Terms of Service
Terms of service

(Last Updated September 11, 2016)

Welcome! Giftfluence.com (this "Site"), is owned and operated by Giftfluence, LLC ("Giftfluence", "we", "us" or "our"). BEFORE USING THIS SITE OR SETTING UP AN ACCOUNT WITH GIFTFLUENCE, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE ("TERMS" OR "AGREEMENT"). THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SERVICES. ACCESS TO AND USE OF THIS SITE AND THE SERVICES IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. YOUR USE OF THIS SITE AND SERVICES CONSTITUTES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE OR SERVICES. PLEASE NOTE THAT ANY VIOLATION OF THESE TERMS MAY RESULT IN TERMINATION OF YOUR ABILITY TO ACCESS AND USE THE SERVICES.

BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. We reserve the right at any time to change all or any part of these Terms or the Services. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site or by electronic mail. Your continued use of the Services after such notice will be deemed acceptance of such changes. You can determine when these Terms were last revised by referring to the "Last Updated" legend at the top of these Terms. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms. Upon our request, you agree to sign a non-electronic version of these Terms. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any content on or feature of the Service, or for any change in any fees or charges for use of the Service.

Notice Regarding Children Under 13

Giftfluence is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 13 are prohibited from using the service without supervision by a legal guardian. Please remember that the Services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and Content (defined below) is appropriate for your child.

Relationship with Causes

When and if you register to use the Services, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address), and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of the Service. Our use and disclosure of any such information that you provide is governed by our Privacy Policy.

Participation by Nonprofits and Personal Campaigns

There are two (2) types of causes that may participate in the Services: (a) non-profit organizations and schools (each, a “Non-Profit”); and (b) personal campaigns set up by a user of the Service (each, a “Campaign”). Collectively, Non-Profits and Campaigns shall be referred to as “Causes.”

Giftfluence reserves the right to refuse participation to any Cause at any time in its sole discretion.

If you submit an application to participate in the Services as a Non-Profit you represent and warrant that you: 1) have the right to enter into and perform this agreement with Giftfluence on behalf of the Non-Profit, including, but not limited to, the consent of the Non-Profit to use its name and/or logo, and 2) that the information in your application is true, complete and current.

If you apply to participate in the Services you represent, warrant and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud or deceive any user; (ii) all amounts allocated to your Campaign will be used solely as described in the materials that you post; (iii) you will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to laws relating to your marketing and solicitation for your Campaign; and (iv) you are not a charity as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"). We reserve the right to provide information relating to your Campaign to donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation.

By participating in the Services as a Cause, you grant Giftfluence a worldwide right to: 1) display your Cause listing on our Site; 2) promote your Cause as part of the Services online, in print and any other media; and 3) display your Cause’s trademark, logo, slogans and other source or business identifiers as you provide to Giftfluence in promotion of your Cause.

Giftfluence grants you a non-exclusive, non-transferable license during the participation of your Cause in the Services to use the Services names and logos on your site, in print and other media.

You may terminate the relationship of your Cause with Giftfluence and our right to use the name and logo of your Cause at any time by giving written notice and Giftfluence will cease all such use. Giftfluence acknowledges that you retain all right, title, and interest in and to the name and logo of your Cause and reserves all rights not expressly granted.

Giftfluence may terminate this agreement or remove the listing of your Cause from the Site at any time for any reason. Upon receipt of written notice of termination from Giftfluence, you must promptly remove the logo and disable the links from your site to the Services. Upon termination, Giftfluence will mail a check to your Cause within thirty days for any donations earned.

Payment to Causes

For revenue earned and collected from qualifying searches on giftfluence.com/search each selected Cause will receive a proportion of the revenue we allocate to Causes equivalent to the proportion in which that selected Cause’s supporters use the website relative to the supporters of other listed charities. To determine the amount paid to the selected Cause, we will allocate 75% of revenues received to determine the earnings per search, which we then multiply by that selected Cause’s relative proportion of searches. For instances where a search is done without selecting a Cause, the proportional revenue attributed that search will be used to fund special contests and promotions.

For qualifying purchases through Giftfluence (giftfluence.com/shop) each listed Cause will receive a percentage of qualifying purchases from a participating merchant based on the corresponding percentage applicable to that participating merchant, as listed at www.giftfluence.com. For instances where a qualifying purchase is made without the user selecting a Cause, the revenue attributed to that purchase will be used to fund special contests and promotions.

With respect to Causes, Giftfuence will send to each listed Non-Profit a check quarterly, provided the Cause has accrued $20 or more (cumulative from all Services). If the Cause has earned less than $20, the funds will roll over until the next quarter. A schedule of when checks shall be sent can be found below

Purchases Posted Between Check Sent
January 1 - March 31 May 15
April 1 - June 30 August 15
July 1 - September 30 November 15
October 1 - December 31 February 15


If the Campaign has earned less than $20 in any pay period, the funds earned will be rolled over to next pay period.

Checks not cashed within one (1) year after issue will be deemed null and void, and all corresponding funds will instead be used to fund special contests and promotions.

Notwithstanding the foregoing, Giftfluence shall not be liable for any payment based on any amounts that result from invalid queries or invalid clicks on ads generated by any person, bot, automated program or similar device, as reasonably determined by Giftfluence, including without limitation through any clicks or impressions originating from your IP addresses or computers under your control.

To ensure proper payment, Causes are solely responsible for providing and maintaining accurate contact and payment information. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. Causes agree to pay all applicable taxes or charges imposed by any government entity in connection with their participation in the Service. Giftfluence may change its pricing and/ or payment structure at any time. If you dispute any payment, you must notify Giftfluence in writing within thirty (30) days of any such payment; failure to so notify Giftfluence shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Giftfluence. No other measurements or statistics of any kind shall be accepted by Giftfluence or have any effect under this Agreement.

Payments made to Causes through the Services are not tax-deductible contributions for the user performing the search or purchasing a product or service.

Giftfluence is a Platform Only

The Services are an administrative platform only. We facilitate the donations to Causes, but we not a party to any agreement between a between any user and a Cause. Giftfluence is not a broker, agent, financial institution, creditor or insurer for any user. We have no control over the conduct of, or any information provided by a Cause, and we hereby disclaim all liability in this regard.

Giftfluence does not guarantee that a Cause will obtain a certain number of donations or any donations at all. We do not endorse any Cause, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Cause, or the outcome of any fundraising purpose. You, as a user of the Services, must make the final determination as to the value and appropriateness of using the Services to contribute to any Cause.

We do not and cannot verify the information that Cause organizers supply, nor do we guarantee that the donations will be used in accordance with any fundraising purpose prescribed by a Cause. We assume no responsibility to verify whether the donations are used in accordance with any applicable laws, and such responsibility rests solely with the Cause, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Cause is not raising or using the funds for their stated purpose, please alert our team of this potential issue and we will investigate. Any cause found to be not raising or using the funds for their stated purpose shall be removed from the website and shall forfeit all future earnings.

Content and User conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Giftfluence, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Giftfluence does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Giftfluence be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.

The following are examples of the kind of Content and/or use that is illegal or prohibited by Giftfluence. However, this list is not exhaustive and we reserve the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and international agencies, and take appropriate action against anyone who, in our sole discretion, violates any of the terms and/or spirit of these Terms, including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any such Cause, freezing donated funds when we reasonably believe it to be required by applicable law, and reporting you to the law enforcement authorities or otherwise taking appropriate legal action. Without limiting the foregoing, you agree to not use the Services to:

1. establish or contribute to any Cause with the implicit or express purpose relating to any of the following:

    a. any activity that violates any law or governmental regulation;

    b. content or campaigns that are fraudulent, misleading, inaccurate or dishonest;

    c. illegal drugs, narcotics, steroids, controlled substances or other products that present a risk to consumer safety or any related paraphernalia;

    d. knives, explosives, ammunition, firearms, or other weaponry or accessories;

    e. annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), debt collection or crypto-currencies;

    f. gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets

    g. ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes

    h. the promotion of hate, violence, harassment, discrimination or terrorism, or racial, ethnic, or gender intolerance of any kind

    i. activities with, in, or involving countries, regions, governments, persons, or entities (including but not limited to Specially Designated Nationals) that are subject to U.S. economic sanctions, unless authorized by the Office of Foreign Assets Control, U.S. Department of the Treasury

    j. human trafficking or exploitation;

    k. pornography or other sexual content;

    l. offensive, graphic, perverse or sensitive content;

    m. the defense or support of anyone alleged to be involved in criminal activity;

    n. offering monetary rewards, including gift cards;

    o. funding an abortion;

    p. ending the life of an animal;

    q. transactions for the sale of items before the seller has control or possession of the item;

    r. collection of payments on behalf of merchants by payment processors or otherwise; or credit repair or debt settlement services.

2. transmit or otherwise upload any Content that:

    b. you do not have a right to upload under any law or under contractual or fiduciary relationships;

    c. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    d. poses or creates a privacy or security risk to any person;

    e. constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes, or any other form of solicitation;

    f. harm minors in any way;

    g. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable; or

    h. in the sole judgment of Giftfluence, is otherwise objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Giftfluence or its users to any harm or liability of any type.

3. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or

4. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.

5. impersonate any person or entity, including, but not limited to, a Giftfluence official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

6. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

7. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

8. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

9. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

10. engage in any solicitation activities in California that refers potential customers to out-of-state Giftfluence retailers, including, but not limited to, distributing flyers, coupons, newsletters, and other printed promotional materials or electronic equivalents, verbal soliciting (for example, in-person referrals), initiating telephone calls, and sending emails.

You acknowledge that Giftfluence may or may not pre-screen Content, but that Giftfluence and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, Giftfluence and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Giftfluence or submitted to Giftfluence in all parts of the Services.

You acknowledge, consent and agree that Giftfluence may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Giftfluence, its users and the public.

You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Giftfluence and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.

Giftfluence does not claim ownership of Content you submit or make available for inclusion on the Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Services, you grant Giftfluence the following worldwide, royalty-free and non-exclusive license(s), as applicable: the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Services solely for the purposes of providing and promoting the services. This license exists only for as long as you elect to continue to include such Content on the Services and will terminate at the time you remove or Giftfluence removes such Content from the Services.

Content Linked to by Giftfluence

The sites displayed as search results or linked to by the Giftfluence service are developed by people over whom Giftfluence exercises no control. The search results that appear from Giftfluence’s search engine partner's indices are indexed by Giftfluence’s search engine partner's automated machinery and computers, and Giftfluence cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. A search using the Giftfluence service may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Giftfluence search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the Giftfluence Services.

You may not take the results from a Giftfluence search and reformat and display them, or mirror the Giftfluence home page or results pages on your Web site. You may not "meta-search" Giftfluence. If you are interested in adding a Giftfluence search box to your web site or your company's web site, please contact us.

You shall not, and shall not authorize or encourage any third party to directly or indirectly generate queries, impressions of or clicks on any search results, links and/or ad(s) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software.

Earning Rewards

Giftfluence may offer rewards or monetary bonuses for registration, for referring other new members, for referring causes, for shopping, or for other specific actions. The terms and conditions accompanying such offers will govern how they are earned and paid if they differ from the description below. To qualify for a sign-up reward, a new member must make a minimum qualifying purchase totaling at least fifty dollars ($50.00) within ninety (90) days of becoming a member. To qualify for a referral bonus, a member must refer a new member who establishes their own account and makes their own minimum qualifying purchase totaling at least fifty dollars ( $55.00) within the first ninety (90) days of becoming a member. Note that sign-up and referral bonuses are given for the purpose of attracting brand new members to Giftfluence. An individual person is only eligible for one sign-up reward and may earn only one referral bonus per individual person referred.

Giftfluence may compensate users or ambassadors for referring causes, or other specific actions. To qualify for a reward based on signing up a cause, the cause must earn a minimum of $200 in qualifying donations in the 24 months after their referral. Additionally, any referrals must be established before the cause begins to market to potential users. Giftfluence reserves the right to update or eliminate any earnings programs at any time.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Giftfluence shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services. You agree that any advertising or use of social media will not violate any of the policies or terms of any retailers associated with Giftfluence.

Third-Party Websites, Software and Services

The Services may direct you to websites, software or services owned or operated by third parties ("Third Party Properties"). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. We have no control over and are not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. The fact that the Service directs you to such Third Party Properties does not indicate any approval or endorsement of any Third Party Properties. We direct you to such Third Party Properties only as a convenience. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such Third Party Properties. Other web sites may provide links to the Service with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Service, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

We shall have the right, at any time and in our sole discretion, to block links to the Service through technological or other means without prior notice.

Privacy Policy

Click here to review the Giftfluence Privacy Policy

Intellectual Property Rights

You acknowledge and agree that the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Giftfluence, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Giftfluence from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Giftfluence, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Giftfluence.

The Giftfluence names and logos used are trademarks and service marks of Giftfluence(collectively the "Giftfluence Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Giftfluence. Except as expressly provided herein, nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Giftfluence. Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Giftfluence Trademarks will inure to our exclusive benefit.

Giftfluence is committed to protecting copyrights and expects users of the Service to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Service infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Service; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding the Service should be sent to:

ATTN:
Giftfluence 1111 North Dearborn Apt 507 Chicago, IL 60610
Email: [email protected]
Indemnification

You agree to indemnify, defend and hold us, our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms; (b) your Content submissions; and/or (c) your activities in connection with the Causes or Services (including, without limitation, any and all purchases).

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL GIFTFLUENCE OR ITS AFFILIATES, PARTNERS, ADVERTISERS OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GIFTFLUENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Giftfluence or its affiliates, partners, advertisers or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Jurisdictional Issues

The Services are controlled and operated by Giftfluence from the United States, and is not intended to subject Giftfluence to the laws or jurisdiction of any state, country or territory other than that of the United States. Giftfluence does not represent or warrant that the Services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Services' availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Term and Termination

These Terms shall remain effective until terminated as set forth herein. We may, in our sole discretion, immediately terminate these Terms, and/or your access to and use of the Services or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination of these Terms, your right to access and/or use the Services will immediately cease. You agree that any termination of your access to or use of the Services may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it (including all Content submissions), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

Miscellaneous Provisions

These Terms are not assignable, transferable or sublicenseable by you except with our prior written consent; we may assign our rights and delegate our duties hereunder without your consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Unless otherwise required by law, any action or proceeding by you to enforce an obligation, duty or right arising under these Terms of Service or by law involving the Services must be commenced no later than one (1) year after the cause of action accrues.

If you have any questions or comments regarding these Terms, please contact: [email protected]