Home / Terms & Conditions
- GFG, bringing you the finest reading material boredom can buy.
Thank you for reviewing these Terms and Conditions of Use (the “Terms” or “Agreement”). Gift From George LLC (“GFG” “We” “Us” or “Our”) makes the GFG website, www.giftfromgeorge.com, (“Website”), its mobile application (“GFG App”), and other services (collectively with the Website and GFG App, the “GFG Services”) available for your (“Users,” “Your” or “User”) use subject to this Agreement. This Agreement spells out what Users can expect from GFG and what GFG expects from its Users. The GFG Privacy Policy is an integral part of this Agreement and is expressly incorporated by reference. Users can view the GFG Privacy Policy at www.giftfromgeorge.com/privacy-policy. The GFG Privacy Policy explains how GFG collects and protects information about Users’ use of the GFG Services. Please read this Agreement carefully before accessing the GFG Services.
By creating a GFG account (“Account”), downloading the GFG App, or participating in any GFG Services, including, without limitation, making a charitable donation or participating in a GFG promotional game (“Promotional Game”), Users: (i) acknowledge that they have read and agree to be bound to and abide by these Terms; (ii) accept and agree to all obligations and rules that may be included within each Promotional Game in which they participate; and (iii) represent and warrant that they are authorized and able to accept these Terms. If a User does not wish to be bound by the Terms, the User must not download, access or use the GFG Services. By declining to accept these Terms, the User will be unable to create an Account or participate in the GFG Services.
GFG reserves the right to change these Terms at any time without prior notice to Users. If GFG modifies these Terms, GFG will update the “Last Modified Date” and such changes will be effective upon posting. If GFG makes what it determines to be material changes to these Terms, GFG will notify Users by prominently posting a notice or by sending a notice to the e-mail addresses on file. Users’ continued use of the GFG Services following such material changes requires their affirmative consent to the changes. If Users do not agree to the changes, their sole remedy is to cease using the GFG Services. If Users breach any of the Terms, their authorization to use the GFG Services automatically terminates.
The GFG Services may be accessible through or provide links to third party social networking sites and applications, including, without limitation, Facebook, Twitter, and Instagram. As a condition of participating in the GFG Services, Users acknowledge and agree that such third parties do not sponsor, endorse, administer, and are in no way associated with, the GFG Services. All questions regarding the GFG Services must be directed to GFG. Users further acknowledge and agree that as a condition of participating in the GFG Services, Users shall release Facebook, Inc., Twitter Inc., Instagram, LLC, and any other third party social networking sites accessible through the GFG Services from any and all liability arising out of Users’ participation in such services. The integration of third party social networking sites and applications is provided solely as a convenience to Users and Users access and use them entirely at their own risk and subject to such third parties' terms and conditions.
To be eligible to make a donation through the GFG Services, Users must, at the time of making the donation: (i) be at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is greater; and (ii) at all times abide by these Terms.
To make a donation through the GFG Services, a User must find an approved GFG charity, visit their profile page and click the “Donate” button. All donations must be in one ($1) increments.
All GFG approved organizations qualify for 501(c)(3) status and must be validated by a third party such as GuideStar or Charity Navigator. GFG processes User donations through Our Payment Processors (defined in Section 6) in conjunction with the User’s payment instrument provider. Within 30 days of GFG’s receipt of a User’s donation, GFG contributes the donation to the designated organization after deducting Payment Processor fees and GFG administrative fees of 0%. Please consult a tax or financial advisor for specific questions about donation deductibility.
Donations made through the GFG Services will appear as a line item on the User’s statement and will reference the designated charitable organization. GFG reserves the exclusive legal control over all donation amounts. If a charitable organization fails to comply with GFG's participation standards, is no longer recognized as a qualifying charitable organization by the Internal Revenue Service and/or governmental regulators, or no longer accepts donations, then GFG reserves the right to contribute donation amounts to a complementary organization. Donations made through the GFG Services are immediate and irrevocable. Accordingly, GFG cannot refund or cancel User donations.
The GFG Services offer a variety of Promotional Games designed to stimulate charitable giving. Each of GFG’s Promotional Games are governed by official rules that address, without limitation, eligibility restrictions, prizing, and winner determination and notification, and are expressly incorporated into these Terms by this reference. NO PURCHASE OR CHARITABLE DONATION IS NECESSARY TO PARTICIPATE IN THE PROMOTIONAL GAMES. Users are responsible for reviewing the rules prior to participating in any Promotional Game, and to review the rules for any changes. Users agree to abide by the then-current rules for the Promotional Game(s) in which the User participates. GFG reserves the right to cancel, terminate, extend, modify, or suspend any Promotional Game at its sole discretion.
Registering for or participating in any Promotional Game signifies that the User has read, understands, and certifies that they meet all eligibility requirements and are not a natural person or organization barred from participating in the Promotional Games under the laws of their jurisdiction. GFG reserves the right to verify each User’s eligibility at any time. Failure to provide acceptable proof of eligibility within a reasonable amount of time could result in Account suspension or termination and/or any winnings being forfeited, withheld or revoked.
To be eligible to participate in Promotional Games, Users must, at the time of participation: (i) be at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is greater; (ii) be a permanent legal resident of the United States of America who is physically located and residing therein (excluding Alabama, Alaska, Hawaii, Kentucky, Massachusetts, Mississippi, Missouri, Nebraska, New Jersey, Ohio, Oklahoma, Utah, Washington and Vermont); (iii) have an active Account; and (iv) at all times abide by these Terms.
Employees, officers, directors, members, managers, investors, agents, and representatives of GFG and any of its or their parent companies, subsidiaries, affiliates, licensees, licensors, contractors, Promotional Game sponsors, prize providers, content providers, vendors, component suppliers (both hardware and software), third parties who provide products or services purchased from or distributed by GFG and each of their respective immediate family (defined as parents, spouse, partner, and children) and any person residing in the same household are NOT eligible to participate or win prizes in the Promotional Games. Such persons may, however, use the GFG Services, and will from time to time do so for the purpose of making donations, testing the GFG Services, evaluating user experience, and other reasonable and fair uses at the sole discretion of GFG. If such persons are deemed to be Promotional Game winners, any prizes won will be forfeited and awarded to an alternate potential winner at GFG’s sole discretion and in accordance with the applicable rules.
To be eligible to participate in Promotional Games, an organization must, at the time of participation: (i) be a qualified 501(c)(3) organization in good standing with the United States Internal Revenue Service and all regulatory agencies with jurisdiction over the organization’s operations; (ii) be listed under a third party vendor such as GuideStar or Charity Navigator; (iii) have an active charitable organization Account; and (iv) at all times abide by these Terms.
To be eligible to participate in the GFG Promotional Games, Users must register for an Account. To create an Account, go to www.giftfromgeorge.com, click on Register at the top of the page and fill out the required information. Users must provide their: (i) first and last name; (ii) date of birth; (iii) address; (iv) gender; (v) phone number; (vi) and e-mail address. In addition, Users must select a unique username and a password (the “Identifiers”) and provide other details, as requested. The username must not be offensive, be selected to deceive or misinform other Users, and may not offend common decency or infringe upon the rights of third parties. If GFG receives information of a username which is illegal or in breach of these Terms, the username can be amended by GFG without prior notice. Additionally, a secure password should contain a combination of numbers, letters and, when possible, special characters.
To be eligible to participate in the GFG Promotional Games, an authorized representative of the charitable organization must register for an Account. To create an Account, go to www.giftfromgeorge.com, click on Register at the top of the page and fill out the required information. An authorized representative of the charitable organization must complete the GFG application found at www.giftfromgeorge.com/application and be approved be the GFG team.
Individual and charitable organization Accounts may be modified by logging into the respective Account and making the desired changes or by contacting customer service at george@giftfromgeorge.com. If any information is untrue, inaccurate, not current or incomplete, or GFG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GFG reserves the right to suspend or terminate the Account immediately and refuse any and all current or future use of the GFG Services (or any portion thereof). GFG reserves the right to reject or revoke Accounts for any reason at its sole discretion.
Only one (1) Account is allowed per person and per charitable organization. If it is determined that a User has registered for more than one (1) Account, the User acknowledges and agrees that GFG has the right to suspend or terminate the User’s Account, confiscate any Account balances in accordance with applicable law, and refuse any and all current or future use of the GFG Services.
Individual and charitable organization Accounts are not transferable. Under no circumstances shall Users allow or permit any other person or third party, including, without limitation, any person under the legal age to participate in the GFG Services or to use or re-use their Account. Users accept full responsibility for any unauthorized use of the GFG Services and for any use of their credit card or other payment instrument by any other person or third party in connection with their Account. Any individual or charitable organization found to have violated this section may be reported to the relevant authorities and will forfeit all funds in their Account. GFG will not be liable for any loss that may incur as a result of someone else using an individual or charitable organization Account.
Users are subject to the laws of the jurisdiction in which they access the Promotional Games. Access to the Promotional Games may not be legal for persons or organizations in certain states, including: Alabama, Alaska, Hawaii, Kentucky, Massachusetts, Mississippi, Missouri, Nebraska, New Jersey, Ohio, Oklahoma, Utah, Washington and Vermont (the “Prohibited Jurisdictions”). Persons located in such Prohibited Jurisdictions are prohibited by state law from purchasing GFG Bucks or participating in any Promotional Game in which a prize is awarded. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
If a User attempts to purchase GFG Bucks or participate in any Promotional Game in which a prize is awarded while located in a Prohibited Jurisdiction, such User will be in violation of the law of such Prohibited Jurisdiction as well as these Terms and may have their Account suspended or terminated. Users hereby agree that GFG cannot be held liable if laws applicable to such Users restrict or prohibit their participation in the GFG Services. GFG makes no representations or warranties, implicit or explicit, as to a User’s legal right to participate in the Promotional Games nor shall any person affiliated, or claiming affiliation, with GFG have authority to make any such representations or warranties. GFG does not intend for the Promotional Games to be used by persons present in jurisdictions where participation may be prohibited or restricted.
Users must provide all equipment and devices necessary to access the GFG Services and are responsible for any fees, including, without limitation, Internet connection or data usage fees incurred when accessing the GFG Services.
No charitable donation or purchase is necessary to participate in the Promotional Games. The following alternative methods of entry (“AMOE”) will be made available through the GFG Services:
To obtain an entry into a Promotional Game via the GFG Survey and Questionnaire AMOE, Users may visit the Website, login to their Account, and follow the on-screen instructions to complete a survey or questionnaire.
To obtain an entry into a Promotional Game via a mail-in request, print Your GFG username, first and last name, mailing address (Street, City, State, ZIP), date of birth, and e-mail address on a 3 x 5 card (each, a “Mail-In AMOE”). Each Mail-In AMOE must be placed in a single separate envelope and mailed to ________________. Multiple Mail-In AMOEs in a single envelope are not acceptable and only one Mail-In AMOE will be processed. Users located in Kentucky may request postage reimbursement by writing "Please reimburse postage" on the 3 x 5 card, which will be provided in the form of one first-class U.S. Postal Service postage stamp.
No metered mail, photocopies, reproductions, or facsimiles of the Mail-In AMOE are allowed. GFG is not responsible for lost, illegible, incomplete, stolen, lost, misdirected, mutilated or postage-due mail.
To obtain an entry into a Promotional Game via the GFG referral AMOE, Users may visit the website, login to their Account, visit their profile page and find their unique friend referral code. A User’s referral must then create an account, and use the friend referral code before entering into their first game. Once the referral code has been entered, both the User and the referral will be awarded one GFG buck valid towards any normal game. Referrals are required to enter their payment information to be fully registered in order to be eligible for their GFG Buck. Abuse of this system may result in the suspension or immediate termination of the account(s) and the revocation of any game entries current or past. The friend referral code can be found at www.giftfromgeorge.com/my-account.
From time to time, GFG will give out GFG Bucks (defined in Section 5) for free to encourage participation in the Promotional Games.
Each User who submits an approved AMOE will receive one GFG Buck that can be used to participate in a Promotional Game. Limit 10 AMOE submissions per User, per day. The odds of winning a prize in a Promotional Game depend on the number of entrants and will be the same for Users who entering using GFG Bucks or through an AMOE. For additional details regarding AMOE opportunities, please see the Official Rules.
If Users are eligible to receive a prize, GFG may require that Users provide proof that they are, or were at the time of their participation in the subject Promotional Game, eligible to participate in accordance with these Terms and that the Users’ participation was in accordance with these Terms. If a User does not provide such proof to Our reasonable satisfaction, then such User will not receive the relevant prize. If Users receive a prize in error, We may reverse or require return of the prize. Users agree to cooperate with Us in Our efforts to do this.
GFG may send Users appropriate tax forms if their prize winnings meet or exceed applicable tax reporting thresholds. Without limiting the foregoing, We may withhold from Users’ existing Account balance and/or from future winnings any amount required to be withheld by applicable laws, including amounts due in connection with their failure to complete relevant tax documentation, but Users remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws.
GFG reserves the right to disqualify any User from entering a Promotional Game, refuse to award prizes and/or require the return of any prizes if a User violates these Terms, the official rules for the Promotional Game and/or engages in conduct that GFG, at its sole discretion, deems to be unfair, improper or detrimental to GFG or its Users. Improper conduct includes, without limitation, providing false information required to complete a deposit or claim a prize; acquiring prizes through unauthorized methods such as automated scripts, bots, or other means; tampering with or abusing the GFG Services in any manner; or obtaining other User information. Users of the GFG Services acknowledge and agree that revoking prizes in no way prevents GFG from pursuing additional civil or criminal proceedings as warranted by such conduct.
The GFG Services utilize an in-game virtual currency (“GFG Bucks”). GFG Bucks may be awarded to Users by GFG, won in the Promotional Games, or purchased from GFG. Regardless of terminology used, GFG Bucks are not redeemable for cash or other items of monetary value, except where required by law. GFG reserves the right to manage, regulate, control, modify, and/or eliminate the GFG Bucks in its sole discretion and shall have no liability to Users or any third party for the exercise of such right.
Users acknowledge and agree that terms used to describe their acquisition of GFG Bucks, including, without limitation, the terms “earn,” “buy,” or “purchase” do not create an ownership interest in any GFG Bucks. GFG grants Users a limited, non-exclusive and nontransferable license, as applicable, to the GFG Bucks exclusively for use in connection with the GFG Services. GFG Bucks are deducted from the balance in a User’s Account when used in connection with the GFG Services. Users acknowledge and agree that prices for GFG Bucks may change at any time and GFG does not provide price protection or refunds. All sales of GFG Bucks are final. All GFG Bucks may be forfeited if a User’s Account is terminated or suspended for any reason or if the GFG Services are discontinued.
The GFG Bucks balance reflected in a User’s Account does not constitute a real world balance, does not reflect any stored value, does not accrue interest, is not insured, and is only an estimate. Generally, Account balances are adjusted following a purchase or redemption of GFG Bucks but there may be occasions when the updated balance is temporarily delayed, including, without limitation, when a User’s wireless connection is disrupted. GFG has no obligation to and will not reimburse Users for any GFG Bucks lost due to violations of this Agreement or as the result of any errors or malfunctions, even if caused by the negligence of GFG. Users may not sell or otherwise transfer GFG Bucks, either inside or outside of the GFG Services, except as otherwise expressly provided in this Agreement.
GFG uses third-party electronic payment processors and financial institutions (“Payment Processors”) to process payments for charitable donations and products, such as GFG Bucks, contributed or purchased via the GFG Services. The information that We provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in the GFG Privacy Policy. Users irrevocably authorize Us, as necessary, to instruct such Payment Processors to handle payments and Users irrevocably agree that GFG may give such instructions on a User’s behalf in accordance with User requests as submitted through the GFG Services. Users agree to be bound by the terms and conditions of each applicable Payment Processor, and in the event of a conflict between these Terms and the Payment Processors’ terms and conditions, then these Terms shall prevail. Users agree that GFG is not liable for any loss caused by any unauthorized use of credit cards or other methods of payment by a third party in connection with a User’s use of the GFG Services, except as a result of the gross negligence of GFG.
Subject to the terms and conditions of this Agreement, GFG grants Users a limited, non-exclusive and nontransferable license to (i) download, install and use the GFG App solely in connection with the GFG Services on mobile device owned or otherwise controlled by Users ("Mobile Device") strictly in accordance with this Agreement and (ii) access and use the GFG Services made available in or otherwise accessible through the GFG App strictly in accordance with this Agreement.
Users acknowledge and agree that Users shall not:
Users further acknowledge and agree that the GFG App is provided under license, and not sold, to Users. Users do not acquire any ownership interest in the GFG App under this Agreement, or any other rights thereto other than to use the GFG App in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. GFG and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the GFG App, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to Users in this Agreement.
The GFG App may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. Users shall not, directly or indirectly, export, re-export or release the GFG App to, or make the GFG App accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. Users shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the GFG App available outside the United States.
Users acknowledge and agree that this Agreement is solely between Users and GFG only, and not with Apple Inc. (“Apple”). Users further acknowledge and agree that:
Content within the GFG Services, including, without limitation, any technology, software products, accounts, names, logos, graphics, music, and virtual goods are owned and/or licensed by GFG and are protected by international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. GFG does not claim ownership of intellectual property owned by third parties.
Except as expressly permitted by this Agreement, Users must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material available through the GFG Services. In addition, Users must not:
Printing, copying, modifying, downloading, or otherwise using or providing any other person with access to any part of the GFG Services in breach of this Agreement may result in the termination of a User’s Account, prohibition from using the GFG Services, and/or legal action. Content owners may take criminal or civil action against Users for unauthorized use of intellectual property. Users agree to indemnify and hold GFG harmless from any unauthorized or illegal conduct by Users or through the use of a User’s Account, via the GFG Services.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available within the GFG Services in a way that may constitute copyright infringement, you may provide notice of your claim to GFG’s designated agent listed below. For your notice to be effective, it must include the following information:
GFG’s Designated Agent is:
Name: ________________
Address: ________________
Email: ________________
Phone: ________________
Fax: ________________
GFG’s designated agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring within the GFG Services. All other inquires to the designated agent will not be answered.
GFG owns or in the process of registering trademarks for its many goods and services, including, without limitation, “GIFT FROM GEORGE” and the associated graphics, logos and service marks and may not be used without prior written consent of GFG. All other trademarks, product names, and company names and logos appearing within the GFG Services are the property of their respective owners.
The GFG Services may contain message boards, chat rooms, profiles, forums, bulletin boards, and other interactive features that allow Users to post, submit, publish, display, or transmit to others content or materials (collectively, “User Content”). Users understand and acknowledge that by using the GFG Services, Users may be exposed to User Content that Users may consider to be objectionable and/or inaccurate and that their use of the GFG Services constitutes their acceptance of such risk.
All User Content must comply with the Content Standards set out in Section 9.3 of this Agreement. Any User Content Users post on or through the GFG Services will be considered non-confidential and non-proprietary. By posting any User Content on or through the GFG Services, Users grant GFG and its respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, sell, exploit, and otherwise disclose to third parties any such material for any purpose, without restriction, and without compensation to Users. Users represent and warrant that: (i) Users own or control all rights in and to their User Content; (ii) Users have the right to grant the license granted above to GFG and its respective licensees, successors and assigns; and (iii) all of their User Content does and will comply with this Agreement.
Users understand and acknowledge that Users are responsible for any User Content they submit or contribute, and Users, not GFG, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. User Content becomes public information, can be collected and used by others, and may result in the receipt of unsolicited messages from third parties. GFG discourages Users from posting any personal information that can be used to identify or locate Users, such as User addresses, e-mail addresses, or phone numbers.
IF A USER CHOOSES TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON OR THROUGH THE GFG SERVICES, SUCH USER DOES SO AT THEIR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GFG IS NOT RESPONSIBLE OR LIABLE TO ANY PERSON OR THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY CONTRIBUTIONS POSTED BY ANY USER OF THE GFG SERVICES.
GFG does not undertake a review of material before it is posted on or through the GFG Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, GFG assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. GFG has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. GFG does reserve the right, however, at its sole discretion, to take any of the following actions:
Without limiting the foregoing, GFG reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the GFG Services. USERS WAIVE AND HOLD HARMLESS GFG AND GFG PROVIDERS (DEFINED BELOW) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
User Content must comply with all applicable federal, state, and local laws and regulations. Without limiting the foregoing, User Content must not:
Users agree not to use the GFG Services for any unlawful purpose or for any purpose that is prohibited by this Agreement. Users further agree not to:
Any use of the GFG Services in violation of the foregoing constitutes a breach of this Agreement and may result in, among other things, Account termination, prohibition from using the GFG Services, and/or legal action. Users understand that any attempt to deliberately damage the GFG Services or undermine any Promotional Games and Donations may also be a violation of criminal and/or civil laws and GFG reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. If Users wish to report any abuses, inappropriate online conduct, or a violation of this Agreement, please forward all evidence of the same to support@giftfromgeorge.com. Please report responsibly.
Users expressly acknowledge and agree that use of the GFG Services is at their sole risk. Users further acknowledge and agree that the GFG Services are provided on an “AS IS” and “as available” basis. Neither GFG nor any of its parents, subsidiaries, affiliates, licensees, licensors, contractors, agents, Promotional Game sponsors, prize providers, content providers, vendors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by GFG as well their respective officers, directors, members, managers, representatives, employees, investors or the like (collectively “GFG Providers”), warrant that services affiliated with GFG, including, but not limited to, the Website and the GFG App and the services offered thereon, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GFG AND THE GFG PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GFG AND THE GFG PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GFG SERVICES, SECURITY OF THE GFG SERVICES, AVAILABILITY OF ANY GOODS, SERVICES OR OFFERINGS OFFERED ON OR THROUGH THE GFG SERVICES, OR THE INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS, INCLUDED ON OR THROUGH THE GFG SERVICES.
NEITHER GFG NOR ANY GFG PROVIDERS MAKE A WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GFG SERVICES OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICES, PROVIDED ON OR THROUGH THE GFG SERVICES. THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR THROUGH THE GFG SERVICES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. NEITHER GFG NOR ANY GFG PROVIDERS SHALL BE RESPONSIBLE FOR ANY OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE GFG SERVICES (INCLUDING, WITHOUT LIMITATION, IN ANY INTERACTIVE AREAS OF THE GFG SERVICES) BY ANY PERSON OR ENTITY OTHER THAN AN AUTHORIZED GFG REPRESENTATIVE.
NEITHER GFG NOR THE GFG PROVIDERS GUARANTEE THE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE GFG SERVICES OR ANY ASPECT THEREOF. THE OPERATION OF THE GFG SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF GFG AND THE GFG PROVIDERS. YOU UNDERSTAND AND AGREE THAT NEITHER GFG NOR THE GFG PROVIDERS SHALL BE LIABLE TO USERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GFG OR THE GFG PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE GFG SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA; (III) OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE GFG SERVICES; OR (IV) ANY OTHER MATTER RELATING TO THE GFG SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND REGARDLESS OF THE FORM OF THE ACTION, GFG’S LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY SUCH USER TO GFG FOR USE OF THE GFG SERVICES DURING THE TERM OF THEIR REGISTRATION, NOT INCLUDING ANY ENTRY FEES FOR PROMOTIONAL GAMES COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
IN THE EVENT THAT A USER RESIDES IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO SUCH USER.
GFG conducts maintenance work on its system from time to time primarily for the purpose of ensuring security and integrity. A portion, or sometimes all, of the features of the GFG Services will not be available during maintenance periods. If possible, Users will be notified of maintenance periods in advance, however, Users hereby agree that GFG may update the GFG Services with or without notifying Users. GFG also reserves the right to modify or discontinue operation of any aspect of the GFG Services at any time, including, without limitation, the availability of the GFG App, Website, Promotional Games, or any features or content thereon. GFG may also impose limits on certain features and offerings or restrict access to parts or all of the GFG Services with or without notice to Users and without liability to Users or any third party.
Users may cancel their Account and terminate their right to use the GFG Services at any time by following the Account cancellation instructions within the GFG Services or by visiting the Contact Us page located here www.giftfromgeorge.com/contact-us. If Users cancel their Account, GFG reserves the right to collect fees, surcharges, or costs incurred before cancelling the account. GFG may suspend or terminate Accounts, confiscate any Account balances in accordance with applicable law, refuse any and all current or future use of the GFG Services (and access to all related entitlements), and/or terminate Users’ limited license to the GFG App at any time, without notice, and for any reason, including, without limitation, for violation of this Agreement, illegal or improper use of an Account, or illegal or improper use of the GFG Services. GFG also reserves the right to suspend or terminate Accounts that have been inactive for one hundred eighty (180) days or longer. In the event that a User’s Account is terminated or cancelled, the User will have no further access to their Account or anything associated with it. Users can lose their username and persona in the GFG Services as a result of Account termination or cancellation. If a User’s Account is terminated by GFG, We reserve the right to determine whether to declare as void any transaction placed by such User. GFG also reserves the right to refuse to maintain an Account for, and provide GFG Services to, any individual or charitable organization.
All problems encountered during the use of the GFG Services, including those with regard to User Accounts, etc., can be reported to GFG when the problem is encountered at support@giftfromgeorge.com.
Users understand that the GFG Services may feature advertisements from GFG as well as Our third party sponsors and Users grant GFG permission to provide or direct e-mail announcements, newsletters, or any other information to Users. GFG's disclosure of information for third party advertising is addressed in the Privacy Policy, available at www.giftfromgeorge.com/privacy-policy. Additionally, any charges or obligations incurred in dealings with these third parties are the User’s sole responsibility. GFG makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from the GFG Services, and will not be liable for any claim relating to any third party content, goods and/or services. GFG is not responsible for their content, business practices, or privacy policies, or for the collection, use, or disclosure of any information those sites and services may collect. Further, the inclusion of any link does not imply endorsement by GFG of such sites or services.
As required by California Code Section 1789.3, this notice is to advise Users that (i) the GFG Services are provided by Gift From George LLC at www.giftfromgeorge.com, and that (ii) a fee may be charged for certain offerings, including, without limitation, in connection with GFG Services. GFG reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to Users. If Users have a complaint regarding the GFG Services or desire further information on use of the GFG Services, please contact support@giftfromgeorge.com.
GFG’s Privacy Policy, available at www.giftfromgeorge.com/privacy-policy, is an integral part of this Agreement and is expressly incorporated by reference. Questions regarding privacy issues should be directed to support@giftfromgeorge.com.
PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Users agree to work with GFG in good faith to resolve any dispute, controversy, disagreement or claim (“Dispute”) arising out of or relating to this Agreement or their use of the GFG Services before escalating the Dispute to binding arbitration or litigation, as addressed below. Users must give GFG an opportunity to resolve the Dispute by sending written notification to support@giftfromgeorge.com. with the subject line “DISPUTE” or mailing Gift From George LLC, Attn: _______, _________________. The written notification of Dispute must include: (i) the User’s name and address; (ii) a written description of the Dispute; and (iii) a description of the specific relief the User seeks. The parties agree to use their best efforts to resolve Disputes using this Initial Dispute Resolution process.
In the event that the parties are unable to resolve the Dispute within thirty (30) days of GFG’s receipt of the User’s written notification, then either party may initiate binding arbitration as the sole means to resolve the Dispute, subject to the terms set forth below. Specifically, all Disputes arising out of or relating to these Terms (including its formation, performance and breach), the parties’ relationship with each other and/or a User’s use of the GFG Services shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1 (800) 778-7879.
The parties further agree that arbitration shall be initiated in ______,______ and to submit to the personal jurisdiction of any federal or state court in ______,______ in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. USERS AND GFG AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties' decision to resolve all disputes through binding arbitration, either party may bring an action in a state or federal court located in ______,______ to protect or enforce intellectual property rights. Intellectual property rights include patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights. Either party may also seek relief in a small claims court located in ______,______ for disputes or claims within the scope of that court’s jurisdiction. The laws of the State of ________ shall be applied in any litigation proceedings, without regard to principles of conflict of laws. Users further agree to accept service of process by mail.
YOU HAVE THE RIGHT TO OPT-OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). Users may opt-out of these provisions by mailing written notification to Gift From George LLC, Attn:_______, _________________. The written notification must include (i) the User’s name and address and (ii) a clear statement that the User does not wish to resolve disputes with GFG through binding arbitration. A decision to opt-out of these provisions will have no adverse effect on the User’s relationship with GFG. If Users opt-out of these provisions, GFG also will not be bound by them. Any opt-out request received after the Opt-Out Deadline will not be valid and Users must pursue their Dispute through binding arbitration or small claims court.
Users agree that no joint venture, partnership, employment, or agency relationship exists between Users and GFG as a result of this Agreement or their use of the GFG Services. Users agree not to hold themselves out as representatives, agents, operators, distributors, or employees of GFG and GFG shall not be liable for any of their representations, acts, or omissions.
Users also agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
GFG may assign its rights and obligations under this Agreement and/or the GFG Privacy Policy, in whole or in part, to any person or entity at any time with or without the Users’ consent. Upon such assignment, GFG may be relieved of any further obligation hereunder. Users may not assign or delegate any rights or obligations under this Agreement or the GFG Privacy Policy without GFG’s prior written consent, and any unauthorized assignment and delegation by Users is void and ineffective.
No failure or forbearance on GFG’s part to exercise its rights or insist upon performance of obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect.
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this Agreement. No amendment or severing of any provision of this Agreement shall affect the validity or enforceability of any remaining provisions.
Users agree that they shall not circumvent or attempt to circumvent these Terms or the GFG Services or otherwise interrupt or attempt to interrupt the operations of GFG (collectively, a “Circumvention Act”). If GFG determines, at its sole discretion, that Users have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the GFG Services, then, in such an event, GFG reserves the right to institute civil or criminal proceedings against such Users and to report such Users to the relevant regulatory authorities.
Users further agree to indemnify, save, and hold harmless GFG and the GFG Providers from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of their use or misuse of the GFG Services, any violation by Users of this Agreement, or any breach of the representations, warranties, and covenants made by Users herein. GFG reserves the right, at the Users’ expense, to assume the exclusive defense and control of any matter for which the Users are required to indemnify GFG, and Users agree to cooperate with GFG’s defense of these claims. GFG will use reasonable efforts to notify Users of any such claim, action, or proceeding upon becoming aware of it. Users agree that the provisions in this paragraph will survive any termination of their GFG Account or of the GFG Services.
GFG shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
We may notify Users via postings in the GFG Services and via e-mail or any other method of communication to the contact information Users provide to Us. All questions, complaints, or claims pertaining to the GFG Services as well as any notices given by Users or required from Users under these Terms or the GFG Privacy Policy shall be in writing and directed to:
Gift From George LLC
________________
Email: support@giftfromgeorge.com
Phone: ________________
Any notices Users provide that do not comply with this Section 17.6 shall have no legal effect.
These Terms constitute the entire agreement between Users and GFG with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms or the GFG Privacy Policy will be effective only if in writing and signed by GFG.
GFG’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of GFG’s right to comply with governmental, court, and law enforcement requests or requirements relating to use of the GFG Services or information provided to or gathered by GFG with respect to such use.
THE SECTION TITLES IN THESE TERMS ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
Please visit this page regularly for updates to these Terms.