These Terms and Conditions, as may be amended from time to time (the "Agreement") apply to your use of the Giftfly.com, are a legal contract between you and Giftfly.com, and describe the relationship between you, Giftfly.com and our partner bank. For information regarding your bank relationship and the Giftfly.com Virtual Visa® Card please see the Cardholder Agreement.
In order to use the Giftfly.com, you must read, agree with and accept all of the terms and conditions contained in this Agreement. We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. Your continued use of the Giftfly.com following any update to this Agreement will be deemed acceptance of the updated Agreement.
THIS IS AN IMPORTANT DOCUMENT, WHICH YOU MUST CONSIDER CAREFULLY WHEN CHOOSING WHETHER TO USE THE GIFTFLY.COM. PLEASE READ THIS AGREEMENT CAREFULLY. BY BROWSING, REGISTERING FOR, ACCESSING OR USING ANY GIFTFLY.COM SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY ADDITIONAL GUIDELINES REFERENCED IN THIS AGREEMENT. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE GIFTFLY.COM AND FOLLOW THE APPLICABLE INSTRUCTIONS IN THIS AGREEMENT.
Because Giftfly.com services are provided electronically, you must consent to Giftfly.com's providing important information electronically if you wish to proceed. Read this notice carefully. You can print a copy for your records.
By consenting to receive information electronically, you will receive the following information and disclosures electronically at this website or via electronic mail ("email"):
To receive this information electronically, and access and retain any disclosures received, you will need a computer with Internet access, and the ability to receive and read email. Please note that some web browsers may not be supported.
By proceeding with registration to use Giftfly.com:
Notices shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered.
You may view your transaction history at any time by logging into Giftfly.com. You agree to review your transaction history through our website instead of receiving periodic statements by mail.
By Providing Giftfly.com a telephone number (including a wireless/cellular telephone), you consent to receiving auto-dialed and prerecorded message calls from Giftfly.com at that number.
You can withdraw your consent to receive electronic communications by emailing us at info@Giftfly.com. However, if you withdraw your consent, you will no longer be able to use the Giftfly.com. Withdrawing your consent will not affect the validity of pending or completed transactions. You can obtain a paper copy of an electronic record by contacting us at info@Giftfly.com; Giftfly.com may charge a fee. To update your contact information, log in to Giftfly.com and click on "My Settings".
The mobile version of the Giftfly.com website (the “Mobile Site”) allows users to access many of the Giftfly.com through a mobile device. If you use the Mobile Site you are responsible for any fees that your phone service provider charges for SMS, data services, etc. Your phone service provider is not the provider of the Giftfly.com.
To help the government fight terrorism and money laundering activities, Giftfly.com may at times obtain, verify, and sometimes store personal information.
You authorize Giftfly.com, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your Information against third party databases or through other sources. If Giftfly.com cannot verify your identity, and in certain other cases, Giftfly.com may not be able to allow you to use the Giftfly.com. For more information please review our Privacy Policy .
If in the future you provide Giftfly.com with bank account information for use as a Payment Method, you authorize Giftfly.com to initiate two small credits (micro-deposits) to the bank account you identify (each less than $1) through the Automated Clearing House ('ACH') system. Giftfly.com will ask you to identify the amount of those transactions to verify your control over the bank account. Giftfly.com may also require you to submit a valid government-issued ID and/or an image of a voided check.
To be eligible for the Giftfly.com you must be at least 18 years old. By registering for, accessing, or using the Giftfly.com, you represent that you are at least 18 years old. The Giftfly.com are not available to anyone who has been suspended or removed from using the Giftfly.com.
Giftfly.com is a service provider. Giftfly.com does not have control over or liability for products or services paid for using Giftfly.com.
When you register for Giftfly.com, you must provide your first name, last name, and email address, and you must select a password. You must keep your password confidential and not disclose it to others. When you successfully register for Giftfly.com, you become a "User".
When a User creates an Account, Giftfly.com establishes a corresponding PrePaid Account in that User’s name at Giftfly.com’s Partner Bank. This Prepaid Account is governed by the Cardholder Agreement. Funds are held in these PrePaid Accounts, and accessed through the Giftfly.com website. The Account Balance displayed on the Giftfly.com website reflects the balance of the corresponding Prepaid Account. The terms of the Giftfly.com Prepaid Visa® Card govern the use of your PrePaid Account, and this Agreement applies to your use of the Giftfly.com in connection with it.
Admins can only delete Accounts that have no pending payments and that do not currently hold a balance. When an Account is deleted, the transaction history and other historical information about the Account may no longer be available to the User. This action cannot be undone.
Users can collect payments by Sending Bills, Selling Tickets, Selling Items, or Accepting Donations. Giftfly.com does not make any warranties regarding the amount of money that users can or will collect.
Users can change the Admin of an Account. The Account Admin is the owner of that Account. By changing the Admin, the User is also changing the name on and owner of the corresponding PrePaid Account. Ownership of the Account and the funds in the corresponding PrePaid Account will be transferred to the new Admin. This action cannot be undone.
Admins can make other Users into Moderators of an Account. Moderators can view transaction history and account balance. Moderators can also change the Account’s Public Pages (including Donation Pages, Event Pages, Store Pages, and others), and collect money on behalf of the Account.
When a Payer uses a credit or debit card to make a payment on Giftfly.com, the Payer’s is promptly authorized for the amount of the payment, which decreases the available balance, though the Payer’s card is not charged. This authorization ensures that Giftfly.com can charge the card for the full amount of the payment. Once a card has been authorized, it undergoes a Risk Review Process, which typically takes less than one hour. If the payment enters the Extra Review Process, it may take longer, but you, as a Payer, will be contacted and informed of this promptly. Upon successful completion of the Risk Review and/or Extra Review Processes, the card will be charged for the amount of the payment and the recipient’s Prepaid Account is promptly credited. If not successfully completed, the authorization is promptly cancelled and the available balance on the Payer’s card returns to its pre-transaction level.
Giftfly.com captures payments from Users and credits those funds to the appropriate Prepaid or Paypal Accounts promptly.
Giftfly.com will never use your funds for its operating expenses or any other corporate purposes and will not voluntarily make your funds available to its creditors in the event of bankruptcy.
You will not receive any interest on the funds in this account. You hereby assign to Giftfly.com any interest or earnings that Giftfly.com receives from any third party, and you agree that Giftfly.com may keep for itself, and is not obligated to share or report to you any benefits provided by a financial institution that holds these funds.
Once you make a payment, you may not change or cancel that payment. GIFTFLY.COM IS NOT RESPONSIBLE FOR ANY DISPUTES OR DISAGREEMENTS BETWEEN YOU AND A ANY OTHER PARTY TO A PAYMENT. YOU AGREE TO RESOLE DISPUTES DIRECTLY WITH THE OTHER PERSON, AND AGREE NOT TO INVOLVE GIFTFLY.COM IN SUCH DISPUTES.
Payments made from a Credit or Debit Card may not be available immediately. These payments, along with affected balances, will appear as "Pending" until they are available.
You may not create a negative balance with Giftfly.com due to chargebacks or other causes. If any of your Accounts ever holds a negative balance, Giftfly.com may apply future payments to the negative balance, and you agree to pay Giftfly.com, on demand, an amount sufficient to cover the negative balance. Moreover, you hereby authorize Giftfly.com to obtain funds to correct a negative balance from any of your Payment Methods on file. If you fail to pay such amount on demand and funds are not able to be obtained from a Payment Method linked to your Account, Giftfly.com may take action necessary to collect such amounts from you, including collection action or use of third-party collectors. You agree to reimburse Giftfly.com for its actual costs of collection, to the extent permitted by law.
Giftfly.com may provide you with a bonus or incentive (including a referral bonus), subject to the terms and conditions of any bonus or incentive program in effect and made available to you at the time you register. Giftfly.com reserves the right to terminate any incentive promotional program at any time without notice to you.
It is free to register for Giftfly.com and to set up Accounts. For specific information on these fees, please see the Fees section of this website.
In addition, you may be subject to additional fees for your use of the Giftfly.com, including but not limited to fees associated with:
In addition to the fees that Giftfly.com charges, you may also be required to pay fees and charges to others in connection with your use of the Giftfly.com. For example, your mobile telephone company may impose charges for your use of your cell phone in connection with Giftfly.com. The financial institution that issues your credit card or debit card, or holds your bank account, or receives funds Withdrawn to a Bank Account by you, may charge you for payments between that Payment Method and Giftfly.com. If you use a credit card, you may be charged interest.
Refunds
If a User requests a refund (" Refund Request") for a payment that they have made, Giftfly.com will place a temporary hold on those funds (if available), and contact the Administrator of the Account that has received the payment with information regarding that User’s request.
The Administrator will have three business days to agree to or dispute the Refund Request, after which the request will be automatically honored.
If the Administrator disputes the request, Giftfly.com will require both the Requesting User and the Administrator to complete and return a Giftfly.com Dispute Resolution Survey within three business days of the start date of the Dispute. Giftfly.com will then honor or deny the Refund Request at its sole discretion.
Giftfly.com may require additional information from either the Requesting User or Administrator or both in the process of determining whether to honor the Refund Request.
In the event Giftfly.com honors the Refund Request and the funds are no longer available in the relevant Account, Giftfly.com reserves the right to reclaim those funds by debiting the Administrator's external bank account, charging the Administrator's credit card, or other such methods.
When a chargeback is received Giftfly.com will first attempt to contact the Payer to discuss the payment. The recipient Account will be placed on hold. If the charge is recognized or the issue is otherwise resolved, Giftfly.com will provide the Payer with a Chargeback Reversal Form from his/her issuing bank. If the Chargeback Reversal Form is not received within 30 days of the filing of the chargeback, Giftfly.com will debit the money from the recipient Account.
If a chargeback is received and the issue is not resolved with the Payer, the recipient Account will be placed on hold. If enough funds are available in the Account to cover the amount of the chargeback, that money will be removed from the account plus a $35 chargeback fee. The Account Administrator will be notified of the chargeback and corresponding debit.
If funds are not available in the account, Giftfly.com will debit or charge a Payment Method of the Account or Account Administrator on file for the full amount plus a $35 fee. The Administrator will be made aware of the chargeback and procedure before the money is charged or debited.
Any Account that receives a chargeback will undergo review by Giftfly.com. Giftfly.com reserves the right to close or put a hold on any account that has generated a chargeback.
If Giftfly.com requires more information about you or your payment, the payment will enter an Extra Review Process.
If your payment requires Extra Review, a Giftfly.com representative will contact you via email. You will be asked to provide additional information, and you may be asked to complete a Transaction Review Form.
Giftfly.com will decide whether to allow the payment to go through within 24 hours of receipt of the requested information. If you do not respond to Giftfly.com’s request for more information within 7 days, your purchase attempt will be cancelled.
Protecting your privacy is very important to Giftfly.com. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
Privacy of Others: If you receive information about another Giftfly.com user through the Giftfly.com Service, you must keep the Information confidential and only use it in connection with the Giftfly.com Service. You may not disclose or distribute another User's information to a third party or use the information for marketing purposes unless you receive the User's express consent to do so.
Once you have registered with Giftfly.com, you may upload certain materials and information to the Giftfly.com Service (“User Content”). You must not upload User Content unless you own all necessary rights, or have permission from the rightful owner of the User Content, to grant Giftfly.com all of the license rights granted in this Agreement.
You must not submit any User Content that: (a) is false, misleading, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive; (b) encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (c) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; or (d) advertises products or services competitive with Giftfly.com's or its partners' products and services, as determined by Giftfly.com in its sole discretion.
For any User Content, you grant to Giftfly.com a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, translate, adapt, distribute, prepare derivative works of, transmit, display, publish, perform delete (in whole or in part), and incorporate the User Content for any purpose and without acknowledgment to you. You retain all rights in your User Content, subject to the rights granted to Giftfly.com in this Agreement.
Although Giftfly.com will not necessarily pre-screen or review User Content, Giftfly.com reserves the right to refuse, review, or delete any User Content in its sole discretion, for any reason or no reason. You remain solely responsible for: (i) any errors or omissions in your User Content; (ii) any liability arising out of your User Content or Giftfly.com's failure to display your User Content; and (iii) any liability arising out of your use of any content from the Giftfly.com Service. Under no circumstances will Giftfly.com or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your User Content or by your reliance of any content obtained through the Giftfly.com Service.
Content on the Giftfly.com Service, including User Content, has been licensed to Giftfly.com in accordance with various licensing agreements between Giftfly.com and the persons or entities who license the rights to such content ("Licensed Content"). You understand that Licensed Content is owned by Giftfly.com's licensors and is protected by intellectual property laws. Giftfly.com grants you a limited, non-exclusive, non-transferable, revocable right to access the Licensed Content solely for your own non-commercial use.
Any opinion, advice, statement, service, offer, or other information that constitutes part of the Licensed Content expressed or made available on the Website are those of the respective authors or producers and not of Giftfly.com or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates.
Giftfly.com has not reviewed, and cannot review, all of the User Content posted by you or any third party to the Website and, as such, does not guarantee the accuracy, integrity, or quality of such content. You understand that by accessing the Website, you may be exposed to content that is harmful, offensive, indecent, objectionable, or inaccurate. Under no circumstances will Giftfly.com or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinions, advice, or other content available on the Website, and to seek qualified professional assistance as applicable.
We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Giftfly.com. Except for those rights expressly granted in this Agreement, no other rights are granted, either express or implied, to you.
You may not transfer or assign any rights or obligations you have under this Agreement without Giftfly.com's prior written consent. Giftfly.com reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
You may end your use of the Giftfly.com by emailing Giftfly.com at info@Giftfly.com and requesting that your User be deleted. You cannot delete your User if you have any pending transactions, hold a balance with Giftfly.com in any of your Accounts, or have an active Giftfly.com Prepaid Visa® Card.
If you believe your password has been lost or stolen, email Giftfly.com IMMEDIATELY at info@Giftfly.com.
If your password is lost or stolen, you could lose all the money in your Giftfly.com Accounts, as well as money in your linked bank account or amounts available through a linked debit card or credit card.
Also, if your Account history shows transactions that you did not authorize, email Giftfly.com immediately. If you do not tell Giftfly.com within 90 days after the Account history was made available to you, Giftfly.com will not be obligated to reverse any transactions.
The following uses are prohibited by the Giftfly.com Terms of Service. Any Account found to be created for the following uses will be closed.
You agree that Giftfly.com may seize or freeze funds that are reasonably deemed by Giftfly.com to have resulted from fraud or a prohibited behavior outlined in this section.
You agree that the information you provide to Giftfly.com upon registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your email address, Password, or any credit, debit or charge card number, if applicable), then you agree to notify Giftfly.com immediately.
The Giftfly.com may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Giftfly.com does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Giftfly.com are solely between you and such advertiser. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect Giftfly.com, a User, a third party, or you from Reversals, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
You agree that Giftfly.com, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your User (or any part thereof) or your use of the Giftfly.com and remove and discard all or any part of your User at any time. Giftfly.com may also in its sole discretion and at any time discontinue providing access to the Giftfly.com, or any part thereof, with or without notice.
You agree that any termination of Your access to the Giftfly.com or any Account you may have or portion thereof may be effected without prior notice, and you agree that Giftfly.com will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Giftfly.com may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Giftfly.com.
If your User is dormant for over 1 year, Giftfly.com may close Your User and send any balance held in your Accounts to you by check to the address on record, less any applicable fees. Giftfly.com may also be required to escheat to the applicable state government balances on dormant accounts or unclaimed funds from time to time.
You may terminate this Agreement at any time by providing written notice to Giftfly.com, discontinuing use of any and all parts of the Giftfly.com, and returning to the issuing financial institution any Giftfly.com Prepaid Visa® Card that had been issued to you. You are responsible for use of your Account and Password after termination.
You agree to indemnify, defend, save, and hold Giftfly.com, its contractors, employees, agents and its third party suppliers (including without limitation PayPal or First California Bank), licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Giftfly.com, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. Giftfly.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Giftfly.com, including rights to settle, and you agree to cooperate with Giftfly.com's defense and settlement of these claims. Giftfly.com will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.
IN NO EVENT SHALL GIFTFLY.COM, its EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), UNLESS OTHERWISE REQUIRED BY LAW. GIFTFLY.COM'S LIABILITY, AND THE LIABILITY OF GIFTFLY.COM'S EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
If Giftfly.com does not complete a payment to or from you on time or in the correct amount according to this Agreement, Giftfly.com may be liable for your losses or damages to the extent required by law. However, there are some circumstances where Giftfly.com is not liable. Giftfly.com will not be liable, for instance:
Giftfly.com is not responsible for the actions of the persons to whom you send a payment, or from whom you receive a payment.
GIFTFLY.COM, ITS EMPLOYEES AND SUPPLIERS PROVIDE THE GIFTFLY.COM “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. GIFTFLY.COM, OUR EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Giftfly.com does not guarantee continuous, uninterrupted or secure access to any part of our Service, and operation of our site may be interfered with by numerous factors outside of our control. Giftfly.com will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and check issuances are processed in a timely manner but Giftfly.com makes no representations or warranties regarding the amount of time needed to complete processing because the Giftfly.com Service is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
If you provide feedback to us regarding the Giftfly.com Service (“ Feedback ”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
Giftfly.com reserves the right to change, modify, add, or remove portions of this Agreement (each, a "change") at any time by posting notification to the Giftfly.com website or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Giftfly.com. For certain changes, Giftfly.com may be required to give you advance notice, and Giftfly.com will comply with such requirements.
Giftfly.com may provide you with notices and communications by email, regular mail or postings on the Giftfly.com website or by any other reasonable means.
The failure of Giftfly.com to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Giftfly.com.
This Agreement be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.
If a dispute arises between you and Giftfly.com, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly.
Any Claim between you and us shall be resolved, upon the election of either you or us, by binding arbitration administered by the American Arbitration Association ("AAA") or the National Arbitration Forum ("NAF"), under its rules applicable to consumer disputes ("Rules"). You can obtain the Rules and other information about initiating arbitration by contacting the AAA at 335 Madison Avenue, New York, NY 10017, or at www.adr.org , or the NAF at P.O. Box 50191, Minneapolis, MN 55405, or at www.adrforum.com .
If you file a Claim, you can chose either the AAA or the NAF as Administrator; if we file a Claim, we will make the initial selection but you can require us to use either the AAA or the NAF by providing us written notice within 30 days of your receipt of notice of the Claim. Claims will be arbitrated by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years experience. We agree not to invoke our right to elect arbitration of an individual Claim filed by you in a small claims or similar court (if any), so long as the Claim is pending on an individual basis only in such court.
We will pay all filing and administration fees charged by the Administrator and arbitrator fees up to $1,000, and we will consider your request to pay any additional arbitration costs. If an arbitrator issues an award in our favor, you will not be required to reimburse us for any fees we have previously paid to the Administrator or for which we are responsible. If you receive an award from the arbitrator, we will reimburse you for the fees paid by you to the Administrator. Each party shall bear its own attorney's, expert's and witness fees, which shall not be considered costs of arbitration; however, if a statute gives you the right to recover these fees, or fees paid to the Administrator, then these statutory rights will apply in arbitration.
Any in-person arbitration hearing will be held in the city with the federal district court closest to your residence, or in such other location as the parties may mutually agree. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. ' 1-16, and, if requested by either party, provide written reasoned findings of fact and conclusions of law. The arbitrator shall have the power to award any relief authorized under applicable law. The arbitrator's award shall be final, except for any appeal that may be permitted under the Federal Arbitration Act. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof.
Neither you nor we shall have the right to participate as a representative or member of any class of claimants in arbitration, and you and we further agree that claims of third parties shall not be joined in any arbitration between you and us, without the express written consent of both you and us. The validity and effect of this paragraph shall be determined exclusively by a court, and not by the Administrator or any arbitrator. The arbitrator shall have not power to arbitrate any Claims on a class action basis or Claims brought in a purported representative capacity on behalf of the general public, other Users, or other persons similarly situated.
If any portion of this Arbitration section is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this provision. However, if the section precluding class actions is deemed invalid or unenforceable in whole or in part, then this entire Arbitration section shall be deemed invalid and unenforceable. The terms of this Arbitration section will prevail if there is any conflict between the Rules and this provision.
THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS RESOLUTION OF DISPUTES PROVISION, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT. THEY ACKNOWLEDGE THAT ARBITRATION WILL LIMIT THEIR LEGAL RIGHTS, INCLUDING THE RIGHTS TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED UNDER THE FEDERAL ARBITRATION ACT).
You may reject this Arbitration section, in which case neither you nor we will have the right to elect arbitration. Rejection of this provision will not effect the remaining parts of this Agreement. To reject this Arbitration section, you must send us written notice of your rejection within 30 days after the date that you first became a Giftfly.com User. You must include your name, address, and email address.
The parties acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. This Arbitration section shall survive the termination of this Agreement.
If you have a dispute with one or more Users, you release Giftfly.com, its officers, directors, agents, joint ventures and employees, and The Bancorp Bank from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
If any provision of this Agreement or any Guidelines is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
This Agreement sets forth the entire understanding between you and Giftfly.com with respect to the Giftfly.com.
If you have any questions or concerns about this Agreement, the Giftfly.com website, or any Service, please send us a thorough description by email to info@Giftfly.com.