Terms of service

Terms of Use

Welcome to Gift Shopie (“Gift Shopie,” “we,” “us,” or “our”). We are delighted to have you explore our website located at www.giftshopie.com (the “Website”). These Terms of Use (“Terms”) govern your use of: (i) our Website, (ii) our mobile applications (“Apps”), (iii) our social media applications and/or platforms, (iv) any of our merchandising channels, including, but not limited to, internet, telephone, text messaging (SMS and MMS), catalog, radio, television, or Company-owned retail stores, and (v) any of our products and/or services that are made available to you through any of the foregoing (collectively, (i), (ii), (iii), (iv) and (v), together, the "Service"). The goal of the Service is to provide access to our wide selection of gift baskets, gift, events, and other products and services, as well as, information and ideas, to as wide an audience as possible. To ensure a safe, pleasant environment for all of our users, we have established these Terms of Use. In this way, you will know what you can expect from us and what we expect from you.

THESE TERMS OF USE ALSO APPLY TO ALL MERCHANDING CHANNELS OF THE COMPANY AND ITS AFFILIATES INCLUDING, BUT NOT LIMITED TO, THE INTERNET, TELEPHONE, CATALOG, RADIO, TELEVISION, MOBILE DEVICE, SOCIAL MEDIA AND PARTICIPATING RETAIL STORES. BY ACCESSING ANY OF THE COMPANY MERCHANDISING CHANNELS, AND ANY AREAS OF THE SERVICE, YOU AGREE TO BE LEGALLY BOUND, AND TO ABIDE, BY THESE TERM OF USE. PLEASE BE AWARE THAT THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING AND JURY TRIAL.

Age Restrictions

You must be 18 years or older and the age of majority in your place of residence to use, subscribe, or register as a member of our Services.

Ownership, Trademarks and Patents

The Website and Service are operated by Gift Shopie, with offices at 40 Fairfield Pl, West Caldwell NJ, 07006. All trademarks, service marks, and logos displayed on the Website are the exclusive property of Gift Shopie, unless otherwise noted. You may not use any of these marks without our prior written consent. All other trademarks, product names, and company names or logos cited on this website are the property of their respective owners.

Disclaimers and Limitation of Liability

EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER THE COMPANY, NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE.

EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND THE COMPANY SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE ANY WARRANTY WHATSOEVER.

EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MANUFACTURING, DISTRIBUTING, MARKETING, OR SELLING THE SERVICE, PRODUCTS, SERVICES OR THIS WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES.

UNLESS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ALL PRICES AND DISCOUNTS FOR ANY AND ALL PRODUCTS OR SERVICES OFFERED FOR SALE ("OFFERS') ARE EXCLUSIVE OF APPLICABLE SERVICE AND SHIPPING CHARGES, FEES, SURCHARGES, AND FEDERAL, STATE AND LOCAL TAXES. PRODUCTS AND OFFERS MAY VARY AND ARE SUBJECT TO AVAILABILITY, DELIVERY RULES AND TIMES. OFFERS CANNOT BE COMBINED, ARE NOT AVAILABLE ON ALL PRODUCTS AND SERVICES AND ARE SUBJECT TO RESTRICTIONS, LIMITATIONS AND BLACKOUT PERIODS. PROMOTIONAL OFFERS (AS DEFINED BELOW) ARE LIMITED TO ONE PER CUSTOMER ORDER, ARE NON-TRANSFERABLE, ARE NOT FOR RESALE AND MAY NOT BE REDEEMED FOR CASH. PRICES AND CHARGES DISPLAYED ON OUR WEBSITE MAY DIFFER FROM PRICES THAT ARE AVAILABLE IN STORES OR IN CATALOGS, AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. VOID WHERE PROHIBITED.

THE COMPANY RESERVES THE RIGHT, WITHIN ITS SOLE DISCRETION, TO REFUSE TO ACCEPT AND PROCESS ANY AND ALL CUSTOMER ORDERS AND TO SUSPEND, DISCONTINUE, AND REFUSE THE USE OR ACCEPTANCE OF ANY AND ALL OFFERS, PROMOTIONS, DISCOUNTS, INCLUDING BUT NOT LIMITED TO, ANY AND ALL SAVINGS PASSES, REWARD PASSES, FRESH REWARDS, POINTS, AWARD CARDS, APPRECIATION AWARDS, COUPON CODES, GIFT CARDS, GIFT CERTIFICATES, CELEBRATIONS PASSPORT MEMBER BENEFITS, AND ANY AND ALL OTHER SIMILAR DEVICES AND PROMOTIONAL OFFERS OR CAMPAIGNS (“PROMOTIONAL OFFERS”) IN THE EVENT OF ADVERTISING ERRORS AND/OR THE ACTUAL OR SUSPECTED MISUSE, FRAUD OR ABUSE ASSOCIATED WITH SAID PROMOTIONAL OFFERS OR CUSTOMER ORDERS.

YOU HEREBY ACKNOWLEDGE THAT THIS SECTION SHALL APPLY TO ALL SERVICES, INCLUDING, WITHOUT LIMITATION, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH ALL PROMOTIONAL CHANNELS OF THE COMPANY’S SERVICES AND THAT OF ITS AFFILIATES INCLUDING, BUT NOT LIMITED TO, THE INTERNET, WEBSITE, TELEPHONE, CATALOG, RADIO, TELEVISION, MOBILE DEVICE, MOBILE APPS, SOCIAL MEDIA PLATFORMS AND PARTICIPATING RETAIL STORES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Registration

Our websites and mobile apps allow you to register and set up a user account to use the Services. We make registration optional by way of a Guest Checkout option, if you prefer. By registering or otherwise accessing, downloading, installing, and/or using the Services, you represent and warrant that (a) you are at least eighteen (18) years of age and (b) you have provided us with true, accurate and current information about yourself during the registration or Guest Checkout process (including, without limitation, your name and valid email address). You acknowledge and agree that erroneous information may lead to an inability for you to complete your transaction. You represent and warrant that you will provide and maintain true, complete and current account information, and keep your email address and phone number updated as long as your account remains active. Registration data and other information that you provide are governed by our Privacy Policy. You may not access or use the Services in any manner if you are younger than eighteen (18) years old. By providing your contact information to us, you agree that we may contact you in connection with your account and/or orders.

You are solely responsible for all activities that occur under your account and for ensuring that you exit or log out of your account at the end of each session of use. Your password is confidential, and you may not give it to anyone else. You will notify us immediately of any unauthorized use of your account or password or any other breach of security known or suspected by you.

Mobile Services

Certain of the Services are available via a mobile device, which may include, without limitation (a) the ability to upload content to the Services, (b) the ability to browse the Services and (c) the ability to access certain features through a downloaded and installed application (collectively, the “Mobile Services”). To the extent to which you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and it may be the case that not all Mobile Services work with all carriers or devices. By using the Mobile Services, you acknowledge and agree that certain information about your usage of the Mobile Services may be communicated to us.

Your Content

We are in the business of offering personalized products (the “Products”). The Products and/or the use of the Services to order the Products sometimes require information that you provide, including, without limitation, text, photographs, images and/or information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person, household or electronic device, including, without limitation, particular persons under the age of thirteen (13), households including persons under the age of thirteen (13) and/or electronic devices used by persons under the age of thirteen (13) (collectively, “Your Content”). The Services and the Products are for your personal use only. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit any part of the Services or Products except as permitted by these Terms, and you may not access or use the Services for any commercial purpose whatsoever, including, without limitation, using the Services to facilitate the fulfillment by us of orders for Services or Products placed by third parties through you. Any use of the Services other than as expressly authorized in these Terms is strictly prohibited. All rights not expressly granted in these Terms are hereby expressly reserved by us.

By submitting Your Content to us, you grant us a nonexclusive, universe-wide, royalty free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to reproduce, distribute copies of, prepare derivative works based upon, publicly perform, publicly display, train artificial intelligence on, and otherwise use and exploit Your Content for the purpose of providing the Services and promoting to you other services we believe will be of interest to you. You represent and warrant that you either own Your Content or have a written license or other valid permission from the applicable rights owner(s) (for example, and without limitation, your photographer) and/or other right to make Your Content available to us for use with the Services and on the Products you order.

Without limiting the generality of the foregoing paragraph, you acknowledge and agree that we will need to work with Your Content in order to provide you with the Services and the Products. For example, and without limitation, we will copy, and we may need to display and/or modify, as well as stream, upload, post, publish, display, email or otherwise transmit (including, without limitation, transmission to other countries) or use (hereinafter, “Transmit”), Your Content when making the Products, and we will distribute Your Content when shipping the Products to you. By the license granted above, you are giving us permission to do this and, because we are using Your Content to provide you with the Services and the Products, you will not charge us any royalty. We will retain Your Content on our servers so that it will be available for your future use. This will make it easier for you to reprint entire orders or use elements of Your Content in making Products for new orders, all without the need to upload Your Content again. We agree that our use of Your Content will be limited to the scope of the Services and the Products that we provide. And rest assured that we will never use Your Content to market, promote or advertise the Services to others without your permission.

We reserve the right to reject any or all Your Content if we determine, in our sole discretion, that Your Content is inappropriate or otherwise inconsistent with the exercise of good judgment. For example, and without limitation, we may reject any of Your Content that we believe would fall within the Prohibited Uses of the Services set forth below.

Our Intellectual Property

You acknowledge and agree that the Services contain works of authorship (for example, but without limitation, software), inventions, brands, and content) (“Our Intellectual Property”) that is protected by copyright, patent, trademark, trade secret and/or other laws, regulations and rules and is owned by us and/or our licensors or affiliates.

Without limitation, unless otherwise designated, we own all Our Intellectual Property, including, without limitation, all the trademarks and logos used in connection with the Services (“Our Trademarks”). Nothing in these Terms or otherwise grants any license or right to use any of Our Trademarks. You may not delete, change or modify in any way the copyright, trademark or other intellectual property notices contained in the Services. All goodwill generated from the use of Our Trademarks will inure to our exclusive benefit.

Your use of prints, images or screen captures from the Services is limited to your personal, non-commercial use. You may not use any data mining, robots, scraping or similar data gathering or extraction methods in connection with your use of the Services unless provided by us as part of the Services. You will not reproduce, distribute copies of, prepare derivative works based upon, publicly perform, publicly display, train artificial intelligence on, or otherwise use, exploit, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or attempt to sell, assign, sublicense, or otherwise transfer any right in or to Our Intellectual Property.

Third-party Intellectual Property

Certain of the Services and the Products contain images, photographs, layouts, designs and other content that may consist of the copyrights, trademarks, service marks, trade names and other intellectual property of third parties (collectively, the “Third-party Content”). Third-party Content is provided for your convenience for the specific purposes for which we have provided it. You may not use Third-party Content:

1. For any other purposes whatsoever without the prior express authorization of its owner;

2. Except solely as incorporated into a Product, or otherwise download it in its original, unaltered form outside the Service;

3. In any manner that would violate the Prohibited Uses of the Services section of these Terms; or

4. As a trademark, service mark, or logo.

Prohibited Uses of the Services

You are solely responsible for Your Content that you Transmit via the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including, without limitation, removing any offending content from the Services, suspending or terminating any account of such violator(s) and reporting such violator(s) to appropriate law enforcement authorities. As a condition for accessing and using the Services, you agree not to use the Services to:

1. Transmit any content that (a) is unlawful, threatening, abusive, harassing, tortious, violent, defamatory, libelous, slanderous, vulgar, obscene, pornographic (involving minors or otherwise), hateful or abusive, or otherwise similarly objectionable, (b) portrays any person depicted therein in a manner that a reasonable person would find offensive or portrays any person [1] in connection with pornography, “adult videos,” adult entertainment venues, escort services, dating services, or the like, [2] in connection with the advertisement or promotion of tobacco products, [3] as suffering from, or medicating for, a physical or mental ailment, or [4] engaging in immoral or criminal activities, (c) poses or creates a privacy or security risk to any person, (d) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, sweepstakes or any other form of solicitation, (e) characterizes any unlawful or immoral activity as acceptable, glamorous or desirable, (f) glamorizes the use or “hard-core” illegal substances or drugs, (g) denigrates or offends any ethnic, racial, sexual or religious group, or persons who are physically or mentally challenged, (h) makes inappropriate use of swastikas or other symbols of racism or intolerance and/or glamorizes the actions of Hitler or other individuals or groups advocating ethnic cleansing, genocide, the erasure or destruction of a country or its government, civilization or ethnic group, or similar activities, (i) uses messages, marks or symbols that support cults or conspiracy theories that have been disproven or that are rooted, in whole or in part, in intolerance or (j) contains images or likeness of, or identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly with, minors without the valid authority to do so;

2. Harass another person by any means including, without limitation, by using their email account, address or password, or falsely state or otherwise misrepresent your affiliation with any person or entity;

3. Violate any applicable local, state, national or international law, regulation or rule;

4. Transmit or make available any content that you do not have the lawful right to Transmit, that would infringe the intellectual or proprietary rights of any third party (including, without limitation, copyright, trade secret, trademark, service mark or patent rights), or that would violate any person’s right of privacy or publicity;

5. Engage in any conduct that would interrupt, destroy, limit or harm the Services or enable you to gain unauthorized access to the Services, including, without limitation, by using viruses, Trojan horses, worms or malicious computer code, programs or files;

6. Reproduce, copy, sell, or commercially use (including, without limitation, the right to access) the Services, including, without limitation, using the Services to facilitate the fulfillment by us of orders for Services or Products placed by third parties through you;

7. Solicit personal information from anyone under the age of eighteen (18);

8. Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means; or

9. Further or promote any criminal activity or provide instructional information about illegal activities.

In case of any violation of the above, and without limitation, we reserve the right to terminate your account and/or block you from accessing the Services and disclose any information if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests, (b) enforce these Terms, (c) respond to claims that any content violates the rights of third parties or (d) protect the rights, property, or personal safety of us, our users or the public.

Information You Provide

Any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”) provided by you to us are non-confidential, and we will be entitled to the unrestricted use and distribution of Submissions for any purpose, without acknowledgment or compensation to you.

Practices Regarding Use and Storage of Your Content

We may preserve Your Content and may also delete or disclose Your Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests, (b) enforce these Terms, (c) respond to claims that any content violates the rights of third parties or (d) protect the rights, property, or personal safety of us, our users or the public.

We may establish practices and limits concerning use of the Services, including, without limitation, the maximum period of time that data or other content is retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. We will have no responsibility or liability for the deletion or failure to store any data or other content maintained or Transmitted by or to the Services. You acknowledge and agree that we reserve the right to terminate accounts that are inactive for an extended period of time, such time to be determined in our sole discretion. You further acknowledge and agree that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Rewards

From time to time, we may make available to you certain offers and/or functionality that we call “Rewards.” There are no membership fees associated with Rewards. Rewards are strictly promotional and have no cash value. In order to unlock an available Reward, you must select the Reward via the Rewards screen and complete the required action. For example, and without limitation, we may offer some number of free products or services to you if you complete a certain number of transactions in a limited period of time. Once unlocked, you may redeem or activate the Reward as long as it is available via your account. Each Reward is limited to one (1) per customer unless we expressly indicate otherwise. We reserve the right to change, modify and/or eliminate any and all Rewards, regardless of status (including, without limitation, Rewards that are available, unlocked or redeemed) at any time and in our sole discretion. Any changes, modifications or eliminations will be effective immediately upon release of an applicable update to the Services, and you waive any right you may have to receive specific and/or prior notice of any such changes, modifications or eliminations. If you take any action that results in the unlocking and/or redemption of any Reward and such action is deemed incomplete or voided for any reason whatsoever, we may deduct, remove or eliminate the applicable Reward in our sole discretion. Your Rewards are personal to you and may not be sold, transferred or assigned to, or shared with others or used by you for any commercial purpose.

Promotional Offers

From time to time, we may make available to you certain promotional offers.

Free Shipping Offers are subject to the following terms and conditions:

They apply only to orders shipped to a single address in a geographic region into which we regularly ship.
They are limited to one discount per order and per customer, and cannot be combined with other discounts, offers or promotions.
They have no cash value, and cannot be resold.
If they have a minimum order requirement, the order value before tax must meet the minimum order threshold for the offer to be activated.
They do not apply to (a) any previous order(s), (b) express, priority, or overnight delivery, (c) taxes, (d) oversized items, (e) specially marked products, or (f) bulk or corporate purchases of ten (10) units or more.
Except where required by law, they cannot be redeemed for cash, check, or credit.
They do not affect normal retail prices (which are subject to change).

Dollars Off Offers (and similarly-themed offers in places with other currencies) are subject to the following terms and conditions:

They are limited to one discount per order and per customer, and cannot be combined with other discounts, offers or promotions.
They have no cash value, and cannot be resold.
If they have a minimum order requirement, the order value before tax must meet the minimum order threshold for the offer to be activated.
They do not apply to (a) any previous order(s), (b) shipping, care, handling or taxes, (c) specially-marked products; or (d) bulk or corporate purchases of ten (10) units or more.
Except where required by law, they cannot be redeemed for cash, check, or credit.
They do not affect normal retail prices (which are subject to change).

Percentage Off Offers are subject to the following terms and conditions:

They are limited to one discount per order and per customer, and cannot be combined with other discounts, offers or promotions.
They have no cash value, and cannot be resold.
If they have a minimum order requirement, the order value before tax must meet the minimum order threshold for the offer to be activated.
They do not apply to (a) any previous order(s), (b) shipping, care, handling or taxes, (c) specially-marked products, or (d) bulk or corporate purchases of ten (10) units or more.
Except where required by law, they cannot be redeemed for cash, check, or credit.
They do not affect normal retail prices (which are subject to change).

Gift Cards

You may from time to time have the ability to purchase, receive, send, receive and/or activate through us digital gift cards (each, a “Gift Card”).

We will send each Gift Card to the recipient for which the purchaser thereof has provided us with the recipient information that we require. The recipient may be the purchaser themselves or a third party. Gift Cards are redeemable only through the merchant that is selected by the Gift Card purchaser in the purchase process (the “Merchant”), and the Gift Card balance is available only through that Merchant. The Gift Card balance is not available through us. We will provide each recipient of a Gift Card with an activation code to activate the Gift Card through us, so that it may then be redeemed with the Merchant. That activation code does not expire or have fees. The Merchant’s terms and conditions also apply to both activation and redemption. We reserve the right to discontinue our gift cards product line or the gift cards of any individual Merchant(s), including, without limitation, before a recipient has either activated with us or redeemed with the Merchant an already-purchased Gift Card. If a Gift Card is discontinued after purchase by the Gift Card purchaser but before activation with us by the Gift Card recipient, we will replace the Gift Card with our choice of replacement Gift Card(s) from our choice of third party(ies), at equivalent value. We may provide the Gift Card purchaser information about their Gift Card recipient’s Gift Card activation status.
Until such time as we deposit a Gift Card with a carrier (e.g., U.S. Postal Service or Royal Mail) for delivery to the Gift Card recipient, the risk of loss of, and title to, that Gift Card belongs to us. The risk of loss of, and title to, that Gift Card then passes to the Gift Card recipient when we deposit it with a carrier for delivery to such recipient. The Gift Card recipient is responsible for safeguarding the Gift Card from unauthorized use. We are not responsible if any delivered Gift Card is lost, stolen, or destroyed, or if a Gift Card is used without permission. There are a variety of scams that request payment by gift card. We are not responsible, and assume no liability to you, for any unlawful conduct or fraud by any third party associated with any Gift Card.
By using a Gift Card, you agree to comply with these Terms and to not use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to us, our affiliates, or our customers. We reserve the right, without notice to you, to void a Gift Card without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our application(s) and/or website(s), cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used or applied fraudulently, unlawfully, or otherwise in violation of these Terms.

Third-party Sites, Products & Services

You may enable various online services, such as social networking sites, to be directly integrated into your experience with the Services. In addition, from time to time the Services may include links to third-party sites, services and/or products that we think may be of interest to you. To take advantage of these features, we may ask you to register for, or log into, the services of their respective providers. By enabling third-party services within the Services, you are allowing and authorizing us (a) to pass your log-in information to these service providers for this purpose and (b) to receive information and content from such third-party services. Please remember that the manner in which third-party services use, store and disclose your information is governed solely by the policies of such third parties, and we will have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Services. We make no representations or warranties concerning such third-party sites, services or products, and, accordingly, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party sites, services and/or products.

Cookies

Our websites use “cookies.” Cookies are small text files that reside on your device and identify you as a unique user. Cookies allow us to, among other things, measure activity and personalize your experience. For example, and without limitation, cookies enable us to remember your viewing preferences without requiring you to re-type a username or password. Cookies also allow us to track your status or progress when ordering Products from us. If you choose, you can set your device to reject cookies, or you can manually delete individual or all cookies on your device. However, if you reject or delete cookies, you may have some trouble accessing and using some of the pages and features on our websites. We also use other common information-gathering tools such as web beacons and embedded web links.

Payments

To the extent to which the Services and/or the Products or any portion thereof are made available for any fee or charge (including, without limitation, shipping and handling charges), you will be required to select a form of payment and provide us information regarding your credit card or other form of payment authorized by us. You represent and warrant that such information is true and correct and that you are authorized to use the selected form of payment. When you make a payment, you authorize us (and our designated payment processor(s)) to charge, at the time at which you place your order, the full amount to the payment source you designate for the transaction. You will promptly update your account information with any changes (for example, and without limitation, a change in your billing address or credit card expiration date) that may occur. You will pay us all fees and charges incurred in accordance with the authorized form of payment and these Terms. If you dispute any fees or charges, you will let us know within sixty (60) days after the date that we invoice or otherwise charge you, and give us the opportunity to remediate any problem which you believe entitles you to dispute those fees or charges. You hereby grant to us the right to fix any payment processing errors that we may discover, and the right to correct any such processing errors by debiting or crediting the payment method used for the transaction found to be in error.
If you have chosen to receive Products and/or Services on a subscription basis: (1) you hereby grant us the right to bill payments as specified in the Products/Services description and/or ordering process; and (2) if your payment and customer information does not remain true, accurate and current for the length of your subscription(s) and you do not notify us promptly when such information changes, we may suspend or terminate your subscription(s); and (3) you hereby acknowledge and agree that we may participate in programs supported by your card provider (e.g., expiration-date updater services) to attempt to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

Shipping

The risk of loss of, and title to, Products passes to you or your designated shipping recipient when we deposit such Product(s) with a carrier for delivery to you or such recipient.

Returns & Refunds

We want you to be 100% satisfied with your experience with the Services and the Products. If within the first thirty (30) days you are not completely satisfied with your order, we will either (a) provide a replacement in the case of a defect or (b) in all other cases, issue a complete refund, subject to the exceptions and restrictions listed below:

1. Refunds are limited to amounts actually paid by you. This does not include the promotional value of any special offer or discount.

2. In cases where the return/refund is due to your order arriving damaged or with a defect confirmed by us, we will in our sole discretion either (a) provide you with a prepaid return shipping label, (b) reimburse your cost of return shipping, or (c) direct you to discard the damaged or defective product. For all other cases, return shipping costs are your responsibility. Shipping and handling charges may apply to Services and Products that are otherwise offered on a free or promotional basis.

3. All orders receiving bulk/wholesale pricing are final, and no refund will be given except in the case of material damage or defect upon your order’s arrival. If the damage or defect cannot be verified over the phone or via email contact, you may need to return the item to us for inspection before a determination can be made as to a potential refund. Please be sure to request and carefully review digital proofs when placing a bulk/wholesale order.

In addition to the above satisfaction guarantee, we also offer a limited lifetime warranty against defective workmanship on all our canvas wall décor Products, if such defective workmanship causes a canvas wall décor Product to be unusable for its intended purpose in a way that did not exist in the first thirty (30) days after you received it. To make such a warranty claim, please contact us, either via our website, via the self-service tools that may be provided in the app tray or drawer if using one of our mobile applications, or by telephone if you are using one of the Services that provides for telephone support.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND THE PRODUCTS ARE PROVIDED “AS IS, AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND OTHER THAN AS SET FORTH IN THE RETURNS AND REFUNDS SECTION OF THESE TERMS. WE HEREBY DISCLAIM ALL OTHER WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SERVICES AND THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, THEIR QUALITY, AVAILABILITY, PERFORMANCE AND FUNCTIONALITY), (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR OPERATE ON OR WITH ANY PARTICULAR HARDWARE, PLATFORM OR SOFTWARE, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY, AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY US OR OUR REPRESENTATIVES WILL BE DEEMED TO CREATE A WARRANTY.

Limitation of Liability – General

WE WILL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF OUR CONTROL. IN NO EVENT WILL WE BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM (A) THE USE OF OR THE INABILITY TO USE THE SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR (E) ANY PERSONAL INJURY OR PROPERTY DAMAGE THAT MAY RESULT FROM THE USE OF ANY OF THE PRODUCTS. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE GREATER OF FIFTY U.S. DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SPECIFIC SERVICES OR PRODUCTS AT ISSUE DURING THE SIX (6) MONTHS PRIOR TO THE DATE ON WHICH THE BASIS FOR THE DISPUTE HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THESE TERMS AND, IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Time Limit

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW,YOU HEREBY ACKNOWLEDGE AND AGREE THAT NO DISPUTE OR CLAIM, REGARDLESS OF FORM, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, YOUR PURCHASE AND/OR USE OF THE PRODUCT(S) AND/OR YOUR RELATIONSHIP WITH US, HOWSOEVER ALLEGED, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.

Limitation of Liability – Film, Prints and Negatives

WE STRONGLY SUGGEST THAT YOU NOT PROVIDE US WITH ORIGINAL DIGITAL FILES, FILM, PRINTS OR NEGATIVES WITHOUT RETAINING A COPY. IF YOUR DIGITAL FILES, FILM, PRINTS OR NEGATIVES ARE DAMAGED, LOST OR OTHERWISE NOT RETURNED, OUR SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE AS SET FORTH IN THE PARAGRAPH IMMEDIATELY ABOVE.

Limitation of Liability – Data and Usage Restrictions

WE WILL NOT BE LIABLE IN ANY MANNER FOR ANY DATA OR USAGE LIMITS, CAPS OR RESTRICTIONS, OR ANY RATES OR CHARGES, APPLIED TO OR ASSESSED ON YOUR MOBILE DEVICE BY ANY THIRD PARTY THAT RESULT FROM YOUR USE OF THE SERVICES OR OTHERWISE. WE SUGGEST THAT, WHEN AVAILABLE, YOU USE YOUR MOBILE DEVICE WITH AN UNMETERED WI-FI CONNECTION IN ORDER TO MINIMIZE THE LIKELIHOOD OF ANY OF THE FOREGOING OCCURRING TO YOU.

Limitation of Liability – Photo Tiles Products

WE STRONGLY SUGGEST THAT YOU FOLLOW THE INSTRUCTIONS AND/OR WARNINGS PROVIDED WITH OUR PRODUCTS, IF APPLICABLE, WHEN YOU RECEIVE THEM. IN PARTICULAR, BUT WITHOUT LIMITATION, WE WILL NOT BE LIABLE IN ANY MANNER FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY A PHOTO TILE SHOULD IT FALL OFF YOUR WALL, REGARDLESS OF WHETHER THOSE INSTRUCTIONS/WARNINGS WERE FOLLOWED.

Copyright and Other Intellectual Property Rights

We respect the intellectual property rights of others and ask you to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information, using the contact form provided on our website or in the app tray or drawer of the mobile application you are using, if available, as the case may be. You may also contact us by mail at info@giftshopie.com.

a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site, along with links to the material at issue;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf;
your name, address, telephone number, and email address; and
your electronic or physical signature.

Counter-Notice: If you believe that the content that was removed (or to which access has been disabled) is not infringing, or that the disputed use is authorized by the copyright or other intellectual property owner, its agent, or the law, you may send a written counter-notice containing the following information to us:

a description of the copyrighted work or other intellectual property that has been removed or to which access has been disabled;
a description of where such material was located on the site before it was removed or disabled, along with URLs that led to the material at issue if you have them;
a statement by you that you have a good faith belief that the content was authorized by the copyright or other intellectual property owner, its agent, or the law and was removed or disabled as a result of mistake or misidentification;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf;
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the District of New Jersey and a statement that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person; and
your electronic or physical signature.

If a counter-notice is received by us, we will send a copy of the counter-notice to the original complaining party/copyright owner. In accordance with applicable law, we may replace or restore access to the removed content unless the original complaining party/copyright owner notifies us that it is seeking a court order against the alleged infringing party to prevent further infringement of the content at issue.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, the accounts of users who are deemed to be repeat infringers.

Termination, Deactivation and Suspension

You or we may terminate your account at any time. If you violate these Terms, we also will have the right to deactivate or limit your access to the Services. You agree that any termination, limitation and/or deactivation may be effected by us without prior notice, and that we may immediately delete all related information, files and content in your account. We will not be liable in any manner for such termination, deactivation, limitation or deletion.

Special Notice for International Use; Export Controls

All software available in connection with the Services and the transmission of applicable data, if any, is subject to export controls established by law. No software may be downloaded from the Services or otherwise exported or re-exported in violation of export laws. Downloading or using such software is at your sole risk, and you must comply with all international and domestic law, regulations and rules regarding your use of the Services.

You represent and warrant that you: (1) are not located in, under the control of, or a national or resident of any country which the United States has embargoed for goods or services; (2) are not identified as a “Specially Designated National”; (3) are not placed on the U.S. Commerce Department’s Denied Persons List; and (4) will not access or use the Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.

Indemnification

You hereby release, indemnify and hold us and our present and future parents, subsidiaries, affiliates, officers, shareholders, members, directors, managers, employees, attorneys, representatives and agents, harmless from and against all claims, costs, damages, losses, liabilities, and expenses (including, without limitation, attorneys’ fees and costs), actions and damages of all kinds based on, arising out of or in connection with your use of the Services and/or the Products, your breach of these Terms and/or your use of any third-party site, service and/or product. If you are a California resident, you hereby waive California Civil Code Section 1542, which states that: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you hereby waive any comparable statute or doctrine.

Privacy Policy

The terms of our Privacy Policy are hereby incorporated by reference into these Terms.

Dispute Resolution (Class Action Waiver, Jury Trial Waiver and Arbitration Agreement)

PLEASE READ THIS DISPUTE RESOLUTION SECTION CAREFULLY. IT AFFECTS RIGHTS YOU MAY OTHERWISE HAVE, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO BRING A CLASS ACTION IN COURT AND THE RIGHT TO A JURY TRIAL.

For purposes of this Dispute Resolution section only, “we” or “us” refers to us and our present and future parents, subsidiaries, affiliates, officers, shareholders, members, directors, managers, employees, attorneys, representatives and agents.

You and we each hereby acknowledge and agree that (a) the procedures and other terms set forth in this Dispute Resolution section apply to any dispute or claim arising out of or relating to these Terms, the Services, your purchase and/or use of the Product(s) and/or or your relationship with us, howsoever alleged, including, without limitation, in contract, tort, product liability, statute, fraud, misrepresentation or other legal theory (each, a “Dispute”), (b) you and we intend that “Disputes” be read as broadly as possible, and include, without limitation, any dispute or claim that [1] arose before the existence of these Terms or a prior iteration hereof (including, without limitation, disputes or claims pertaining to advertising), [2] is currently the subject of purported class action litigation in which you are not a member of a certified class and [3] may arise after termination of these Terms, (c) you and we intend that “Disputes” not include any dispute or claim involving intellectual property rights, (d) these Terms and this Dispute Resolution section do not prevent you or us from bringing a Dispute to the attention of any government agency, (e) these Terms and this Dispute Resolution section do not prevent you or us from taking a Dispute to small claims court so long as it is not removed or appealed to a court of general jurisdiction, and (f) whether a Dispute falls within the jurisdictional limits of small claims court will be for the small claims court to decide in the first instance.

Mandatory Informal Dispute Resolution Process

You and we will work together in an effort to informally resolve any Dispute. As between us, the party initiating a Dispute will send the other a personally signed, written notice of the Dispute that includes, without limitation, (a) information sufficient to identify any transaction and account at issue, (b) the initiating party’s name, address, telephone number and email address and (c) a detailed description of the nature and basis of the Dispute and the relief sought, including, without limitation, a calculation for any damages or other monetary relief sought. If you have the Dispute with us, you will send such notice to Gift Shopie, 40 Fairfield Pl, West Caldwell NJ, 07006, Attn.: Copyright Agent. If we have the Dispute with you, we may send such notice to the most recent contact information we have for you.

For a period of sixty (60) days from receipt of a completed notice (which can be extended by agreement between you and us), you and we will each negotiate in good faith in an effort to informally resolve the Dispute. As between us, the party receiving the notice may request a telephone conference to aid in the resolution of the Dispute. If such a conference is requested, (a) you will personally participate in the conference (with your counsel, if represented), and (b) you and we will schedule such conference for a mutually convenient time, which may be outside of the 60-day period.

You and we each hereby acknowledge and agree that (a) completion of the process set forth in the preceding two paragraphs (the “Process”) will be a condition precedent to initiating a claim in arbitration or court, (b) if the sufficiency of a notice of and/or compliance with the Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either your or our election, and any court case or arbitration will be stayed during the pendency of such action, (c) the court determining compliance with the Process in any such action will have the authority to enforce the condition precedent to further litigation of the Dispute in court or arbitration, including, without limitation, the power to enjoin the filing or prosecution of arbitrations, (d) nothing in this Dispute Resolution section limits either your or our right to seek relief in court or arbitration for non-compliance with the Process, (e) all applicable limitations periods (including, without limitation, statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of the Process, and (f) you or we may commence litigation or arbitration if a Dispute is not resolved through the Process.

Class Action Waiver and Jury Trial Waiver

You and we each hereby acknowledge and agree that, to the fullest extent permitted by applicable law, (a) EACH OF US MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general or representative proceeding, (b) you and we will not be a member of any putative or actual class in a class action brought by any third party, nor will either of us seek to become a class representative in an action against the other, (c) disputes regarding the enforceability, revocability, or validity of this Class Action Waiver (as defined below) may be resolved only by a civil court of competent jurisdiction and not by an arbitrator, and (d) nothing in this paragraph limits either your or our right to participate in a class-wide settlement.
WHERE PERMISSIBLE, YOU AND WE WILL BRING DISPUTES IN COURT RATHER THAN ARBITRATION, AND ONLY ON AN INDIVIDUAL BASIS IN ACCORDANCE WITH THE TERMS IN THE PRECEDING PARAGRAPH (THE “CLASS ACTION WAIVER”).
YOU AND WE EACH HEREBY WAIVE THE RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Arbitration Agreement

IN JURISDICTIONS WHERE APPLICABLE LAW PROHIBITS THE CLASS ACTION WAIVER FROM APPLYING TO DISPUTES BROUGHT IN COURT, YOU AND WE WILL RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, SUBJECT TO THE CLASS ACTION WAIVER, RATHER THAN IN COURT. You and we each hereby acknowledge and agree that, in any such arbitration, (a) the arbitrator will decide all issues except issues that (which will be for a court of competent jurisdiction to decide) [1] are reserved in these Terms for a court, [2] pertain to the scope, validity, and enforceability of this Dispute Resolution section or [3] pertain to the arbitrability of a Dispute, (b) these Terms evidence a transaction in interstate commerce and you and we intend that they be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law, and (c) if any court or arbitrator determines that the Class Action Waiver is void or unenforceable, or that an arbitration can proceed on a class basis for any reason, then the arbitration agreement set forth in this Dispute Resolution section shall be deemed null and void in its entirety and you and we will each be deemed to have not agreed to arbitrate the Dispute.

Arbitration Procedures. You hereby acknowledge and agree that, in individual arbitration, there is no judge or jury and there may be less or different discovery and/or potential for appellate review than in court. You and we each hereby acknowledge and agree that the National Arbitration & Mediation (“NAM”) will administer the arbitration of any Dispute in accordance with the then-applicable NAM rules (including, without limitation, the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) (the “NAM Rules”), as modified by this Dispute Resolution section. The NAM Rules are available online at https://namadr.com, by calling NAM at 1-800-358-2550, and/or by written request to us at our address set forth in these Terms. If NAM is unavailable or unwilling to administer the arbitration consistent with this Dispute Resolution section, you and we will agree on an administrator that will do so, provided that if you and we do not agree then you and we will jointly petition a court of competent jurisdiction to appoint an administrator that will do so.

As between us, the party initiating an arbitration will send the other a personally signed, written notice of the arbitration that includes, without limitation, (a) a certification under penalty of perjury of compliance with the Process, and (b) a representation that such party will comply with the requirements of Federal Rule of Civil Procedure 11(b).

You and we each hereby acknowledge and agree that (a) the arbitration will be before a single, neutral arbitrator, (b) you will have the right to choose to have the arbitration conducted by way of a phone, video, or written submissions, except for the arbitration of a Dispute seeking $25,000 or more and/or injunctive relief, which will have an in-person or video hearing unless you and we agree otherwise, each in our sole and absolute discretion, (c) you and we each reserve the right to request a hearing on any matter from the arbitrator, and (d) you and our company representative will each personally appear at any hearing (with your and our counsel, if represented).

You and we each hereby acknowledge and agree that the arbitrator will (a) be authorized to [1] impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and/or their counsel, [2] re-allocate their compensation, expenses and/or administrative fees, as well as your and our legal fees and costs related to the arbitration, if they determine that a claim, defense and/or counterclaim was filed for purposes of harassment or is patently frivolous (and the arbitrator will apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award), and [3] award on an individual basis any relief that would be available in a court, including, without limitation, injunctive or declaratory relief only in favor of the single party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim, and (b) issue a reasoned written decision sufficient to explain essential findings and conclusions.

You and we each hereby acknowledge and agree that the arbitrator will not be authorized to (a) consolidate more than one person’s claims, and (b) preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. If, after exhaustion of all appeals, any of the prohibitions in this Dispute Resolution section on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), you and we each hereby acknowledge and agree that such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated.

You and we hereby acknowledge and agree that (a) judgment on any arbitration award may be entered in any court of competent jurisdiction, except a satisfied award may not be entered, and (b) no award will have preclusive effect in any other arbitration or proceeding in which you are not a named party.

Costs of Arbitration. You and we each hereby acknowledge and agree that (a) payment of arbitration fees will be governed by the NAM Rules and fee schedule, (b) you and we have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration and (c) you and we (and your and our counsel, if represented) will work together in good faith towards making any arbitration cost-effective for both you and us.
Settlement. In any arbitration, the defending party may make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to such motion being granted. In such case, neither you nor we will disclose any settlement offer(s) to the arbitrator until after the arbitrator issues an award on the Dispute. If the award is issued in the defending party’s favor, or the award is issued in the prosecuting party’s favor but is less than the defending party’s settlement offer, then prosecuting party will pay the defending party’s attorneys’ fees and costs incurred after such offer was made. If any applicable law prohibits the shifting of costs incurred in the arbitration, then any settlement offer made pursuant to this provision will serve to cease the accumulation of any attorneys’ fees and/or costs to which the prosecuting party may be entitled for the cause of action under which they are claiming.
Additional Procedures for Mass Filings. You and we each hereby acknowledge and agree that these Additional Procedures for Mass Filings (in addition to the other provisions of this Dispute Resolution section) will apply if you participate in a filing and/or prosecution of 25 or more similar Disputes (including, without limitation, yours) by the same or coordinated counsel (a “Mass Filing”). In the event of a Mass Filing (a) you hereby acknowledge and agree that [1] resolution of your Dispute might be delayed and ultimately proceed in court and not in arbitration and [2] any applicable limitations periods (including, without limitation, statutes of limitations) will be tolled for your Dispute from the time that your Dispute is first submitted to NAM until your Dispute is selected to proceed as part of a staged process (as set forth below) or is settled, withdrawn, opted out of arbitration or otherwise resolved pursuant to this Dispute Resolution section, and (b) your and our counsel will meet and confer in good faith in an effort to resolve the Disputes at issue, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and NAM’s resource, in the Mass Filing.
STAGE ONE: If at least 50 Disputes are submitted as part of the Mass Filing, (a) counsel for the claimants and our counsel will each select 25 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process, (b) you and we each hereby acknowledge and agree that [1] each of those 50 Disputes will be assigned to a different arbitrator and proceed individually, [2] if one of those 50 Disputes is withdrawn before the issuance of an arbitration award, you will have the right to select another Dispute to proceed in its place as part of Stage One, [3] if a second of those 50 Disputes is withdrawn before the issuance of an arbitration award, we will have the right to select another Dispute to proceed in its place as part of Stage One, and [4] if a third or greater number of those 50 Disputes is withdrawn before the issuance of an arbitration award, you and we will alternatingly have the right to select another Dispute to proceed in each’s withdrawn Dispute’s place as part of Stage One, and (c) you and we each hereby acknowledge and agree that the remaining Disputes will not be filed or deemed filed in arbitration nor will any arbitration fees be assessed in connection therewith. After the Stage One set of proceedings concludes with awards in each, counsel for the claimants and our counsel will in good faith participate in a global mediation session with a retired federal or state court judge jointly selected by you and us, and paid by us, in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One).
STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, (a) counsel for the claimants and our counsel will each select 50 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process (and if there are fewer than 100 Disputes, all will proceed individually in Stage Two), (b) you and we each hereby acknowledge and agree that [1] five (5) of those 50 Disputes will be assigned to a different arbitrator and proceed individually, [2] if one or more of those 50 Disputes is withdrawn before the issuance of an arbitration award, you and we will each have the right to select another Dispute to proceed in its place as part of Stage Two in the same process as set forth for Stage One, and (c) you and we each hereby acknowledge and agree that any remaining Disputes will not be filed or deemed filed in arbitration nor will any arbitration fees be assessed in connection therewith. After the Stage Two set of proceedings concludes with awards in each, counsel for the claimants and our counsel will in good faith participate in a global mediation session with a retired federal or state court judge jointly selected by you and us, and paid by us, in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One and Stage Two).

Upon completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is neither settled nor withdrawn will be opted out of arbitration and proceed only as a sole proceeding in a court of competent jurisdiction consistent with the remainder of these Terms.

You and we each hereby acknowledge and agree that (a) if, after exhaustion of all appeals, a court of competent jurisdiction decides that this Additional Procedures for Mass Filings section of this Dispute Resolution section apply to your Dispute but are not enforceable, then your Dispute will not proceed in arbitration and will only proceed in a court of competent jurisdiction consistent with the remainder of the Terms, and (b) that this Additional Procedures for Mass Filings section of this Dispute Resolution section and each of its requirements are essential parts of these Terms.

Future Changes to Arbitration Agreement. If we make any future changes to this Dispute Resolution section other than a change to our contact information, you will have the right to reject any such change by sending us, within thirty (30) days of such change, a personally signed, written notice to Gift Shopie, 40 Fairfield Pl, West Caldwell NJ, 07006, Attn.: Copyright Agent. You hereby acknowledge and agree that such written notice will not constitute an opt out of arbitration altogether, but rather, only of any change(s) made to this Dispute Resolution section in the thirty (30) days prior to your written notice.

Miscellaneous

YOU AND WE EACH HEREBY AGREE THAT WE INTEND EACH PROVISION OF THESE TERMS TO BE ENFORCEABLE TO THE FULLEST EXTENT (AND ONLY TO THE FULLEST EXTENT) PERMITTED BY APPLICABLE LAW.

We reserve the right to change these Terms at any time, effective immediately upon posting here. Any updates, new services or modifications of existing services will be governed by these Terms. The continued use of the Services following the posting of changes to these Terms constitutes your acceptance to such changes. We strongly encourage you to periodically review these Terms. All prices and features of the Services and the Products are subject to change without notice.

We reserve the right to modify, discontinue or suspend, temporarily or permanently, any of the Services (or any part thereof) and/or the Products, with or without notice. You agree that we will not be liable to you or to any third party for any modification, discontinuance or suspension of any of the Services or the Products.

Any communication we receive from you will be considered NOT to be confidential (other than information we may agree to keep confidential under our Privacy Policy). By sending us any information (other than information we may agree to keep confidential under our Privacy Policy) you grant us a nonexclusive, universe-wide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to reproduce, distribute copies of, prepare derivative works based upon, publicly perform, publicly display, train artificial intelligence on, and otherwise use and exploit that information.

These Terms constitute the entire agreement between you and us governing your use of the Services and the Products. If there is any conflict or inconsistency between these Terms or any other terms or conditions available elsewhere regarding the Services and/or the Products, these Terms will govern and be given precedence.

The waiver of any right under these Terms will not operate as past, present or future waiver of that right or of any other right. No waiver will be effective in any case unless acknowledged and agreed to by us in writing.

In addition to such other provisions that, by their terms, survive any termination of these Terms, the following sections will survive termination of these Terms: (a) limitations of liability provisions; (b) disclaimer of warranties; (c) indemnification; and (d) dispute resolution (including, without limitation, arbitration agreement, class action waiver and jury trial waiver).

Except as otherwise provided in these Terms, if any provision of these Terms is found to be invalid, illegal or unenforceable, a modified provision will be substituted that carries out as nearly as possible your and our original intent as evidenced solely by the language of these Terms, and the validity, legality and enforceability of any of the remaining provisions of these Terms will not in any way be affected or impaired thereby. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or the use of the Services. We have the right to assign any or all our rights and obligations under these Terms at any time; however, all rights that you may have under these Terms or otherwise in and to the Services may not be assigned by you.

Nothing contained in these Terms will be deemed to create, or be construed as creating, any third-party beneficiary right of action upon any third party, in any manner whatsoever.

The Services are offered by us, and we are located at 40 Fairfield Pl, West Caldwell NJ, 07006. If you are a California resident, you may have a copy of these Terms emailed to you by sending a letter to the foregoing address with your email address and a request for such Terms.

Third Party Service Providers

Some aspects of the Service may be dependent upon third-party service providers, such as a wireless carrier or social media platform. We do not control such third-party service providers and are not responsible or liable for their acts or omissions. In addition, such third-party service providers may have their own terms, policies, and guidelines. You should become familiar with all such terms, policies, or guidelines prior to using the Service through such third-party service providers.

When you opt-in to any of the Gift Shopie family of brands’ marketing, promotional, and delivery notification text messaging services, including SMS and MMS (collectively the “SMS Service”), we will send you an SMS message to confirm your signup. Message frequencies and short codes may vary by brand. You may cancel the SMS Service at any time. Reply “STOP” to cancel and “HELP” for assistance. The SMS Service is provided by participating third-party mobile phone/wireless carriers. Message and data rates may apply. If you have any questions regarding your text or data plan, please contact your mobile phone/wireless carrier. Carriers are not liable for delayed or undelivered messages. If you have any questions regarding Gift Shopie's SMS Service, please use our Contact Privacy form to reach the Privacy Support team.

Platform providers, such as Apple, Inc. and Google, Inc., that make our mobile App or Apps available for download ("Platform Providers") are not parties to these Terms of Use. Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of an App to conform to the warranties herein, you may notify the applicable Platform Provider, and such Platform Provider may refund any purchases made through the App (if applicable). To the fullest extent permitted by law, Platform Providers will have no other warranty obligation whatsoever with respect to an App. You acknowledge that Platform Providers are not responsible for addressing any claims relating to an App or your possession and/or use of an App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The Platform Providers are third-party beneficiaries of these Terms of Use, and Platform Providers will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof. You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.

We may provide links and pointers to Internet sites maintained by others (“Third-Party Sites”) that are not affiliated with us and may be located in different countries and that may be subject to different regulatory and other legal requirements. These links and pointers are only for your convenience, and therefore you access them at your own risk.

Proprietary Rights

You acknowledge that the Service contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and the Company or its Affiliates or other third-party licensors may own a copyright in the selection, coordination, compilation, arrangement, and/or enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, for monetary gain or otherwise, any of the Content, in whole or in part. If no specific restrictions are displayed, you may use the Content only for your personal non-commercial use and make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

Third Party Content on the Website

The Company is a distributor and not a publisher of the Content supplied by third parties on the Service. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Content expressed or made available by third parties, including Providers, Merchants, Sponsors, Licensors, or any user of the Service, are those of the respective authors or distributors and not of the Company or its Affiliates or any of its officers, directors, employees, or agents. NEITHER THE COMPANY NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY THIRD PARTY, INCLUDING ANY ASSOCIATES, OR ANY OTHER USER OF THE SERVICE, GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

In many instances, the Content available through the Service represents the opinions and judgments of the respective Associate, subscriber, customer, or user, whether or not under contract with the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on the Service by anyone other than authorized Company employees. Under no circumstances shall the Company, or its Affiliates, or any of their respective officers, directors, employees, or agents, be liable for any loss or damage caused by your reliance on any Content or other information obtained through the Service. It is your responsibility to evaluate the information, opinion, advice, or other Content available through the Service.

Accessibility Statement

Gift Shopie is committed to making our Website's content accessible and user-friendly to everyone. If you are having difficulty viewing or navigating the content on the Website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email our team at info@giftshopie.com with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user-friendly.

Copyright Agent

The Company respects the rights of all copyright holders and has adopted a policy that provides for the termination of user privileges and membership in appropriate circumstances of users who infringe the rights of copyright holders. While we reserve the right to terminate the access of users who infringe or otherwise violate the rights of others in our sole discretion, if you are a repeat offender, your access will be suspended or terminated. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent (identified below) with the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; b. 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; c. 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 us to locate the material; d. Information reasonably sufficient to permit us to contact the complaining party; e. A statement that the complaining party has 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 f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company's Copyright Agent for notice of claims of copyright infringement on or regarding this Website can be reached as follows:

Copyright Agent

Attn: COPYRIGHT AGENT
Gift Shopie
40 Fairfield Pl, West Caldwell NJ, 07006
Email: info@giftshopie.com

User Submissions

The Company does not claim ownership of any Content you submit or make available for inclusion on the Service. However, with respect to all such Content, including, without limitation, creative ideas, suggestions, product and service reviews, content, postings, artwork, material or other submissions that you send, upload, transmit, post, submit or otherwise make available to us, whether via the Service, email, feedback, a public forum, social media, or otherwise (collectively, "User Submissions"), you hereby grant the Company and its Affiliates the worldwide, perpetual, royalty-free, irrevocable, transferable, non-exclusive right to use, communicate, reproduce, publish, display, perform, modify, alter, adapt, translate, sublicense, distribute, create derivative works from, commercialize, and exploit such User Submissions in any manner, including on the Service or any other web sites, in television programs, on radio, in books, magazines, articles, commentaries, and in any other medium now known or later developed without your consent. You also warrant that you own or otherwise control all of the rights to any User Submissions you submit or post on or to the Service or otherwise transmit to the Company and that our public posting and other public or private use of such User Submissions will not infringe the rights of any third party. You acknowledge that you are not entitled now, or in the future, to any compensation for any User Submissions you may submit or post.

No User Submissions, regardless of how they may be marked, will be received by us in confidence, nor shall they be subject to any express or implied obligation of confidentially. Neither the Company, nor its Affiliates, nor their respective officers, directors, agents or employees shall be liable for any use or disclosure of any User Submissions.

Except as otherwise specifically set forth to the contrary herein, and to the fullest extent permitted by law, you and your successors and assigns hereby waive any and all rights and remedies you may have against the Company, or its Affiliates, or any of their respective officers, directors, employees, or agents now or in the future, and hereby release the Company, its Affiliates, and any of their respective officers, directors, agents and employees from any and all claims, demands, actions, causes of action, damages, obligations, losses and expenses of whatever kind, in each case relating to your providing, posting, transmitting or making available through the Service any User Submissions to the Company, and the Company’s receiving, evaluating, and utilizing the User Submissions.

In addition, the Company may, in our sole discretion, at any time and without prior notice to you, suspend or terminate your participation in any public forum or any other portion of the Service, or the subscription or registration of any user who violates any of these Terms of Use, any of the rules, regulations or guidelines, or for any other behavior that we in our sole discretion believe is in breach of these Terms of Use.

Use of Public Forums

A "public forum" means any publicly accessible message board, chat room, discussion group, folder, survey, contest, sweepstakes, user review and rate forum, live event, or other interactive service or promotion on or accessible via the Service, and includes both public boards and folders. You must use, subscribe, or register in accordance with instructions that you will find on the Service in order to participate or contribute to any public forum. You may not submit or post on any public forum, or send to any other public forum user or our employees, any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, invades a person's privacy, violates any intellectual or other property rights, or is vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to use any false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other Content, or attempt to do any such acts. You may not use any public forum in a commercial manner. You may not submit or post material that solicits funds, or that advertises or solicits goods or services. You may not submit or post any User Submissions or material that you know, or should have known, to be false. You may not submit or post messages regarding stocks or other securities. You may not submit, post, or transmit any information, software or other material that contains a virus or other harmful component.

The Company is not responsible for any User Submissions or material appearing in any public forum on the Service, except for Content created by one of our identified authorized representatives. We do not screen User Submissions for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the rights set forth below in The Company's Rights section

Distribution/Uploading by Users of Third Party Content

Except as otherwise set forth in these Terms of Use, you agree not to upload to or otherwise distribute on the Service any Content created or owned by others which is subject to any copyright or other proprietary rights of any third party. The unauthorized submission or distribution of copyrighted or other proprietary third-party Content is illegal and could subject you to personal liability for damages. You, not the Company or any Associate, will be liable for any damages resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission by you.

Compliance with Laws and Export Regulation

You agree to use the Content and this Service in compliance with all applicable laws, rules and regulations and in a manner that does not, in the sole judgment of the Company, negatively reflect on the goodwill or reputation of the Company or any of its Affiliates.

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from the Service to either a foreign national or a foreign destination in violation of such laws.

The Company's Rights

The Company is not responsible for screening, policing, editing, or monitoring Content (including User Submissions). The Company (or its Affiliates) may elect, but is not obligated, to monitor, electronically or otherwise, areas of the Service and may disclose any Content (including User Submissions), records, or electronic communication of any kind and information you provide to the Company or its Affiliates, through the Service or otherwise, including all merchandising channels, (i) when we believe disclosure to be appropriate to comply with any law, regulation, or government or law enforcement request or to comply with judicial process; or (ii) if such disclosure is necessary or appropriate to operate the Service and/or the overall business of the Company and its Affiliates; or (iii) to protect the rights or property of the Company, users of the Service, Affiliates, subscribers, customers, recipients, Sponsors, Providers, Licensors, or Merchants. Subject to the "Copyright Agent" provisions above, if notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, the Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Service.

The Company reserves the right to prohibit or remove conduct, communication, or Content (including User Submissions) from the Service, including any part thereof, for any or no reason, including, without limitation, Content that it deems in its sole discretion to be harmful to users of the Service, subscribers, customers, recipients, Associates, content or service providers, the Company or its Affiliates, or any rights of the Company or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither the Company, nor its Affiliates, or Associates, can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither the Company, nor its Affiliates, nor any of their respective officers, directors, employees, agents or employees, nor any Provider, Merchant, Sponsor, or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content (including User Submissions) on the Service.

Online Conduct

Any conduct by you that in the Company's sole discretion restricts, impedes, or inhibits any other user from using or enjoying the Service will not be permitted. You agree to use the Service in accordance with these Terms of Use and only for lawful purposes. You agree that you will not use the Service to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, that are specifically designated for such a purpose. You shall not attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Service. Additionally, you are prohibited from violating or attempting to violate any security features of the Service. The provisions of these Terms of Use are for the benefit of the Company, its Affiliates and the Service Providers, Merchants, Sponsors and Licensors, and each shall have the right to assert and enforce such provisions directly against the violator on its own behalf.

Purchases

The payment terms displayed on our Service (which may differ from Affiliate to Affiliate) are a part of these Terms of Use and govern all services and products offered through any Service.

Privacy Notice

We recognize and respect the importance of maintaining the privacy of our users, customers and subscribers and have established a privacy notice as a result. In our Privacy Notice, which constitutes part of these Terms of Use, we describe why we gather information from users, customers, and subscribers, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of information about you. We encourage you to read our Privacy Notice.

Loyalty Programs and Promotion Offers

From time to time, Gift Shopie and its Affiliates offer loyalty programs and Promotional Offers under various names to our customers, members, visitors, and users. In addition to the terms and conditions set forth in the Terms of Use, these loyalty programs and Promotional Offers may be subject to their own specific and additional terms and conditions displayed on the marketing materials and also at www.giftshopie.com. Please be sure you have read and understand all of the terms and conditions of the loyalty programs and Promotional Offers before you purchase any of the products or services offered in association with these loyalty programs and Promotional Offers.

Indemnity

Except as otherwise specifically set forth to the contrary herein, and to the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Company, its Affiliates and any of their respective officers, directors, employees or agents, from and against any and all liability, claims, costs and expenses (including, without limitation, reasonable legal fees and expenses), brought by any third party alleging, arising, related or resulting from (i) your use (or use by any third party using your account) of the Service, including in violation or breach of the Terms of Use, (ii) your User Submissions, (iii) your violation of any rights of a third party, or (iv) your violation of any applicable law, rule or regulation. This indemnification obligation will continue after you stop using the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim or matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any claim or matter without our prior written consent.

Termination of Usage; Updates to Service

The Company may terminate your access, or suspend your access to all or part of the Service, without notice, for any reason or no reason, including conduct that the Company, in its sole discretion, believes is a violation or breach of these Terms of Use, is in violation of any applicable law or is harmful to the interests of another user, customer, recipient, subscriber, a third-party Associate, content or service provider, the Company or its Affiliates.

We will not be liable if, for any reason, all or part of the Service is ever unavailable. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. We undertake no obligation to update, amend, or clarify information on the Service, except as required by law. Please remember when reviewing information on the Service that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on the Service to become inaccurate or incomplete.

On occasion, information on the Service may contain errors. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information (including after you have submitted your order).

Severability

If any term or other provision of these Terms of Use are deemed by a final court of competent jurisdiction to be invalid, illegal or incapable of being enforced by any rule of law, or public policy, all other terms, conditions and provisions of these Terms of Use shall nevertheless remain in full force and effect to the maximum extent permitted by law. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the court shall modify only the affected term, condition or provision to effect the original intent of the parties as closely as possible so that the contemplated transactions are fulfilled and the Company and its Affiliates are protected to the greatest extent possible.

Governing Law, Waiver of Jury Trial & Arbitration; CLASS ACTION WAIVER

The Service is controlled by the Company from its offices within the United States of America. The Company makes no representation that this Service or the Content is appropriate or available for use in other locations, and access to them from territories where Content is illegal is prohibited. Those persons and entities that choose to access this Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

You agree that any and all claims, disputes, controversies, actions or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of, exploitation, or sale of any and all products and services of the Company and its Affiliates, through all merchandising channels, including, but not limited to, the internet, this Service, telephone, catalog, radio, television, mobile device, social media platforms, and participating retail stores or the Content (collectively referred to as "Claims"), shall be governed by the internal substantive laws of the State of New York without regard to its conflict of laws principals and that any and all Claims shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") or by a state small claims court of competent jurisdiction over the Claim and the parties. Any Claim you may have must be commenced within one (1) year after such Claim arises.

You agree that: (i) any arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA; (ii) any arbitration shall be conducted on submission, telephonically or at a location determined by the AAA pursuant to the Rules and Procedures of the AAA; (iii) an arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines and penalties nor award punitive damages or equitable relief; (IV) EXCEPT AS SET FORTH BELOW IN SUBPART (VI), THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND NO RIGHT TO A JURY TRIAL, (V) YOUR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND YOU SHALL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED AND MAY ONLY RESOLVE CLAIMS, AND RENDER AWARDS BETWEEN YOU AND THE COMPANY AND ITS AFFILIATES ALONE; and (vi) you may elect to bring your claim in a state small claims court of competent jurisdiction over the claim and the parties. With the exception of subpart (v) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly. For more information on the AAA and its Rules and Procedures, you may visit the AAA website at www.adr.org.

Notice for New Jersey Residents

Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract that includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. Consequently, and for the avoidance of doubt, no provision in these Terms of Use shall apply to any consumer in New Jersey if the provision violates any such clearly established legal right or responsibility, including, but not limited to, grounds for redress under or in the event of: (i) seller’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) seller’s failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). In addition, under the TCCWNA, no consumer contract may state that any of its provisions is or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. With respect to these Terms of Use, in the section on Limitations of Liability, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.

Notice for California Users

Under California Civil Code Section 1789.3, California users of the Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Acknowledgment and Changes

These Terms of Use, together with our Privacy Notice, and all other documents incorporated herein by reference, represent the entire understanding between you and the Company regarding your relationship with the Company and supersede any prior statements or representations. You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. YOU AGREE TO BE BOUND BY THESE TERMS OF USE by accessing any areas of the Service via the Internet, or using the telephone, catalog, radio, television, mobile device and Company-owned retail stores. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. We may send you responses or notices by e-mail, posting via the Service, or written communication sent by the U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Please note that our Mobile Apps are available to be downloaded within the United States and Canada.

We reserve the right to change the Terms of Use at any time. If we make any change to the Terms of Use, we will post those changes on this Website, or any other appropriate page, and they will become effective upon the later of 1) the date specified by the Company, if any, or 2) the posting. By accessing the Service after changes are made to the Terms of Use and posted on the Service, you agree to be legally bound, and to abide, by the amended terms.

Contact Us

If you have any questions or concerns about this Terms of Use or our data practices, please contact us at:

Gift Shopie
40 Fairfield Pl, West Caldwell NJ, 07006
Email: info@giftshopie.com (For General Inquiries)
Email: sales@giftshopie.com (For Orders and Returns)

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