom of any page on the Site and then send us an email to abuse@eGifter.com.
We will review your concerns, but we have the right in our sole discretion to make the final judgment on whether any Term
has been violated and to determine what, if any, action should be taken.
EGIFTER PROCESSES PAYMENT TRANSACTIONSON ON YOUR BEHALF EACH TIME A CONTRIBUTION IS MADE. ALL CONTRIBUTIONS ARE APPLIED TO
A GIFT CARD AND CAN BE REDEEMED AT ANY TIME BY THE ORGANIZER OR RECIPIENT OF THE GROUP GIFT AS APPLICABLE. EGIFTER IS NOT
A BANKING INSTITUTION OR OTHER CHARTERED DEPOSITORY INSTITUTION AND DOES NOT REPRESENT ITSELF AS SUCH. EGIFTER MERELY PROVIDES
USERS WITH A PLATFORM TO PURCHASE GIFT CARDS OR FACILITATE A GROUP GIFT TO PURCHASE RETAILER GIFT CARDS. EXCEPT FOR EGIFTER
GIFT CARDS, EGIFTER IS NOT THE ISSUER OF ANY OF THE GIFT CARDS AVAILABLE THROUGH THE SERVICE OR ON THE SITE. THE ISSUER
IS THE RETAILER FOR THE APPLICABLE GIFT CARD.
eGifter provides consumers with opportunities to purchase Gift Cards to be used at third party Retailers. From time to time,
eGifter may have offers that are conditional to a time limited promotion (a "Daily Gift").
Daily Gifts may be offered by eGifter or any of our participating Retailers. Both eGifter and our participating Retailers
may offer eGifter’s Users the opportunity to send targeted free Gift Cards ("Promotional Gift Cards") to be used for products
and services at select Retailers stores and on their websites. Both eGifter and our partner Retailers can choose our target
groups based on gender, location, age, etc. and may at their sole discretion issue a limited amount of free Gift Cards to
be sent to the respective target group. If you choose to login to the site using Facebook Connect you will be able to view
any Deals available at that time. Next, you select the retailer and the Daily Gift you want, add a personal message, and
provide payment information (if you’re purchasing a Gift Card or contributing additional funds to a Daily Gift). Promotional
Gift Cards expire based on the Retailer instructions.
eGifter Users can also choose a participating Retailer and purchase a Gift Card to be delivered electronically to a friend
at predetermined values. Users friends are defined by friends available through the users Facebook account. The friends
who are eligible to receive Daily Gifts are determined by the targeting selected by each Retailer or eGifter as applicable.
By placing an order for a given Gift Card, you agree to purchase the Gift Card you have selected on the Retailer terms,
restrictions and conditions associated with the Gift Card. Once you’ve placed your order, you will receive a confirmation
of the purchase and your credit card or PayPal account will be charged for the amount of any paid portion of the Gift Card
value. Once the purchase is confirmed the Gift Card will be sent to the selected friend using eGifter’s Site and associated
platforms. You are required to register an account with eGifter in order to purchase any Gift Card. An account is required
to ensure the authenticity of your transaction and also to collect your payment information and provide you with easy access
to your friends list or contacts as applicable, view your past purchases, and modify your personal preferences.
From time to time we may offer other special promotions, contests and/or sweepstakes etc., intended to provide you an incentive
to purchase Gift Cards and/or to encourage you to get others to do so. The applicable rules will be posted on the Site in
or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and
you hereby agree to our interpretation.
Unless otherwise stated by the applicable Retailer, the Gift Card is not redeemable for cash (except in regions where this
is required by law). The expiration date for a Gift Card (if any) is as printed or displayed on the Gift Card. If
the expiration of the Gift Card as of the date printed on the Gift Card is prohibited under the law of the jurisdiction
in which the Retailer is located, then the Gift Card shall expire according to the applicable law. The Retailer is obligated
to honor the Gift Card in compliance with law.
Unless otherwise stated at the time a Gift Card is purchased, the Gift Card price does not include sales taxes, which may
be charged to you separately by the Retailer at the time you redeem the Gift Card.
eGifter is not the issuer of the Retailer Gift Cards. They are issued by the Applicable Retailer and as such the Retailer
shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in
respect of a customer, caused in whole or in part by the Retailer or its products and services, as well as for any unclaimed
property liability arising from unredeemed or partially redeemed Gift Cards. By purchasing a Gift Card from eGifter, a User
acquires the right to redeem a Gift Card issued by the participating Retailer and to use the Gift Card subject to the Retailers
terms and conditions and the Terms of this Agreement. Whether the User chooses to redeem the Gift Card prior to its expiration
date (If any) is within the user’s sole control and at the user’s sole discretion.
All risk of loss and title for the Gift Card will pass to the Purchaser, Organizer or Recipient (as applicable) upon electronic
transmission to such individual. eGifter is not responsible if a Gift Card is lost, stolen, destroyed, or used without permission.
eGifter is not responsible if any Gift Card is rendered unsuitable for redemption through no fault of eGifter. If you have
lost or misplaced your Gift Card and the balance has not been spent or changed from the original amount, please call us
toll free at 1-888-572-7121, and we will email you a replacement provided we can confirm the balance is unused. If your
Gift Card order is incorrect, you must notify eGifter within 30 days and provided the balance on the Gift Card has not been
spent and has not changed from the original amount, we will make our best reasonable efforts to correct the error. If eGifter
is not notified of any error within 30 days of the date of electronic transmission of the Gift Card, the Gift Card will
be deemed to be satisfactory. Some Gift Cards may not be redeemable outside the US. It is your responsibility to confirm
if a Retailer’s card can be redeemed internationally. Participating Retailers’ Gift Cards must be redeemed at the applicable
Retailer’s website or physical retail store, subject to the Retailer’s then current terms and conditions.
All cards sold on eGifter are only available in the United States. No single User may purchase more than $2,000 on any single
eGift card sold on eGifter on any single day, and no User may buy or send eGift cards on eGifter in an amount of $10,000 or
more in any single day in one or more transactions.
EGIFTER GIFT CARDS
eGifter Gift Cards must be redeemed toward the purchase of eligible Retailer Gift Cards available at the time of redemption
at the eGifter website or any of our affiliated web sites, subject to change at our sole discretion. Purchases are
deducted from the eGifter Gift Card balance. Any unused balance will be placed in the recipient's eGifter account. If
an order exceeds the amount of the eGifter Gift Card, the balance must be paid with a credit card or other available payment
method. To view eGifter Gift Card balances, click on "My Wallet" and click on the eGifter Card to view your balance.
The risk of loss and title for eGifter Gift Cards pass to the purchaser upon our electronic transmission to the purchaser,
recipient or delivery to the carrier, whichever is applicable. We are not responsible if an eGifter Gift Card is lost, stolen,
destroyed or used without your permission.
eGifter will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained eGifter
Gift Card is redeemed and/or used to make purchases on eGifter or any of its affiliated websites.
Retailers Gift Cards offered at eGifter are subject to change, and availability of Gift Cards for any Retailer cannot be
guaranteed. eGifter does not assume responsibility or liability for the actions, products, locations or content of
any current, former, or future Retailers on the site.
All Retailer Gift Cards purchased at eGifter may be redeemed at the store or website of such merchant (where applicable),
subject to that Retailers terms and conditions. Retailers and available denominations of the Retailer Gift Cards and
locations of the Retailers are also subject to change. eGifter Gift Cards are not redeemable for cash, may not
be returned, credited or exchanged, and may not be used on the website or in the stores of any of the Retailers displayed
on the site.
Redemption of Retailer gift cards is subject to the limitations and rules set by the respective Retailers and such Retailer
Gift Cards may not be available for use and redemption by individuals located outside the United States. See Retailer
terms and conditions located at the Retailer site for more details.
EGIFTER MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EGIFTER GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS
OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT AN EGIFTER GIFT CARD CODE IS NON-FUNCTIONAL,
YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH EGIFTER GIFT CARD. CERTAIN STATE LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Non-promotional eGifter Gift Cards do not expire. Promotional eGifter Gift Cards expire per the specific promotion.
eGifter Gift Cards are subject to the Terms of this Agreement.
Users of eGifter may purchase Gift Cards and send the Gift Cards to their Facebook friends. Friends will be notified via
a Facebook Wall post as applicable and also by email if you choose. If they are already using the eGifter App, they will
also be notified via the app. After logging into the system via Facebook you will become a member and view any Gift Cards
for which you are the Recipient. To redeem you just click on the redeem button in the app to retrieve your Gift Card. At
this point no additional contributions can be made.
Unless otherwise stated at the time a Gift Card is purchased, the Gift Card price does not include sales taxes, which may
be charged to you separately by the Retailer at the time you redeem the Gift Card.
The Retailer who will fulfill your order will ship your product according to its customary shipping policy. Standard ground
delivery is typically between 4-7 business days, but eGifter is not responsible and has no control of the actual delivery
date or performance of the Retailer where the Gift Card is redeemed. eGifter does not ship any products.
REFUND, RETURN/EXCHANGE POLICY
Except as expressly defined herein, all sales are final and there are no cancellations, refunds or exchanges permitted. eGifter
is not responsible for the refund and returns of any products purchased from Retailers. Your only recourse for refunds,
returns and exchanges is with the applicable Retailer. Although we believe the applicable Retailer will grant refunds and/or
accept returns according to its customary refund policy, we cannot guarantee this because we do not control any Retailer.
eGifter POINTS TERMS AND CONDITIONS
eGifter reserves the right to limit eGifter Points enrollment at any time.
The person earning the points from the eGifter Points Service ("Member") agrees not to abuse eGifter Points privileges by
conduct which is detrimental to the interests of eGifter, including without limitation attempting to accrue Points or spend
Points in a manner inconsistent with the rules of eGifter or intent of this Agreement, having multiple accounts, attempting
to earn Points through other than legitimate channels, participating in purchasing or redemption fraud, etc.
Member understands and agrees that termination of membership will result in the cancellation of all of Member's Points.
eGifter reserves the right to adjust your Point balance with award reversals for items returned or transactions not completed
or cancelled. A pattern of placing orders followed by cancellations may result in the termination of your account.
Points are not earned on any purchase(s) connected with any promotion and cannot be used on any promotional purchase.
Points are earned after the transaction is completed and cannot be used on the current transaction.
Points have no cash value and are not transferable by the member (i) upon death, (ii) as part of a domestic relations matter,
or (iii) otherwise.
Accrued Points do not constitute property of the Member. Points accrued by a Member are for the Member's benefit only. Any
Points which eGifter deems at its sole discretion to have been transferred in violation of the eGifter Points Terms and
Conditions may be confiscated or cancelled.
Number of Points awarded are subject to change at any time without notice and the number of Points required to redeem a reward
are subject to change at any time without notice.
Points will be subtracted from Member's account once the redemption order is placed by the member and captured by the eGifter
system. Once used to make a purchase Points will not be reinstated to Member's account.
Except as otherwise defined herein, unused Points shall expire and are forfeited in 1 year from date that they are earned.
eGifter reserves the right to expire unredeemed Points in accounts that have been canceled or disabled due to 12 conseuctive
months of inactivity or any other reason in our sole discretion.
Member shall comply with all laws, rules, and regulations that are applicable to Member including the eGifter Terms. Member
acknowledges that Member may only participate in eGifter Points if and to the extent that such participation is permitted
by such laws, rules, and regulations.
eGifter reserves the right to interpret and apply the policies and procedures communicated in these terms and conditions.
All determinations by eGifter shall be final and conclusive in each case.
Member expressly agrees that use of eGifter Points is at Member's sole risk.
All Gift Cards are subject to the terms and conditions of the specific retailer
eGifter Points and all services offered therein are provided on a strictly "as is" and "as available" basis. eGifter is not
responsible for damages or losses that result from participating or inability to participate in eGifter Points.
LINKS TO THIRD PARTY SITES
Any The Site contains links to other third-party websites that are not owned or controlled by us. Please be aware that we
are not responsible for the privacy or other practices of such websites. Accordingly, we cannot and shall not be responsible
for any issues, including offensive or malicious content, usability, or other problems with or related to those websites.
Any trademark, service mark, logo, icon, content or other work of authorship, and other intellectual property (collectively,
"IP") displayed on the Site are either our property or the property of our licensors, co-branders, or other third parties
and may not be used by you without the prior written consent of the owner of such IP. All rights to third party IP are reserved
to such third-parties. You may not post, distribute, reproduce, or sell in any way, any third-party IP without legal authorization.
You will indemnify and hold harmless eGifter and its affiliates, subsidiaries, members, managers, officers, employees, agents,
representatives, and applicable third parties (e.g., relevant Users, co-branders and other commercial partners, licensors,
licensees, consultants, and contractors) (collectively "Indemnified Parties") from and against all Losses related to any
unauthorized use of any third party IP
eGifter(SM)", the eGifter logo, and the other names, logos, icons and marks identifying eGifter and its products and services
are IP owned by us and may not be used without our prior written consent, which we may grant or withhold in our sole and
absolute discretion. We reserve all rights not expressly granted under the Terms. By using the Service, you expressly agree
that any information you provide via uploading or posting will be at your sole risk and we shall not be responsible to you
or any third party in any way under any circumstance for any such information or other Content you provide to eGifter. You
may not post, distribute, reproduce, or sell in any way, any eGifter IP without legal authorization. You shall indemnify
the Indemnified Parties against all Losses related to your unauthorized use of any eGifter IP and/or the Service. You may
not copy, sell, resell, or otherwise exploit any aspect of the Service for any commercial purpose. We retain and reserve
all right, title, and interest to all IP and other material on the Site (except for IP belonging to third parties), including
all software and other computer code. None of the material on the Site may be reverse-engineered, disassembled, decompiled,
transcribed, resold, or redistributed without our prior written consent, which we may grant or withhold in our sole and
absolute discretion. You may use one copy of the material on the Site for your personal, non-commercial viewing and use
only. You acknowledge that you do not acquire any ownership right or other interest by downloading any IP from the Site.
Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the Site
shall not be broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any media nor
stored in a computer except for your personal non-commercial use.
DISCLAIMER OF WARRANTIES
USE OF THE EGIFTER SERVICE IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM SUCH USE. THE
SERVICE IS PROVIDED ON AN "AS IS" BASIS. EGIFTER AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY AS TO THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY RETAILER, WHO MIGHT
FULFILL ANY GIFT CARD OR SHIP ANY PRODUCT OR PROVIDE ANY SERVICE PURCHASED WITH A GIFT CARD. NEITHER EGIFTER NOR ANY
OF ITS LICENSORS MAKES ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE. NEITHER EGIFTER NOR ANY OF ITS LICENSORS MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE,
OR THAT DEFECTS IN THE SERVICE IN WHOLE OR IN PART, INCLUDING SOFTWARE, WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EGIFTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING DAMAGES FOR LOST PROFITS, EVEN IF EGIFTER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, EGIFTER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY EVENT,
THE MAXIMUM LIABILITY OF EGIFTER TO YOU SHALL NOT EXCEED THE NET AMOUNT OF FEES PAID BY YOU DURING THE THREE-MONTH PERIOD
IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM.
You shall indemnify and hold harmless the Indemnified Parties from and against any and all Losses incurred by any Indemnified
Party arising out of or related to: (i) your use of the Service; (ii) any breach or non-compliance with respect to any Term
or any of our policies by you or anyone under your direction and control; (iii) any act or omission of yours or anyone under
your direction or control; and/or (iv) your violation or alleged violation of any law or right of any third-party.
By using the eGifter Service, you acknowledge that damages may be an inadequate remedy if you or anyone under your direction
or control breaches or threatens to breach any Term and that any such breach may cause eGifter significant and irreparable
injury and damage. Accordingly, you acknowledge that eGifter shall be entitled, without waiving any additional rights or
remedies otherwise available to it at law or in equity or by statute, to seek injunctive relief in such event.
The Terms and this User Agreement are governed in all respects by the laws of the New York, notwithstanding any provision
of law or choice of law rule which may require otherwise. If you and we have any dispute which cannot be amicably settled,
it shall be settled by submission to the state and federal courts in New York, Suffolk County, and you hereby consent to
the exclusive personal jurisdiction of such courts ("Jurisdiction").
If any provision of any Term is held to be invalid or unenforceable, such provision shall be struck and the remaining Terms
shall be enforced, with the invalid or unenforceable provision deemed modified to the least extent necessary to make it
valid and enforceable while encompassing the intent of the Terms. Any failure to act on our part with respect to a breach
of any Term does not waive our right to act with respect to a continuing, subsequent, or similar breach.
You may not assign or transfer your rights under the Terms, and any attempt to the contrary shall be void and of no effect.
The Terms shall inure to the benefit of and be binding upon your and our respective successors and assigns.
Users of the Service agree may not involve eGifter or any other Indemnified Party in any dispute, including litigation, arising
out of or related to any transaction, agreement, or arrangement you may have with any other User, Retailer, or other third
party arising out of or in any way related to the Service ("Dispute"). If you attempt to do so you shall: (i) pay all costs
and reasonable attorneys’ fees incurred in connection therewith by us, any of our affiliates, or any of their respective
employees, and you shall indemnify and hold harmless the Indemnified Parties from all Losses incurred by any of them as
a result, and (ii) the jurisdiction for any such Dispute shall be limited to the Jurisdiction set forth above.
Any notice required or given to you under the Terms may be delivered by electronic mail at the e-mail address you provide
during registration on the Site.
This agreement constitutes The Terms and this User Agreement constitute the complete and exclusive understanding and agreement
between you and us relating to the subject matter hereof and supersede all prior understandings, proposals, agreements,
negotiations, and discussions between the parties, whether written or oral.
If you have any questions or problems with any order placed by you in connection with the Service, please contact us via
email at info@eGifter.com or call us at toll free at 1-888-572-7121. For prompt service, please include your order
number and the specific problem.