Terms of Use
Updated August 19, 2015
Summary
The below bullet points provide a short overview of the below Terms of Use in simple language. This is not a complete summary of the below Terms of Use. Please read the entire Terms of Use carefully and contact us with any questions.
- Gifting Sense Inc. is not a financial advisor. Gifting Sense Inc. does not provide, recommend, or endorse any specific financial advice.
- Gifting Sense Inc. does not guarantee results or outcomes.
- You are responsible for the security of your own account and all actions taken within your account, including the protection of your password. Illegal activity is not permitted and will not be tolerated.
- Use of GiftingSense.org is at the User’s discretion.
- Content on this Website is not financial advice and is provided for informational purposes only. As such, it is not a replacement for financial advice from a qualified professional.
- Gifting Sense Inc. is happy to answer questions to provide more details on our services. Feel free to contact us at any time and please do not use the site until you are comfortable with these Terms of Use.
Gifting Sense Inc. Terms of Use
This document (“Terms of Use“) governs all services provided by Gifting Sense Inc. (“we” or “us” or “Gifting Sense”) through the GiftingSense.com (“Website”), and all content, services, and products available at or through the Website. These Terms of Use are very important and explain the relationship between us and users of the site (“Users” or “you”).
Definitions
“Agreement” means all of the terms, conditions, and notices contained or referenced in the Terms of Use and all other Gifting Sense rules and policies (including but not limited to our Privacy Policy and procedures that may be published on the Website.
“Content” means any content featured or displayed throughout the Website, including but not limited to text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Website.
“Service” means all of the services provided by Gifting Sense, including but not limited to all Content, services, and products available through the Website. Gifting Sense is not a financial advisor, and all forms of financial advice or financial services are explicitly excluded from the Service.
“User,” “you” and “your” refer to the person, company, or organization that has visited or is using our Website and/or our Service.
About Our Service
Gifting Sense provides an online informational platform that allows for collection and scoring of information in the field of financial literacy with respect to gifts and/or experiences. Our role is limited to providing fun and informational resources. Gifting Sense is not offering financial services and does not offer any financial advice, financial opinions, recommendations, referrals, or counselling. Gifting Sense maintains the Website for your personal information, entertainment, and enjoyment. Please feel free to browse and use the site. At the same time, please remember that your access to the Website is subject to these Terms of Use as well as applicable laws. By accessing and using the Website you accept the Terms of Use without limitation or qualification and acknowledge that any other agreements you may have with Gifting Sense are superseded by the Terms of Use, to the extent any conflicts exist.
Information On This Website
Information that includes all facts, data, and other information (“Information”) on the Website is of a general nature, is intended only for informational purposes, is subject to change without notice, and is not intended to be relied on by Users as advice on any particular matter.
Gifting Sense makes no guarantees, representations, or warranties, whether express or implied, with respect to the Information.
Gifting Sense Is Not a Financial Advisor and Does Not Provide Financial Services
Through articles, opinions, and other content on the Website, Gifting Sense may provide general information about finances. All such information is general in nature. Gifting Sense does not make any direct assessment of your financial issues, needs, or requirements.
Release and Indemnification
By using the Website and/or Service, you agree that your legal remedies are limited to claims against third parties who caused you harm.
You agree to indemnify and hold harmless Gifting Sense from and against any and all claims and expenses, including lawyers’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement.
Users must not be under age 13.
The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.
Compliance with Laws
You represent and warrant that: (i) you have the authority to bind yourself to the Agreement; (ii) your use of the Service will be solely for purposes that are permitted by this Agreement; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Service will comply with local, provincial, and federal laws, rules, and regulations, and with all other Gifting Sense policies.
User Conduct
You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or network, or interfere with any other party’s use and enjoyment of the Website or the Service. You may not attempt to gain unauthorized access to the Service or computer systems or networks through hacking, password mining, or any other means. In addition to our rights pursuant to this Agreement, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce this Agreement.
Prohibited Content
You agree that you will not under any circumstances use the Website to transmit any Content that is unlawful or promotes unlawful activities; defames, harasses, abuses, threatens, or incites violence toward any individual or group; is pornographic, discriminatory, or otherwise victimizes or intimidates any individual group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; impersonates any person or entity, including any of our employees or representatives; or violates the privacy of any third party.
Gifting Sense May Monitor Interactions
At our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service and Website. Further information is available on our Privacy Policy.
Right to Terminate Accounts
We reserve the right but not the obligation to, in our sole discretion, determine whether any User conduct is appropriate and complies with these Terms of Use, or terminate or deny access to and use of the Service to any User for any reason, with or without prior notice.
Third Party Content
There may be content from third parties on the Website. We are not responsible for that content, nor do we endorse such content, unless otherwise clearly stated.
This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any third party content except as permitted by the Terms of Use.
Intellectual Property
Gifting Sense respects others’ intellectual property rights and asks our Users to do the same. We may terminate a User’s access to the Website if we determine that the User infringes on others’ copyrights or other intellectual property (including Gifting Sense’s rights).
Gifting Sense retains ownership of all intellectual property rights of any kind related to the Website and Service, including applicable copyrights, patents, trademarks, and other proprietary rights. Other trademarks, service marks, graphics, and logos used in connection with the Website and the Service may be the trademarks of third parties. The Agreement does not transfer from us to you any Gifting Sense or third-party intellectual property, and all right, title, and interest in and to such property will remain solely with us or with such third party, respectively. We reserve all rights that are not expressly granted to you under this Agreement.
Gifting Sense and all other identifying marks, proprietary marks, or trademarks that appear, are displayed, or are used on the Website or as part of the Service are registered or common law trademarks or service marks of Gifting Sense. These marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Gifting Sense.
Submissions
Apart from your personal information (which is addressed in the Privacy Policy, any communication or material you send to the Website, electronically or otherwise, including but not limited to data, questions, comments, suggestions, or submissions is and will be treated as non-confidential and non-proprietary. Anything you send to the Website may be used by Gifting Sense for any purpose, including but not limited to, reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting material to the Website, you irrevocably transfer and assign to Gifting Sense, and forever waive and agree never to assert, any copyrights, “moral” rights, or other rights that you may have in such material. Gifting Sense is free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to the Website for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services.
Email Communications
We use email and electronic means to stay in touch with our Users.
For contractual purposes, you (i) consent to receive communications from Gifting Sense in an electronic form via the email address you have submitted or via the Service; and (ii) agree that the Agreements, including all Terms of Use, agreements, notices, disclosures, and other communications that Gifting Sense provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
Termination
You may cancel this Agreement at any time. If you wish to terminate this Agreement, you may simply discontinue using Gifting Sense.
Gifting Sense may terminate your access to all or any part of the Website at any time, with our without cause, with or without notice, effective immediately for any reason deemed appropriate in our sole discretion.
Disclaimer of Warranties
Gifting Sense provides the Website, the Content, and the Service “as is,” without warranty of any kind. We make no express or implied warranties or guarantees about the Service. To the maximum extent permitted by law, Gifting Sense expressly disclaims all warranties, whether express, implied, or statutory, with respect to the Website and the Service including, without limitation, any warranties of merchantability, of satisfactory quality, fitness for a particular purpose, title, security, accuracy, and non-infringement.
Gifting Sense makes no representation or warranty that the information we provide or that is provided through the Service is effective, accurate, reliable, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, Content, or other material obtained from the Service.
Limitation of Liability
We will not be liable for damages or losses arising from your use of the Service or arising under this agreement. To the maximum extent permitted by applicable law, in no event will Gifting Sense be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from (i) your use or inability to use the Service; (ii) the Service generally or the software or systems that make the Service available; or (iii) any other interactions with Gifting Sense or any other User of the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Gifting Sense has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. Gifting Sense will have no liability for any failure or delay due to matters beyond our reasonable control.
Modification of Terms of Use
Gifting Sense reserves the right, at our sole discretion, to amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.
Upon any changes in these Terms of Use, we will post the amended agreement on the Website. Your continued use of the Website and/or the Service following such notification shall constitute your affirmative acknowledgement of the Terms of Use, the modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following receipt of notification of any modifications made hereto, then please do not use the Website.
Governing Law
These Terms of Use and any access to or use of the Website or the Service shall be governed by, and construed in accordance with, the laws of the Province of Ontario. You and Gifting Sense agree to submit to the exclusive jurisdiction and venue of the courts located in the City of Toronto, Province of Ontario.
Severability
If any portion or provision of this Agreement shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
No Assignment
Gifting Sense may assign or delegate this Agreement, including these Terms of Use and/or the Gifting Sense Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under this Agreement, including the Terms of Use or Privacy Policy, without Gifting Sense’s prior written consent, and any unauthorized assignment and delegation by you is void.
Headings and Summaries
The headings, captions, and summaries in this Agreement are for convenience only and in no way define or describe the scope or content of any provision of this Agreement.
Entire Agreement
This Agreement, in combination with all policies and guidelines of the Website (including but not limited to the Privacy Policy), incorporated by reference, constitute the entire agreement between you and Gifting Sense and supersede all prior communications, agreements, and understandings, written or oral, with respect to the subject matter of this Agreement.
By using the Gifting Sense Website, you acknowledge that you have read and understand these Terms of Use and will be bound by these Terms of Use.
