TERMS OF SERVICE

Welcome to GIFUTO, owned and operated by Princeton Logic LLC. (hereafter referred to as “Princeton Logic”, “Gifuto”, We”, “Us”, or “Our”). By using this Site, you agree to comply with and be legally bound by the following terms of use ("Terms"), whether or not you become a registered user of the Services. Please review the following terms carefully. If you do not agree to these terms, you have no right to use this site. Failure to use this Site in accordance with the following terms of use may subject you to civil and criminal penalties. The Site is intended for people who are at least 18 years old.  If you are under the age of 18, please do not access this Site.

Princeton Logic reserves the right to modify these Terms at any time without notice. Any change to these Terms will be effective when the updated Terms are posted on the Site. You can find the current version of the Terms at any time by clicking “terms” link at the bottom of the website. By continuing to access the Site or use the Services on or after the date new Terms are posted, you agree to be bound by the most recent version of these Terms. Princeton Logic reserves the right to modify the Site or terminate your access to the Site, in whole or in part, at any time, with or without notice.

Buying an eGift card

Upon purchasing an eGift card, you will be charged for the value of the eGift and may be charged fees for processing, printing, and shipping and handling, as applicable (together, the "Purchase Fees").

You authorize Princeton Logic to charge your credit card, debit card, or other form of payment. You are responsible for the timely payment and for providing Princeton Logic with a valid form of payment.

Princeton Logic and our payment processor(s) reserve the right to deny or cancel any purchase made on the Site. Once your purchase has been made, the funds associated with your purchase are directly transferred to a pooled account at our bank. The funds associated with your Gift will be held by Us until the Recipient redeems the Gift.

Refund: All sales are final.

Redeeming an eGift card

You may only redeem the eGift card at the specific merchant for which the card was initially purchased. However, you have the option to transfer the eGift card to another local business, subject to a fee, provided that the business is registered with Gifuto.

Security Measures

To protect against illegal or detrimental activity and to protect merchants and consumers, we reserve the right, at its sole discretion, to withhold amounts in certain circumstances including, but not limited to, frequent purchases for a single recipient using a single credit card and/or large amounts outstanding for a Merchant and/or whereby Merchants are not easily identifiable as legal entities with ongoing transparent business operations.

Our Rights

We reserve the right to decline to provide the Service to any person for any reason. If information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Service. We reserve the right to close an Account or take other appropriate actions if the merchant violates any of the Terms in whole or part or engages in any conduct, we deem inappropriate.

Privacy & Security

Your privacy and security are paramount. Refer to our general Privacy Policy at  www.gifuto.io/privacy, incorporated by reference in these Terms. You agree to abide by all terms set forth in the Privacy Policy, and your information will be treated in accordance with it. We implement measures to secure your personal information, but you acknowledge providing your information at your own risk, and we shall not be liable for unauthorized access.

Third-party Content

In using our Services, you may encounter Third-Party Content. We do not control or assume responsibility for Third-Party Content, and you must evaluate and bear all risks associated with your exposure to it.

Interacting With Our Services

Use of the Service requires internet access and specific software, for which you are responsible. If using a mobile device, you are subject to your agreement with your mobile device manufacturer and carrier, with charges from your mobile carrier being solely your responsibility.

Electronic Contracting

Your use of the Service requires you to enter into agreements and to make transactions electronically. You acknowledge that your using of the Service constitute your agreement and intent to be bound by such agreements. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter on this Site, including notices of cancellation, policies, contracts, and applications. To access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Interacting with Other Members

You are solely responsible for your interactions with other users of our Service. We will not be responsible for any damage or harm resulting from your interactions with other users of our Service. We do not confirm any user's purported identity. We do not endorse any persons who use or register for our Services. We do not investigate any user's reputation, conduct, morality, criminal background, or verify the information that any user submits to the Site.

By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Princeton Logic. You release Princeton Logic from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site. Princeton Logic is not liable for any User Content.

Intellectual Property

The Service, including graphics, user interface, audio and video clips, is proprietary and protected by applicable laws. You agree not to use such materials in any way except for Service use in compliance with this Agreement.

Fraud, Abuse, and Harm

We may share information with law enforcement if your account is suspected of unauthorized, illegal, or criminal activity.

Termination

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information in such accounts and (c) bar your access to any of such information or Services.

Legal Compliance

You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.

Restrictions, Limitations, Reporting Requirements, and Warranties

If you use our services, you do so at your sole risk. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that (a) our services will meet your requirements; (b) our services will be uninterrupted, timely, secure, or error-free; (c) any information that you may obtain through our services will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through our services will meet your expectations; or (e) any errors in any data or software will be corrected.

If you access or transmit any content through the use of our services, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage arising out of such access or transmission. No data, information or advice obtained by you in oral or written form from us or through or from our services will create any warranty not expressly stated in these terms.

Taxes

Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors.

Governing Law

These Terms shall be interpreted in accordance with the laws of the State of New Jersey and the United States of America, without regard to conflict-of-law principles.

Limitation on Liability

We shall not be liable for damages of any kind (including, but not limited to, any direct, incidental, general, special, consequential, exemplary or punitive damages) even if we have been advised of the possibility of such damages, arising from or relating to: (a) the use or inability to use our services; (b) harm or damage to your property as a result of using our services; (c) disclosure of, unauthorized access to or alteration of your content; (d) any harm to you caused in whole or part by a third party, including but not limited to another user of the services; (e) statements, conduct or omissions of any user or other third party on our services; or (f) your or anyone else's conduct or acts in connection with the use of the services, including without limitation from interactions with other users of our services or persons introduced to you by our services, whether on-line or off-line. We shall not be liable for any failure or delay in performing under these terms due to causes beyond our reasonable control, including but not limited to acts of nature and power, internet, and email discontinuity. In no event will our aggregate liability to you or any third party in any matter arising from or relating to with our Services or these Terms exceed the sum of one hundred U.S. dollars ($100).

Force Majeure

We shall not be liable for any loss, expense, failure to perform, or delay caused by failure of communication systems, accidents, strikes, fire, flood, war, riot, civil strife, terrorist attack, earthquake, power outage, funds transfer system or government rules, acts of third parties, or any cause that is beyond our reasonable control.

Indemnity

You will indemnify, defend and hold us harmless (and our respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our terms and conditions; (b) your wrongful or improper use of the Service; (c) any transaction submitted by you through the Service (including without limitation the accuracy of any product information that you provide or any claim or dispute arising out of products or services offered or sold by you); (d) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (e) your violation of any law, rule or regulation of the United States or any other country; or (f) any other party's access and/or use of the Service with your unique username, password or other appropriate security code.

Disputes

Except as expressly provided in this Agreement, these terms are a complete statement of the agreement between you and Princeton Logic and describe the entire liability of Princeton Logic and its vendors and suppliers and your exclusive remedy with respect to your access and use of the Service. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Princeton Logic’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. We will not be responsible for failures to fulfill any obligations due to causes beyond its control. In the event of a conflict between this Agreement and any other Princeton Logic agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. Headings in this Agreement are included for convenience only and shall not be considered in interpreting this Agreement.

Arbitration

You agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and by accepting these terms, you are waiving the right to a trial by jury or to participate in any class action or representative proceeding. you agree to give up your right to go to court to assert or defend your rights under this contract. Your rights will be determined by a neutral arbitrator and not a judge or jury.

Limitation on Time to Sue

Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law must commence within one year after the cause of action accrues.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by Princeton Logic without restriction.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions of this Agreement.

Miscellaneous

Princeton Logic reserves the right to take steps we believe are reasonably necessary or appropriate to enforce or verify compliance with any part of this Agreement. You agree that Princeton Logic has the right, without liability to you, to disclose any registration data and other Account information to law enforcement authorities, government officials, or a third parties, as Princeton Logic believes is reasonably necessary or appropriate to enforce or verify compliance with any part of this Agreement. Princeton Logic is not responsible for any typographical errors.