Terms And Conditions
Welcome to giftscircle.com. By utilizing the latest technology to ensure secure, hassle-free shopping, giftscircle.com can provide you with a broad range of high-quality merchandise to help you easily express your individuality and creativity. Keep in mind, however, that we here at Giftscircle® provide our services to you subject to the following notices, terms, and conditions.
These Terms and Conditions constitute a legally binding agreement made by and between Giftscircle®, which operates www.giftscircle.com (“Website”) and you, whether personally or on behalf of an entity (“You”). These Terms and Conditions govern your use of the Website and products offered on the Website so please read them carefully.
BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TAC. IF YOU DO NOT AGREE TO BE SO BOUND, DISCONTINUE USE OF THE WEBSITE.
INTERNET TECHNOLOGY AND APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, GIFTSCIRCLE RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES ASSENT TO ANY NEW PROVISIONS OF THIS TAC THAT MAY BE POSTED ON THE WEBSITE.
Product Availability and Description
All orders placed through the Site are subject to our acceptance. We cannot guarantee that all items listed as "in stock" will ship right away, as inventory changes significantly from day-to-day. In rare cases, an item may be in stock when you place an order but is sold out by the time we attempt to process the order. We will notify you if this happens and cancel the item from your order.
While we try to provide accurate pricing information, we cannot insure against pricing errors or changes. Therefore, we reserve the right, in our sole discretion, to cancel or not process any order placed on the Site if the price was incorrectly provided as a result of an error. In such instances, we will notify you by email and correct the price on the Site.
We attempt to provide accurate descriptions of the products and services available on our Site. However, we do not warrant that the descriptions are accurate, complete, reliable, current or error-free.
Sales tax will be added to orders when applicable. It will be displayed during checkout along with any other pricing information that may pertain to your order.
While you may purchase products from our Site without creating an account, certain features (such as our registry) require you to create an account. You promise to provide current and accurate information when registering for an account. You are responsible for any actions that take place while using your account. Keep your username and password secure and do not allow anyone else to use your username or password to access the Site. We are not responsible for any loss that results from the unauthorized use of your username or password, with or without your knowledge.
The Site may be available with mobile use. Not all carriers and devices are supported. Your use of the Site may be subject to the terms and conditions of your agreements with your mobile device manufacturer and your carrier.
Product Transactions on the Website
Products may only be purchased by individuals who can form legally binding contracts under applicable law. All persons accessing the Website or using Giftscircle® services must be at least 18 years of age. Minors under 18 and at least 13 years of age may access the Website only if they have appropriate permission and direct supervision by the owner of the account. Children under age 13 are not permitted to use the Website. You are responsible for any and all account activity conducted by a minor on your account.
In your use of the Website, you may not (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party (ii) disrupt or interfere with the security or use of the Website, (iii) interfere or damage the Website, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology, (iv) attempt to use another’s account, or personal information, impersonate another person or entity, misrepresent your affiliation with another person or entity, including Giftscircle®, federal, state or municipal government, a political candidate, or create a false identity (v) attempt to obtain unauthorized access to the Website or portions of the network that are restricted from general access, (vi) engage, directly or indirectly, in transmission of ‘spam,’ chain letters, junk mail or any type of unsolicited solicitation, (vii) collect, manually or through automatic process, information about other users without their express consent or other information related to the Website, (viii) use meta tags or other “hidden text” utilizing Website, Giftscircles’ name, trademarks, or product names, (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by Website, (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website, or (xi) assist any party in engaging in any activity prohibited by these TAC.
If you become aware of any conduct that violates these TAC, Giftscircle® encourages you to contact customer service at email@example.com Giftscircle® reserves the right, but will have no obligation, to respond to such communications.
Intellectual Property Rights
All content included on the Site, such as photos, text, graphics, designs, logos, catalogs, icons, presentations, videos, data, instructions, photographs, and software (the "Materials") is the property of Giftscircle® or its licensors. The Materials are protected by copyright, trademark and other intellectual property laws.
Giftscircle®, as well as other trademarks, service marks and logos that we use, are trademarks of Giftscircle®. Your use of any of the trademarks found on this Site without express permission is strictly prohibited.
The graphic and textual content, arrangement, and assembly of this site is the property of giftscircle.com or its content suppliers and protected by U.S. and international copyright laws. Users should feel free to use this site as a shopping resource, but any other use of the site, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. In addition, the software used on this site is the property of Giftscircle® or its software suppliers and is protected under U.S. and international copyright laws.
Ownership and Use
Giftscircle® will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of these TAC or otherwise, except as set forth in this TAC. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on Website in the normal course of your use of the Website. You may not use any third-party intellectual property without express written permission of the applicable party, except as permitted by law.
DMCA Copyright Policy and Copyright Agent
Giftscircle® respects the intellectual property rights of others and expects its users to do the same. If you believe Website or a user of the Website has infringed intellectual property please notify our Intellectual Property Agent at Policy@giftscircle.com and provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right.
- An identification of the intellectual property claimed to have been infringed.
- A detailed description of the material you claim is infringing, so that we may locate it, including the URL where the infringing material appears.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner its agent, or the law.
- A statement made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.
- Use any manual process or robot, spider, scraper, or other automated means to collect information from the Site or from users of the Site.
- Copy, modify, republish, or repost, distribute, or otherwise exploit the Materials or information from the Site.
- Mirror any Materials contained on this Site or any Giftscircle® server or use framing techniques to enclose the Site or any part of the Site or circumvent any of the technical limitations of the Site.
- Perform or attempt to perform any actions that would interfere with access to or operation of the Site.
- Change or delete any ownership notices from any Materials or the Site.
- Use the Site in a way that violates law, would create liability, or promote illegal activities.
- Transmit files or messages containing computer viruses or worms, Trojan horses, or “spyware” programs.
- Impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user's account.
- Use the Site or post anything to the Site for commercial activities such as contests or advertising.
THE SITE AND MATERIALS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. GIFTSCIRCLE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE SITE OR MATERIALS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIALS AND WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GIFTSCIRCLE HEREBY DISCLAIMS ALL WARRANTIES REGARDING THE MATERIALS AND SITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GIFTSCIRCLE EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, THAT COMMUNICATIONS TO OR FROM THE SITE WILL BE SECURE AND NOT INTERCEPTED, THAT THE CAPABILITIES OFFERED ON THE SITE WILL BE UNINTERRUPTED, OR THAT ACCESS TO OR USE OF THE SITE WILL BE FREE FROM ERRORS OR DEFECTS OR THAT SUCH ERRORS OR DEFECTS WILL BE CORRECTED. This disclaimer does not apply to products ordered through the Site.
EXCLUSION OF DAMAGES
GIFTSCIRCLE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF OUR PRODUCTS INCLUDING ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH. GIFTSCIRCLE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF WEBSITE, BASED ON ANY CAUSE OF ACTION, EVEN IF GIFTSCIRCLE OR ANY OF ITS INDEMNIFIED PARTIES ARE ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
EXCEPT FOR A PARTY’S BREACH OF A REPRESENTATION AND WARRANTIES UNDER THESE TAC OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TAC, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TAC, OR SERVICES OR PRODUCTS PROVIDED BY WEBSITE EXCEED THE AMOUNT PAID BY YOU TO GIFTSCIRCLE FOR ANY PRODUCT(S).
We control and operate the Site from our offices in the United States. We do not represent that the Site (or any content) are applicable, appropriate or available for use in locations outside the United States. If you choose to access or use the Site from locations outside of the United States, you do so at your own initiative and risk and you are responsible for compliance with all applicable United States and local laws and regulations. Unless otherwise stated, the Site is solely directed to individuals, companies, or other entities located in the United States.
All disputes between you and Giftscircle® related to the operation of Website or Giftscircle® products will be exclusively resolved under confidential binding arbitration held in Baltimore, Maryland before a single arbitrator in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator designated by American Arbitration Association will determine whether any generally applicable contractual defenses to this agreement exist, including but not limited to fraud, duress, or unconscionability. No arbitration between us will be joined to an arbitration involving any other party subject to these TAC, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, Giftscircle® will have the right to seek injunctive or other equitable relief in state or federal court to enforce these terms or prevent an infringement of a third party’s rights. In the event such relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
Class Action and Class Arbitration Waiver
Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Small Claims Court Claims
Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
Exclusive Venue for Litigation
To the extent that the arbitration provisions set forth above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Baltimore, Maryland (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Baltimore, Maryland for any litigation other than small claims court actions.
Governing Law. The law which shall resolve all disputes between the parties shall be the laws of Maryland and the United States of America.
Giftscircle® will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to You or any third party, to terminate your account or your access to Website, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of these TAC, (ii) your violation of the rights of any third party; (iii) the invalidity of your credit card; (iv) you are exceeding your credit card limit; (v) or “chargeback” of a fee or other payment.
If You are a member, You may terminate your account for any reason at any time subject to these TAC by emailing firstname.lastname@example.org and requesting termination.
If your account is terminated, Giftscircle® may, in its sole discretion, delete any web sites, files, graphics or other content or materials relating to your use of Website in its possession.
Following termination, you will not be permitted to use Website.
B. Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of Maryland, excluding its conflict of law rules. Under those circumstances, tour further expressly consent and agree to submit to the exclusive jurisdiction and venue of a state or federal court located in Baltimore County, Maryland.
C. Limitations on Claims
Any cause of action or claim you may have with respect to Giftscircle® or the Site (including without limitation the purchase of products and services) must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred. This provision does not apply to users residing in New Jersey.
D. No Waiver
The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the provisions is found to be partially or wholly invalid, illegal or unenforceable, such as provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
F. Entire Agreement