“GiftE” SYSTEM USER TERMS of SERVICE and CONDITIONS of USE
This Site (www.GiftE.com) is operated by, and “GiftE” gift cards are issued by, WILopEN Products, LC. a Florida Limited Liability Company. BY ACCESSING OR USING THIS SITE AND/OR OTHER RELATED WILEN GROUP WEBSITES, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE (THE "TERMS OF USE") AND YOUR AGREEMENT TO BE LEGALLY BOUND TO THESE TERMS OF USE. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
Use of the Site is conditioned upon your having access to the Internet/World Wide Web. Such access and all related hardware, software and services costs are your sole responsibility and you hereby release WILopEN Products, LC from any liability for any errors, failures or malfunctions of all such hardware, software and/or services.
Your Use of the Site:
If you are a retailer, potential retail partner or gift card issuer who is reviewing this website and its associated products for considering becoming a partner or having a business relationship, or responding to having received a direct mail solicitation from GiftE, WILopEN Products, LC or any Wilen Group, LC, affiliate company, you should be aware that we have provided you with certain confidential and proprietary information and documents for the sole purpose of evaluating a possible business relationship, subject to the terms and conditions set forth in this Agreement.
The proprietary information and documents you have received and the associated demonstration of GiftE.com form a new web portal intended to be used by retailers, restaurants, advertisers and publishers. This demonstration exhibits several patents-pending methodologies and technologies. These include distribution of gift card packages, identification of users, our products and services, and a system for activation of gift cards by both the gift giver and gift recipient. No part of this is to be reproduced, re-engineered, used or disseminated without written permission.
You may use the Site only in accordance with and subject to these Terms of Use and the Site's Privacy Policy (the "Privacy Policy") (available at http:// GiftE.com). The content and information posted on this Site are provided as information to interested persons and may be used for informational and personal purposes only. Modification or use of the materials for any other purpose may violate our (or a third party’s) intellectual property rights. This Site is not intended for commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of WILopEN or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of WILopEN Poducts LC; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
You are responsible for maintaining the confidentiality of your account and password, if applicable. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
You Must Be At Least 18 Years of Age:
The Site is only available to persons who are 18 years of age or older.
TO PURCHASE ‘GIFTE’™
When you purchase, receive or redeem “GiftE”, you agree to the laws of the State of Florida, without regard to principles of conflict of laws which govern “GiftE” terms and conditions. WILopEN Products, LC, reserves the right to change these terms and conditions from time to time at its sole discretion. All terms and conditions are applicable to the extent permitted by law. www.GiftE.com also maintains sole discretion to amend, change, modify, revise or terminate these terms and conditions at any time without advance notice. Any and all such changes shall be immediately effective at the time they are posted on www.GiftE.com. It is your responsibility to maintain your familiarity with these terms and conditions as they change over time.
REDEMPTION
“GiftE” must be redeemed at named retailer’s retail store or E-commerce site towards the purchase of eligible products. Purchases are deducted from “GiftE” account balance. Any unused balance will be placed in the recipient's “GiftE” account when redeemed. If an order exceeds the amount of “GiftE” account, the additional balance must be paid immediately with a credit card or other available payment method. To view “GiftE” account balances you can call our customer support center at (954-246-5000) or visit us at (www.GiftE.com).
The named retailer is the seller of the goods, services and/or experiences which you purchase, and is the seller, issuer and obligor of the “GiftE.” As such, the named retailer shall be fully responsible for any and all loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to your redemption or attempted redemption, in whole or in part, of any “GiftE.” You waive and release WILopEN Products, LC, its parent, subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates and third parties from any liability for any damages or losses arising out of or otherwise incurred in connection with your redemption or attempted redemption, in whole or in part, of any “GiftE.” The named retailer is obligated to honor the “GiftE” in compliance with all applicable laws. WILopEN Products, LC is not responsible for the redemption of the “GiftE.”
www.GiftE.com is solely the marketing portal for the named retailers. If you have problems with the “GiftE” redemption or the goods, services and/or experiences provided, or to be provided, in connection with the “GiftE”, we will use reasonable efforts to assist you in dealing with the named retailer. However, we cannot and do not guarantee the issuance of any credits and/or refunds. Any attempted redemption of any “GiftE” not consistent with these terms and conditions will render the “GiftE” null and void.
WILOPEN PRODUCTS, LC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY “GIFTE”, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A “GIFTE” CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH “GIFTE.” CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE RISK OF LOSS AND TITLE FOR “GIFTE” PASS TO THE PURCHASER UPON OUR ELECTRONIC TRANSMISSION TO THE RECIPIENT, WHICHEVER IS APPLICABLE. IN NO EVENT WILL WILOPEN PRODUCTS, LC BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES.
GIFTE ACCOUNT LIMITATIONS
At the current time “GiftE” accounts cannot be redeemed for purchases from third party sellers, OTHER THAN NAMED RETAILER. “GiftE” accounts cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other GiftE account, except to the extent required by law. Unused Gift Card balances in the WILopEN Products account may not be transferred.
RISK OF LOSS
The risk of loss and title for each individual “GiftE” account passes to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier or whichever is applicable. We are not responsible if “GiftE” is lost, stolen, destroyed or used without the purchasers’ permission.
FRAUD
WWW.GiftE.com will have the right to close customer accounts and request alternative forms of payment if “GiftE” account is acquired or obtained fraudulently or redeemed and/or used to make purchases.
DISPUTES
All disputes about merchandise or service delivery are the responsibility of Retailer or Service Provider.
LIMITATIONS OF LIABILITY
Neither WILopEN Products, LC., our affiliates nor any of our or their respective officers or directors have any responsibility or liability for any expense, loss, cost, injury, damage, delay, travel cancellation, accident or any other matter or thing whatsoever (collectively, "Costs"), however suffered or caused (including compensatory, incidental, indirect, special, punitive, consequential or exemplary damages or damages for loss of income or profits), directly or indirectly arising out of or related to (i) the Site or your participation with the Site; (ii) any failure, delay or decision by WILopEN Products, LC in administering the Site or amending these Terms and Conditions or the basis on which you can redeem; (iii) unauthorized use of the service or your ”GiftE”; (iv) any offer, representation, statement or claim about the Site and/or “GiftE”, any partner, named retailer, or supplier or their products or services, made by a partner, named retailer, or supplier or any other person; or (v) the purchase, redemption for or use of any goods or services of partners, named retailers, and/or suppliers, including any points, whether made available by WILopEN Products LC, any of our affiliates, partners, suppliers or otherwise.
www.GiftE.com is provided on an "as is" and "as available" basis, without express or implied warranties of any kind, including but not limited to implied warranties of merchantability or fitness for any particular purpose or non-infringement. We neither represent nor warrant that this Site will be uninterrupted or error free. In no event, will we be liable for any damage, including but not limited to any incidental, consequential, direct or indirect damages or any cause of any kind based upon or resulting from any use, attempted use or inability to use this Site.
WILopEN Products, LC does not assume responsibility or liability for the actions, product, or content of any affiliate merchant.
DISCLOSURE
INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
If you are a consumer purchasing products or services online from WILopEN Products, LC for personal, family, or household purposes, you may have additional rights pursuant to the Electronic Signatures in Global and National Commerce Act and other applicable state law. Please read the following disclosure carefully. It describes your rights to elect to contract electronically with us.
By clicking "Submit", (1) you agree and consent to (i) contract electronically with us for the products or services you have requested in accordance with this Agreement and (2) you understand that you are entering into a legal agreement and you intend to be legally bound by this Agreement.
If you do not consent to the above, then you must exit the Site from your browser..
WILopEN Products, LC Intellectual Property and Your License to Use It:
www.GiftE.com site and (Retailer Branded Site), the software used with the Site, and all content ... such as computer code, text, graphics, site-images, etc., plus the collection, arrangement and assembly of such, are the exclusive intellectual property of WILopEN Products, LC, or its affiliates, and is protected by both United States and international intellectual property laws; specifically, copyright, trademark/service mark, trade secret, trade dress, patent and/or other proprietary rights and laws. WILopEN Products, LC, grants to you only a limited, non-exclusive, non-transferable, non-assignable license to use the intellectual property on the Site solely for the purposes of viewing the Site and/or exercising the incentives offered therein, and utilizing the Retailer and Advertiser area functions of the Site, if you so qualify.
WILopEN Products, LC and/or its affiliates retain all right, title and interest in all content, components and/or material related to the Site. You may not sell, resell, de compile, reverse engineer, disassemble or otherwise translate any of the software portions of the Site or to a human-readable form. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site or in any way except as authorized herein or thereon or by other prior written permission from WILopEN Products, LC. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or, in whole or in part, nor use any content for any purpose other than that intended, unless previously authorized by us in writing. Any unauthorized use of any material contained in the Site is strictly prohibited.
As this site may contain links to servers maintained by other organizations, WILopEN Products, LC does not provide any warranty about the accuracy or source of information found on any of these servers or the content of any file the user might choose to download from a third-party site.
Content:
In general, the content contained on the Site is supplied by third parties and other users. In no event will anything contained in these Terms of Use or any area of the Site be construed as a representation or guarantee with respect to any of the content. We do not control the comments or other content posted on our Site by users and consequently we do not guarantee the accuracy, integrity, or quality of any content. Further, we do not endorse, nor are we responsible for, the accuracy and reliability of any opinion, advice or statement made on the Site by any third party. We assume no responsibility and no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. It is possible that you may be exposed to comments of other participants that may be inaccurate, offensive, indecent or objectionable. Under no circumstances will we be liable in any way for comments posted by any participants, including (without limitation) any errors or omissions in those comments, or any loss or damage incurred as a result of the use of any comments or other information posted, emailed, transmitted or otherwise made available via the Site. You understand and acknowledge that you are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Site. We reserve the right, in our sole discretion, to reject, refuse to post or remove any Content (defined below) posted by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. We expressly reserve the right to remove your profile and/or restrict, suspend, or terminate your access to the Site if you do not comply with these Terms of Use.
Users will be able to post content on the Site. You are solely responsible for any content, photos, artwork, videos, text, graphics, articles and other information you upload, post, display or otherwise provide to the Site (“Content”). You represent and warrant that: (i) you own the Content posted by you on the Site or otherwise have the right to grant the license set forth in this Paragraph; (ii) your Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and other monies owing to any person by reason of any Content you post on the Site.
The following is a partial list of the type of Content that is illegal or prohibited to post on or through the Site. Prohibited Content includes, but is not limited to Content that:
1. is patently offensive and promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains
a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names,
URLs or email addresses;
7. promotes information that you know is false or misleading or
promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or
links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords from users or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
14. includes a photograph of another person that you have posted without that person's consent.
We do not claim any ownership rights in the Content that you post to the Site. After posting your Content to the Site, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. Notwithstanding the foregoing, by supplying Content to any area of the Site, you hereby grant us a perpetual, irrevocable, sublicensable, royalty-free license to use, display, catalog, modify, edit, adapt, compile or otherwise exploit any such Content. We may also use your name or user name associated with any such Content. We shall not seek additional permission from you for any uses and you expressly waive any right of approval or compensation for such uses. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such Content for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products and services which incorporate such Content.
This Site is protected by copyright, trademark, and other laws and we own and retain all rights in our content on the Site. We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display our content (excluding any software code) solely for your personal use in connection with viewing and utilizing the Site for its intended purposes.
Copyright Infringement; Notice and Take-Down Procedures:
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative, and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send this Site a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for further information. Our contact for copyright issues relating to this Site (including the notices and counter-notices) is:
By Mail: Copyright Agent, Mr. Gordon M. Kramer, WILopEN Products LC, 3333 SW 15th Street, Deerfield Beach, FL 33442.
By E-Mail: customerservice@wilopen.com.
Please note that there are penalties for false claims under the DMCA.
Links to Third-Party Websites; No Implied Endorsements:
This Site may contain links to other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality, or any other aspect of any linked website. In no event shall any reference to any third party, third party website, or third party product or service be construed as an approval or endorsement by us of that third party, third party website, or of any product or service provided by a third party.
Choice of Law and Forum:
These Terms of Use and any dispute of any sort that might arise between you and WILopEN Products LC or its parent, subsidiaries, divisions, or affiliates shall be governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding the United Nations Convention on Contracts for the Sale of Goods, as amended from time to time. Any action brought to enforce this agreement or matters related to the Site will be brought in either the state or federal courts in Ft. Lauderdale, Florida; provided, however, that notwithstanding anything contained in these Terms of Use to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. In addition, you expressly waive any right to a jury trial in any legal proceeding against WILopEN Products LC, its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms of Use. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
Miscellaneous:
Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and WILopEN Products, LC with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and WILopEN Products LC with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of WILopEN Products LC to act with respect to a breach by you or others does not waive WILopEN Products LC’s right to act with respect to subsequent or similar breaches. WILopEN Products LC's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WILopEN Products LC without restriction. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.
Terms and Conditions last updated on August 2, 2011