Terms of Service | EJ Gift Cards
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Terms of Service

Updated: July 18, 2022

TERMS OF USE

Alchemy Tech Solutions, Inc., D.B.A. EJ Gift Cards (“Company”) owns and operates the website ejgiftcards.com, any mobile or touch versions and any sites Company currently has or may in the future have that reference these Terms of Use (collectively the “Site“). By (a) using the Site and its services, (b) signing up for an account and/or (c) completing a purchase or sale (collectively a “Transaction”) on the Site, You agree to these Terms of Use and any additional terms applicable to certain programs in which You may elect to participate. You also agree to our Privacy Policy, incorporated herein by reference and located at https://ejgiftcards.com/privacy-policy/, and acknowledge that You will regularly visit the Terms of Use to familiarize Yourself with any updates which may occur from time to time and without notice. The Privacy Policy, together with the Terms of Use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as these “Terms”.

IF YOU DO NOT AGREE TO THESE TERMS, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY COMPANY SERVICE, PARTICIPATE IN ANY PROGRAM OR TRANSACTION, OR CONSUME OR UTILIZE ANY  OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.

PLEASE REVIEW THESE TERMS OF USE CAREFULLY; PAY CAREFUL ATTENTION TO SECTION 16 LIMITATION OF LIABILITY, SECTION 15 DISCLAIMER OF WARRANTY, AND SECTION 19 INDEMNIFICATION & RELEASE.

ONLY THOSE WHO ARE ABOVE THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH THEY RESIDE MAY USE THE SITE. NOTWITHSTANDING THE FOREGOING, UNDER NO EVENT SHOULD YOU USE THE SITE IF YOU ARE UNDER 18 YEARS OLD.

  1. About the Site

The Site is a platform through which individuals and Company, may sell and purchase specified products, currently Company may choose to sell or purchase the products listed on https://ejgiftcards.com/cards-accepted/ (collectively “Cards”, “Products”, or “SVCs”). Company may for any reason, or no reason at all, refuse to purchase any Cards from You or sell any Cards to You. Company may at any time, for any reason or no reason at all, and without any notice cease or refuse to purchase or sell any Cards. Products are distributed through Company; however, Company is not an agent of Merchants, nor are Merchants agents of Company. “Merchants” as used throughout these Terms shall mean the original issuer, seller, or retailer of any Cards.

The price at which Company chooses to conduct a Transaction may change without notice at the sole discretion of Company.

  1. Ownership of the Site

The Site itself, all content on the Site, and these Terms of Use are proprietary to Company and/or Merchants, unless otherwise specifically noted herein. By using the Site and accepting these Terms of Use: (a) Company grants You a limited, personal, nontransferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms set forth by Company; and (b) You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Site without the express permission of Company.

  1. Use of the Site

As a condition of Your use of the Site, You represent and warrant that: (a) You have reached the age of majority in the state, province, or country in which You currently reside and are 18 years of age or older; (b) You are able to create binding legal obligations; (c) You are not barred from buying, selling, or receiving Products under applicable law; (d) You shall use the Site in full compliance with these Terms of Use; (e) You have the right to provide any and all information You submit to the Site, and all such information is accurate, true, current, and complete; and (f) You will update and correct information You have submitted to the Site, including all account information, and ensure that it is accurate at all times.

  1. Access to the Site

 

Company retains the right, at its sole discretion, for any reason or without reason at all, to deny service or use of this Site to anyone. You understand that there may be interruptions to service both within and without Company control. You agree that under no circumstances shall an interruption of service give rise to any claim sounding in law or equity.

 

Your right to use the Site and account are not transferable. Any password or right given to you to obtain information or documents, or to conduct a Transaction, is not transferable and may only be used by You, on Your behalf, and for Your own benefit. You may not allow others to use Your account.

 

  1. Modification

 

Company reserves the right, within its sole discretion, and at any time, in part or in the entirety, to modify or discontinue these Terms of Use. Company may make any modification absent notice other than posting of the modified Terms of Use on this Site. Company shall post the date of the most recently modified Terms of Use on https://ejgiftcards.com/terms-of-service/.

 

Any modification shall become effective upon posting of the modified Terms of Use. If You do not agree to any of the modifications made You shall immediately close Your account and cease using the Site. You agree to revisit regularly https://ejgiftcards.com/terms-of-service/ to ensure that You remain informed of any modifications. You agree that posting the date of the most recently modified Terms of Use and posting of the modified Terms of Use is adequate notice to inform You of any modifications that may be made.

 

By continuing to use the Site, creating or maintaining an account, using the Site’s services, or taking any part in a Transaction You are accepting any modifications and the Terms of Use as modified.

 

  1. Account

Should You choose to register for an account, and should Company permit you to register for an account, You must provide a valid email address. Further, You must provide any and all information requested by Company: this may include, but is not limited to: Your name, Your date of birth, Your address, Your identification number (including passport number, or drivers license number), as well as other identifying information or proof of identity. You agree to provide complete, truthful, and accurate information in registering for an account and You recognize that You are responsible for updating and correcting any information You have to maintain Your account. You agree that You are wholly responsible to safeguard Your own account information, including Your password. You are solely responsible for maintaining the security of Your account and maintaining settings that reflect Your preferences. Company assumes that anyone using the Site or acting through Your account is You. You agree that You are fully responsible for any activities, use, Transaction made on this Site using Your account.

The Site may, but under no circumstances is obligated to, permit You to make a Transaction without an account or without logging in to Your account by using the guest checkout feature. If You make a purchase in this manner and You do not already have an account with us, Company will create an account for You based on the information provided to us in connection with the Transaction (e.g., Your name, address, e-mail address, and other transaction information). You may, in Company’s discretion, later claim this account by creating a password for the account.

The Company believes strongly in Your rights over Your information and agrees not to transfer or sell your information to third parties, except when necessary to process payments. Currently, Company uses Paypal and Coinbase to process payments and You agree transferring certain information to Paypal and Coinbase is necessary to process payments.

If You wish for Company to delete stored information relating to You, You shall have that right, and may exercise such by sending an email to [email protected]

Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including, without limitation, failure to maintain updated or correct information, will cause Your account to fall out of good standing.

  1. Conduct

All use of the Site must comply strictly with these Terms of Use. Company retains sole discretion to terminate Your access to the Site or Your account; Company may terminate Your access to the Site or Your account at any time for any reason.

The following activities are prohibited on the Site and are considered material breaches of these Terms of Use:

Submitting any content to the Site that:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that is pornographic, hateful, racist, offensive, defamatory, slanderous, libelous, tortious, harassing, profane, threatening, violent, fraudulent, misrepresentative, deceptive, or misleading.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or accounts associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Company, may in anyway harm Company or users of the Site, or expose them to liability.

Additionally, You agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without Company’s prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material, software, or program that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.
  • Purchase any Product for an unintended use or in furtherance of any illegal, tortious, or otherwise immoral purpose.
  1. Privacy

Company takes Your privacy and trust seriously. You agree to review, carefully, our Privacy Policy. Company’s Privacy Policy is subject to these Terms of Use and incorporated herein.

  1. Purchase of Products by You

Descriptions of the Products and their intended benefits or uses are provided by third parties. You agree that these are not promises, guarantees, warrantees, or representations of any kind made by Company, or for which Company may be held liable. Company is not responsible for any claims associated with or relating to products or services to be provided by Merchants.

You recognize that prices on the Site of all Products are subject to change and may be changed absent notice. Any modification to any price shall be effective upon its posting on the Site. You agree that by posting a modified price on the Site Company has provided adequate notice of the modification.

Merchants may advertise goods or services on the Site. You recognize and understand that certain products or services may require Merchants to have a current regulatory authorization, license, or certification. Company does not verify, validate, or collect evidence of any regulatory authorization, license or certification from Merchants. You agree that You are responsible to make whatever investigation You deem necessary or appropriate before purchasing any Product to determine whether: (a) Merchants are qualified to provide or perform the advertised good or service; and (b) Merchants are to provide or perform a product or service of the quality or care desired by You. Merchant is solely responsible for the care and quality of the goods and services being provided.

Company is not an education or training company; You should not rely on information posted by Company or third parties on this Site. Company will not and does not endorse any specific advice or information contained on this Site, unless otherwise specifically stated in these Terms. The Site is not an adequate substitute for independent research and education, and You agree that You shall not rely on Company for any advice contained on this Site. You shall be solely responsible for adequately obtaining information and advice relating to the Products and Merchants

Company, and any third-party payment processing company Company may utilize, retain the right, at their sole discretion, to verify any and all user information prior to processing, or causing to be processed, any purchase. Company or any third-party payment processing company, may refuse to process a purchase, or cause a purchase to be processed, as they determine may be reasonably necessary to comply with applicable law or to respond to a case of possible misrepresentation, violation of law, or breach of these Terms of Use. Company retains the right, in the alternative, to cancel purchases at its sole discretion, where Company believes it reasonably necessary to comply with applicable law or to respond to a case of possible misrepresentation, violation of law, or breach of these Terms of Use. When appropriate, Company may issue refunds for cancelled purchases.

If for some reason a Product becomes unavailable between the time of purchase and successful processing of purchase, Company will either cancel processing of purchase or cancel the purchase and Company agrees to notify You by email of such.

Company does not guarantee against pricing errors. Company retains the right, to be exercised at its own discretion and without limitation, to not process or cancel any orders placed if price was incorrectly posted on the Site. In the event that Company exercises such a right, Company will inform You by email.

Company shall only issue refunds in the event that an order is canceled and payment was processed or in the event that you inform Company within 24 hours of the processing of payment of the Triggering Event (defined below) via email at [email protected] No other circumstances shall be considered appropriate for Company to issue any refund of any kind nor shall Company under any circumstances be obligated to issue refunds for services which may be provided or available through the Site.

The following events, shall constitute “Triggering Events” where such occur within the first 24 hours following the purchase of any SVC (the “Window”), where such has/have occurred through no fault of Your own:

  • The newly purchased SVC is inactive, or has yet to be activated;
  • The balance available on the newly issued SVC differs from the balance stated on our website
  • You receive an SVC from a different vendor

Additionally, where you purchase a physical SVC and such has not arrived at the address specified by You during the Transaction process within 30 days of purchase, Company shall issue a refund.

In the event that you fail to notify Company of Triggering event within the Window, you waive any right to a refund that you might have and Company shall have no obligation to remit a refund of any sort. Company shall in no event be liable for Your failure to notify Company within the Window.

  1. Sale of Products by You.

Company may allow you to sell certain SVCs to Company (a “Sales Transaction”). In the event You take part in a Sales Transaction with Company You specifically agree to every term contained in this section and represent You have read and understand the entirety of this section.

You agree that as a condition of receiving payment (either via Paypal or Coinbase), if at any point in time after Company has paid You for such SVC and there is a change from the SVC balance from that of the balance originally specified by You to Company and Company, in its sole and absolute discretion, believes that such modification was caused by: (a) the use of the applicable SVC by You or someone You know, (b) the use of the SVC by the party who may have sold the SVC to You, (c) the use of the SVC by a party who has some relationship with You (whether that be one of friendship, agency, employment, consanguinity or professional), or (d) due to suspected fraudulent activity the Merchant places a freeze on the balance of the SVC, cancels the SVC, or otherwise limits the function of the SVC in some material way (any SVC which becomes subject to one of the foregoing, or similar restriction, a “Suspect SVC”), and the applicable Suspect SVC causes a loss, claim, judgment, damage, and/or liability (collectively, “Loss”) to Company in any way; then Company shall have complete authority to charge-back its method of payment to You for the Suspect SVCs or otherwise attempt to recuperate payment from You via Paypal or Coinbase. Further Company shall have authority to take action pursuant to Paypal’s internal dispute system; report the transaction as fraudulent to Paypal; take civil and criminal action; or take any other action allowable by law. To the extent that You have supplied Company with a account numbers, You authorizes Company to charge the applicable amount to such an account. To the extent that Company has in its possession SVC or SVC information from You for a new Sales Transaction for which Company has not yet paid, then Company has the complete authority, in its discretion to either (a) hold back its payment for such cards, or (b) deduct the applicable amount corresponding to Suspect SVCs from the new payment amount owed to You.

You shall remain responsible to issue a full refund to Company for the Company’s purchase of any Suspect SVCs. If You do not issue such a refund, then Company may use any available remedies at law and in equity to collect reimbursement from You and You shall be responsible to reimburse Company for its legal fees and costs in seeking reimbursement from You related to any Suspect SVC or Loss.

You represent that in all Sales Transactions all information You provide to Company shall be true and accurate. You agree that You shall not take any action which may result in Company receiving an SVC with less than the balance represented by You when You initiated the Sales Transaction with Company. You shall not share information relating to the SVC to any third-party, attempt to sell such information to any third-party, or otherwise make such information available to any party other than Company. Nor shall You attempt to sell any SVC to Company where you have shared information relating to that SVC with any third-party, retained information relating to the SVC, or previously sold the SVC or otherwise transferred any rights accruing through possession of SVC from Merchants issuing the SVC or interests or licenses therein.

Prior to entering Sales Transaction, You will be informed of the then-current payment terms of such proposed Sales Transaction, by finalizing Sales Transaction You agree to all then-current payment terms (including form, schedule, installments, timing, method, and terms of such payment). Further, prior to entering a Sales Transaction, Company may request additional information from You; You agree to provide Company with true and accurate responses to any requests for additional information. Company may for any reason, or for no reason at all, refuse to take part in any Sales Transaction with You.

  1. Products

Products are products of Merchants and should be used only in accordance with instructions provided for by Merchants. Merchants are solely responsible for Products’ quality, function, utility, etc. Merchant may have independent terms, conditions, or qualifications governing SVC use. In the event of conflict, these Terms do not supersede any Merchant terms, conditions, or contracts. Merchants are fully responsible for acceptance or nonacceptance of any SVC unless otherwise specifically stated herein.

You explicitly agree to and recognize that Merchants are fully and solely responsible for the care and quality of all Products and that Merchants are solely responsible for any and all damages, liability, claims, costs, injuries, or illnesses which may arise from or relate to Products, whether caused directly or indirectly, or in full or in part, (collectively “Liabilities”) which You may suffer. You herby agree to waive and release Company and any of its affiliates, subsidiaries, partners, agents, officers, directors, and employees from any Liability which may arise from or relate to Products and You herby agree to waive and release Company and any of its affiliates, subsidiaries, partners, agents, officers, directors, and employees from any Liability which may arise from or relate to any act or omission of Merchants.

By purchasing, accepting, or in any manner using any, Product, You specifically agree to any and all terms connected to, appearing on, or relating to any specific Product. This paragraph shall apply to all Products except as otherwise may be provided for or required by law.

  1. Copyright and Trademarks

The Site, as stated above, contains proprietary information and content, much of the content on the Site is copyrighted or trademarked, or otherwise protected by intellectual property laws of the United States or other jurisdictions, including and without limitation, text, software, photos, video, graphics, and the entire content of the Site. Company owns a copyright in the organization, arrangement, and selection of content on the Site. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way profit from, or otherwise exploit, any of the content contained on the Site, in whole or in part. Except as otherwise expressly stated herein or pursuant to applicable intellectual copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without express written permission of Company or the rightful owner of intellectual property is permitted.

You understand and agree that You shall not acquire any ownership rights by downloading, printing, or otherwise reproducing or transmitting, any content of the Site. Any violation of this section may result in civil or criminal penalties.

Company owns trademarks, registered and unregistered, in multiple countries. Unless expressly authorized by Company as specified in this section, Your use of any trademarked materials of Company may result in criminal or civil liability.

  1. Unsolicited Communications

 

Unless otherwise specified herein or contained in an agreement incorporated herein by reference, Company shall not accept or consider any criticism, advice, or idea of any kind relating to the Site. You agree to not send, communicate, or otherwise cause to be transmitted to Company, or its agents or employees, any unsolicited criticism, advice, or idea.

 

Any unsolicited communication which is caused to be transmitted or in any way communicated to Company shall not create any obligations of any sort on Company, nor shall such communications confer any rights to You. Company shall not have any obligation to keep or in any way preserve any unsolicited communications which it in any manner receives. You expressly agree and understand that Company shall own, and may use in any manner, any unsolicited communication it may receive. Under no circumstances shall You retain any rights or ownership interest whatsoever in any unsolicited communication You may cause to be communicated or in any way transmitted to Company. You expressly waive all claims You might have arising from or relating to any use whatsoever by Company of Your unsolicited communications.

 

  1. Copyright & Trademark Infringement Reporting Procedures

 

If You believe that any content or User Content violates Your copyright, trademark, or any other United States intellectual property law, please email [email protected] for instructions on sending us a notice of infringement. It is the policy of Company to terminate the accounts of repeat infringers.

 

 

  1. Disclaimer of Warranty

TO THE FURTHEST EXTENT AS IS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER COMPANY, NOR ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, AFFILIATES, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS WARRANT THAT THE SITE SHALL BE FREE FROM INTERUPTION, ERROR, SECURITY BREACHES, OR MALICIOUS CODES OR PROGRAMS. FURTHER NONE OF THE PARTIES LISTED ABOVE MAKE ANY WARRANTY AS TO: (A) THE ULTIMATE PRODUCTS OR SERVICES WHICH MAY BE OBTAINED THROUGH USE OF THIS SITE; AND (B) THE RELIABILITY, TRUTHFULNESS, OR ACCURACY OF ANY INFORMATION CONTAINED ON THIS SITE OR FOUND WITHIN THE CONTENT OF THIS SITE. TO THE FURTHEST EXTENT POSSIBLE UNDER APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT, OR OTHER INFORMATION CONTAINED ON THE SITE OR THE PRODUCTS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY COMPANY THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.

  1. Limitation of Liability

TO THE FURTHEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES AND ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND ARISING FROM: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE OR SUBMITTED BY YOU TO THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) THE PRODUCTS, AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM MERCHANTS OR COMPANY; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL COMPANY’S LIABILITY IN CONNECTION WITH A PRODUCT, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE PRODUCT. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY MERCHANTS OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY COMPANY THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.

  1. Electronic Communications

Should You choose to communicate with Company in any manner, whether through use of the Site, or otherwise, You consent to receive electronic communications from Company in response to, or relating to, any such communications made to Company. Further, You agree that You shall abide and be bound by all notices, disclosures, agreements or other communications that are provided to You. Any communication transmitted electronically, whether through the Site or otherwise, shall satisfy or otherwise fulfill the legal requirement that communications be in writing. Notices or communications from us shall be considered delivered and received by You upon transmission to the email address You provide to us through the Site or from which You caused to be sent Your email communication.

  1. Third-Party Websites

 

This Site contains links, inline and otherwise, to third-party websites, which are maintained by third parties. These links are provided solely for Your convenience and to increase ease of use of the Site. You understand and warrant that Company in no way endorses or has any opinion whatsoever on any content which may appear on such websites. Company expressly disclaims any representations of any kind relating to or regarding the content, truthfulness, or accuracy of any information contained on any such websites. Further Company expressly disclaims any liability which may arise from the privacy policies and practices of such third-party websites. Should You decide to access or view websites maintained by third parties, You agree and represent that You do so at Your own risk and that Company shall be held in no way liable relating to or arising from such use. You understand and agree that Company shall not be responsible or liable for any damage, loss, or liability caused by, directly or indirectly, Your use or reliance on any content contained in third party websites.

 

  1. Indemnification & Release

You agree to indemnify, defend, and hold harmless Company, its employees, agents, affiliates, subsidiaries, directors, officers, and contractors, from and against all claims or expenses, without limitation, including but not limited to, attorneys’ fees and litigation costs, connected to, relating to, or arising from all of the following as they may relate to Your use of the Site: (a) Your violation of any applicable United States law or law of a foreign jurisdiction, whether civil or criminal; (b) any intentional misconduct, Loss, deception, fraud, or tort You may commit or cause; or (c) any content You may cause to be made available on the Site.

You represent and warrant that You are solely responsible for Your interactions and communications with Company, Merchants, third parties, and any other users of the Site. To the furthest extent permitted under applicable laws, You agree to release Company from any and all claims or liability relating to any service or product provided or performed by Merchants, regardless of whether such product or service was a Product purchased through the Site. Further, to the furthest extent permitted by applicable law, You hereby release Company from any and all claims or liability relating to or arising from any act or omission of any sort by Merchants or any third party.

  1. Force Majeure

 

To the extent Company or Merchants are prevented or delayed from performing or providing, in whole or in part, any duty or obligation arising from or relating to these Terms of Use, or any agreement relating to the use of the Site, Company or Merchants shall be excused from such performance or obligation where such delay or prevention results from or is caused by any event or series of events relating to: (a) acts of God; (b) inclement weather conditions or other natural conditions; (c) civil unrest; (d) modifications or creations of United States law or regulation, including but not limited to, sanctions, embargos, trade restrictions, or anti-money laundering regulations; (e) disruptions or errors of computer systems, networks, or software; (f) riots, insurrection, war, famine, pandemics or health crises, labor disputes or strikes, rebellion, or acts of terrorism; or (g) other causes which are reasonably considered beyond the control of Company or Merchants as may be applicable.

 

  1. Assignment & Delegation

Under no circumstances may You assign any rights, benefits, or obligations arising from these Terms of Use without the express written permission of Company. Any attempted assignment that fails to comply strictly with this paragraph shall be void. Notwithstanding, Company may assign or delegate any or all of its rights or obligations arising from these Terms of Use to any third party at Company’s sole discretion.

  1. Entire Agreement

These Terms of Use and all other agreements incorporated by reference herein, without any limitation, constitute the entire agreement of You and Company. These Terms of Use and any other agreements incorporated herein by reference, or created by operation of any of the provisions of these Terms of Use, shall supersede all prior agreements between You and Company.

  1. Choice of Law and Venue

Any disputes or disagreements arising herefrom or related hereto, including any disagreements or disputes arising from or related to any agreements incorporated herein by reference, shall be governed by the laws of the State of New York, without regard to its choice of law and conflict of law principles. Any and all disputes or disagreements arising herefrom or related hereto, including any dispute arising from or related to any agreement incorporated herein by reference, shall only be brought in the federal or state courts located in New York County, New York. You and Company forever and irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for the litigation of such disputes, as such disputes may arise.

  1. Severability

In the event any term or provision of these Terms of Service is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

  1. Survival

Termination of these Terms of Service shall not affect the rights or obligations arising herefrom or related hereto, contained in sections 9, 10, 11, 13, 15, 16, 19, 18, 23, and 24.

  1. Miscellaneous

Section headings used herein are for convenience and shall be of no legal effect.