Terms & Conditions
Last updated: January 15, 2017
WELCOME: Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the OptSpot, LLC (hereinafter "giftlinks™") website (the "Service").
ACCESS: Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
MATERIAL CHANGES: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. If you have any questions about these Terms, please contact us.
ACCOUNTS: When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
Users accessing our site are responsible for maintaining the confidentiality and integrity of your account and password, including monitoring uses of your computer and/or account.
Users who subscribe to our site agree to indemnify, hold harmless, and defend giftlinks™s, its agents, employees, representatives, heirs, and assigns from damages resulting from unauthorized access to their computer, account, and/or password on our site, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username, the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
REGISTRATION/SUBSCRIPTION: In order to register/subscribe for our service, users must create an account which provides your personal information. The required personal information includes basic contact information including name, telephone number, and email address.
PAYMENT INFORMATION: Upon registering with our service, you will be directed to select your desired giftlinks™ in a variety of denominations. Please be aware that use of our service results in an administrative/convenience service fee(s) between $1.50 and $5.00, which is in addition to the payment required to purchase the giftlinks™. Our company uses a third party service to process payments, and your payment information is encrypted. We do not maintain any of your payment information on our servers or in our database.
By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
REFUNDS, EXCHANGES AND/OR CANCELLATIONS: Due to the nature of our services, we will be unable to offer refunds, exchanges and/or cancellations of an order. We encourage you to carefully review your order for giftlinks™s before completing the payment process. As our service requires delivery of your purchase electronically, it is impossible to delete, exchange, or cancel an order.
EXPIRATION DATES
In compliance with most state laws, a giftlinks™ is not a gift card. Therefore, with each purchase of a giftlinks™, you acknowledge that the giftlinks™ funds must be redeemed within SIX (6) MONTHS from date of purchase and giftlinks™ will expire and become invalid SIX (6) MONTHS after purchase if not used.
ERRORS & INACCURACIES: We are constantly updating service offerings on the Service. We may experience delays while updating information on the services we offer. There may be rare occasions when our information found on our website may contain errors or inaccuracies and may not be complete or current. We are not liable for products or services which may be mispriced, described inaccurately, or unavailable by our affiliates, and we cannot guarantee the accuracy or completeness of any information found on third party websites.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
INTELLECTUAL PROPERTY: The Service and its original content, features and functionality are and will remain the exclusive property of giftlinks™s and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of giftlinks™.
LINKS TO OTHER WEBSITES: Our Service may contain links to third party web sites or services that are not owned or controlled by giftlinks™.
giftlinks™ has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that giftlinks™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
TERMINATION: We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply request to discontinue using the Service by contacting us at support@giftlinks.io.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
INDEMNIFICATION: You agree to defend, indemnify and hold harmless giftlinks™ and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; or b) a breach of these Terms.
LIMITATION OF LIABILITY: In no event shall giftlinks™, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DISCLAIMER: Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance giftlinks™, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
EXCLUSIONS: Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
GOVERNING LAW: These Terms shall be governed and construed in accordance with the laws of Arizona federal and state courts, without regard to its conflict of law provisions.
WAIVER & ENTIRE AGREEMENT: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
WELCOME: Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the OptSpot, LLC (hereinafter "giftlinks™") website (the "Service").
ACCESS: Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
MATERIAL CHANGES: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. If you have any questions about these Terms, please contact us.
ACCOUNTS: When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
Users accessing our site are responsible for maintaining the confidentiality and integrity of your account and password, including monitoring uses of your computer and/or account.
Users who subscribe to our site agree to indemnify, hold harmless, and defend giftlinks™s, its agents, employees, representatives, heirs, and assigns from damages resulting from unauthorized access to their computer, account, and/or password on our site, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username, the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
REGISTRATION/SUBSCRIPTION: In order to register/subscribe for our service, users must create an account which provides your personal information. The required personal information includes basic contact information including name, telephone number, and email address.
PAYMENT INFORMATION: Upon registering with our service, you will be directed to select your desired giftlinks™ in a variety of denominations. Please be aware that use of our service results in an administrative/convenience service fee(s) between $1.50 and $5.00, which is in addition to the payment required to purchase the giftlinks™. Our company uses a third party service to process payments, and your payment information is encrypted. We do not maintain any of your payment information on our servers or in our database.
By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
REFUNDS, EXCHANGES AND/OR CANCELLATIONS: Due to the nature of our services, we will be unable to offer refunds, exchanges and/or cancellations of an order. We encourage you to carefully review your order for giftlinks™s before completing the payment process. As our service requires delivery of your purchase electronically, it is impossible to delete, exchange, or cancel an order.
EXPIRATION DATES
In compliance with most state laws, a giftlinks™ is not a gift card. Therefore, with each purchase of a giftlinks™, you acknowledge that the giftlinks™ funds must be redeemed within SIX (6) MONTHS from date of purchase and giftlinks™ will expire and become invalid SIX (6) MONTHS after purchase if not used.
ERRORS & INACCURACIES: We are constantly updating service offerings on the Service. We may experience delays while updating information on the services we offer. There may be rare occasions when our information found on our website may contain errors or inaccuracies and may not be complete or current. We are not liable for products or services which may be mispriced, described inaccurately, or unavailable by our affiliates, and we cannot guarantee the accuracy or completeness of any information found on third party websites.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
INTELLECTUAL PROPERTY: The Service and its original content, features and functionality are and will remain the exclusive property of giftlinks™s and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of giftlinks™.
LINKS TO OTHER WEBSITES: Our Service may contain links to third party web sites or services that are not owned or controlled by giftlinks™.
giftlinks™ has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that giftlinks™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
TERMINATION: We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply request to discontinue using the Service by contacting us at support@giftlinks.io.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
INDEMNIFICATION: You agree to defend, indemnify and hold harmless giftlinks™ and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; or b) a breach of these Terms.
LIMITATION OF LIABILITY: In no event shall giftlinks™, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DISCLAIMER: Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance giftlinks™, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
EXCLUSIONS: Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
GOVERNING LAW: These Terms shall be governed and construed in accordance with the laws of Arizona federal and state courts, without regard to its conflict of law provisions.
WAIVER & ENTIRE AGREEMENT: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.