Giftogram Recipient Terms of Service

THESE TERMS OF SERVICE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. ONCE ACCEPTED BY YOU, THESE TERMS OF SERVICE ARE A BINDING CONTRACT BETWEEN YOU AND US. PLEASE READ THEM CAREFULLY. 

THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THEY ALSO INCLUDE A CHANGE IN TERMS PROVISION.

Last modified: October 29th, 2024

Welcome. Welcome to the Giftogram website (the “Site”). We are a New Jersey corporation legally known as Telenations, Inc. doing business as Giftogram (referred to in these TOS as “Giftogram”, we, us, our or words of similar import). Giftogram provides our Giftogram Products delivery and gift-giving services (“Services”) to (a) purchasers of our Giftogram Gift Cards and/or other Giftogram Products subject to terms of service applicable to such purchasers, and (b) recipients of our Giftogram Gift Cards subject to terms of service applicable to such recipients (each, “TOS”). By “purchaser” (defined in these TOS as “Business Purchaser”), we mean a company (such as a corporation, limited liability company, association, other business entity or governmental entity) that is eligible to use our Platform and that purchases or desires to purchase Giftogram Gift Cards and/or other Giftogram Products from us as gifts to be given to employees, customers and others in a business context. By “recipient” (defined in these TOS as “Recipient”), we mean an individual or company that is eligible to use our Platform and that has received a Giftogram Gift Card or other Giftogram Product from a Business Purchaser.

Recipient TOS. These TOS apply to Recipients. If you are a Recipient, you are in the right place. If you are a Business Purchaser, please click here for the TOS applicable to you.

TOS Binding; Privacy Policy. Giftogram provides Giftogram Products and Services to Business Purchasers and Recipients (collectively “Users”) subject to the TOS applicable to such User. Each TOS constitutes a binding contract between us and the User; these TOS are binding on Recipients of our Giftogram Products and Services, and the TOS for Business Purchasers are binding on Business Purchasers of our Giftogram Products and Services. Each User’s use of the Site and our Services is conditioned on such User’s acceptance of the TOS applicable to that User. Therefore, before you may use the Site, you must read and accept all the terms and conditions of the TOS applicable to you, including those terms and conditions that are linked to these TOS. These linked terms include our Privacy Policy, which is found at https://giftogram.com/privacy-policy and which by this reference is incorporated in and made a part of these TOS (“Privacy Policy”). All collection, sharing, and use of data regarding access to the Site and use of the Services are governed by our Privacy Policy.

Acceptance. You are required to accept these TOS before you attempt to redeem any Giftogram Gift Card or use any other Giftogram Product. If you somehow bypass our click and accept method for recording your acceptance of these TOS and do not accept these TOS using that method, your use of any functionality of the Site constitutes your acceptance of these TOS, including our Privacy Policy. If you do not agree to be bound by these TOS, including our Privacy Policy, you may not use this Site or our Services.

Changes to Terms. Giftogram may revise and update these TOS from time to time in its sole discretion by posting a revised version of these TOS to the Site and sending notice of the new TOS to the latest email address you last provided to us in connection with your redemption of your Giftogram Gift Card or other Giftogram Product. Unless otherwise stated in a particular change, all changes are effective and will apply to you upon the earlier of (a) your first use of the Site with actual notice of the change or (b) 30 days after we post the change to the Site. The “Last Modified legend” appearing at the top of this page indicates when these TOS were last modified. 

Acceptance of Changes. Your continued use of the Site following the earlier of receipt of actual notice or posting of revised TOS as described above means that you accept and agree to the changes. You are expected to check these TOS frequently to learn of any changes, as they are binding on you. If you disagree with any change, you are not authorized to use our Platform and must immediately stop using it.

This Introduction constitutes a part of these TOS.

Acceptance of TOS. You must have accepted these TOS to be eligible to use the Site and Services.

Sanctions and Other Risks. You may not use the Site or the Services if (a) you are the subject of United States sanctions, (b) you are located in a jurisdiction that is subject to United States sanctions or that otherwise poses reputational, fraud, or legal risk to Giftogram, its Merchant Partners or its Charitable Donation Partners, or (c) doing so otherwise violates any Applicable Law.

Location of Recipients. You must be located in a jurisdiction supported by our Service. In this regard, we reserve the right to suspend or remove access to the Services and our Giftogram Products in any jurisdiction at any time. A list of the jurisdictions where an otherwise eligible Recipient may use our Services can be found here. If you are not located in a jurisdiction appearing on that list, you will not be able to access our Services or otherwise use the Platform.

Age Requirement. Our Site and Services are offered and available only to Users who are at least 18 years old. By using the Site, you represent to us that you and any of your employees, officers, representatives and other agents accessing the Site on your behalf are of legal age to form a binding contract with us and are authorized to access the Services and to legally bind you to these TOS and all transactions conducted under their respective usernames and passwords.

If you are not at least 18 years old or otherwise do not have the legal capacity to enter into a contract, you must not access or use our Site or Services.

By accepting these TOS, you represent to us that you satisfy all of the eligibility requirements listed above in this Section.

In addition to words and phrases defined elsewhere in these TOS, the following words and phrases have the meanings given them as provided below for purposes of these TOS:

“API” is the acronym for Application Programming Interface. APIs are mechanisms that enable two software components to communicate with each other using a set of definitions and protocols.

“Applicable Law” means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, or other requirement of any federal, state, local, or foreign government or political subdivision thereof, or any arbitrator, court, or tribunal of competent jurisdiction, applicable to these TOS or the relationship created hereby.

“Charitable Donation Partners” means the non-profit organizations that have agreed with Giftogram to accept donations from Giftogram recipients who elect to donate the value of their Gift Cards in lieu of redeeming the Gift Card to obtain a Merchant Partner’s Gift Card on the Site.

“Gift Card” means any gift card, loyalty card, incentive card, or other stored value card, whether physical or electronic. 

“Giftogram Gift Card” means the right, subject to the applicable TOS, to redeem one or more Merchant Partner’s Gift Cards, or to donate to a Charitable Donation Partner offered on the Site, in either case in an amount (in the aggregate if more than one) equal to the amount of the Giftogram Reward Credit stored therein using a Giftogram Reward Code, whether such right is evidenced by a Giftogram Reward Card or a Giftogram Reward Email.

“Giftogram Products” means a Giftogram Gift Card and any other product offered by Giftogram on the Site.

“Giftogram Reward Card” means a Giftogram Gift Card represented by a physical card.

“Giftogram Reward Code” means the unique digital code embedded in a Giftogram Reward Card or linked to a Giftogram Reward Email to enable the Recipient of such Giftogram Gift Card to obtain one or more Merchant Partner’s Gift Cards offered on the Site or to donate to a Charitable Donation Partner listed on the Site.

“Giftogram Reward Credit” means the stored value of the Giftogram Gift Card. The amount of the Giftogram Reward Credit is displayed on both the purchasing page and the redemption page of the Site.

“Giftogram Reward Email” means a Giftogram Gift Card represented by an electronic transmission such as, but not limited to, email.

“Merchant Partners” means the retailers that have agreed with Giftogram to offer their Gift Cards as redemption options for Recipients.

“Platform” means the integrated online service provided by Giftogram that enables a User to order, view, manage and redeem Giftogram Gift Cards through either a hosted website or API connection to the Service.

Giftogram provides Users with the ability to access a turn-key gifting platform for product purchases, web-to-print card customization, and digital delivery services. Giftogram includes Recipient support as well as customer implementation and account management.

Giftogram has contracted with Merchant Partners to offer their Gift Cards on the Site. Our catalog of Merchant Partner Gift Cards and Charitable Donation Partners provides you with a myriad of choices.

Giftogram is not the manufacturer of any of the goods or provider of any of the services that can be obtained by redeeming a Merchant Partner Gift Card obtained from our Site. Therefore, we make no representation or warranty of any kind regarding these goods or services, including as to whether any of these goods or services is merchantable, fit for a particular purpose or infringes on the rights of any third party. Furthermore, by agreeing to these TOS, you agree to the terms and conditions applicable to any Merchant Partner Gift Card you obtain from the Site, which typically can be found by a reference or link appearing on the back of the Merchant Partner Gift Card.

Giftogram is not the manufacturer of the goods or provider of the services that may be obtained, if any, by electing to donate the value of a Gift Card to a Charitable Donation Partner listed on the Site. Therefore, we make no representation or warranty of any kind regarding these goods or services, including as to whether any of these goods or services is merchantable, fit for a particular purpose or infringes on the rights of any third party. In addition, Giftogram does not make any warranty, guarantee or promise concerning the tax deductibility of any donation made through the Site or the tax-exempt status of any Charitable Donation Partners listed on the Site. We make no representations or warranty of any kind regarding how the value of Gift Cards donated to Charitable Donation Partners listed on the Site will be deployed by the Charitable Donation Partners or the tax impact of any such donation. We hereby disclaim any responsibility with respect to the tax deductibility of your donation. Please consult your independent legal counsel and/or tax advisor regarding any taxation matters. Furthermore, by agreeing to these TOS, you agree to any terms and conditions applicable to donations made to any Charitable Donation Partners selected from the Site.

Giftogram reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part or feature thereof) with or without notice in its sole discretion. We may discontinue the participation of certain of our Merchant Partners and/or Charitable Donation Partners on the Site and we expect to add new Merchant Partners and/or Charitable Donation Partners from time to time. You agree that Giftogram shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any particular Service, including the termination of any Merchant Partner or Charitable Donation Partner from the Site or the addition of new Merchant Partners or Charitable Donation Partners to the Site.

You agree to cooperate with us as we may reasonably require in connection with our providing the Services from our Site. This cooperation may include providing us with information about you. You agree that Giftogram will not be liable for any failure to perform or delay in providing any of the Services if such failure or delay is caused by your failure to timely cooperate with us as contemplated by this Section. 

You must first be able to access the Site if you want to use our Services. You are solely responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment and software necessary to access the Site.

The availability of the Site and the Services may be affected by occurrences beyond Giftogram’s control, such as network outages, hardware failures and incompatibility with third-party hardware or software. We do not guarantee and hereby disclaim all express and implied warranties, that our Platform will always be accessible or otherwise satisfy your requirements.

User Accounts. Recipients are not required to register with us to redeem their Giftogram Gift Card. However, you are required to accept these TOS before redeeming your Giftogram Gift Card.  See Section 9 of these TOS for a description of how to redeem your Giftogram Gift Card. 

License Grant. Subject to the terms and conditions of these TOS, Giftogram hereby grants to you a non-exclusive, limited, non-transferable license to access and make use of the Site and the Services for the sole purpose of redeeming Giftogram Gift Cards lawfully sent to you.

Reservation of Rights. Giftogram reserves all rights, including all intellectual property rights, with respect to the Site and our Services not expressly owned by you or granted to you by these TOS.

Prohibited Conduct. This license granted hereby does not include, and you are hereby prohibited from, (a) any downloading or copying of account information for the benefit of another vendor or any other third party; (b) caching, creating unauthorized hypertext links to the Site or the framing of any content available through the Site; (c) uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); (d) uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) undertaking any action that imposes or may impose (in Giftogram’s sole judgment) an unreasonable or disproportionately large load on Giftogram’s infrastructure; or (f) any use of data mining, robots, or similar data gathering and extraction tools. In addition, you may not bypass any measures used by Giftogram to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the license granted to you by Giftogram.

License Termination. Giftogram may terminate your license to use the Site and the Services at any time for any or no reason. Any such termination shall be sent by written notice to you, which may be by email to your email address last on file with us. Any such termination shall be effective immediately upon transmission to that email address. No such termination shall operate to release you from any liability to us that at the time of such termination had already occurred or that may occur after such termination because of any act or omission by you occurring prior to such termination.

Recipients redeem their Giftogram Gift Cards by copying the unique Giftogram Reward Code found in their Giftogram Reward Email or on the back of their Giftogram Reward Card. Next, they enter their unique Giftogram Reward Code on the redemption page of the Site to view their available Giftogram Reward Credits and select Merchant Partner Gift Cards or Charitable Donation Partners of their choice.

Once they find the Merchant Partner’s Gift Cards that they would like to obtain, they can make their selection and follow the instructions on screen to complete check out. Recipients will need to provide their name and email address to receive their selection. You hereby agree that all such information provided to use will be complete and accurate. Once completed, Merchant Partner Gift Cards are available and can be used online and in-store via a mobile device. Downloading a hard copy certificate is also an option.

Alternatively, recipients may elect to donate the full value or partial value of their Gift Card/s to a Charitable Donation Partner listed on the Site in lieu of redeeming the Gift Card to obtain a Merchant Partner’s Gift Card. Once you find the Charitable Donation Partner you would like to donate to, you can make a selection and follow the instructions on screen to complete check out. Recipients will need to provide their name and email address to Giftogram to make their donation. You hereby agree that all such information provided for use will be complete and accurate. Once completed, Giftogram will transfer funds donated to the Charitable Donation Partner quarterly on an aggregate basis with other donations. All donations will be made anonymously and no recipient information will be shared with the Charitable Donation Partner. Confirmation of your donation through Giftogram constitutes receipt of the donation by the Charitable Donation Partner.

All Giftogram Gift Card purchases are final when sent to the Recipient. You cannot obtain, and you agree to not attempt to obtain, cash or anything else of value for your Giftogram Gift Cards other than the Merchant Partner Gift Cards or Charitable Donation Partner donations associated with your Giftogram Gift Cards, which are subject to expiration as discussed in Section 10 below.

Giftogram Reward Emails (the digital Giftogram Gift Card) expire 12 months from order date. Giftogram Reward Cards (the physical Giftogram Gift Card) expire 18 months from order date. The expiration (if any) of the selected Merchant Partner Gift Card is dependent on the specific Merchant Partner and is identified in that Merchant Partner Gift Card’s terms and conditions, which typically can be found from the link appearing at the back of the Merchant Partner Gift Card. Giftogram has no control over the terms and conditions of any Merchant Partner Gift Card, including any expiration date. If a Giftogram Gift Card has expired or is deactivated, it no longer has any value, cannot be used, and all transactions using the Giftogram Reward Code associated with the expired Giftogram Gift Card will be declined.

Giftogram respects the intellectual property rights of others. We have adopted a policy to address copyright and trademark infringement claims arising from the use of our Site. If you believe that you have a claim for infringement of a copyright for material for which you hold the bona fide copyright and that claim arises from a third party’s use of our Site, you must first provide us with a valid notice of your claim if you would like us to act upon your copyright infringement claim. To do that, please access and carefully review the Intellectual Property Infringement Policy. Similarly, if you believe that you have a claim for infringement of a trademark for which you hold a valid trademark registered with the United States Patent and Trademark Office or for which you own United States common law rights that are national in scope and that claim arises from a third party’s use of the Site, you must first provide us with a valid notice of your claim if you would like us to act upon your trademark infringement claim. To do that, please access and carefully review our Intellectual Property Infringement Policy.

The Site may provide Users with the ability to send email messages to other Users and non-Users and to post messages on the Site. Giftogram is under no obligation to review any messages, information or content (“Postings”) posted on the Site by Users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the foregoing, Giftogram may from time to time monitor Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:

• Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
• Advertisements or solicitations of any kind;
• Impersonations of others or any kind of false information;
• Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references;
• Messages by non-employees of Giftogram purporting to speak on behalf of Giftogram or containing confidential information or expressing opinions concerning Giftogram;
• Messages that offer unauthorized downloads of any copyrighted or private information;
• Multiple messages placed within individual folders by the same user restating the same point;
• Chain letters of any kind; or
• Identical (or substantially similar) messages to multiple Recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message.

The Site or third parties may provide links to other World Wide Web sites or resources. You acknowledge that Giftogram has no control over such sites and resources and you agree that Giftogram is not responsible for the availability of such external sites or resources, nor does Giftogram endorse or is responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Giftogram shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GIFTOGRAM NOR ANY PERSON ASSOCIATED WITH GIFTOGRAM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER GIFTOGRAM NOR ANYONE ASSOCIATED WITH GIFTOGRAM REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PERMITTED BY LAW, GIFTOGRAM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GIFTOGRAM AND ITS SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE “GIFTOGRAM GROUP”) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GIFTOGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; OR (C) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU FURTHER AGREE THAT GIFTOGRAM IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OF, ON, OR THROUGH THE SITE OR THE SERVICES, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, AND RIGHTS OF PRIVACY.

GIFTOGRAM’S TOTAL LIABILITY TO YOU FOR BREACH OF CONTRACT AND FOR ANY AND ALL OTHER CLAIMS (INCLUDING TORT CLAIMS) ARISING OUT OF OR IN CONNECTION WITH THESE TOS, THE SITE OR THE SERVICES, SHALL NOT EXCEED THE VALUE OF THE GIFTOGRAM GIFT CARD RELATED TO SUCH CLAIM(S), AND GIFTOGRAM’S OBLIGATION WITH RESPECT TO SUCH LIABILITY SHALL BE TO REPLACE SUCH GIFTOGRAM GIFT CARD.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Giftogram Group and each of them from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys' fees) arising out of or relating to your violation of these TOS or your use of the Site, including any content provided by you, your use of any information obtained from the Site, your violation of any law or regulation and infringement by you (or anyone accessing the Site using your computer or other device) of any intellectual property or other right of any person or entity.

The contents of this Site, such as text, data, software, photographs, graphics, videos, music, sounds and other information and material (the “Site Material”) is protected by state, national and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. Unless indicated otherwise, all of this content is the property of Giftogram or its affiliates or business partners. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site, network, print or networked environment is strictly prohibited.

These TOS are governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflicts of law provisions.

Attempt at Informal Resolution. You agree to use your best reasonable efforts to resolve any dispute arising under these TOS without formal litigation or arbitration. If a dispute or claim arises out of or related to these TOS and we are not able to resolve some or all of the dispute or claim through normal internal discussions within sixty (60) days after such discussions commence, then such dispute or claim will be finally settled by binding arbitration in Parsippany, New Jersey, under the American Arbitration Association Commercial Arbitration Rules (the "AAA Rules") by one or more neutral arbitrators appointed in accordance with the AAA Rules. At the request of either of us, the arbitrator(s) will enter an appropriate protective order to maintain the confidentiality of information produced or exchanged in the course of the arbitration proceedings. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator(s) may also award to the prevailing party, if any, as determined by the arbitrator(s), its reasonable costs and fees incurred in connection with any arbitration or related judicial proceeding hereunder. Costs and fees awarded may include American Arbitration Association administrative fees, arbitrator fees, attorneys' fees, court costs, expert fees, witness fees, travel expenses, and out-of-pocket expenses (including such expenses as copying, postage, and courier fees).

Confidentiality of Dispute Resolution. The dispute resolution procedures contemplated by this Section 19 will be as confidential and private as permitted by Applicable Law. In this regard, you and Giftogram both agree to not disclose the existence, content, or results of any mediation, arbitration or other proceeding conducted in accordance with these TOS, and material submitted in connection with such proceedings will not be admissible in any other proceeding; provided, however, that this confidentiality provision will not prevent a petition to vacate or enforce an arbitration award and will not bar other disclosures required by Applicable Law.

Class Waiver. To the extent permitted by Applicable Law, any dispute arising out of or relating to these TOS, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. Notwithstanding any other provision of these TOS or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of this class waiver may be resolved only by a court and not by an arbitrator. The exclusive jurisdiction of such judicial proceeding shall be in the state and federal courts located within Morris County, New Jersey. By accepting these TOS, you consent to jurisdiction and venue in such forums and waive all objections to jurisdiction and venue in such forums, including objections based upon inconvenience. 

No Jury Trial. If for any reason a claim or dispute proceeds in court rather than through arbitration, you and Giftogram knowingly and irrevocably waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these TOS or your use of the Site or the Services or any of the transactions between you and Giftogram arising therefrom.

Interpretation of these TOS. Any pronoun used in these TOS shall include the corresponding masculine, feminine and neuter forms. The words “include” and “including” shall be deemed to be followed by the phrase “without limitation.” The words “herein,” “hereof,” “hereto,” “hereunder,” and similar terms shall refer to these TOS, unless the context otherwise requires. The words “shall” or “will” are intended to be mandatory in nature and the word “may” is intended to be permissive in nature. The definition of a particular defined term in these TOS will apply to that term and to its various tenses and derivatives.

Waiver. No waiver by Giftogram of any term or condition set out in these TOS shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Giftogram to assert a right or provision under these TOS shall not constitute a waiver of such right or provision.

Electronic Communications. By accepting these TOS or using the Service, you consent to electronic communications as described in the E-Sign Act, which is incorporated into these TOS by this reference.

Assignment. You may not assign or transfer any of your rights or obligations under these TOS without Giftogram’s consent. Any attempt to assign or transfer in violation of the previous sentence will be void in each instance. If you wish to assign any of your rights or obligations under these TOS, you must first email Giftogram at info@giftogram.com to obtain our permission, which may be withheld or conditioned in our absolute discretion. Giftogram may, without your consent, freely assign and transfer any of our rights or obligations under these TOS. These TOS will be binding on, inure to the benefit of, and be enforceable by you and us, our assigns and your permitted assigns.

No Third-Party Beneficiaries. Except for members of the Giftogram Group, no person or entity who is not a party to these TOS will have any right to enforce any term hereof, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of any rights or obligations under these TOS.

The Relationship Created by these TOS. Nothing in these TOS will be interpreted to make you and Giftogram partners, joint venturers, principals, agents, or employees of the other. No officer, director, employee, agent, affiliate, or contractor retained by Giftogram to perform work for you in connection with the Services will be deemed to be your employee, agent, or contractor. Neither you nor Giftogram will have any right, power, or authority, express or implied, to bind the other.

Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TOS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Severability. If any provision of these TOS is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the TOS will continue in full force and effect.

Force Majeure. Neither you nor Giftogram shall be liable for failure or delay in performing obligations (except for obligations regarding payment of money) set forth in these TOS, and neither you nor Giftogram shall be deemed in breach of such obligations, if such failure or delay is due to natural disasters or any cause reasonably beyond the control of the party in question.

Entire Agreement. These TOS constitute the entire agreement between you and Giftogram and govern your use of the Site and the Services, superseding any prior agreements between you and Giftogram with respect to your use of the Site and/or the Services. You may also be subject to additional terms and conditions that may apply when you use third-party services in conjunction with your use of the Services, and you agree that you will comply with all such additional terms and conditions.

Contact Information. If you have any questions regarding these TOS, the Site, or our Services, please contact Giftogram at info@giftogram.com. You may also contact us by writing to us at our physical address, which is:

Giftogram
77 East Halsey Rd.
Parsippany, NJ 07054