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EGIFTIA.COM USER AGREEMENT

BY CLICKING THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF EGIFTIA.COM, INCLUDING THE E-GIFT CARD SERVICE (THE "SERVICE").  IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF A CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP OR OTHER ENTITY OR ENTITIES, YOU REPRESENT, WARRANT AND AGREE THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR ENTITIES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL INCLUDE SUCH ENTITY OR ENTITIES, WHICH SHALL BE SUBJECT TO AND BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE.

Welcome
As part of the Service, eGiftia.com will provide You with use of the Service.  Your registration for, or use of, the Service shall be deemed to be Your agreement to abide by this Agreement, eGiftia.com's Privacy Policy, eGiftia.com’s Terms of Use, and if applicable, eGiftia.com’s Affiliate Agreement.  For reference, a Definitions section is included at the end of this Agreement.

1. Privacy Policy and Terms of Use; Disclosure
eGiftia.com's Privacy Policy and Terms of Use may both be viewed at http://www.egiftia.com.

You agree that eGiftia LLC ("eGiftia") may disclose the fact that You are a paying subscriber, Your plan, the price of Your plan and certain commission information to eGiftia.com’s Affiliates. 

2. License Grant & Restrictions
In exchange for payment for the Service in accordance with eGiftia’ pricing policies, as such policies may be changed from time to time, eGiftia hereby grants You, on a monthly basis, a non-exclusive, non-transferable right to use the Service, solely for Your own business purposes, subject to the terms and conditions of this Agreement.  All rights not expressly granted to You are reserved by eGiftia.  Subscriber licenses cannot be shared or used by more than one person.

You may not access the Service if You are a direct competitor of the Service and/or eGiftia, except with eGiftia’ prior express written consent.  In addition, You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.  The parties agree that any violation of the foregoing would cause serious and irreparable harm to eGiftia.  In addition to any other right or remedy, eGiftia shall have the right to enforce any actual or threatened breach, default or violation of the foregoing by seeking injunctive relief or through any other equitable remedy.

3. Delivery and Ownership of Leads, Lists and Data
Any leads, lists and / or data ("Your End User Data", hereafter) collected through the Service, via Your eGiftia account, shall be delivered by e-mail, within your eGiftia account or other method as determined by eGiftia.  

As between eGiftia and You, You own the right, title and interest in and to Your End User Data collected through the Service via Your eGiftia account. You grant eGiftia a perpetual, irrevocable, royalty free, worldwide license to access, reproduce, analyze and utilize Your End User Data as well as any other data generated by You through the Service in order to (i) monitor and investigate use of the Service, (ii) combat fraud and abuse (iii) improve, enhance, and enrich the Service for You and eGiftia’ other customers, (iv) target, profile and enhance ad targeting, customer acquisition efforts, data augmentation, and other advertising related endeavors, and (v) acquire Your End User Data on Your behalf via the Service and deliver it to You. However, such license shall exclude the right for eGiftia to send direct marketing communications to Your End Users using contact information submitted via the Service without direct User consent given to eGiftia. You acknowledge that it is possible, however, that through eGiftia own independent marketing efforts or those of other customers of eGiftia, certain individuals may separately become both eGiftia customers and Your End Users, in which case the exclusion set forth in this provision shall not apply to such customers.

You understand and agree that it is Your responsibility to protect Your End User Data by not disclosing, to any party, the username and password information used to access Your eGiftia account.

4. Your Content and Conduct

  • As a eGiftia subscriber You may submit Your Content to the Service, including videos, music, audios, images, ebooks, digital downloads and digital documents. You understand that eGiftia does not guarantee any confidentiality with respect to Your Content that You submit.
  • You shall be solely responsible for Your Content and the consequences of submitting and publishing Your Content on the Service. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish Your Content that You submit; and you license to eGiftia all patent, trademark, trade secret, copyright or other proprietary rights in and to Your Content for publication on the Service pursuant to this Agreement.
  • You retain all of your ownership rights in Your Content. However, by submitting Your Content to eGiftia, You hereby grant eGiftia a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with the Service and eGiftia’ (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access Your Content through the Service, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Service and under this Agreement. The above licenses granted by You in Your Content that You submit to the Service terminate within a commercially reasonable time after You remove or delete Your Content from the Service. You understand and agree, however, that eGiftia may retain, but not display, distribute, or perform, server copies of Your Content that has been removed or deleted. The above licenses granted by You in user comments You submit are perpetual and irrevocable.
  • You further agree that Your Content that You submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless You have permission from the rightful owner of the material or You are otherwise legally entitled to post the material and to grant eGiftia all of the license rights granted herein.
  • You further agree that You will not submit to the Service any content or other material that is contrary to applicable local, national, and international laws and regulations.
  • eGiftia does not endorse any content submitted to the Service by any subscriber or other licensor, or any opinion, recommendation, or advice expressed therein, and eGiftia expressly disclaims any and all liability in connection with Your Content or other subscribers content. eGiftia does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and eGiftia will remove all of Your Content, or other subscribers content, if properly notified that Your Content, or other subscribers content, infringes on another's intellectual property rights. eGiftia reserves the right to remove Your Content, or other subscribers content, without prior notice.

5. Your Responsibilities
You are responsible for all activity occurring under Your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with Your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. 

You shall: (i) notify eGiftia immediately of any unauthorized use of any password or account or any other known or suspected breach of security relating to the Service; and (ii) report to eGiftia immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by You.

You shall not, without eGiftia’ express prior written consent (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics as the Service, or (c) copy any ideas, features, functions or graphics of the Service. 

You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) impersonate another Service subscriber or attempt to gain unauthorized access to the Service or its related systems or networks in any manner, including, but not limited to, by providing false information to the Service.

6. Selling Your Products
As part of the Service, and depending upon the terms and conditions of Your eGiftia subscription, eGiftia enables You to sell Your Content to others, including but not limited to, potential customers, entities, individuals, organizations and corporations  (collectively referred to herewith as “Third Parties”).

eGiftia is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any and all communications, agreements, transactions, interactions, disputes or any relations of any kind between You and any and all Third Parties ("Your Interactions with Third Parties"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to Your Interactions with Third Parties.

You further agree that eGiftia is not responsible in any manner whatsoever for any monetary transactions, fees, payments, taxes, penalties, returns or other types of monetary disputes that arise out of and/or are generated from the marketing, promotion, and/or sale  of Your Content to Third Parties.  

You agree to indemnify and hold eGiftia harmless from and against any third-party claim(s), cause(s) of action, demand(s) or damages related to or arising out of Your Interactions with Third Parties. This indemnification obligation includes but is not limited to the payment of any attorneys' fees and other costs incurred by eGiftia.

7. Affiliate Features For Subscribers Selling Products
As part of the Service, and depending upon the terms and conditions of Your eGiftia subscription, eGiftia enables You to offer an affiliate program to others who may wish to promote and/or sell Your products (“Your Affiliates”).  eGiftia is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any and all communications, agreements, transactions, interactions, disputes or any relations of any kind between You and any and all of Your Affiliates ("Your Interactions with Your Affiliates"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to Your Interactions with Your Affiliates.

You further agree that eGiftia is not responsible in any manner whatsoever for any monetary transactions, fees, commissions, payments, taxes, penalties, returns or other types of monetary disputes that arise out of and/or are generated from Your Interactions with Your Affiliates.  

You agree to indemnify and hold eGiftia harmless from and against any third-party claim(s), cause(s) of action, demand(s) or damages related to or arising out of Your Interactions with Affiliates.  This indemnification obligation includes but is not limited to the payment of any attorneys' fees and other costs incurred by eGiftia.

8. Account Information and Data
eGiftia has the right to own and assemble lists of any subscriber information containing information other than credit card numbers and full social security numbers.  You, not the Service, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all data, information or material that You submit to the Service in the course of using the Service ("Subscriber Data"), and the Service shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Subscriber Data.  Upon termination of this Agreement, Your right to access or use Subscriber Data immediately ceases, and eGiftia shall have no obligation to maintain or forward any Subscriber Data.  You agree and acknowledge that eGiftia has no obligation to retain Subscriber Data.

9. Intellectual Property Ownership
eGiftia alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Service.  This Agreement is not a sale and does not convey to You any rights of ownership in or related to the Service or the Intellectual Property Rights owned by eGiftia.  The eGiftia.com name and logo and the service names associated with the Service are trademarks of eGiftia, and no right or license is granted to use them.

10. Third Party Interactions
During use of the Service, You may enter into correspondence with and/or purchase goods and/or services from third parties through the Service.  Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between You and the applicable third party.  eGiftia shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between You and any such third party.  eGiftia does not endorse any websites on the Internet that are linked through the Service.  eGiftia may provide these links to You only as a matter of convenience, and in no event shall eGiftia be responsible for any content, products, services or other materials on or available from such sites.  eGiftia provides the Service to You pursuant to the terms and conditions of this Agreement.  You recognize, however, that certain third party providers of ancillary software, hardware or services may require Your agreement to additional or different license or other terms prior to Your use of or access to such software, hardware or services.

11. Charges and Payment of Fees
Fees, charges and billing terms relating to the Service may be accessed in the pricing section at http://www.egiftia.com.  You agree to pay all fees or charges to Your account, including, but not limited to, such fees and charges for monthly licenses to use the Service (collectively, “Service Fees”), in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.  Service Fees are in U.S. dollars and are exclusive of all taxes, levies, or duties imposed by taxing authorities.  You shall be responsible for payment of all such taxes, levies, or duties other than United States (federal or state) taxes based solely on eGiftia’ income. 

All payment obligations are non-cancelable and all amounts paid are nonrefundable.  eGiftia reserves the right to modify its fees, charges and billing terms relating to the Service at any time, upon at least 30 days’ prior notice to You, which notice may be provided by e-mail.  All fees, charges and billing terms relating to the Service are confidential and You agree not to disclose them to any third party.

12. Billing and Renewal
eGiftia charges its Service Fees in monthly increments commencing on the Effective Date.  eGiftia will charge Your credit card for all such monthly increments in advance of the applicable monthly period and will e-mail You confirmation thereof.

You agree to provide eGiftia with complete and accurate billing and contact information.  eGiftia’ subscribers who register to use the Service must provide eGiftia with their contact information, such as their name, company name, address, phone number, e-mail address, and financial qualification and billing information.  eGiftia may ask for additional information such as title, department name, fax number or additional company information, such as annual revenues, number of employees or industry.  You agree to update this information within 30 days of any changes thereto.  If any information You have provided is false or fraudulent, eGiftia reserves the right to terminate Your access to the Service in addition to any other legal remedies.

13. Non-Payment and Suspension
In addition to any other rights granted herein or provided by applicable law, eGiftia reserves the right to suspend or terminate this Agreement and Your access to the Service if Your account becomes delinquent (falls into arrears) or You fail to pay any Service Fees.  In the event of any termination of this Agreement, You will be obligated to pay the balance due on Your account, including, but not limited to, any Service Fees.  You agree that eGiftia may charge such Service Fees and/or other account balances to Your credit card.

14. Term and Termination
This Agreement commences on the Effective Date.  Either party may terminate this Agreement at any time upon written notice to the other party.  In the case of a FREE plan provided by eGiftia to You, notice of termination will not be necessary for eGiftia to terminate this Agreement, unless You subscribe to the Service on a paying basis.  Upon termination of this Agreement, You agree to pay any outstanding Service Fees.

eGiftia may immediately terminate this Agreement upon written notice to You in the event of a breach of any provision of this Agreement, including, but not limited to, a failure to satisfy Your payment obligations hereunder and/or any unauthorized use of the Service.  In such event, eGiftia may also terminate Your account and Your use of the Service.

15. Digital Millennium Copyright Act
a. Pursuant to Digital Millennium Copyright Act ("DMCA"), if You are a copyright owner or an agent thereof and believe that any content infringes upon Your copyrights, You may submit a written notification to eGiftia’ designated Copyright Agent (identified in subsection b. hereof) and include therewith substantially the following information (see 17 U.S.C 512 et seq. for further detail):

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that You have 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
  • A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    eGiftia’ designated Copyright Agent to receive notifications of claimed infringement is: Attention to: Brad Robinson, eGiftia, 11936 W. 119th St., Overland Park, KS, 66213, email: info@egiftia.com. You acknowledge that if You fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

b. Contents of Counter Notification - If You believe that Your Content that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in Your Content, You may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of Your Content that has been removed or to which access has been disabled and the location at which Your Content appeared before it was removed or disabled;
  • A statement that You have a good faith belief that Your Content was removed or disabled as a result of mistake or a misidentification of Your Content; and
  • Your name, address, telephone number, and e-mail address, a statement that You consent to the jurisdiction of the U.S. District Court for the Central District of Illinois and a statement that You will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, eGiftia may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, user or subscriber, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at eGiftia sole discretion.

16. Representations & Warranties
You represent and warrant that You have the legal power and authority to enter into this Agreement.  You represent and warrant that You have neither falsely identified Yourself nor provided any false information to gain access to the Service and that Your billing information is correct.

17. Indemnification
You shall indemnify and hold harmless eGiftia and its subsidiaries, affiliates, officers, directors, employees, attorneys and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) any claims that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) any breaches of Your representations and warranties contained in this Agreement; and (iii) any breaches of Your covenants contained in this Agreement.

18. Disclaimer of Warranties
EGIFTIA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT.  EGIFTIA DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS.  ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

19. Internet Delays
THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.  EGIFTIA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

20. Limitation of Liability
IN NO EVENT SHALL EGIFTIA’ AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.  IN NO EVENT SHALL EGIFTIA BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF EGIFTIA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT AND THAT IN ITS ABSENCE THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.  THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.

21. Notice
eGiftia may give notice by means of a general notice on the Service, electronic mail to Your e-mail address on record in Your Service account information, or by written communication sent by first class mail or pre-paid post to Your address on record in Your Service account information.  Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by e-mail).  You may give notice to eGiftia (such notice shall be deemed given when received by eGiftia) at any time by the following:  letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail sent certified/return receipt requested to eGiftia at the following address: eGiftia, 11936 W. 119th St., Overland Park, KS, 66213, or a successor address after notice to You.

22. Modification to Terms
eGiftia reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service.  You are responsible for regularly reviewing this Agreement.  Continued use of the Service after any such changes shall constitute Your consent to such changes.

23. Assignment
This Agreement may not be assigned by You without the prior written consent of eGiftia.  eGiftia may assign this Agreement without Your written consent.  Any purported assignment in violation of this section shall be void and of no force or effect. 

24.  Monitoring
MONITORING. YOU ACKNOWLEDGE THAT EGIFTIA OR ITS DESIGNEES RESERVES THE RIGHT TO, AND MAY FROM TIME TO TIME, MONITOR ANY AND ALL ACTIVITY OR INFORMATION TRANSMITTED OR RECEIVED THROUGH THE SERVICE OR WWW.EGIFTIA.COM. EGIFTIA IN ITS SOLE DISCRETION AND WITHOUT FURTHER NOTICE TO YOU, MAY (BUT IS NOT OBLIGATED TO) REVIEW, CENSOR OR PROHIBIT ANY ACTIVITY OR THE TRANSMISSION OR RECEIPT OF ANY INFORMATION WHICH EGIFTIA DEEMS INAPPROPRIATE OR THAT VIOLATES ANY TERM OR CONDITION OF THIS AGREEMENT. DURING MONITORING, INFORMATION MAY BE EXAMINED, RECORDED, COPIED, AND USED FOR AUTHORIZED PURPOSES. USE OF THE SERVICE, AUTHORIZED OR UNAUTHORIZED, CONSTITUTES CONSENT TO SUCH MONITORING. UNAUTHORIZED USES AND UNAUTHORIZED USERS OF THIS COMPANY WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.

25. Force Majeure
NO PARTY WILL BE LIABLE TO THE OTHER FOR ANY DELAY OR INTERRUPTION IN PERFORMANCE AS TO ANY OBLIGATION HEREUNDER RESULTING FROM GOVERNMENTAL EMERGENCY ORDERS, JUDICIAL OR GOVERNMENTAL ACTION, EMERGENCY REGULATIONS, SABOTAGE, RIOTS, VANDALISM, LABOR STRIKES OR DISPUTES, ACTS OF GOD, FIRES, ELECTRICAL FAILURE, MAJOR COMPUTER HARDWARE OR SOFTWARE FAILURES, EQUIPMENT DELIVERY DELAYS, ACTS OF THIRD PARTIES, OR DELAYS OR INTERRUPTIONS IN PERFORMANCE BEYOND ITS REASONABLE CONTROL; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT APPLY TO YOUR REQUIREMENTS TO MAKE FULL AND PROMPT PAYMENT FOR ANY PRODUCTS OR SERVICES.

26. General
This Agreement supersedes any prior user agreement between You and eGiftia relating to use of Service and such matters; provided, that You will also be subject to the eGiftia.com Terms of Use, the eGiftia.com Privacy Policy, and if applicable, the eGiftia.com Affiliate Agreement.  In the event any provisions of this Agreement are held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement.  The failure of a party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  By accessing the Service You agree that the statutes and laws of the United States and the state of Illinois, USA, without regard to conflicts of laws principles, will apply to all matters relating to use of the Service, and You agree that any litigation shall be subject to the exclusive jurisdiction and venue of the state or federal courts in or for the County of Iroquois, Illinois, USA.  You and eGiftia agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.  The paragraph titles in this Agreement are for convenience only and have no legal or contractual effect.

27. Compliance
You agree to comply with any and all applicable rules, regulations, statutes and laws, including, but not limited to, any and all state and federal privacy, marketing and advertising rules and laws.  You agree not to engage in any fraud or misrepresentations, or any abusive or unfair practices, in connection with Your use of the Service.  In the event You violate any of the foregoing, You agree to promptly notify eGiftia of such violations and to take all necessary and appropriate measures to resume compliance.

You agree to indemnify eGiftia and hold eGiftia harmless from and against any liabilities, losses, damages (compensatory, incidental, consequential, exemplary or punitive), fines, charges, costs, expenses, lost profits, attorneys’ fees, court costs, expert witness fees, settlement amounts, judgments, and loss of reputation or goodwill amounts arising, resulting, sustained or incurred, which can or may arise, result, be sustained or incurred in any way in connection with any breach or violation by You (or any agent, affiliate, employee or representative of You) of any rule, statute, regulation or law or any breach, default or violation of this Agreement.  

28. Definitions
"Agreement" means this User Agreement and any materials available on the eGiftia.com website specifically incorporated by reference herein, including, but not limited to, the eGiftia.com Privacy Policy, the eGiftia.com Terms of Use and, if applicable, the eGiftia.com Affiliate Agreement.  Such materials, including the terms of this Agreement, may be updated by eGiftia from time to time in its sole discretion.

“Content" means the audio and visual information, documents, software, products and services contained or made available to You in the course of using the Service.

"Subscriber Data" means any data, information or material provided or submitted by You to the Service in the course of using the Service.

"Effective Date" means the date this Agreement is accepted by selecting the "I Accept" option.

"Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.

“Your Content” means any video, music, audio, images, ebook, digital downloads and digital documents that You own and/or have the necessary licenses, rights, consents, and permissions to publish.  

Questions or Additional Information:
If You have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@egiftia.com.