GiftCertificatesAndMore.com is an online service, owned and operated by Gift Certificates and More, LLC, that provides content and transaction capabilities that facilitate the promotional offerings of third-party merchants.
This agreement sets forth the terms and conditions that apply to the use of this Site and App by the User. User agrees to comply with all of the terms and conditions hereof. The right to use this Site and App is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Gift Certificates And More, LLC, and Gift Certificates And More, LLC shall not be responsible for any data lost while transmitting information on the Internet. While it is our objective is to make the Site and App accessible 24 hours per day, 7 days per week, the Site and App may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Gift Certificates And More, LLC, access to the Site and App may be interrupted, suspended or terminated from time to time. We shall have the right at any time to change or discontinue any aspect or feature of the Site and App, including, but not limited to, content, hours of availability and equipment needed for access or use.
Gift Certificates and More, LLC solely and exclusively owns all intellectual property and other rights, title and interest in and to the Gift Certificates And More, LLC Service, Site and App, except as expressly provided for in these terms. For example and without limitation, Gift Certificates And More, LLC owns the copyrights in and to the Site, App and certain technology used in providing the Gift Certificates And More Site and App Services. You will not acquire any right, title or interest therein under these terms or otherwise.
Gift Certificates And More, LLC grants you a limited revocable license to access and use the Site and App and the Service for its intended purposes, subject to your compliance with these terms. This license does not include the right to collect or use information contained on the Site and App for purposes prohibited by Gift Certificates And More, LLC; to compete with Gift Certificates And More, LLC; create derivative works based on the content of the Site and App; or download or copy the Site and App (other than page caching). If you use the Site or App in a manner that exceeds the scope of this license or breach these terms, Gift Certificates And More, LLC may revoke the license granted to you. Copying, distributing, transmitting, posting, linking, or modifying the site without permission is prohibited. Violation of this policy may result in infringement and subject user to civil or criminal penalties.
Electronic Communications. When you visit the Website or download our App or send e-mail to us, you are communicating with us electronically, and are thereby consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone, SMS, text, emails or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Use of Credit Card. If you wish to purchase a monthly membership, annual membership or GCM Golf membership, products or services described in this Site or our App, 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 making any such purchase, you agree to pay all charges (including shipping and handling charges) incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You are responsible for paying any taxes applicable to such purchase.
Right of Refusal. Gift Certificates And More, LLC reserves the right to refuse any member and/or order for any reason. Monthly memberships , annual memberships or GCM Golf memberships and/or orders may be delayed or canceled if Gift Certificates and More, LLC is not given completely accurate information and/or is unable to contact the person who has placed the order and/or is the primary cardholder for the order.
5.Disclaimers and Exclusions
DISCLAIMER OF WARRANTIES. Gift Certificates and More, LLC PROVIDES THE WEB SITE, THE APPLICATIONS AND SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. Gift Certificates and More, LLC DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, GiftCertificatesandmore.com, or Applications SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE, OR (V) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE. Gift Certificates and More, LLC MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. EXCLUSION OF DAMAGES. Gift Certificates and More, LLC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE Gift Certificates and More, LLC SERVICE AND/OR THE WEBSITE OR APPLICATIONS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.Limitation of Liability
LIMITATION OF LIABILITY. IN NO EVENT WILL THE LIABILITY OF Gift Certificates And More, LLC IN CONNECTION WITH THESE TOS OR THE SERVICE EXCEED THE AMOUNT PAID BY YOU TO Gift Certificates And More, LLC DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY. CERTAIN JURISDICTIONS 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 MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold harmless Gift Certificates and more, LLC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Web Site, Applications and/or the Service.
To the extent permitted under applicable laws, End User hereby releases Gift Certificates and More, LLC from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Voucher. In connection with the foregoing release, the User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "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."
We may suspend or terminate your use of the Web Site, GiftCertificatesandmore.com, or Applications Service if we believe, in our sole and absolute discretion, that you have breached a term of this agreement.
All notices required or permitted to be given under these terms will be in writing and delivered to the other party by any of the following methods: (i) government mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Gift Certificates And More, LLC, you must use the address located in the "Contact Us" portion of the Web Site. If Gift Certificates and More, LLC provides notice to you, we will use the contact information provided by you to GiftCertificatesandmore.com or Applications. All notices will be deemed received as follows: (i) if by delivery by government mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
These terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Florida without reference to conflict of law principles, and in the event of a dispute the parties agree to the exclusive jurisdiction of the courts located in Gainesville, Florida. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the Gift Certificates and More, LLC Service must be asserted individually. Notwithstanding anything to the contrary in this Section 10, we may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
The headings provided in this agreement are provided for convenience only. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. These terms (including all of the policies and other Agreements described, which are hereby incorporated by reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. These terms will not be assignable or transferable by you without the prior written consent of Gift Certificates and More, LLC.
All questions should be directed to one of our Contact forms linked at the bottom of every page of the site.
II. TERMS OF SALE
By becoming a monthly member, annual member or member of GCM Golf of Gift Certificates And More, LLC you make an offer to purchase or receive a discount on the stated terms and conditions below. The monthly membership or annual membership that you purchased allows you to have access to vouchers, coupons and/or gift certificates that are redeemable for discounts for goods and services from the participating merchant. Each deal will have specific terms and restrictions associated with the particular voucher, coupon, or/and gift certificate on behalf of third-party merchants. Any terms specific to a particular deal will be presented on the deal and will appear on the “fine print” portion of the deal and will be stated on the voucher, coupon and/or Gift Certificate. All deals start on the first day of the month and end on the last day of the month. For example, a deal that runs the month of March start on March 1st and is valid until midnight of March 31th. If you are unsure of any terms, please contact support@GiftCertificatesandmore.com prior to making your purchase. Unless prohibited by applicable law all deal specific terms will supersede any inconsistent terms contained in this Agreement. Unless otherwise stated on a particular voucher, coupon, gift certificate or required by applicable law the following terms shall apply to all vouchers, coupons and/or gift certificates:
It is the Merchant's responsibility to honor the voucher, coupon and /or gift certificate in compliance with applicable law. As issuer of the Voucher, coupon and gift certificate, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers.