The following terms and conditions (the “Agreement”) govern all use of this website (the “Site”), the associated wGiftCard Facebook application, and the products and services available at the Site or via the application (all of the foregoing taken together, the “Service”). The Service is operated by Transaction Wireless, Inc. (“Transaction Wireless”) in conjunction with the primary retailer featured on the Site (“Gift Provider”).

BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICE.

Transaction Wireless and Gift Provider reserve the right, in their sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.

Gift Provider’s products and services may be subject to additional terms and conditions (please see Section 3 below).

With respect to claims regarding the infringement of copyrights, please see Section 18 below.

1. Access.
Subject to the terms and conditions of this Agreement, the services provided in connection with the Service are solely for User’s personal, non-commercial use. Transaction Wireless or Gift Provider may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Transaction Wireless or Gift Provider may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability.

User certifies to Transaction Wireless and Gift Provider that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service.

As a condition to using certain features of the Service, User may be required to register with the Service and select a password and User name (“User ID”). User shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. User may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than User without appropriate authorization. Transaction Wireless reserves the right to refuse registration of, or cancel, a User ID in its discretion. User shall be responsible for maintaining the confidentiality of User’s password and other account information.

2. Restrictions.
User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Service.

User shall not use the Service for any commercial purpose.

User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Transaction Wireless reserves the right to bar any such activity.

User shall not attempt to gain unauthorized access to any portion or feature of the Service or any other systems or networks connected to the Service, or to any Transaction Wireless server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.

User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.

User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Transaction Wireless’s systems or networks, or any systems or networks connected to the Service or to Transaction Wireless.

User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.

User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.

3. Gift Provider Terms.

Purchase or use of any of the cards constitutes acceptance of the terms and conditions.

Applebee’s Neighborhood Grill & Bar® Gift Card Terms and Conditions:
The amount contained on this gift card may be applied toward the purchase of food, beverage and gratuity at any participating Applebee’s Neighborhood Grill & Bar® in the United States and Canada. Alcohol not included where prohibited by law. This card cannot be replaced if lost or stolen. This card cannot be redeemed for cash and no change will be given, except as required by law. Use of this card constitutes acceptance of these terms and conditions.
For restaurant location information, visit www.applebees.com. For balance inquiries: 1) Visist www.applebees.com or 2) Call 1-800-252-6722.
ACMC, Inc.

Bass Pro Shops® Gift Card Terms and Conditions:
PROTECT THE CARD LIKE CASH.
Balance Inquiry: visit www.basspro.com/balance, see any cashier, or call 1-800-494-1100.
The Bass Pro Shops® Gift Card is redeemable for merchandise, food and beverages only at Bass Pro Shops® retail or restaurant locations or through Outdoor World Incentives, Bass Pro Shops® catalogs, or basspro.com. Certain states provide limited cash redemption rights; except as required by law, this card is not redeemable or exchangeable for cash, check, or credit. This card is not a credit or debit card. If lost, stolen, or damaged, this card can be replaced for any remaining value if satisfactory proof of purchase is provided. This card does not expire and is valid until redeemed. The issuer is BPIP, LLC. All rights reserved.

BedandBreakfast.com Terms and Conditions:
For complete terms, go to www.BedandBreakfast.com. Card is non-refundable, not redeemable for cash, and is issued by CardFact, Ltd. BedandBreakfast.com gift cards are not valid at al properties listed on BedandBreakfast.com, only at participating U.S. and Canadian properties. ALL PROPERTY-SPECIFIC DEPOSIT, MINIMUM STA AND CANCELLATION POLICIES APPLY. NO VALID ON GROUP RESERVATIONS, CORPORATE RATES, OR WITH THIRD-PARTY COUPONS OR CERTIFICATES. BedandBreakfast.com is no liable for lost or stolen cards. Card holder is responsible for taxes, duties, gratuities, and assessments arising from the use of this card. THIS CARD DOES NOT EXPIRE.

Bon-Ton Terms and Conditions:
Gift Cards are redeemable for merchandise and services only. Gift cards may not be returned; may not be used to make a payment on a credit account; are not redeemable for cash unless required by law and cannot be replaced if lost or stolen. For your gift card balance, please call 1-866-875-3233.

Choice Card Terms and Conditions (for all participating brands):

• Charity Choice’s Gift Card Terms: Gift recipient may choose from our list of over 75 major charities. The gift entitles the recipient to designate the donation to the charity of their choice from our broad selection of worthwhile charitable causes. 100% tax deductible for the purchaser, and may be redeemed by the recipient online. Not redeemable for cash or merchandise. Never expires.
• Dave & Buster’s Gift Card Terms: Dave & Buster’s Gift Cards can be used for purchases at any Dave & Buster’s location in the United States. Minor policy varies by location. Gift Card may be used for purchase of food, beverages, games, merchandise, taxes and gratuities. Gift Card must be presented at time of purchase and may not be redeemed for cash or change. Gift Card will not be replaced if lost or stolen.
• Jiffy Lube’s Gift Card Terms: Your use of this Card constitutes acceptance of the follwoing terms: This card can be used only for the purchases of goods and services at participating Jiffy Lube service centers in the U.S. this card cannot be redeemded for cash and no charge will be given, except in those states that requireredemption for Cash. Exceptin certain circumstances, the value on this Card will not be replaced if the Card is lost, or destroyed. Replacement fees may apply. An inactivity fee of $2.00 per month will be applied to any balance on the card if 12 months elapse during which the Card is not used to make a purchase (except for Cards sold in AR, CA, CT, DE, FL, HI, IA, LA, MA, MD, ME, MN, MT, ND, NH, NJ, NM, NV, OH, OK, OR, RI, TN, VT, WA, WV, and as otherwise prohibited by law).
• Landry’s Info Gift Card Terms: This Gift Card (“Card”) may be applied toward the cost of food, beverage, and retail merchandise at any Landry’s Restaurants. Inc. location. Each time you use this card we will deduct the amount used until the full Card value has been depleted. We will not replace a lost or stolen Card. Your Card is not redeemable for cash, except where prohibited by law.
• Legal Sea Food Gift Card Terms: You may redeem the Legal Sea Foods Gift Card for food and beverage at the time of payment at any of the Legal Sea Foods locations or online at shop.legalseafoods.com. The value of the Legal Sea Foods Gift Card will not be replaced if the Gift Card is lost, stolen, destroyed, altered, or used without permission, unless you can provide the gift card number. Replacement value will be the value of the Legal Sea Foods Gift Card at the time you report, loss, theft, or unauthorized use. Except where required by law, the Legal Sea Foods Gift Card will not be exchangeable for cash. Use of this Legal Sea Foods Gift Card constitutes acceptance of these terms and conditions.
• Orvis Gift Card Terms: Present at any Orvis location for the purchase of goods or services in the USA. This card cannot be redeemed for cash (except in those states that require redemption for cash) or replaced if lost or stolen.
• Regis Gift Card Terms: Your Regis Corp. Gift Card must be activated prior to use. Check your balance at participating salons. Your Regis Corp. Gift Card may only be used for making purchases at participating salons. It cannot be redeemed, returned or refunded for cash unless required by law. It cannot be applied to any account unless required by law. It cannot be used to purchase gift cards. We will only replace remaining values on cards that are lost, stolen or damaged if you provide a receipt. Use of this Card constitutes acceptance of these terms and conditions.
• Sally Beauty Gift Card Terms: Valid Sally gift cards may be redeemed at any SALLY BEAUTY store located in the United States of America or Puerto Rico. Sally gift cards cannot be reissued in another denomination and are not reload-able. Sally gift card recipients or holders may call to check card balance 24 hours a day via toll-free number listed on the back of the card. Sally gift cards can be used for multiple purchases until the balance reaches zero, but a maximum of four (4) Sally gift cards can be used for a single transaction. Sally gift cards have no expiration date. Sally gift cards are not redeemable for cash, and there is no cash given back as change when using Sally gift cards for purchases, except as required by law. No other refunds, credits or exchanges are possible. Sally gift cards are void if altered or defaced. The recipient or holder should safeguard Sally gift cards.
• Sunglass Hut Gift Card Terms: This card is honored at all participating Sunglass Hut and Watch World stores in North America. This card is not valid at Sunglass Hut at Macy’s locations or at Watch World in Canada. Additional value may be added to this card after initial purchase. This card is not redeemable for cash, and will not be replaced if lost or stolen. Pursuant to applicable law, this card has no expiration date and no dormancy fees may be charged. In California, gift cards with less than $10 are redeemable for cash. Reproduction, Internet distribution or resale is strictly prohibited. This card is in US dollars. 

 

Charity Gift Certificates Terms and Conditions:
Gift recipient may choose from our list of over 75 major charities. Designate this donation at: www.charitychoices.net
This gift entitles the recipient to designate the donation to the charity of their choice, from our broad selection of worthwhile charitable causes. 100% tax deductible for the purchaser, and may be redeemed by the recipient online. Administered by Charity Gift Certificates, a 501c3, IRS ID # 58-2550249 www.charitygiftcertificates.org Not redeemable for cash or merchandise. Never expires.

Gordmans Gift Card Terms and Conditions:
This Gift Card cannot be redeemed for cash. To use, simply present the card to your Gordmans cashier at the time of purchase. The amount of your purchase will be deducted from the card’s present value. Please safeguard your card; It is not replaceable if lost or stolen. You may check the value remaining on your card at any Gordmans store, at www.gordmans.com or by calling 866-905-2692. Store locations may be found at www.gordmans.com. Gordmans Distribution Company, Inc.

Jiffy Lube® Gift Card Terms and Conditions:
This Card can be used only for purchases of goods and services at participating Jiffy Lube® service centers in the U.S. No value until purchased. This Card cannot be redeemed for cash and no change will be given, except in those states that require redemption for cash. Except in certain circumstances, the value on this Card will not be replaced if the Card is lost, stolen or destroyed. No fees. No expiration. For questions regarding your Jiffy Lube Gift Card, please contact your Jiffy Lube service center, visit www.giftcard.jiffylube.com, or call the Help Desk at 800-544-7537. For remaining Card value, check your invoice or call 800-544-7537.

Legal Sea Foods Gift Card Terms and Conditions:
You may redeem the Legal Sea Foods Gift Card for food and beverage at the time of payment at any of the Legal Sea Foods locations or online at shop.legalseafoods.com. The value of the Legal Sea Foods Gift Card will not be replaced if the Gift Card is lost, stolen, destroyed, altered, or used without permission, unless you can provide the gift card number. Replacement value will be the value of the Legal Sea Foods Gift Card at the time you report, loss, theft, or unauthorized use. Except where required by law, the Legal Sea Foods Gift Card will not be exchangeable for cash. Use of this Legal Sea Foods Gift Card constitutes acceptance of these terms and conditions.

NM Gift Card® Terms and Conditions:

• Neiman Marcus Gift Cards are redeemable for merchandise and services from Neiman Marcus® and other operating divisions of The Neiman Marcus Group, Inc.
• NM Gift Cards cannot be redeemed for cash (unless required by law) and cannot be applied as payment on Neiman Marcus Credit Card accounts.
• Neiman Marcus is not responsible for lost or stolen NM Gift Cards.
• Neiman Marcus is a registered trademark of NM Nevada Trust. All rights reserved.
• The Neiman Marcus Group is not affiliated with or responsible for the administration of this promotion.
• Neiman Marcus stores and the book accept Neiman Marcus Credit Cards, cash, check and the American Express® Card.
• NeimanMarcus.com and Neiman Marcus by Mail accept VISA, MasterCard and Discover credit cards for purchases. To request a Neiman Marcus catalog, please call 1.800.825.8000.
• The NM Gift Card is subject to all terms and conditions printed on the back of the gift card and located on the NeimanMarcus.com website.

 

Omni Gift Certificates Terms and Conditions:
Omni Hotels gift certificates can be used for hotel stays, dinner at one of our award winning restaurants, golf or spa services where available.

• Certificates are valid at any Omni Hotels location
• Certificates may not be valid where restricted by law
• Certificates are not replaceable if lost, stolen or destroyed
• Any tax liability connected with receipt or use of certificates is the recipient’s responsibility
• Certificates are not redeemable for cash
• Redemption for room nights or restaurants may require reservations

 

Orvis Gift Card Terms and Conditions:
Present at any Orvis location for the purchase of goods or services in the USA. This card cannot be redeemed for cash (except in those states that require redemption for cash) or replaced if lost or stolen. For the Orvis store nearest you or for information about how to redeem this gift card, please call toll free 800-635-7635. Please call (800) 242-5353 for balance information.

Regis Salon Gift Card Terms and Conditions:
The Regis Salon Gift Card must be activated prior to use. Check your balance at participating salons, www.regiscorpgiftcards.com or 1-877-887-3447. Valid at participating Regis Corp. salons. It cannot be redeemed, returned or refunded for cash, or applied to any account unless required by law. It cannot be used to purchase gift cards. We will only replace remaining values on Cards that are lost, stolen or damaged if you provide a receipt. For a replacement card, call 1-800-677-2887. Issued by Regis Corporation. Use of this Card constitutes acceptance of these terms and conditions.

Sally Gift Card Terms and Conditions:
Valid Sally gift cards may be redeemed at any SALLY BEAUTY store located in the United States of America or Puerto Rico. Sally gift cards cannot be reissued in another denomination and are not reload-able. Sally gift card recipients or holders may call to check card balance 24 hours a day via toll-free number listed on the back of the card. Sally gift cards can be used for multiple purchases until the balance reaches zero, but a maximum of four (4) Sally gift cards can be used for a single transaction. Sally gift cards have no expiration date. Sally gift cards are not redeemable for cash, and there is no cash given back as change when using Sally gift cards for purchases, except as required by law. No other refunds, credits or exchanges are possible. Sally gift cards are void if altered or defaced. The recipient or holder should safeguard Sally gift cards.

SpaFinder Instant Certificates Terms and Conditions:
SpaFinder Instant Certificates are for a Single Use Only. Certificate Must be Surrendered at Time of Use. Certificate Cannot be Reproduced; Any Attempted Reproduction Will Render the Certificate Void. Additional Terms and Conditions can be found at: http://www.spafinder.com/about/purchase.jsp

4. Content.
General Content. User agrees that all content and materials (collectively, “Content”) delivered via the Service or otherwise made available by Transaction Wireless or Gift Provider at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized in writing by Transaction Wireless (with respect to Transaction Wireless Content), or Gift Provider (with respect to Gift Provider Content), User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, User may print or download a reasonable number of copies of the materials or content at this Site for User’s own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements from the Site for any other purpose is strictly prohibited without the express prior written permission of Transaction Wireless or Gift Provider (as applicable).

User Content. The Service permits the submission of text, images, recordings, audio content, videos or other communications submitted by User and other users (“User Content”), as well as the distribution of such User Content to other end users of the Service. User acknowledges and agrees that, with respect of all of User’s User Content, Transaction Wireless and Gift Provider are hereby granted a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable right to fully exploit such content (including all related intellectual property rights) in connection with the Service and User purchases in connection therewith (and to allow others to do so). The foregoing right includes the right by Transaction Wireless to make Facebook “wall posts” on User’s behalf.

With respect to all of User’s User Content, User represents and warrants that: (i) User owns or has the necessary licenses, rights, consents, and permissions to grant the right set forth in the preceding paragraph; (ii) no such content will violate the rights of any person or entity (including, without limitation, intellectual property rights and privacy rights); (iii) no such content is misleading or inaccurate; and (iv) no such content contains any material or data that is profane, alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), or gambling-related (e.g., casinos, lotteries).

Transaction Wireless and Gift Provider reserve the right to remove any User Content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content), or for no reason at all.

5. Indemnification.
User is responsible for all of User’s activity in connection with the Service. User shall defend, indemnify, and hold harmless Transaction Wireless, Gift Provider. their affiliates and each of their and their affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from User’s (i) use or misuse of the Service; (ii) access to any part of the Service; (iii) User Content; (iv) use of or access to any Gift Provider gift certificates, products or services; (v) violation of any law, regulation or third party right (including, without limitation, any intellectual property right); or (vi) violation of this Agreement.

6. Fees.
User acknowledges that each of Transaction Wireless and Gift Provider reserve the right to charge fees for use of the Service and to change its fees from time to time, in their each of their sole discretions. Additionally, User’s mobile phone carrier may charge you for usage of the Service (i.e., standard rates may apply). User agrees that User will be liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using the Service. User should consult User’s wireless telephone service provider’s pricing plan to determine their charges for sending and receiving messages through the Service.

7. SMS (Text Messaging) Terms.
User can opt-in to receive SMS notifications of their order status hereunder (“SMS Service”) via short code VALUE (82583). If User elects to receive SMS notifications, User must opt-in this Site. Message and data rates may apply.

If User chooses to receive SMS notifications to User’s mobile phone, User must review and agree to these additional terms:

• By opting-in, User consents to receiving text messages from Transaction Wireless and Gift Provider, which may include offers from Transaction Wireless, Gift Provider or either’s affiliates and partners. User can unsubscribe at any time from the SMS Service by sending STOPALL to 82583. User can receive help at any time from the SMS Service by sending HELP to 82583.
• User represents that User is the owner or authorized user of the wireless device User uses to subscribe for the SMS Service and that User is authorized to approve the applicable charges.
• Neither Transaction Wireless or Gift Provider will be liable for any delays or failures in User’s receipt of any SMS messages as delivery is subject to effective transmission from User’s network operator and processing by User’s mobile device. SMS Service is provided on an AS IS, AS AVAILABLE basis.
• Data obtained from User in connection with this SMS Service may include User’s cell phone number; User’s carrier’s name; the date, time and content of User’s messages and other information that User may provide. Transaction Wireless and Gift Provider may use this information to contact User and to provide responses to User requests directed to Transaction Wireless or Gift Provider, and to otherwise operate, develop and improve the SMS Service and Service. User’s wireless carrier and other related service providers may also collect data about User’s SMS usage, and their practices are governed by their own policies.
• User shall not damage, impair, interfere with or disrupt the SMS Service or its functionality.
• The SMS Service is available only in the United States on the following carriers: AT&T, Alltel Mobile Communications, Inc., Dobson (Cellular One), Cricket Wireless (Leap), Western Wireless, Cincinnati Bell Wireless (CBW), US Cellular, T-Mobile US, Guam Wireless – Hafatel, Guamcel, Midwest Wireless, NTelos, Nextel, Verizon Wireless, and Sprint.
• Transaction Wireless reserves the right to alter charges and/or these SMS terms and conditions from time to time. We may suspend or terminate the SMS Service to you if we believe you are in breach of any of these SMS terms and conditions. The SMS Service is also subject to termination in the event that User’s wireless service terminates or lapses. Transaction Wireless may discontinue the SMS Service at any time.

 

8. Warranty Disclaimer.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TRANSACTION WIRELESS AND GIFT PROVIDER MAKE NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER’S REQUIREMENTS.

TRANSACTION WIRELESS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY GIFT PROVIDER OR ANY GIFT PROVIDER’S GIFT CERTIFICATES, PRODUCTS OR SERVICES.

THE SERVICE IS PROVIDED BY TRANSACTION WIRELESS AND GIFT PROVIDER IN THE UNITED STATES OF AMERICA. TRANSACTION WIRELESS AND GIFT PROVIDER MAKE NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE, AVAILABLE OR LEGAL FOR USE OR ACCESS IN OTHER LOCATIONS.

THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

9. Limitation of Liability.
IN NO EVENT SHALL TRANSACTION WIRELESS, OR GIFT PROVIDER, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.) (PROVIDED THAT, FOR USERS WHO HAVE MADE PURCHASES DIRECTLY THROUGH THE SERVICE, SUCH MONETARY CAP WILL BE THE AMOUNTS PAID BY USER TO TRANSACTION WIRELESS OR GIFT PROVIDER FOR THE PURCHASE DIRECTLY CONNECTED WITH THE LIABILITY CLAIM).

TRANSACTION WIRELESS SHALL NOT BE LIABLE FOR ANY OF THE ACTIVITIES OF ANY GIFT PROVIDER, OR WITH RESPECT TO ANY OF THE GIFT CERTIFICATES, PRODUCTS OR SERVICES ANY GIFT PROVIDER PROVIDES OR OTHERWISE RENDERS. USER PURCHASES, USES AND ACCESSES ALL SUCH PRODUCTS AND SERVICES AT USER’S SOLE RISK.

NEITHER TRANSACTION WIRELESS NOR GIFT PROVIDER SHALL BE LIABLE FOR ANY USER CONTENT.

FACEBOOK, INC. SHALL HAVE NO LIABILITY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR ANY OF THE ACTS OR OMISSIONS OF TRANSACTION WIRELESS OR GIFT PROVIDER IN CONNECTION HEREWITH.

THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

10. Third Party’s Websites and Resources.
The Site may permit User to link to other (i.e. non-Transaction Wireless and non-Gift Provider) websites or resources on the Internet. These other websites are not under the control of Transaction Wireless of Gift Provider, and User acknowledges that Transaction Wireless and Gift Provider are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Transaction Wireless or Gift Provider. User further acknowledges and agrees that neither Transaction Wireless nor Gift Provider shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.

11. Term; Termination.
This Agreement shall remain in full force and effect while User uses the Service. User may terminate User’s use of the Service or your membership at any time by following the instructions on the Service. Transaction Wireless or Gift Provider may terminate your access to any or all of the at any time, for any reason, and without warning, and each of Transaction Wireless and Gift Provider reserves the right to discontinue any aspect of the Service at any time. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.

12. Export and Trade Controls.
User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or pursuant to the Service except in full compliance with all United States, foreign and other applicable laws and regulations.

13. Privacy.
Transaction Wireless’s current privacy policy is available at http://www.transactionwireless.com/privacy-policy/, which is incorporated by this reference. Transaction Wireless strongly encourages User to review the privacy policy closely.

14. Copyright.
All content included in the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Transaction Wireless or Gift Provider, or either’s content suppliers, and protected by United States and international copyright laws. All software used on (or provided through) the Service is the property of Transaction Wireless or its software suppliers and protected by United States and international copyright laws.

15. Disputes with Third Parties.
User is solely responsible for User’s interactions with all Gift Providers, as well as other Service users. If User has a dispute with any other Service user, User shall and hereby does release Transaction Wireless and Gift Provider (and their officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If User is a California resident, User waives California Civil Code 1542, 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.”

16. Retailer Copyrights.
Transaction Wireless is not affiliated with any participating retailers.

The Bass Pro Shops® name and logo are registered trademarks of Bass Pro Shops, Inc. All rights reserved.

Bon-Ton is a trademark of Bon-Ton Stores, Inc. All rights reserved.

CharityChoice is a trademark of Charity Gift Certificates.org All rights reserved.

GORDMANS, BRANDS YOU WANT|SAVINGS YOU DESERVE, SOMETHING UNEXPECTED and GIVE THE UNEXPECTED are registered trademarks of Gordmans, Inc. All rights reserved.

Jiffy Lube® is a registered trademark of Jiffy Lube International, Inc.

Legal Sea Foods is a trademark of Legal Sea Foods, LLC. All rights reserved.

Neiman Marcus and NM Gift Card® are registered trademarks of NM Nevada Trust. All rights reserved.

Orvis® is a registered trademarks of The Orvis Company, Inc. All rights reserved.

Regis Salaon is a trademark of Regis Corporation. All rights reserved.

Sally Beauty is a trademark of Sally Beauty Supply LLC. All rights reserved.

SpaFinder® is a registered trademark of SpaFinder, Inc. All rights reserved.

17. General.
The failure of a party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Neither Transaction Wireless nor Gift Provider shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Transaction Wireless’s prior written consent. Transaction Wireless and Gift Provider may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Santa Diego, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Subject to the foregoing arbitration provisions, the parties agree that all disputes arising hereunder shall be subject to the exclusive jurisdiction and venue of the state and Federal courts located in San Diego, California. USER AND TRANSACTION WIRELESS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and User does not have any authority of any kind to bind Transaction Wireless or Gift Provider in any respect whatsoever.

18. Digital Millennium Copyright Act Notice.
Transaction Wireless, Inc. (“Company”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement is listed at the end of this policy (“Designated Agent”).

It is Company’s policy to (1) block access to or remove content (including, without limitation, text, graphics and photos) (collectively, “Content”) that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements:

If you believe that Content residing on or accessible through the Company web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

 

Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is Company’s policy:

1. to remove or disable access to the infringing Content;
2. to notify the Content provider, member or user that it has removed or disabled access to the Content; and
3. that repeat offenders will have the infringing Content removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the service.

 

Procedure to Supply a Counter-Notice to the Designated Agent:

If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of the Content provider, member or user;
2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
3. A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Company’s may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.

Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

Designated Agent to Receive Notification of Claimed Infringement:

Basil Abifaker
10180 Telesis Court, Suite 240
San Diego, CA 92121 USA
(858) 926-5390
support@transactionwireless.com