Go In Gifts Terms of Service Agreement & Privacy Statement

1. ACCEPTANCE OF TERMS

GO IN GIFTS, LLC provides its service (GO IN GIFTS) to you, subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you. You may request a copy of the most current version of the TOS at any time by emailing us at info@goingifts.com. By accessing or using this site, you acknowledge and agree to the disclaimers, terms and conditions that may be posted from time to time. All such disclaimers, terms and conditions are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF GO IN GIFTS

GO IN GIFTS provides a quick and easy means for groups of people – each with different schedules, geographies and priorities – to come together to give a group gift to a friend. Group gift organizers can come to the GO IN GIFTS website and fill out a questionnaire of gift details including recipient, gift choice, suggested go-in amount, delivery method and send date. We’ll set up a customized gift details page for you that is accessible by all of those you invite to go-in on the gift. At their own convenience, all others in the group can visit the gift details page and pay online for their share of the group gift. On the send date, GO IN GIFTS will buy and ship the gift! For more information, please see http://www.goingifts.com.

3. PAYMENT PROCESSING INFORMATION

GO IN GIFTS is a personal shopping service. Our SERVICE is employed by multiple, individual members of a group to organize, shop for, purchase and deliver a single gift on behalf of the entire group. Each individual member pays independently for their share in the purchase of a group gift. Upon the completion of their transaction, each individual member will get an electronic receipt from GO IN GIFTS indicating that their share in the purchase of the group gift has been successfully purchased. On the date specified, the group gift will be delivered to its intended recipient. GO IN GIFTS will not fulfill group gifts with a total value of more than $800.

If you wish to purchase the SERVICE described in this site, you may be asked to supply certain information, including credit card or other payment information. By providing such information, you represent and warrant that it is accurate, complete, and current.

By purchasing the SERVICE, you agree to pay all charges incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. Charges may include a processing fee for the fulfillment of the SERVICE, including USPS shipping, packaging, customer service, etc. If you request expedited shipping of the gift by FedEx®, additional shipping and handling charges may also apply.

4. FURTHER SERVICE UNDERSTANDINGS

Unless explicitly stated otherwise, any new features that augment or enhance the Service, shall be subject to the TOS. You understand and agree that the Service is provided AS-IS and that GO IN GIFTS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

GO IN GIFTS integrates its services with third party gift certificate or gift card merchants. To the extent that the SERVICE is rendered in conjunction with any other provider of services, the user of the SERVICE hereunder does so in conjunction with the services of another service provider, such user will be subject to the other service provider's terms of service, and neither GO IN GIFTS or the other service provider will be considered the agent or employee of the other, and neither will be responsible in any way for the actions or performance (or lack thereof) of the other. The terms of this TOS shall not in any way supersede the terms of any other service provider, nor shall the terms of service of any other service provider supersede the terms of this TOS with respect to the SERVICE.

Once a gift certificate or gift card is purchased, GO IN GIFTS releases all liability and all merchant terms and conditions apply. GO IN GIFTS is not responsible or liable for any restrictions on a merchant’s gift certificate or gift card, or for any products or services rendered by the selected merchant. GO IN GIFTS is not responsible for merchants that go out of business or that change their location(s). GO IN GIFTS reserves the right to make changes in the list of participating merchants and does not guarantee that a specific merchant will be available at all times.

GO IN GIFTS is not responsible for loss or damage resulting from lost or stolen cards and disclaim use with or without your permission. GO IN GIFTS will not replace a gift certificate or a gift card that has been lost or stolen. If an order has not arrived at the customer's shipping location within 13 days of the shipment date, GO IN GIFTS may cancel and replace such order, provided the holder submits to GO IN GIFTS a properly completed Affidavit of Claimant/Lost Certificate within 60 days of the shipment date. Upon receipt of such affidavit and provided a balance remains on the certificate(s) or card(s) from such order, GO IN GIFTS will initiate a review process. The certificate may or may not be replaced, depending upon the outcome of such review. GiftCertificates.com will not replace any lost or stolen certificates if the Affidavit of Claimant/Lost Certificate was not received within the 60-day period. To initiate the investigation, the customer should email info@goingifts.com.

You are solely responsible for your interactions with other users of the SERVICE or its websites (including within distinct social networks). GO IN GIFTS reserves the right, but has no obligation, to monitor disputes between you and other users.

5. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service registration form (such information being the Registration Data) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GO IN GIFTS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GO IN GIFTS has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). GO IN GIFTS is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 16 years of age to register for an account. If you are under the age of 18, you hereby represent that you are using the Service with the consent of your parent or guardian (Guardian), and that said Guardian is at least 18 years old, is the legal Guardian of the person listed on the GO IN GIFTS account, and that said Guardian has expressly given permission to access the Service.

6. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will create a password and account during the Service registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GO IN GIFTS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GO IN GIFTS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

7. MEMBER CONDUCT

In using the GO IN GIFTS Services, you understand that you are liable for all information, in whatever form, (Information) you make available to your customers. You agree not to use the Service to:

1. upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

2. harm minors in any way;

3. Impersonate any person or entity, including, but not limited to, a GO IN GIFTS official, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service;

5. upload, post, email, transmit or otherwise make available any Information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6. upload, post, email, transmit or otherwise make available any Information that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;

7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;

8. upload, post, email, transmit or otherwise make available any material that 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;

9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or

11. stalk or otherwise harass another.

You acknowledge that GO IN GIFTS does not pre-screen any Content working in coordination with the Service, but that GO IN GIFTS and its designees shall have the right (but not the obligation) in their sole discretion to rescind use of the Service. You acknowledge and agree that GO IN GIFTS may preserve Information and may also disclose 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; (b) enforce the TOS; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GO IN GIFTS, its users and/or the public. You understand that the technical processing and transmission of the Service, including your Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

9. INDEMNITY

You agree to indemnify and hold GO IN GIFTS, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Information you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.

10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, other than as provided within the scope of the Service.

11. MODIFICATIONS TO SERVICE

GO IN GIFTS reserves 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. GO IN GIFTS will not be responsible to you for refund, in whole or part, of service fees for any reason. You agree that GO IN GIFTS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. TERMINATION

You agree that GO IN GIFTS, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Information within the Service, for any reason, including, without limitation, for lack of use, failure to timely pay any fees or other moneys due GO IN GIFTS, or if GO IN GIFTS believes that you have violated or acted inconsistently with the letter or spirit of the TOS. GO IN GIFTS may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that GO IN GIFTS may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that GO IN GIFTS shall not be liable to you or any third-party for any termination of your access to the Service.

13. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because GO IN GIFTS has no control over such sites and resources, you acknowledge and agree that GO IN GIFTS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GO IN GIFTS shall 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 such content, goods or services available on or through any such site or resource.

14. GO IN GIFTS'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by GO IN GIFTS, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. GO IN GIFTS grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Services by any means other than through the interface that is provided by GO IN GIFTS for use in accessing the Service.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. GO IN GIFTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. GO IN GIFTS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GO IN GIFTS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GO IN GIFTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GO IN GIFTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

17. EXCLUSIONS AND LIMITATIONS

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 OF THE TOS SECTIONS MAY NOT APPLY TO YOU.

18. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. Our mailing address is Go In Gifts, LLC, 8201 Peters Road, Suite 1000, Plantation, FL 33324, USA.

19. TRADEMARK INFORMATION

GO IN GIFTS, trademarks and service marks, and other GO IN GIFTS logos and product and service names are owned by and /or trademarks of GO IN GIFTS (the GO IN GIFTS Marks). Without GO IN GIFTS's prior permission, you agree not to display or use in any manner, the GO IN GIFTS Marks.

20. GENERAL INFORMATION

A. Entire Agreement. The TOS constitutes the entire agreement between you and GO IN GIFTS and governs your use of the Service, superseding any prior agreements between you and GO IN GIFTS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Information or third-party software.

B. Choice of Law. The TOS and the provision of Service to you are governed by the laws of the state of Florida, U.S.A as such laws are applied to agreements entered into and to be performed entirely within Florida by Florida residents.

C. Arbitration. Any controversy or claim arising out of or relating to the TOS or the provision of Service shall be finally settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Ft. Lauderdale, Florida, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and GO IN GIFTS agree to submit to the personal jurisdiction of the courts located within Broward County, Florida. Either you or GO IN GIFTS may seek any interim or preliminary relief from a court of competent jurisdiction in Broward County, Florida necessary to protect the rights or property of you or GO IN GIFTS (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

D. Invalid Provisions. The failure of GO IN GIFTS to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

E. Time to File Claim. 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

F. Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.

21. VIOLATIONS

Please report any violations of the TOS here.

22. GO IN GIFTS PRIVACY POLICY

Information Collection and Use

GO IN GIFTS will not contact you or your gift group with third party advertising or promotion without your explicit permission. We strongly value this relationship and do not want to compromise this in any way.

GO IN GIFTS will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. GO IN GIFTS collects information from our users at several different points on our web site.

Registration

In order to use this web site, a GO IN GIFTS Gift Organizer must first complete the registration form. During registration an Gift Organizer is required to give its contact information (such as email address). Any information provided is to improve the experience to our customers and no information is used for any promotional or advertising purpose.

Cookies

A cookie is a piece of data stored on the user's hard drive containing information about the Gift Organizer. By setting a cookie on our site, the user would not have to log in a password more than once, thereby saving time while on our site. We use cookies for the convenience of our Gift Organizers and do not use them for any targeted/tracking advertising purposes.

Log Files

We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Sharing

We do not share any individual Gift Organizer or attendee information for the purposes of advertising or marketing.

When you place an order for a gift certificate or gift card from one of our merchant partners, we provide the necessary information required to process the gift certificate or gift card, which includes the recipient’s name, email or shipping address.

We occasionally provide aggregate information regarding the use of our sites to partners, but these statistics never include personally identifying information.

Links

This web site contains links to other sites. Please be aware that we, GO IN GIFTS, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by GO IN GIFTS at this Web site.

Promotional Materials

Go In Gifts provides you with the opportunity to “opt-out” of receiving promotional information from us during the checkout process. If you do not choose the Opt-Out feature during the checkout process, you may still opt-out at any time. Just email us at info@goingifts.com and inform us that you would like to opt-out of receiving our promotional materials.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the Gift Organizer therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

Security

This web site takes every precaution to protect our users' information. When users submit sensitive information via the web site, your information is protected both online and off-line. We encrypt all passwords and other sensitive information in our database. We also protect user-information off-line. All of our Gift Organizers' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. If you have any questions about the security at our web site, you can contact us here.

Site and Service Updates

We also send the Gift Organizers site and service announcement updates. Gift Organizers are not able to un-subscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.

Correction/Updating Account Information

If an Gift Organizer's identifiable information changes (such as your e-mail), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that personal data provided to us. This can usually be done at account page or by contacting our Customer Support here.

Notification of Changes

If we decide to change our privacy policy, we will post those changes on our web site so our Gift Organizers are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.