This Terms of Service is between you and the Gift a Career, Inc. (“GAC”), and governs your use of the Gift A Career site (“Site”).
By clicking the button below marked “I have read and agree to the website terms and conditions” or by using the Site, you agree to be bound by the terms of this Terms of Service (“TOS”). You further agree that your use of the Site shall be subject to and governed by any usage requirements established from time to time by GAC and the Usage Rules set forth in the Site Store for which you downloaded the Site, provided that such terms are consistent with this TOS.
You agree to use the Site only in accordance with the foregoing requirements. Your use of the Site will be subject to this TOS.
Subject to this TOS, GAC grants you a non-transferable, non-exclusive, non-assignable limited license (without right of sublicense) to install and use one copy of the Site on your device in machine executable object code form, for the sole and limited purpose of your personal use. This App is licensed, not sold, to you under this TOS. You have no ownership rights in, or related to, the software, any services or functionality provided by the Site (“Services”) or any related documentation. GAC retains all right, title, and interest in and to the original, and any copies, of the Site and Services (including any changes, modifications, or corrections thereto) and any related documentation.
Third Party Materials and Links
YOU AGREE THAT GAC WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, MATERIALS, GOODS OR SERVICES PROVIDED BY THIRD PARTIES, INCLUDING THIRD PARTIES LINKED THROUGH THIS SITE.
If you choose to enable Location Services for this Site, the Site may make use of the location data sent from your device to provide you with more geographically relevant content and Services. You can turn off this functionality at any time by disabling Location Services in the settings for the Site on your device. If you enable Location Services, you consent to our transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based Services for the Site. You may withdraw this consent at any time by disabling the Location Services functionality in the settings for the Site on your device. Some features and functionality may not be available if Location Services are disabled.
Content, Copyrights, Trademarks, and Other Restrictions
The rights granted by this TOS are limited. You may not assign this TOS or any of the rights or licenses granted under this TOS or sell, rent, lease, license, sublicense, distribute, transfer lend or otherwise grant any right in the Site to any person or entity in whole or in part. Any attempted sublicense, transfer, or assignment in violation of this TOS is void and terminates this TOS.
You may not copy, reproduce, port, translate modify, distribute, scrape, create derivative works based on the Site or Services or in any other manner duplicate the Site or Services, on whole or in part; decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms, of the Site or Services by any means; remove any proprietary notices, labels or marks from the Site or Service; or knowingly take any action that would cause the Site or Services to be placed in the public domain.
The Site and the content made available by GAC through the Services (the “Content”), including without limitation, text, graphics, legends, customized graphics, original photographs, data, images, typefaces, titles, button icons, logos, designs, words or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of this material, are protected under United States and international copyright laws, are subject to other intellectual property and proprietary rights and laws, and are owned by GAC and/or its licensors and suppliers.
Except as provided herein or as permitted by law, you may not upload, post, reproduce, copy, modify, publish, transmit, sell, offer for sale, or redistribute the Site or the Content in any way without the prior written permission of the owner of the copyright or other proprietary right. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content. No title, rights, or interests in any downloaded materials from this site are afforded to you as a result of such downloading for personal, noncommercial use.
You acknowledge that the Site contains proprietary trade secrets as well as patented inventions and patent pending technologies owned by GAC and/or its licensors and suppliers. You agree not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Site by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.
The names, logos, and materials displayed in the Site constitute trademarks, trade names, service marks or logos (“Trademarks”) of GAC or other entities. Ownership of all Trademarks and the goodwill associated therewith remains with GAC or those other entities. Third-Party Trademarks contained in or used by the Site or Services are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner. The use of such third-party Trademarks does not constitute: (i) an affiliation by Company and its licensors with such company, or (ii) an endorsement or approval of such third-party companies and its licensors and its products or services.
Changes and Updates to the Site or Services and Compatibility
GAC will have no obligation to provide the Site or the Services, may change the form and nature of the Site or Services at any time with or without notice to you, and may cease providing the Site or Services at any time with or without notice to you.
GAC may choose to provide updates to the Site from time to time in its sole discretion. To the extent that you choose to download or use any such updates to the Site, you acknowledge that you will be bound by the version of this TOS which is applicable as of the time you download and use any such update to the Site.
GAC does not represent or warrant that any version of the Site will be compatible with any hardware or software versions or applications (including any future versions or updates of your phone, tablet, computer or its operating system) or provide the same functionality that is provided by the current version of the Site. The Site may not be compatible with your hardware or software versions or applications (including any specific versions of your phone, tablet, computer, or its specific operating system). GAC does not undertake any obligation to provide the Site to you in a way that is compatible with your hardware or software.
United States Only Restriction
The Site and the Services, including the information pertaining to GAC, is intended for use only by residents of the United States. It may not comply with legal requirements of foreign countries. Other countries may have laws or regulatory requirements that differ from those in the U.S. Any portion of the Site, the Services or any product or service is void where and to the extent prohibited by law.
Please note that certain information will be collected automatically by the Site. By using the Site, you agree to the collection, retention and processing of all data collected automatically by the Site or input by you into the Site. This information may include the physical location of your DEVICE.
You agree to use the Site only for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the Site or Services in any way. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the Site will not be tolerated, including by means of hacking or defacing any portion of the Site, or by engaging in spamming, flooding, or other disruptive activities. You are strictly prohibited from communicating on or through the Site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, homophobic, racially, ethnically, or otherwise objectionable material of any sort, 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.
We reserve the right to terminate or suspend this TOS without notice, if we believe, in our sole discretion, that your actions are in violation of any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third party partners, affiliates, sponsors, providers, licensors, or merchants.
Access to the Site and Wireless Carrier Charges
You acknowledge that by using the internet to use the Site or Services, you may incur charges from your wireless carrier, internet service provider or other method of internet access, and that payment of any such charges will be your sole responsibility. You agree that your use of the Site or Services will be in accordance with all requirements of your wireless carrier, internet service provider and other method of internet access. GAC does not control wireless or internet access. Your use of these networks may not be secure and may expose your personal information sent over such networks.
Disclaimer of Warranty
THE SITE AND SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND SERVICES IS WITH YOU. SHOULD THEAPP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR.
ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE ARE DISCLAIMED.
GAC AND ITS SUPPLIERS MAKE NO GUARANTEES AND DISCLAIM ANY IMPLIED WARRANTY OR REPRESENTATION ABOUT THE SITE’S ACCURACY, RELEVANCE, TIMELINESS, OR COMPLETENESS. THEY DO NOT WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS IN ANY RESPECT OR BE AVAILABLE AT ALL TIMES, OR THAT THE OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE SITE OR SERVICES OR NONCONFORMITY TO ITS OR THEIR DOCUMENTATION CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO GAC TO GRANT THE LICENSE CONTAINED IN THIS TOS AND TO PROVIDE YOU WITH ACCESS TO THE SERVICES.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT AND REGARDLESS OF THE FORM OF ACTION WILL GAC OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUE, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TOS, YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, OR YOUR USE OF OR RELIANCE ON ANY DATA YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, EVEN IF GAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 above limitations and disclaimers may not apply to you. To the extent that GAC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of GAC liability will be equal to the amount the user paid for the Site or the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless GAC, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, from your use of the Site or Services or resulting from any violation by you of this TOS, to the fullest extent allowed by law.
This TOS is effective until it is terminated. You may terminate this TOS at any time by destroying all copies of the Site and related documentation under your control. All license rights granted to you will immediately terminate if you violate any of the terms of this TOS, but all other provisions of this TOS will survive such termination.
This TOS is the entire agreement between you and GAC with respect to, and supersedes any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the Site) concerning the subject matter of this TOS. In no event will any additional or inconsistent term in any purchase order or similar document submitted by you modify the terms of this TOS.
This TOS is governed by the laws of the Commonwealth of Virginia, as such laws apply to contracts between Virginia residents entered into and performed entirely in the Virginia, notwithstanding your place of residency or Virginia conflicts of law provisions. This TOS will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.
If any provision of this TOS is found to be invalid or unenforceable, it will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of this TOS will remain in full force and effect.
Failure by GAC to prosecute any right with respect to a default hereunder will not constitute a waiver by GAC of the right to enforce rights with respect to the same or any other breach.
You may contact us at: firstname.lastname@example.org