Welcome to LocalGiftCards.com, a website owned and operated by Smart Transaction Systems, Inc.
The following is an Agreement between you and LocalGiftCards.com, LLC ("LocalGiftCards.com") which governs the use of this web site and any web page which is a part of this web site and your purchase of any product or service through the use of this web site.
1. ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Your use of this web site, including visiting any page which is a part of this web site, and your purchase of any product or service through the use of this web site constitute your acceptance of the terms and conditions of this Agreement. You understand and acknowledge that your use of this web site and your purchase of any product or service through the use of this web site are conditioned on your prior acceptance of the terms of this Agreement. You agree to use this web site solely in accordance and compliance with the terms of this Agreement.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS WEB SITE OR VISIT ANY PAGE WHICH IS A PART OF THIS WEB SITE OR PURCHASE ANY PRODUCT OR SERVICE THROUGH THE USE OF THIS WEB SITE. THIS AGREEMENT CONTAINS DISCLAIMERS AND LIMITATIONS OF WARRANTIES AND LIABILITIES AND PROVISIONS REGARDING WHERE A LAWSUIT MAY BE BROUGHT.
2. MODIFICATIONS OF THIS AGREEMENT.
LocalGiftCards.com reserves the right, in its sole discretion, to modify and amend this Agreement in any manner at any time by posting a change notice or new agreement on LocalGiftCards.com. Your continued use of this web site and the purchase of any product or service through the use of this web site constitute your prior acceptance of the terms of such change notice or new agreement.
3. PROPER USAGE.
You agree to use this web site, and to purchase products and services through the use of this web site, only for your own personal, noncommercial use unless you are in an express business relationship with LocalGiftCards.com. You agree not to use this web site (a) in any unlawful manner or in any manner that creates civil or criminal liability on the part of LocalGiftCards.com or is otherwise harmful to LocalGiftCards.com; (b) in any manner that could damage, disable, overburden, impair, impede, disrupt, or alter this web site; and (c) in any manner that would interfere, impair, impede, or disrupt the use of this web site by any third party.
You agree not to post on or transmit through this web site any material that is unlawful; libelous; constitutes an invasion of privacy; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; sexually explicit; profane; hateful; racially, ethnically, or otherwise objectionable in any manner; constitutes a breach of your contractual and/or fiduciary obligations; infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright or other proprietary or property rights; or, contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment.
LocalGiftCards.com reserves the right in its sole discretion to prohibit any conduct, communications, content, or use of this web site, and to remove any content or communications, which in its sole discretion it finds objectionable or unacceptable in any manner.
4. INTELLECTUAL PROPERTY RIGHTS.
A. LocalGiftCards.com, the LocalGiftCards.com logo and the logos of merchants represented on this web site are trademarks or registered trademarks owned by LocalGiftCards.com or merchants represented on this web site. Other trademarks, registered trademarks, trade names, product names, corporate names, graphics and logos used on this web site are owned by their respective owners. All rights in and to such trademarks, registered trademarks, trade names, product names, corporate names, graphics and logos are reserved to their respective owners. No license or permission is given to you to use such trademarks, registered trademarks, trade names, product names, corporate names, graphics or logos in any manner.
B. The copyright in this web site, the content of this web site, and software utilized in this web site are owned by LocalGiftCards.com. and its suppliers and licensors. All rights in and to such copyrights are reserved to their respective owners. No license or permission is given to you to use such copyrighted material in any manner.
C. You may not remove, modify, or alter in any manner any notice regarding copyright, trademark, proprietary rights, warranty information, disclaimers, or warnings which are included in or on this web site or any service or product offered for use or sale through this web site.
D. THE USE OF THIS WEB SITE, THE CONTENT OF THIS WEB SITE, THE SOFTWARE UTILIZED BY THIS WEB SITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE, EXCEPT AS EXPRESSLY PERMITTED, IS STRICTLY PROHIBITED AND SHALL CONSTITUTE AN INFRINGEMENT ON THE INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS OF LOCALGIFTCARDS.COM AND ITS LICENSORS OR SUPPLIERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
5. CONTENT SUBMITTED BY YOU.
You agree that all content submitted by you for inclusion, use or distribution on this web site shall be in accordance with and in compliance with the Proper Usage requirements contained in Section 4 of this Agreement.
By submitting content to LocalGiftCards.com for inclusion, use or distribution on this web site, you warrant, represent, and agree that (a) you have the authority to grant the rights to such content which are being granted hereunder; (b) you own and/or control all rights in and to such content; and (c) such content is in compliance with the Proper Use requirements contained in Section 4 of this Agreement.
You will be solely responsible and liable for any claims, costs, and damages arising from any infringement of copyright, trademark, patent or other proprietary rights and any other claims, costs, and damages arising from LocalGiftCards.com's inclusion, use or distribution of all content submitted by you. LocalGiftCards.com neither assumes, has, or will have any responsibility or liability for any claims, costs, and damages arising from any infringement of copyright, trademark, patent or other proprietary rights or any other claims, costs, and damages arising from LocalGiftCards.com's inclusion, use or distribution of all content submitted by you.
You hereby grant to LocalGiftCards.com, and its affiliated, subsidiary and related companies, a royalty-free, perpetual, irrevocable, unlimited, worldwide right and license to use, reproduce, publish, translate, sublicense, copy, and distribute all such content submitted by you, in whole or in part, and/or to incorporate such content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content.
6. CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT.
LocalGiftCards.com recognizes and respects the importance of intellectual property rights and endeavors to take all steps to protect the intellectual property rights of others. If you believe that this web site, the content of this web site, software utilized on this web site, or any service or product available for use or sale through this web site constitutes an infringement of your copyright, trademark, patent or other proprietary or contractual rights, please advise LocalGiftCards.com immediately by sending written notice specifying all elements of your claim of infringement to:
LocalGiftCards.com, LLC2500 30th Street
Suite 303
Boulder, CO 80301
7. DISCLAIMER OF WARRANTY; DISCLAIMER OF CONSEQUENTIAL DAMAGES; INDEMNIFICATION; AND LIMITATIONS ON LOCALGIFTCARDS.COM'S LIABILITY.
THIS WEB SITE, THE CONTENT OF THIS WEB SITE, THE SOFTWARE UTILIZED BY THIS WEB SITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS AND LOCALGIFTCARDS.COM MAKES NO WARRANITES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIS WEB SITE, THE CONTENT OF THIS WEB SITE, THE SOFTWARE UTILIZED BY THIS WEB SITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE.
LOCALGIFTCARDS.COM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON LOCALGIFTCARDS.COM'S PART RELATING TO THIS WEB SITE, THE CONTENT OF THIS WEB SITE, THE SOFTWARE UTILIZED BY THIS WEB SITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE, AND LOCALGIFTCARDS.COM NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR LocalGiftCards.com ANY OTHER LIABILITIES OR OBLIGATIONS.
LOCALGIFTCARDS.COM MAKES NO WARRANTY OR REPRESENTATION, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE TRUTH, ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTAINED ON THIS WEB SITE, IN THE CONTENT OF THIS WEB SITE, OR IN OR ON ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE.
LOCALGIFTCARDS.COM MAKES NO WARRANTY OR REPRESENTATION, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, THAT THE OPERATION OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS WEB SITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER CODE, SCRIPTS, ROUTINES, FILES OR PROGRAMS DESIGNED TO ALTER, INTERRUPT, IMPEDE, LIMIT OR DESTROY THE PERFORMANCE AND/OR FUNCTIONING OF ANY SOFTWARE, HARDWARE, OR OTHER EQUIPMENT.
LOCALGIFTCARDS.COM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR DAMAGE TO ANCILLARY OR ATTACHED EQUIPMENT OR COMPONENTS THEREOF OR FOR LOSS OR NON-RECOVERABILITY OF ANY DATA OR STORED INFORMATION.
LOCALGIFTCARDS.COM SHALL HAVE NO LIABILITY TO ANY THIRD PARTY ARISING FROM YOUR USE OF THIS WEB SITE, THE CONTENT OF THIS WEB SITE, THE SOFTWARE UTILIZED BY THIS WEB SITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE.
SOME STATES DO NOT ALLOW FOR EXCLUSION OF AND/OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
YOU AGREE TO, AND HEREBY DO, INDEMNIFY AND HOLD LOCALGIFTCARDS.COM HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES, TO ANY THIRD PARTY ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS WEB SITE, THE CONTENT OF THIS WEB SITE, THE SOFTWARE UTILIZED BY THIS WEB SITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE.
YOU AGREE TO, AND HEREBY DO, INDEMNIFY AND HOLD LOCALGIFTCARDS.COM HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES, ARISING FROM YOUR BREACH OF OR DEFAULT UNDER THE WITHIN AGREEMENT.
8. APPLICABLE LAW, JURISDICTION AND VENUE.
This web site is created, controlled, owned and operated by LocalGiftCards.com in the state of Colorado. The laws of the state of Colorado shall govern and control this Agreement, the performance of each party under this Agreement, your use of this web site, and your purchase of services and products through your use of this web site. You and LocalGiftCards.com each hereby consent to the exclusive personal jurisdiction and subject matter jurisdiction of any of the courts in the state of Colorado, whether federal or state, for any purpose or matter pertaining directly or indirectly to this Agreement, any purpose or matter arising from or in connection with the performance of this Agreement, any purpose or manner arising from or in connection with your use of this web site, and any purpose or manner arising from or in connection with your purchase of services and products through your use of this web site. You and LocalGiftCards.com each agree that any action or proceeding commenced for any purpose or matter pertaining directly or indirectly to this Agreement, any purpose or matter arising from or in connection with the performance of this Agreement, any purpose or manner arising from or in connection with your use of this web site, and any purpose or manner arising from or in connection with your purchase of services and products through your use of this web site shall be commenced and maintained only in a court in the state of Colorado.
9. THIRD PARTY CONTENT, LINKS, PRODUCTS AND SERVICES.
You understand and acknowledge that this web site and certain content available via the use of this web site may include materials from third parties, including users, and that LocalGiftCards.com may provide links to certain third party web sites. You acknowledge and agree that LocalGiftCards.com is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. LocalGiftCards.com does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or programs of third parties. Links to other websites are provided solely as a convenience to you.
Certain products and services available for purchase and use through the use of this web site are subject to separate license, terms of use and other agreements. You agree that your use or purchase of such products and services shall be and is subject to the terms and conditions of such license, terms of use or other agreement and that you shall comply with the terms and conditions of such license, terms of use, or other agreement.
10. COMPLIANCE WITH U.S. EXPORT LAWS.
You agree to comply with the provisions of all applicable U.S. customs and other laws relating to the export and re-export of certain technology and other information and materials and not to sell, export, distribute, or transfer in any manner, electronically or otherwise, any products purchased through the use of this web site or any content or other materials contained on this web site or employed by this web site.
11. RISK OF LOSS.
The risk of loss for and title to all products purchased by you through the use of this web site passes to you upon our delivery to the carrier.
12. DESCRIPTIONS OF PRODUCTS AND SERVICES.
The products and services offered for sale through the use of this web site contain descriptions that are provided by LocalGiftCards.com's suppliers, vendors, and licensors. LocalGiftCards.com does not warrant or represent that such descriptions are complete and accurate.
IF A PRODUCT OR SERVICE PURCHASED BY YOU THROUGH THE USE OF THIS WEB SITE IS NOT AS DESCRIBED ON THIS WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT USE SUCH PRODUCT OR SERVICE AND TO RETURN ANY SUCH UNUSED PRODUCT IN RETURN FOR A REFUND TO YOU OF THE PURCHASE PRICE.
13. PRICING.
A. The "Retail Price" listed for products and services offered for sale through the use of this web site represents the full retail price listed on the product, the retail price suggested by LocalGiftCards.com's suppliers, vendors, or licensors, or the retail price as estimated in accordance with standard practice. Such "Retail Price" is a comparative estimate only and may not represent the prevailing retail price in every geographical location at a particular moment.
B. The purchase price for products and services offered for sale through the use of this web site may increase or decrease between the time an item is placed in your shopping cart and the time the purchase of such item is actually made by completion of the check out process. You will be responsible for the payment of the purchase price in effect at the time the purchase of an item is actually made by completion of the check out process.
C. The purchase price for products and services offered for sale through the use of this web site may be incorrectly stated on the web site. In the event the purchase price for an item is incorrectly stated, LocalGiftCards.com may, in its sole discretion, (i) contact you for instructions before shipping the item and charging you for such item; (ii) cancel the order and notify you of the cancellation; or (iii) ship the item to you at the lower of the incorrectly stated price or the actual purchase price.
This Pricing Policy only applies to products and services sold and shipped directly by LocalGiftCards.com. Products and services sold by third parties through the use of this web site are subject to the pricing policies of such third parties.
14. AGE OF USER.
If you are under the age of eighteen (18) years, you may use this web site and purchase products and services through the use of this web site only with the involvement and under the supervision of a parent or legal guardian.
15. TERMINATION OF USAGE.
LocalGiftCards.com shall have the right at any time, with or without cause, and with or without notice to you to (i) cancel any order; (ii) terminate or suspend your right to use or access this web site; or (iii) terminate or suspend your right to purchase any product or service through the use of this web site.
16. YOUR ACCOUNT.
In order to purchase products or services through the use of this web site, you must establish an account with LocalGiftCards.com. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of this web site that occur under your account or your account password.
You acknowledge and agree that LocalGiftCards.com may access, preserve, and disclose your account information, all content submitted by you, all communications to and from you, all information relating to your use of this web site, and all information relating to the use of this web site under your account or account password if LocalGiftCards.com is required to do so by law or legal process or if LocalGiftCards.com determines, in its sole discretion, that such action is necessary to protect the rights of LocalGiftCards.com, third parties, and other users of this web site or for purposes of responding to your request for customer service.
17. ELECTRONIC COMMUNICATIONS.
You consent to receive electronic communications from LocalGiftCards.com either in the form of email sent to you at the email address listed on your account or by communications posted on this web site. You acknowledge and agree that any electronic communication in the form of such email or posting on this web site shall satisfy any legal requirement that such communication be in writing.
18. NOTICES.
All notices to you will be sent by email to the email address listed on your account or by first class mail, postage prepaid, to you at the mailing address listed on your account. All notices to LocalGiftCards.com shall be sent by email to customerservice@GiftCadGreatness.com
19. MISCELLANEOUS PROVISIONS.
All terms, covenants, and conditions contained herein are severable and in the event any of them shall be held to be invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid term, covenant, or condition were not contained herein.
Headings used in this Agreement are for convenience only and shall not affect the interpretation or construction of this Agreement.
Any failure by LocalGiftCards.com to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of LocalGiftCards.com to enforce the provision at any subsequent time.
The remedies reserved in this Agreement shall be cumulative and in addition to any other remedies provided in law or equity.