Terms of Service
The following Terms of Service (the “Agreement”) form a binding agreement between you and GivEngine, Inc. Please review the following terms carefully. By using any website (“Site”) operated by GivEngine, Inc. or any service (“Service” or “Services”) offered by GivEngine, Inc., you are agreeing to these terms, as well as our Privacy Policy, and all of these terms will govern your use of the Site and our Services. If you do not agree to these terms, you must cease use of the Site and our Services. The term “End User” refers to the person accessing or using the Site or our Services.
In return for using the Site, End User agrees to the following Terms of Service:
GivShop.com: GivShop.com, the website owned and operated by GivEngine, Inc., ("GivShop"), is an interactive online service that connects customers and merchants. GivShop provides advertisements of special offers and promotions on goods and services, as well as additional information on discounts, prices and availability. All offers and promotions are offered by the merchant, not GivShop, although some information has been compiled by GivShop from merchant sites and materials and are not provided directly by the merchants. GivShop acts only as a venue. The material that appears on GivShop.com is for informational and advertising purposes only. GivShop is not responsible for and does not guarantee the performance of any such goods or services. GivShop is not involved in the transaction between you and merchants and does not control whether merchants honor the promotions, special offers, discounts, prices or other information listed on GivShop.com. GivShop respects the privacy of its users. See our Privacy Policy.
GivVoucher Sales and Redemption: GivShop offers End Users the opportunity to purchase vouchers (each, a "GivVoucher") that will enable them to buy goods or services from an offering merchant (each, a "Merchant"). End Users pay a non-refundable fixed amount (the "Cash Value") for a GivVoucher that generally has a higher redemption value (the "Face Value"). GivShop merely acts as the venue and conduit for this purchase; it is the End User who buys, and the Merchant who sells, the GivVoucher. The following rules apply, except where prohibited by law.
The GivVoucher or GivVoucher offer will describe the Cash Value and Face Value of the GivVoucher; the types of goods and/or services that may be purchased and any restrictions (for example, that a restaurant GivVoucher cannot be applied to alcohol, sales tax or tip, or may be used only for in-restaurant dining); the number of times it may be used; and the deadline for use ("Expiration Date"). It is at the Merchant's discretion whether GivVouchers can be combined with other promotions, offers or coupons. Merchants may impose additional rules and restrictions: read the terms of the Merchant's offer and any associated information to understand the redemption rules.
Any deliberate attempt to redeem a GivVoucher that is inconsistent with these GivVoucher Sales and Redemption rules may, at the discretion of the Merchant, render the GivVoucher void.
Neither GivShop nor any Merchant is responsible for, or must reimburse the value of, lost, stolen or damaged GivVouchers. GivVouchers may not be sold or transferred (unless permitted by the Merchant); nor may they be copied or modified. If a GivVoucher is not redeemed by the Expiration Date, the Merchant will honor the unused Cash Value paid (but generally not the Face Value) to the extent required by law. GIVSHOP HAS NO LIABILITY FOR REDEMPTION OF VOUCHERS OR REPAYMENT OF THEIR VALUE, but will make reasonable efforts to assist End Users whose Merchants will not honor the Face Value (in accordance with the rules of redemption) or, after the Expiration Date, the unused Cash Value. No End User is entitled to a refund of the Cash Value or Face Value, but at most the opportunity to redeem the GivVoucher for the types of goods and services (subject to any restrictions) contained in the GivVoucher. State laws may provide that Merchants are obligated to honor the Cash Value for a period beyond the Expiration Date; if this applies, it is a duty of the Merchant and not GivShop. Again, GivShop is not the Merchant or sales agent and has none of the Merchant's redemption or other obligations.
End User: You can become a member of GivShop by filling out the necessary information. You agree that the information you supply during that registration process will be accurate and complete and that you will not (i) register under the name of, nor attempt to enter the service under the name of, another person; nor will you (ii) adopt a user name that GivShop, in its sole discretion, deems offensive. GivShop's use of your personal information is subject to its Privacy Policy; use of your information by merchants or sites linked to or referenced by GivShop are subject to that site/merchant's policies and should be reviewed by you. GivShop does not review or take responsibility for the terms, conditions or policies of the sites and merchants to which it references or to which it links.
Linked Websites: GivShop.com contains links to other websites that are not operated by GivShop. GivShop DOES NOT CONTROL THESE WEBSITES AND DOES NOT ENDORSE OR TAKE RESPONSIBILITY FOR THE CONTENT OR SERVICES AVAILABLE ON THE LINKED WEBSITES. The existence of such links shall not be construed as an endorsement of the material appearing on such sites. You should check the terms of use and privacy policies of all sites you link to from our site.
End User Conduct: You will not post or distribute any materials that are abusive, libelous, defamatory or obscene; or that are fraudulent or deceptive; or that violate anyone's copyrights or other intellectual property; or that violate anyone's confidentiality or privacy; or that harass, threaten, or are otherwise inappropriate. You will not falsely identify the source of any communications or materials, deliberately mislead anyone as to your identity (including impersonating a representative of GivShop), use the site to transmit unsolicited email, or act contrary to the law. You will indemnify us if we are sued because of your misconduct. We can terminate your access to the GivShop (i) for any actual, apparent, threatened or accused misconduct, or (ii) in our discretion for any reason.
Copyright Policy: GivShop reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to GivShop by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site in a way that constitutes copyright infringement, you shall provide GivShop with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for GivShop’s Agent for notice of claims of copyright infringement is as follows:
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner. GivShop does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted GivShop the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User’s personal use. End User hereby grants GivShop the right to edit, copy, publish and distribute any material made available on this Site.
The foregoing provisions apply equally to and are for the benefit of GivShop, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
License and Special Use: GivShop and/or its agents, licensors, site sponsors, participating merchants, advertisers, strategic partners and other content providers retain all rights to their applicable services, special offers, advertisements, promotions and the related text and graphics displayed on or accessed via GivShop.com. All trademarks, trade names, service marks, slogans, designs, logos, distinctive advertising, labels and other trade-identifying symbols (Marks) displayed on GivShop.com are the property of GivShop and/or its agents, licensors, site sponsors, participating merchants, advertisers, strategic partners and other content providers. Visitors are prohibited from using any Marks without the written permission of GivShop as well as such third party which may own the Marks. All content on GivShop.com is protected by copyright and, other than for personal and non-commercial purposes, Visitors are prohibited from modifying, using, publishing, distributing, transmitting, displaying, reproducing, selling, licensing, creating derivative works from, or otherwise exploiting any of the content of GivShop.com. All materials submitted to GivShop.com via form or email become property of GivShop.com, including but not limited to user questions.
Disclaimer of Warranties and Limitation of Liability: THE GOODS, SERVICES, OFFERS, PROMOTIONS AND INFORMATION ON GIVSHOP.COM (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, PROVIDED BY OR ADVERTISED ON GIVSHOP.COM) ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE ONLY WARRANTIES MADE RESPECTING THESE ITEMS, IF ANY, ARE THOSE OFFERED BY THE MERCHANT PROVIDERS. (For more information check the offer.)
GIVSHOP DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, FREEDOM FROM ERROR, DEFECTS OR VIRUSES, AVAILABILITY AND NON-INFRINGEMENT WITH RESPECT TO ITS SITE AND SERVICES, ANY THIRD PARTY GOODS OR SERVICES OFFERED OR SOLD THROUGH GIVSHOP, OR THE QUALITY, FEATURES OR CHARACTERISTICS OF SUCH GOODS AND SERVICES. GIVSHOP DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SERVICES, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE GIVSHOP'S CONTROL.
GIVSHOP SHALL NOT BE LIABLE HEREUNDER (I) IN EXCESS OF THE TOTAL OF ALL FEES ACTUALLY PAID BY YOU GIVING RISE TO YOUR CLAIM; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO SERVICES, OFFERS, INFORMATION ON GIVSHOP.COM, ANY TRANSACTIONS MADE AFTER USE OF GIVSHOP.COM, ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH GIVSHOP.COM, OR ANY OFFER MISREPRESENTED OR NOT FULFILLED BY A MERCHANT. Some states do not allow limitations on how long an implied warranty lasts or the exclusion of incidental or consequential damages so the above limitations and exclusions may not apply to you. You may also have other legal rights, which vary from state to state.
Changes: GivShop may modify its site, services or these terms at any time by changing these Terms of Service or other information on GivShop.com. Such modification includes, without limitation, restricting access, suspending, or discontinuing service, changing the rules of use, and terminating your use. By using GivShop.com after such changes, you agree to be bound by these Terms of Service, as modified.
Arbitration: By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against GivEngine, Inc. arising out of, relating to, or connected in any way with this Agreement, this Site, or the purchase or sale of any GivVoucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and GivEngine; (3) the arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or GivEngine’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GivEngine will pay as much of the End User’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor GivEngine shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.
Non-Profit Organizations: GivShop donates a portion of its revenue to Non-Profit Organizations. GivShop at its sole discretion will decide which Non-Profit Organizations will receive donations, and GivShop reserves the right to discontinue the relationship with any Non-Profit Organization.
Miscellaneous: These Terms of Service shall be construed in accordance with the laws of the State of Texas. If Arbitration does not produce a binding settlement, the parties shall bring any cause of action arising under these terms in a Federal or state court located in Austin, Texas. Access to and use of GivShop.com are subject to all applicable United States and foreign laws and regulations, including export laws. If any provision herein is held to be illegal or unenforceable, that provision shall be limited to the minimum extent necessary so that it is enforceable. These Terms of Service constitute the entire agreement of the parties with respect to its subject matter and supersede all prior agreements. A waiver of a provision of these Terms of Service shall not constitute a waiver of any other provisions. The headings are for convenience only and do not modify any provisions.
Termination: We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the Terms of Service contained herein. In the event of any termination, you will immediately cease access to the Site and Services. Any GivVoucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such GivVoucher.
BY USING THIS SERVICE, YOU AGREE TO ABIDE BY THESE TERMS OF SERVICE.