Terms of Use

Acceptance

Perfect Gift , LLC, (“Perfect Gift ,” “PG,” “we,” “us,” “our”) provides certain consumer services relating to the sale to, and purchase and receipt by, consumers of gift cards, in physical and/or electronic form (“Gift Cards,” “Cards”) through our website located at www.Perfect Gift .com; the mobile version of this website, and any other websites we have now or in the future that reference these Terms of Use (collectively, the “Site”).

By visiting or completing a transaction on the Site, you agree to these Terms of Use, our Terms of Service, and any additional terms applicable to certain services or programs in which you may elect to participate. You also agree to our Privacy Statement, incorporated herein by reference and located at (“Privacy Statement”), and you acknowledge that you will regularly visit the Terms of Use and our Privacy Statement to familiarize yourself with any and all updates. The Privacy Statement, together with these Terms of Use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as “Terms of Use.” The term “using” also includes any person or entity that access or uses the Site with crawlers, robots, data mining, or extraction tools or any other functionality.

You agree that we may provide agreements and disclosures related to PG to electronically instead of in paper form. You agree that all electronic agreements, notices, disclosures and other communications satisfy any and all legal requirements that such communications be in writing. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such submissions.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY PERFECT GIFT SERVICE, PARTICIPATE IN ANY PROGRAM, OR PURCHASE OR RECEIVE ANY PRODUCT, GOOD, OR SERVICE OFFERED THROUGH THE SITE.

PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF USE CAREFULLY: (A) DISPUTE RESOLUTION/ARBITRATION AGREEMENT, (B) LIMITATION OF LIABILITY, AND (C) INDEMNIFICATION/RELEASE.

Modification

We reserve the right, at our sole discretion, to discontinue, change, or modify portions of these Terms of Use at any time. If we do this, we will post the changes and will indicate the date these terms were last revised. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new Terms of Use. Any changes to these Terms of Use will be effective upon posting; provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you should cancel your enrollment and you should not use the Site or any services offered through the Site after the effective date of the changes. You agree that our posting of any changes on the Terms of Use page is adequate notice to advise you of these changes.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on this Site from time to time. All such terms are hereby incorporated by reference into these Terms of Use.

Access and Use of the Site

About the Site

The Site has information about our company and the services we provide. It also serves as a platform designed to allow you to purchase and receive Cards, for the sole purpose of personal, family or household use and not for resale. Additional Terms of Service apply to your purchase of these services which you can review at our Terms of Service. In the event of a conflict between these Website Terms of Use and the Terms of Service with respect to the purchase, sale, or use of any of our products or services, the Terms of Service will prevail.

Ownership of the Site; License to use the Site

The Site, any content on the Site, and the infrastructure used to provide the Site are proprietary to us, our affiliates, merchants, and other content providers. By using the Site and thus accepting these Terms of Use: (a) PG grants you a limited, nontransferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and pursuant to any additional terms and policies set forth by PG; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Site without the express permission of PG.

Access to the Site

PG retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason or no reason. Although we use reasonable efforts to keep the Site and your account accessible, the Site and/or your enrollment may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access, or access to your enrollment due to circumstances both within our control (e.g., routine maintenance) and outside of our control. By way of example only, you agree that PG may not be available on your mobile device and that, if you use a mobile device to try to access PG, you are subject to the terms of your agreement with your mobile carrier and may incur charges from your mobile carrier, which are solely your responsibility. You agree that PG will not be liable to you or to any third party for any inability of you to access PG or for any modification, suspension, or discontinuance of the Site or the services offered through it.

Use of the Site

As conditions of your use of the Site, and in addition to other conditions set forth in these Terms of Use, you agree that:

(i) You are of sufficient age, and are legally authorized, to register and use this Site, and to use PG’s products and services, as specified in these Terms of Use;

(ii) You are able to create a binding legal obligation;

(iii) You are not barred from receiving products or services under applicable law;

(iv) You will not attempt to use the Site with crawlers, robots, data mining, or extraction tools or any other functionality;

(v) Your use of the Site will at all times comply with these Terms of Use and be for your own use and not for any resale;

(vi) You will use the Site only for legitimate transactions that comply with the letter and spirit of the terms of the respective offers;

(vii) You will unot attempt to transfer your access to the Site to another person or allow another person to use your account;

(viii) You will use the Site only within the United States, its territories, and possessions and not from outside these locations;

(ix) You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current, and complete;

(x) You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information will invalidate your enrollment); and,

(xi) You will only make purchases, receive benefits, or otherwise participate in programs through the Site by enrolling on the Site. Separate Terms of Service apply.

Additional Conditions of Use

User Conduct

You are solely responsible for all images, information, text, photographs, graphics, messages, or other materials (“content”) that you upload, post, publish, or display (hereinafter, “upload”) or email or otherwise use via the Site. The following are examples of the kind of content and/or use that is illegal or prohibited by PG. You agree not to use the Site or the services offered through the Site to:

(i) email or otherwise upload any content that (A) infringes any intellectual property or other proprietary rights of any party; (B) you do not have a right to upload under any law or under contractual or fiduciary relationships; (C) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (D) poses or creates a privacy or security risk to any person; (E) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (F) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (G) in the sole judgment of PG, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose PG or its users to any harm or liability of any type;

(ii) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;

(iii) violate any applicable local, state, federal, or international law, or any regulations having the force of law;

(iv) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(v) solicit personal information from anyone under the age of 18;

(vi) harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

(vii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

(viii) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site.

PG reserves the right to investigate and take appropriate legal action against anyone who, in PG’s sole discretion, violates this provision, including without limitation, removing the offending content from the Site, suspending, or terminating the enrollment of such violator(s) and reporting the violator(s) to law enforcement. Nothing contained in PG’s Terms limits the actions that PG or its suppliers may take or remedies available in any way. Certain violations may subject you to civil and/or criminal liability. Non-enforcement of these Terms does not constitute a waiver in any way and PG reserves the right to enforce these Terms at its sole discretion.

If your account is terminated for any reason or no reason, you agree: (a) to continue to be bound by PG’s Terms; (b) to immediately stop using the Site; (c) that we reserve the right but have no obligation to delete your information and account data stored on our servers; and (d) that we are not liable to you or to any third party for termination of your access to the Site or deletion of your information or account data.

User Content

With respect to the content or other materials you upload through the Site or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title, and interest in and to such User Content, including, without limitation, all copyrights, and you grant PG and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Site or services offered through the Site or the promotion, advertising, or marketing thereof, in any form, medium, or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site (“Submissions”), provided by you to PG are non-confidential, and PG is entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that PG may preserve content and may also disclose 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 of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of PG, its users, and the public. You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Third Party Material

Under no circumstances will PG be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that PG does not pre-screen content, but that PG and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Site. Without limiting the foregoing, PG and its designees have the right to remove any content that violates these Terms of Use or is deemed by PG, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Third Party Websites

The Site may provide, or third parties may provide, links or other access to other sites and resources on the Internet. PG has no control over such sites and resources and PG is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that PG is not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such site or resource.  Any dealings you have with third parties found while using the Site are between you and the third party, and you agree that PG is not liable for any loss or claim that you may have against any such third party.

Intellectual Property Rights

Service Content, Software and Trademarks

You acknowledge and agree that the Site may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by PG, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Site or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined above) that you legally upload to the Site. In connection with your use of the Site, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Site or distributed in connection therewith are the property of PG, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by PG.

The PG name and logos are trademarks and service marks of PG (collectively the “PG Trademarks”). Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to PG. Nothing in these Terms of Use or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of PG Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of PG Trademarks will inure to our exclusive benefit.

Copyright Complaints

PG respects the intellectual property of others, and we ask our users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify PG of your infringement claim in accordance with the procedure set forth below.

PG will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to PG’s Copyright Agent at corp@perfectgift.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail 495 Mansfield Ave., Pittsburgh, PA 15205, 866-739-4914.

To be effective, the notification must be in writing and contain the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;

(iv) your address, telephone number, and email address;

(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

(vi) 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.

If you believe your User Content, which has been removed (or to which access has been disabled), is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

(i) your physical or electronic signature;

(ii) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

(iii) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

(iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Western District of Pennsylvania and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, PG will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

In accordance with the DMCA and other applicable law, PG has adopted a policy of terminating, in appropriate circumstances and at PG's sole discretion, users who are deemed to be repeat infringers. PG may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Software Applications: Special Export Control Notice

Software (defined above) available in connection with the Site and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Site, including as it concerns online conduct and acceptable content.  

Indemnity and Release

You agree to release, indemnify, and hold PG, merchants, payment processors, payment card networks, financial institutions, platform and other service providers that PG utilizes in order to provide you with PG services, advertising partners (collectively, “Affiliates”), and their officers, employees, directors, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Site, any User Content, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties & Limitation of Liability

THIS SECTION APPLIES TO YOUR USE OF THIS SITE. YOUR USE OF ANY PG SERVICE, EVEN IF ACCESSED THROUGH THIS SITE, IS GOVERNED BY THE PG AGREEMENT OR TERMS AND CONDITIONS APPLICABLE TO THE PRODUCT OR SERVICE SUCH AS OUR MOBILE APP END USER LICENSE AGREEMENT OR OUR TERMS OF SERVICE.

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PG MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PG AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL PG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PG IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

Arbitration

At PG’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Use or the Site that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Pittsburgh, Pennsylvania before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on damages set forth in these Terms of Use and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms of Use, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

General

These Terms of Use govern your use of the Site and, together with any terms that govern specific services you use through the Site, constitute the entire agreement between you and PG, superseding any prior agreements between you and PG with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use Affiliate or third party services, third party content, or third party software. These Terms of Use will be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and PG agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Allegheny County, Pennsylvania. The failure of PG to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Use without the prior written consent of PG, but PG may assign or transfer these Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Site may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Site.

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