Terms of Service Agreement
1. Service and Technology Use
Giftcaddie.com is an online information service subject to your compliance with the terms and conditions set forth below.
Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site.
For as long as Gift Caddie continues to offer the Services, Gift Caddie shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Gift Caddie as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement.
You assume total responsibility and risk for your use of the site and the internet. Gift Caddie provides the site and related information ‘as is’. We may modify, replace, refuse access to, suspend or discontinue Gift Caddie, partially or entirely, at our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
Gift Caddie reserves the right, but does not assume the responsibility, to monitor or review your conduct on the Gift Caddie Site.
Gift Caddie further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Gift Caddie to be contrary to this Agreement.
An account may be classified "dormant" when no new items have been posted within any one year period. Dormant accounts may be closed.
Gift Caddie does not sell or rent any of your personal information to third parties for their marketing purposes.
You are solely responsible for your interactions with other Users. Gift Caddie may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services.
By submitting and/or posting Content to the website, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Gift Caddie.
All content posted by you is your sole responsibility. Under no circumstances will Gift Caddie be liable in any way for any Content posted by any user or third party, including, but not limited to, liability 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 Content posted via the Service.
In using Giftcaddie.com you agree not to:
Violate any laws, third party rights or our policies. Post false, inaccurate, misleading, defamatory, or libelous content (including personal information). Distribute or post SPAM, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes. Collect information about Users, including email addresses, names, listings, etc. without their consent.
Register accounts in a name other than your own. Fictitious or real is expressly prohibited and constitutes fraud and may give rise to criminal prosecution and substantial damages. Exceptions to this policy are parents or legal guardians of children who register accounts on behalf of children legally entrusted in their care.
Transfer your account to another person or group. Accounts are not transferable. Post illegal items or infringe any intellectual property rights, including but not limited to copyrights, trademarks, and patents. Post any items of a sexually explicit, pornographic, or obscene nature. Post any items in violation of the laws or regulations of any state, city, county, parish, township, municipality, federal agency, or other governmental entity.
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Gift Caddie (excluding content posted by you) except as permitted in this Agreement.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof.
Utilize information, content or any data you view on and/or obtain from Gift Caddie to provide any service that is competitive, in Gift Caddie’s sole discretion.
Imply or state, directly or indirectly, that you are affiliated with or endorsed by Gift Caddie unless you have entered into a written agreement with Gift Caddie.
Adapt, modify or create derivative works based on Gift Caddie or technology underlying the Services, or other Users’ content, in whole or part, except as expressed authorized in writing by Gift Caddie.
Rent, lease, loan, trade, sell/re-sell access to Gift Caddie or any information therein, or the equivalent, in whole or part.
Deep-link to the Site for any purpose, (i.e. including a link to a Gift Caddie web page other than Gift Caddie’s home page) unless expressly authorized in writing by Gift Caddie.
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site.
Use bots or other automated methods to add or download contacts, send or redirect messages or other permitted activities other than through Gift Caddie sanctioned tools such as its application programming interfaces or its own services or integrations with other, partner services.
Access, via automated or manual means or processes, Gift Caddie for purposes of monitoring its availability, performance or functionality or for any competitive purpose.
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Gift Caddie’s website.
Attempt to or actually access Gift Caddie by any means other than through the interfaces provided by Gift Caddie.
Attempt to or actually override any security component included in or underlying Gift Caddie.
Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Users or Gift Caddie personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses.
Remove any copyright, trademark or other proprietary rights notices contained in or on Gift Caddie, including those of both Gift Caddie and any of its licensors.
Remove, cover or otherwise obscure any form of advertisement included on Gift Caddie.
Harass, bully, abuse or harm another person, including sending unwelcome communications to others using Gift Caddie.
Collect, harvest, use or transfer any information, including but not limited to, personally identifiable information obtained from Gift Caddie except as expressly permitted in this Agreement or as the owner of such information may expressly permit.
Share information of non-Users without their express consent.
Interfere with or disrupt Gift Caddie, including but not limited to any servers or networks connected to Gift Caddie.
Infringe or use Gift Caddie’s brand, logos and/or trademarks, including, without limitation, using the word “Gift Caddie” in any business name, email, or URL or including Gift Caddie’s trademarks and logos except as provided in the Terms of Service Agreement or as expressly permitted by Gift Caddie.
Infringe upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
Include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships.
Engage in multi-leveling marketing, including any unsolicited or unauthorized advertising, promotional materials, contests, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Upload or transmit software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Gift Caddie or any User of Gift Caddie;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services.
Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to Gift Caddie.
Use Gift Caddie if you are under 13 years old.
Engage in any other conduct which, in Gift Caddie’s sole discretion, is considered inappropriate, unauthorized or objectionable use of Service.
You understand that Gift Caddie cannot review all items posted to the Site. You agree to agree to indemnify and hold Gift Caddie and its officers, directors, employees, agents, licensors, suppliers and any third party information providers harmless for any violations of law or regulation that arise in connection with the posting to your account of items resulting in civil or criminal liability, including reasonable attorneys' fees.
You agree to indemnify, defend and hold harmless Gift Caddie, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you or any other person accessing the Service and/ or any breach of your representations, warranties and obligations set forth above and/or if any content that you post on the sites or through the sites causes Gift Caddie to be liable to another.
1. Affiliates Issues & Third Party Sites
Websites that are accessible via links included within Giftcaddie.com are independent websites and not under Gift Caddie’s control. Gift Caddie shall not be responsible for the content, products or services of any linked website. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such merchants, retailers and/or individuals. Gift Caddie is under no obligation to become involved in disputes between participants on the Giftcaddie.com, or between participants on the Giftcaddie.com and any third party. You are advised to read the policies and procedures of the owner(s) of such websites.
1. Email and Mobile Use
You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your Gift Caddie account to another party; and (5) refrain from charging anyone for access to any portion of Gift Caddie, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
Notifications and Service Messages. For purposes of service messages and notices about the Services to you, notice shall consist of an email from Gift Caddie to an email address associated with your account, even if we have other contact information. You also agree that Gift Caddie may communicate with you through your Gift Caddie account or through other means including email, mobile number, telephone, or delivery services including the US Postal Service about your Gift Caddie account or services associated with Gift Caddie. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
If the email address you provide to us is a wireless email address, you agree to receive messages at such address from Gift Caddie. You understand that your wireless carrier's standard rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
5. Software Licenses
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by Giftcaddie.com, and any attempt at such sublicense, assignment or transfer is prohibited and an abuse of the Service. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from our Software and Service.
You also understand that Gift Caddie cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Gift Caddie is not responsible for any loss or damage, including personal injury or death, resulting from use of the sites, any content posted on or through the sites, or conduct of any Users of the sites, whether online or offline.
WE PROVIDE THE PLATFORM FOR GIFT CADDIE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. GIFTCADDIE.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON THIS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM USING THE WEBSITE. IF YOU ARE DISSATISFIED OR HARMED BY GIFT CADDIE OR ANYTHING RELATED TO GIFT CADDIE, YOU MAY CLOSE YOUR GIFT CADDIE ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
GIFT CADDIE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH GIFT CADDIE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY.
GIFTCADDIE.COM DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO GIFTCADDIE.COM FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. GIFTCADDIE.COM ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE GIFT CADDIE SERVICE.
GIFT CADDIE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, GIFT CADDIE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
GIFT CADDIE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. GIFT CADDIE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, GIFT CADDIE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE GIFT CADDIE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
7. Breach of Agreement
No informal waivers, agreements or representations. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Gift Caddie Affiliate shall be deemed legally binding on any Gift Caddie Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Gift Caddie.
User-to-User Communication and Sharing, User Generated Content
Gift Caddie offers various forums and blogs where you can post your observations and comments on designated topics. Gift Caddie also enables sharing of information by allowing Users to post updates, images, links to other websites, and other information. Ideas you post and information you share may be seen and used by other Users. Gift Caddie cannot guarantee that other Users will not use the ideas and information that you share on Gift Caddie. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Gift Caddie group or elsewhere on Gift Caddie. GIFT CADDIE IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY GIFT CADDIE COMMUNITY FORUMS SUCH AS THE GIFT CADDIE BLOG, that includes personal or identifying information about another person without that person's explicit consent.
You may terminate your participation in Giftcaddie.com with or without cause at any time and effective immediately. Gift Caddie may terminate the Giftcaddie.com Service or your use of the Service with or without cause at any time and effective immediately, at Gift Caddie's sole discretion, by immediate termination of your use of Giftcaddie.com should your conduct fail to conform to the terms and conditions of these Terms of Service Agreement. Gift Caddie shall not be liable to you or any third party for termination of Giftcaddie.com or termination of your use of the Gift Caddie Service. Should you object to any terms and conditions of the Terms of Service Agreement or any subsequent modifications Gift Caddie makes to the Terms of Service Agreement or become dissatisfied with the Gift Caddie Service in any way, your only recourse is to immediately: (1) discontinue use of the Gift Caddie Service; and (2) notify Gift Caddie of your termination and, at your discretion, notify Gift Caddie of the reasons for your termination. Upon termination of your use of the Gift Caddie Service, your right to use the Gift Caddie Service shall cease immediately. You shall have no right and Gift Caddie will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf.
Upon the termination of your Gift Caddie account, you lose access to the Services. In addition, Gift Caddie may block access to the Services from an IP address or range of IP addresses associated with those of terminated Users.
The provisions entitled "Disclaimer," "Legal Liability," "Limitation of Liability," "General Provisions," "Indemnity," "Trademarks" and "Copyright" will survive termination of this Agreement to use our website.
10. Legal Liability
Copyright, Licenses and Idea Submissions The entire contents of the Site are protected by U.S and international copyright and trademark laws. The owner of the copyrights and trademarks are Gift Caddie, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Gift Caddie a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as blogs, feedback, bulletin boards, forums and newsgroups) or by e-mail to Gift Caddie by all means and in any media now known or hereafter developed. You also grant to Gift Caddie the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Gift Caddie for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Gift Caddie.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered trademarks of Gift Caddie and others. Your misuse of the Trademarks displayed on this website, or any other Content on this website, except as provided herein, is strictly prohibited. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of Gift Caddie or such third party that may own the Trademarks displayed on this website.
Disclosure of User Information. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Gift Caddie, our Users or the public.
Connections and Interactions with other Users
Except for any Disputes relating to intellectual property rights, obligations or any infringement claims, any disputes with Gift Caddie arising out of or relating to the Agreement (“Disputes”) shall be governed by Illinois law regardless of your country of origin or where you access Gift Caddie, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.
Limitation of Liability
GIFT CADDIE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF GIFT CADDIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH GIFT CADDIE OR A THIRD PARTY THROUGH THE USE OF THE GIFT CADDIE SERVICE; (IV) OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT GIFT CADDIE IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE GIFT CADDIE SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.
11. General Provisions
These Terms of Service shall be governed by and construed in accordance with the laws of the state of Illinois, excluding its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of Illinois, provided, however, that Gift Caddie, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to these Terms of Service through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Urbana, Illinois, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Gift Caddie's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Gift Caddie in writing. User and Gift Caddie agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.