The Gift Insider, LLC

Terms of Use Agreement for www.thegiftinsider.com


THE GIFT INSIDER, LLC WELCOMES YOU TO www.thegiftinsider.com (THE "SITE") AND ASKS THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH, IN ADDITION TO ANY OTHER AGREEMENTS TO WHICH YOU ARE A PARTY WITH THE GIFT INSIDER, CONSTITUTES A BINDING AGREEMENT THAT COVERS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE (COLLECTIVELY, "THIS AGREEMENT"). BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS, THE PRIVACY POLICY AND ANY OTHER DOCUMENTS WHICH ARE A PART OF THIS AGREEMENT. IF THIS AGREEMENT IS INCONSISTENT WITH ANY OTHER AGREEMENTS TO WHICH YOU ARE A PARTY WITH THE GIFT INSIDER, THE TERMS OF SUCH OTHER AGREEMENTS WILL CONTROL. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND THE OTHER TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.


USE OF THE SITE

This Site, including any communications or material contributed in any form by you, is provided solely for your personal, non-commercial enjoyment and any use of this Site for purposes other than entertainment is strictly prohibited. By way of example, you may not use any features of this Site that permit communications or postings to post, transmit, display, or otherwise communicate:

  • any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
  • any advertisement, solicitation, spam, chain letter, or other similar type of information;
  • any encouragement of illegal activity;
  • unauthorized use or disclosure of private, personally identifiable information of others;
  • any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so; or
  • submitting false information or impersonating someone other than yourself, including but not limited to subscribing another party without their authorization or registering multiple subscriptions under the same or different names.

PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS SITE.

This is a legal agreement between you and The Gift Insider.


OWNERSHIP OF INTELLECTUAL PROPERTY

The information contained on this Site, including all images, designs, photographs, writings, data, information and other materials ("Materials") are the property of The Gift Insider or its authorized licensors, sponsored parties and/or content providers and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this Site solely for the purposes of using this Site for the authorized uses described above and in this Agreement. You must retain all copyright and other proprietary notices on all copies of the Materials. You must comply with all copyright laws worldwide in your use of this Site and prevent unauthorized use and/or copying of the Materials. Except as provided in this Agreement, The Gift Insider does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.


DISCLAIMER OF WARRANTY

You expressly agree that use of this Site is at your sole risk. Neither The Gift Insider, its affiliates, nor any of their officers, managers, directors, employees, agents or licensors/content providers, sponsored companies or the like (collectively, "Providers") warrant that this Site will be uninterrupted or error-free; free of infection by software viruses or other harmful computer code, files or programs; nor do the Providers make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.

The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, The Gift Insider does not warrant reliability of any statement or other information displayed or distributed through this Site. The Gift Insider reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site. The Gift Insider may make any other changes to this Site, including to the Materials and the products, programs, services, or prices (if any) described in this Site at any time without notice.


THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. THE GIFT INSIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE GIFT INSIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES PROVIDED, OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.


LIMITATION OF LIABILITY

YOU AGREE THAT THE GIFT INSIDER AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHER LEGAL THEORY. UNDER NO CIRCUMSTANCES SHALL THE GIFT INSIDER OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER THE GIFT INSIDER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Gift Insider and its Providers from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use, misuse or inability to use of this Site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.


PRIVACY POLICY


Click here to access The Gift Insider's Privacy Policy which governs the use of information that The Gift Insider obtains from you through your use of this Site.


LIMITATIONS ON CLAIM

Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises.


TERM AND TERMINATION

Without limiting its other remedies, The Gift Insider may immediately discontinue, suspend, terminate, or block your (or any user's) access to this Site at any time in our sole discretion.


HYPERLINK DISCLAIMER

As a convenience to you, we may provide on this Site links to Internet web sites operated by other entities (collectively the "Linked Sites"). If you use any Linked Sites, you will leave this Site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by The Gift Insider. The content, accuracy, opinions expressed, and further links provided on Linked Sites are not investigated, verified, monitored, or endorsed by The Gift Insider. The Gift Insider does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/ or offered on any Linked Site. Links do not imply that The Gift Insider or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of The Gift Insider or any of its affiliates or subsidiaries. Except for links to information authored by The Gift Insider, The Gift Insider is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/ or transact any business thereon, you do so at your own risk. The Gift Insider reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Site concerning any information, goods, and/or services or intellectual property appearing thereon.


YOUR COMMUNICATIONS WITH THE SITE

The Gift Insider does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site. By contributing or submitting any material, information or opinions ("Content") to The Gift Insider, you warrant that you are the author and owner of the intellectual property rights to such Content, and you grant The Gift Insider a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and distribute, or incorporate such Content into any form, medium or technology, without compensation to you. In addition, you warrant that all "moral rights" that you may have in such Content has been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of The Gift Insider, its Providers and their agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. The Gift Insider reserves the right to change, share or delete any content on the Site that The Gift Insider deems, in its sole discretion, to violate any written or unwritten


Content guidelines or any provision of this Agreement.

The Gift Insider does not pre-screen, monitor, review or edit Content. The Gift Insider does reserve the right, in its sole judgment, to refuse to display or remove any Content, in whole or in part, if The Gift Insider finds such material to be undesirable, inappropriate or inaccurate. The Gift Insider is not responsible for any failure, non-failure or delay in removing any Content. You acknowledge and agree that your views and those of other users presented on the Site do not necessarily reflect the views of The Gift Insider and The Gift Insider does not support or endorse Content on the Site that is posted by you or any other user.


EDITORIAL CONTENT AND SPONSORED PRODUCTS

The Gift Insider provides a number of different services to assist you in comparison shopping or making gift choices. The Gift Insider may be paid by merchants or other third parties for listing or otherwise reviewing products and services on the Site and for promotions such as "sponsored products," "featured merchants," "featured products" and "showcases." The Gift Insider may receive a listing fee from merchants for whom The Gift Insider has agreed to review or sponsor.

The Gift Insider does not warrant that the product descriptions, pricing, reviews or commentary, regardless of its source, is accurate, complete, reliable, current or error-free. All such information is provided for informational purposes only and does not necessarily constitute an endorsement by The Gift Insider of any product, merchant, seller or service. The Gift Insider assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, or user product rating) or other information on the Site.


CONTESTS, SWEEPSTAKES AND PROMOTIONS

From time to time, the Site may provide the opportunity for users to enter contests, sweepstakes and promotions located on or accessed through the Site (collectively, "Contest" or "Contests"). In order to participate in Contests, users may be required to complete a registration form to be come registered users (each, a "Registered User"). Upon submission, all registrations become the exclusive property of The Gift Insider. Registered Users are allowed only one account unless Contest rules provide otherwise. The Gift Insider, at its sole discretion, may suspend or revoke the registration of any Registered User at any time, for any or no reason whatsoever.

Registered Users agree to release The Gift Insider and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any Contest. The Gift Insider is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User's ability to participate in any Contest.

Each Registered User agrees to act fairly and be bound by the specific rules of a Contest. A Registered User who violates any of the rules or guidelines for behavior published on the Site, or any website where the Contest is conducted, are subject to immediate disqualification and revocation of their registration. The Gift Insider is under no obligation to award any prize to any Registered User who violates a published rule or guideline or does not engage in fair play or otherwise acts with disrespect toward other Registered Users.

Some Contests may offer prizes to Registered Users. All prizes are subject to the official Contest or contest rules published with that Contest. The Gift Insider reserves the right to cancel, terminate or alter any Contest or the rules thereof at any time without prior notification.


CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS

This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. The Gift Insider makes no representation that the Materials are appropriate or available for use outside the United States. If you access this Site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Oakland County, Michigan for any disputes with The Gift Insider arising out of your use of this Site.


ENTIRE AGREEMENT

This Agreement (as defined at the beginning of this document) constitutes the entire agreement between The Gift Insider and you with respect to this Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.


MODIFICATIONS TO AGREEMENT

We may revise this Agreement at any time and from time to time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this Site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. The Gift Insider does not and will not assume any obligation to notify you of changes to this Agreement.


ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement you transmit through this Site, including but not limited to any consent you give to receive communications from The Gift Insider solely through electronic transmission. You agree that when in the future you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature