Effective as of: November 1, 2023
This TERMS OF USE agreement is a legal agreement between you and FL33T LLC (“Company,” “we,” or “us”). The following TERMS OF USE (“TERMS” or “Agreement”), together with any documents they expressly incorporate by reference, outline and govern your access to and use of the Company’s mobile application (“GIFTID”) and the Company’s website located at www.giftidapp.com (the “Website”) and any content, functionality, and services (collectively, the “Services”) offered or available on or through GIFTID and the Website.
Please read the TERMS carefully before you use the Services. By downloading the GIFTID mobile application, accessing the Website, or using any of the Services enabled by GIFTID or the Website, you acknowledge that you have read, understood, and agree to be bound and abide by the TERMS (including any additional guidelines and future modifications) and the Company's PRIVACY POLICY, which is incorporated herein by reference and can be found at www.giftidapp.com/PRIVACY-POLICY/. If you do not agree to the TERMS or PRIVACY POLICY, you must not access or use the Services and must immediately terminate your access or use of the Services.
The Services are intended and available to users who are 18 years of age or older. No one under 18 years of age is allowed to access or use the Services. In the event that the information you provide in this regard is not truthful, the Company shall not be liable as it cannot verify the age of its users. By using the Services, you confirm that you are of legal age (at least 18 years of age) to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Services.
ARBITRATION NOTICE: PLEASE READ THE ARBITRATION PROVISION INCLUDED IN THE TERMS AS IT IMPACTS YOUR RIGHTS WITH RESPECT TO DISPUTE RESOLUTION. YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU AND THE COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION.
The Services make available services, features, information, content provided by third parties, including, but not limtied to, users, publishers, licensors, and aggregators. By using a service or feature that is provided by a third party and made available through the Services, you agree that each party's terms will govern the respective party's relationship with you. Please refer to the terms and conditions and privacy policy of the respective third party service providers. We are not responsible or liable for any third party's terms and conditions and privacy policy or actions taken under any third party's terms and conditions and privacy policy. All information, statements or opinions contained in materials provided by third parties is the sole responsibility of the person or organization providing them. We are not responsible or liable for any materials, or any loss or damage of any kind resulting from any materials that others provide through the Services. We do not guarantee the truthfulness, accuracy, legality, copyright compliance, or reliability of, nor endorse any of the opinions expressed in, materials provided by third parties through the Services. You acknowledge that all content made available through the Services is the sole responsibility of the party from whom such content originated. We have no obligation to pre-screen any content. You use all user content and interact with other users at your own risk.
We reserve the right to modify and update the TERMS at any time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services afterwards. It is your responsibility to check this Website for changes to the TERMS. By continuing to access or use the Services after any revisions become effective, you agree to be bound by the revised TERMS. If you do not agree to the new TERMS, you must not access or use the Services.
We may also terminate this Agreement with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services.
We may suspend or stop the Services at any time, for any reason, and without advanced notice. We may modify, add or remove features or functionalities of the Services at any time, for any reason and without advanced notice. We will not be liable if for any reason the Services are unavailable at any time or for any duration.
Subject to your compliance with the TERMS, we grant you a personal, non-commercial, limited, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the GIFTID mobile application and the Services on your mobile device.
All rights not expressly granted herein are reserved.
By using the Services, you agree to:
You agree to indemnify, defend and hold harmless the Company, its affiliates, licensors, and partners, and its and their respective directors, officers, employees, contractors, agents, and suppliers, from and against any claims, actions, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from, arising out of, or in connection with: (a) your access to or use of the Services; (b) your content; or (c) your violation or breach of this Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SHAREHOLDERS, AGENTS, PARTNERS, AND SUPPLIERS WILL NOT BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE, DATA, GOODWILL, OR OTHER INTANGIBLES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONTENT OR CONDUCT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. ACCORDINGLY, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Any claim or cause of action arising out of or related to this Agreement, the Services, or the PRIVACY POLICY must be filed within (1) year after the claim or cause of action accrues, otherwise that claim or cause of action is permanently barred.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, TERMS, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALIY, CORRESPONDENCE WITH DESCRIPTION, TITLE, AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (4) ANY CONTENT OR INFORMATION OBTAINED ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE, (5) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT THE CONTENT OR INFORMATION TRANSMITTED OR OBTAINED ON OR THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR ANOTHERS’ DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT OR INFORMATION.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES THAT ALL CLAIMS AND DISPUTES ARISING UNDER OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION. THIS MAY IMPACT YOUR RIGHTS WITH RESPECT TO DISPUTE RESOLUTION.
Arbitration Agreement. All claims and disputes arising under or relating to your use of the Services or the TERMS will be settled by binding arbitration and not through litigation in any court (except in small claims court if the claim proceeds on an individual basis). This Arbitration Agreement does not govern any claim by the Company for infringement of its intellectual property.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. You and the Company are each waiving the right to a trial by jury or to participate in a class action. This Arbitration Agreement will survive any termination or expiration of the TERMS or your relationship with the Company.
The arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules (the "AAA Rules") in effect at the time the arbitration claim is filed. If there is a conflict between those rules and this Arbitration Agreement, the TERMS and the Arbitration Agreement will control. If the AAA is unable to arbitrate for any reason, the parties will agree to select an alternative neutral arbitrator, pursuant to the AAA rules of procedure.
Authority of Arbitrator. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum’s rules, and the TERMS (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Right to Opt Out. You may opt out of this Arbitration Agreement by sending an email to support@giftidapp.com no later than thirty (30) days after the first time you access or use the Services. The email must include a clear statement advising us of your decision to opt out of this Arbitration Agreement, as well as your full name, physical address and email address you use to access the Servies. If you opt out of this Arbitration Agreement, all other parts of the TERMS will continue to apply to you.
Waiver of Jury Trial. YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement. There is no judge or jury in arbitration and court review of an arbitration award is subject to very limited review.
Waiver of Class or Consolidated Actions. YOU AND THE COMPANY AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER OR PERSON. IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND TO BE UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID.
Governing Law. These TERMS and any claims and disputes (whether contract, tort or otherwise) arising out of or relating to these TERMS or their subject matter, except to the extent they are preempted by U.S. federal law, will be governed by the laws of Pennsylvania without giving effect to any conflict of law principles.
International Users. The Company is based in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
Electronic Communications. The communications between you and the Company use electronic means, whether you access or use the Services or send and receive emails. For contractual purposes, you (a) consent to receive communications from us in an electronic form and (b) agree to enter into agreements with us electronically.
Waiver. Any waiver or failure to enforce any provision of these TERMS on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any provision of these TERMS is found invalid or unenforceable, that provision shall be removed or limited to the minimum extent and the remaining portions shall remain in full force and effect.
Entire Agreement. This Agreement constitutes the final, complete and exclusive agreement between you and the Company with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.