Terms & Conditions
Effective Date: August 11, 2017
These Terms of Service constitute a legally binding agreement between you and Gifts for Good, LLC, a California corporation (“GFG”), governing your access and use of www.giftsforgood.com (the “Site”) and the software, services and products made available through the Site (collectively the “Services”).
This Agreement includes provisions for binding arbitration on an individual basis – which includes a waiver of a right to a jury trial or a right to file a class action.
Internet technology, and the applicable laws, rules and regulations change frequently. GFG reserves the right to make changes to these Terms of Service at any time.
1. Gifts for Good
Gifts for Good is an online marketplace that curates premium gifts for professionals that support charitable and enterprise-based causes.
2. General Rules About Creating Accounts
Although users do not need to create an account to purchase products on the Site, users may want the convenience of an account for faster checkout or to view and track their orders.
Eligibility: To be eligible to create an account, you must be at least 18 years of age.
Account Creation: To establish an account through the online registration process, you must provide your name, a valid email address, and password and accept these Terms of Service. Users may also input and store their shipping, billing and credit card information for faster checkout. When an account is created, you will automatically be subscribed to GFG’s newsletters. Users can opt-out through the unsubscribe link in that newsletter and/or corresponding email.
Account Security: You are responsible for safeguarding your password and agree not to disclose your password to any third party. You are solely responsible and liable for any activities or actions taken under your password, whether or not you have authorized such activities or actions. GFG shall not be liable for any loss or damage arising from your failure to keep your password or account secure.
3. Product & Order Information
Product Descriptions: GFG does its best to describe offered products, including their colors, as accurately as possible; however, the appearance of those colors may vary as a result of differences in manufacturing processes and materials, the quality of your monitor, and for other reasons beyond GFG’s control.
Product Availability: GFG offers unique products created by companies that support charitable and enterprise-based causes. Quantities of some products may be limited and stock cannot always be guaranteed. When an item is out of stock and cannot be replenished we will attempt to remove the item from the Site as soon as commercially reasonable and notify you of the unavailability of the item(s) and potential alternative products available for your consideration.
Pricing: Products offered for sale on this website are quoted in U.S. dollars. Prices are subject to change without notice. We may occasionally make errors in the posted prices. If a product's correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
Promotions and Discounts: GFG may offer promotions and discounts for a limited time on the Site and reserves the right to modify or terminate such promotions and discounts at any time. All discounts and promotions are subject to the advertised terms and conditions and subject to availability of applicable products.
Gift Cards: Gift Cards offered on the Site are redeemable only for eligible products on the Site. Gift Cards may not be reloaded or redeemed for cash, except to the extent required by applicable law. Purchases made with a Gift Card will be deducted from the redeemer's Gift Card balance and any unused balance will be available for future purchases. Purchase amounts that exceed the redeemer's Gift Card balance will require that the remaining balance due be paid with another acceptable payment method. Gift Cards are not returnable, cancelable or exchangeable after purchase for cash, except in states where required by law. Gift Cards do not expire and GFG does not assess any service fees for non-use.
Shipping & Sales Tax: All applicable shipping and sales tax charges are calculated at checkout.
Payment Authorization: When you place an order, you authorize the purchase and delivery of those products at the shipping address provided during the checkout process or otherwise stored in your account. You agree to provide GFG with all relevant payment information prior to placing an order and you expressly authorize us to process all charges on the credit or debit card provided.
Refunds: Refunds shall be made in accordance with our Refund Policy.
Risk of Loss: All items purchased from GFG are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon delivery to the carrier.
Product Disclaimer: GFG does not manufacture, produce or label any of the products available for purchase on the Site and does not control the practices of third party suppliers of products offered for sale on the Site. GFG shall not be liable for loss or other damages that may result from your purchase or use of any products on the Site.
We reserve the right to prohibit any orders that we determine, in our sole and absolute discretion, have been placed for the purpose of resale.
4. License to Use the Services
In accessing and using GFG’s Services, GFG hereby grants a limited, non-transferable, non-exclusive, revocable license to access and use the Site and Services during the term of this Agreement.
5. Termination of Account by GFG
GFG may temporarily suspend or terminate your account and the Services at any time, for any reason, in its sole and absolute discretion, including if GFG:
- Is unable to verify or authenticate account information;
- Believes that you are acting inconsistently with the letter or spirit of GFG's policies, have engaged in improper or fraudulent activity in connection with the Site or that your actions may cause legal liability or financial loss to GFG;
- Is unable to process any payments for purchases made on the Site; or
- Believes you are infringing the rights of third parties.
Survival: The following Sections survive termination of these Terms of Service: Feedback License, Individual Arbitration, Consumer Responsibility, Disclaimers and Exclusions, Release, Indemnification, and Governing Law.
6. Prohibited Conduct
In your use of the Site, you may not:
8. Feedback License
GFG welcomes all suggestions to improve our Services, but considers any feedback from its users to be helpful advice, freely given. To ensure against any misunderstandings, we want to emphasize that we do not compensate for any ideas, proposals or suggestions provided by its users to GFG in accordance with the following:
Non-Proprietary: GFG considers any suggestions, ideas, proposals or other material submitted to it by users, whether solicited or unsolicited, (collectively, the "Feedback") to be non-confidential and non-proprietary. GFG shall not be liable for the disclosure, use or exploitation of such Feedback.
License: You hereby grant and agree to grant GFG, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Feedback for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
9. Notice of Claimed Infringement
If you have a good faith belief that your copyright has been infringed, you can download and submit a Notice of Claimed Infringement to GFG’s Designated Agent, with the following information:
By mail to GFG’s DMCA Registered Agent: Gifts for Good, 520 S. Sepulveda Blvd. #300 Los Angeles, CA 90049
By email: firstname.lastname@example.org
10. Customer Support
GFG is available by email at email@example.com to address any issues you may have regarding your use of the Services. Most concerns can be quickly resolved in this manner.
11. Individual Arbitration
EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with GFG arising out of or relating to the Site, Services and/or these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration conducted pursuant to these Terms of Service shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16.
ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.
The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org. When initiating a request to arbitrate with the AAA, you must also send a copy of the completed form to: Gifts for Good, 520 S. Sepulveda Blvd. #300 Los Angeles, CA 90049
Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms of Service shall be conducted in English at the following location: Los Angeles County, California.
Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.
12. GFG's Intellectual Property
Copyright: The Site and its logos, design, data, text, graphics, images and other files, and the selection, arrangement and organization thereof, are owned by GFG. You may not use such materials without permission. © 2017 Gifts for Good, LLC. ALL RIGHTS RESERVED.
Trademarks: GFG and its logos are trademarks owned by GFG. All page headers, custom graphics, button icons, scripts and service names are trademarks or trade dress of GFG.
Ownership and Use: Unless otherwise stated herein, nothing in these Terms of Service or your use of the Site gives you a right or license to use any of GFG’s copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.
13. Consumer Responsibility
Products Purchased on the Site Are Not Guaranteed to Be Free from Potential Allergens. Certain materials may cause allergic reactions in some people – it is your responsibility to (1) read all labels, and (2) utilize products in the manner in which they are intended. GFG shall not be liable under for any illness, health problem or other damages that may result from your use or consumption of any products purchased on the Site.14. Disclaimers and Exclusions
GFG DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, SERVICES AND/OR ANY PRODUCTS PURCHASED FROM THE SITE. GFG DOES NOT CONTROL ANY THIRD PARTY LINKS, SERVICES, PRODUCTS, GOODS, RESOURCES AND INFORMATION ON THE SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GFG MAKES NO WARRANTIES REGARDING THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES OR INFORMATION.
AGGREGATE LIABILITY: IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF GFG, NOR ANY OF ITS EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, MANAGERS, LICENSORS, BUSINESS PARTNERS, SUPPLIERS, OR VENDORS, ARISING FROM, RELATING TO, OR CONNECTED WITH THIS SITE, PRODUCTS, SERVICES INFORMATION, CONTENT, OR MATERIALS EXCEED THE AMOUNT OF THE ORDER GIVING RISE TO THE CLAIM.
LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GFG WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE, PRODUCTS, INFORMATION, CONTENT, SERVICES, OR MATERIALS, EVEN IF GFG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you have a dispute with any third party arising from, related to, or connected with your use of the Site, Services, products, information, content, or materials, you hereby release GFG and its employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns from all claims, demands, causes of action, liabilities, legal fees and costs, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless GFG and its employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms of Service by you, or (ii) arising from, related to, or connected with any products purchased from the Site or any other use of the Site or Services.
If any provision contained in these Terms of Service is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the enforceability of the remaining provisions and portions of these Terms of Service, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.
Our employees, volunteers or agents are not authorized to vary these Terms of Service. No modification of these Terms of Service shall be effective unless it is in writing and either signed by an authorized representative of GFG or posted on this Site by GFG.
19. No Agency
The parties to this Term of Service are independent contractors. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.
You shall not assign any of the rights or obligations under this Term of Service without the prior written consent of GFG. GFG may at any time assign, transfer or subcontract any or all of its rights or obligations under these Terms of Service without your consent.
21. Successors and Assigns
These Terms of Service are binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
22. Governing Law
These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to or application of California’s conflict of law principles. The parties consent to the exclusive jurisdiction of the State of California, and venue in the County of Los Angeles, with regard to any dispute, controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, and waive all rights to contest this exclusive jurisdiction and venue of such Courts.
23. No Waiver
The failure or delay of either party to exercise any right, power or privilege under these Terms of Service will not operate as a waiver thereof.
Headings are for reference purposes only and do not limit the scope or extent of such section.
25. Force Majeure
GFG will not be liable or responsible for any delays in service, for failing to provide the Services or to operate the Site as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disaster, war or acts of God.
All notices required or permitted to be given under these Terms of Service will be in writing and delivered to: Gifts for Good, 520 S. Sepulveda Blvd. #300
Los Angeles, CA 90049 and/or by email at firstname.lastname@example.org. All notices by GFG will be sent to email@example.com by email or will be conspicuously posted on the Site.
27. California Consumer Complaints
If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at: 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
28. Entire Agreement
These Terms of Service comprise the entire agreement between you and GFG and supersede all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.