Updated August 19, 2015
- 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.
“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
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.
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.
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
Right to Terminate Accounts
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.
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.
We use email and electronic means to stay in touch with our Users.
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.
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.
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.