Terms of Service
EZGiftCard, Inc. and/or its affiliates, assigns, successors and/or agents (collectively “EZGiftCard,” “Company,” we,” “us,” and “our”) makes available its software and service under these Terms and Conditions (“Terms” or “Agreement”) so please read them carefully as they affect your rights. “You” and “your” refer to you, as a user of the Service or Account holder. A “user” is someone who access or in any way uses the Service or creates an Account.
BEFORE YOU PROCEED, PLEASE READ THE TEXT MESSAGING AND NOTIFICATIONS SECTION BELOW THAT YOU CONSENT TO RECEIVE TEXT MESSAGES, INCLUDING SMS AND MMS, NOTIFICATIONS, CALLS USING ARTIFICIAL OR PRERECORDED VOICE MESSAGES, AND AUTOMATIC DIALING TECHNOLOGY FOR TELEMARKETING AND ALL OTHER PURPOSES NOT PROHIBITED BY APPLICABLE LAW.
These Terms govern your access to and use of our products and services, including those offered through our mobile application (the “EZGiftCard Wallet Mobile App”), extension for desktop web browsers (the “EZGiftCard Browser Extension”), websites, communications (e.g., emails, phone calls, telemarketing, and texts) and other applications or platforms (collectively, the “Service”). By accessing or using the Service, you are agreeing to these Terms, which form a legally binding contract with EZGiftCard, Inc., a Delaware corporation with its headquarters in Austin, Texas.
BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. EZGiftCard may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND OUR PRIVACY POLICY, PLEASE DO NOT USE EZGIFTCARD OR ANY SERVICE FROM EZGIFTCARD.
DEFINITIONS
“Content” means any text, images, photos, audio, video, and all other forms of data or communication that transmits to, through, or in connection with the Service, such as ratings, reviews, comments, photos, videos, compliments, texts, invitations, friending and following activity, direct messages, and other forms of information or data that is connected with the Service.
“Account” means any personal account you create in order to access or use the Service. Your Account is for your personal, non-commercial use only, and you may only have one Account. You must be at least 13 years of age, to obtain an Account, unless a specific Service permits otherwise. You may not create or use an Account for anyone other than yourself. Account registration requires you to submit certain personal information. You will provide complete and accurate information about yourself when creating an Account when using the Service. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Consumer Account to another person. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Failure to comply with any Account rules may result in an immediate suspension or termination of your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason. Unless otherwise permitted by EZGiftCard in writing, you may only possess one Account.
CHANGES TO THE TERMS
We may modify the Terms from time to time. The most current version of the Terms will be located here. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by email, regular mail, text message, in-app messaging, or other reasonable means. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes. If you do not agree to any modification of these Terms, your sole remedy is to discontinue your use of the Service.
USER REQUIREMENTS
The Service is intended solely for user who are 13 years of age or older. If you are under the age of 13, then you are not permitted to register for an account with EZGiftCard. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to use your Account or Service unless they are accompanied and supervised by you at all times while using your Account or Service. By using the Service, you represent and warrant that you are 13 years of age or older. You may not assign or otherwise transfer your Account to any other person or entity. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, theft, or harm, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
USING THE SERVICE
To access or use the Service, you must have the power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of the Company, if the Company has banned you from the Service, if the Company has closed your Account, if you do not own a valid Account, if the Company has notified you to not use the Service, or if the Company has notified you to not use any other product or service offered by EZGiftCard.
The Company reserves the right to modify, update, interrupt, suspend or discontinue the Service at any time without notice or liability.
The Company grants you permission to use the Service subject to these Terms and your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, inaccurate, objectionable, incomplete, inappropriate, or lacks adequate warnings and risks.
The only permitted method to access or use any portion of the Service is to create and maintain a valid Account and provide certain information about yourself. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes.
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. Accurate records enable EZGiftCard to provide the Service to you. In order for the Service to function effectively, you must also keep your Account up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that EZGiftCard, in its sole discretion, may elect to take.
You agree that EZGiftCard may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant EZGiftCard a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to EZGiftCard in any way.
As a part of the EZGiftCard community, you agree and authorize EZGiftCard to collect information about the stores, merchants, or retail brands that you visit that is used to create a better user experience for you and other EZGiftCard users. Examples of this type of information includes information about the retail stores you visit and other shopping details that are used to create a better experience for you and other users. In the future we may offer personalization options in our products that utilize knowledge about what products you are interested in to present relevant content and product offers. As we explore ways to use data to build more powerful product experiences that we believe will increase your chance of time and money savings, we may provide ways to opt out of this data collection, though it may result in degraded product capabilities if such data is required to provide the product experience.
RESTRICTIONS
You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including EZGiftCard);
Violates any law or regulation or this Agreement;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of your EZGiftCard Account or anyone else’s (such as allowing someone else to log in to the Services as you);
Attempts, in any manner, to obtain the account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure) or that would bypass the navigational structure or presentation of the Service;
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
Copies or stores any significant portion of the Content;
Link to, mirror or frame any portion of the Services;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or
Circumvent, removes, alters, deactivates, degrades or thwarts any technological measure or content protections of the Service.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
TEXT MESSAGING AND NOTIFICATIONS
BY ACCESSING OR USING THE SERVICE, YOU CONSENT TO RECEIVE TEXT MESSAGES, INCLUDING SMS AND MMS, NOTIFICATIONS, CALLS USING ARTIFICIAL OR PRERECORDED VOICE MESSAGES, AND AUTOMATIC DIALING TECHNOLOGY FOR TELEMARKETING AND ALL OTHER PURPOSES NOT PROHIBITED BY APPLICABLE LAW FOR ANY ELECTRONIC OR PHYSICAL ADDRESSES THAT YOU HAVE PROVIDED IN CONNECTION WITH YOUR ACCOUNT. YOU ALSO UNDERSTAND THAT YOU MAY BE CHARGED BY YOUR PHONE CARRIER FOR CERTAIN COMMUNICATIONS SUCH AS SMS MESSAGES, MMS MESSAGES, OR PHONE CALLS. You certify that the mobile telephone numbers that you have provided to us is your personal contact number from a valid U.S. carrier in good standing. Your consent, provided by accepting these Terms and using the Service, will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. This consent for telemarketing calls and texts shall remain in effect until you revoke it. You may revoke your consent at any time. Your consent to telemarketing calls and texts may be revoked by following any of the opt-out methods described below, or by any other method that ensures we receive the revocation. You understand that providing such consent is not a condition of any good or service.
You may revoke your consent to receive marketing phone calls (calls other than to verify or service your Account or collect any amounts you may owe), by sending an email with your mobile phone number and the subject line “Opt-Out” to support@EZGiftCard.com. You may also revoke your consent and opt out to receive marketing text messages by replying STOP from the mobile device receiving the messages. You may continue to receive text messages for a short period while we process Your request, and You may also receive text, email, or other forms of messages confirming the receipt of your opt-out request.
LICENSE
Subject to your compliance with these Terms, EZGiftCard grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Services on your personal devices solely in connection with your Account; and (ii) access and use any Content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by EZGiftCard and EZGiftCard’s licensors.
THIRD PARTY INFORMATION AND SERVICES
While accessing or using the Service, you may direct EZGiftCard to interact with existing accounts you own and that are maintained online by third party companies with which you have accounts (“Third Party Accounts”) such as Facebook or other accounts you own online. EZGiftCard makes no effort to review the Third Party Accounts for accuracy, legality or non-infringement. EZGiftCard is not responsible for the products and services offered by or on third party sites. If your permission settings allow it, EZGiftCard may import information from your Third Party Accounts to help better offer the Services to you. EZGiftCard does not control the policies and practices of any third party site or service, including any Third Party Accounts you connect to the Services.
EZGiftCard cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. EZGiftCard cannot assume responsibility for the accuracy, deletion, timeliness, non-delivery or failure to store any user data, communications or personalization settings.
The Services may be made available or accessed in connection with third party services and content, including advertising and promotions, that EZGiftCard does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. EZGiftCard does not endorse such third party services and content and in no event shall EZGiftCard be responsible or liable for any products or services of such third party providers.
APPLE APP STORE AND GOOGLE CHROME WEB STORE
The following Terms apply to you if you are using the EZGiftCard Mobile App from the Apple App Store or the EZGiftCard Browser Extension from the Google Chrome Web Store. To the extent the other Terms of the rest of this Agreement conflict with the Terms of this paragraph, the Terms in this paragraph apply, but solely with respect to your use of the EZGiftCard Mobile App from the Apple App Store or the EZGiftCard Browser Extension from the Google Chrome Web Store:
You acknowledge and agree that this Agreement is solely between you and EZGiftCard, not Apple or Google, and that Apple and Google have no responsibility for the EZGiftCard Mobile App, the EZGiftCard Browser Extension, or content thereof. You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the EZGiftCard Mobile App or the EZGiftCard Browser Extension.
Your use of the EZGiftCard Mobile App and the EZGiftCard Browser Extension must comply with the applicable Apple App Store or Google Chrome Web Store Terms of Use.
To the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the EZGiftCard Mobile App, EZGiftCard Browser Extension, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement.
You and EZGiftCard acknowledge that Apple and Google are not responsible for addressing any claims of yours or any third party relating to the EZGiftCard Mobile App, EZGiftCard Browser Extension, or your possession and/or use of the EZGiftCard Mobile App or EZGiftCard Browser Extension, including, but not limited to: (a) product liability claims, (b) any claim that the EZGiftCard Mobile App or EZGiftCard Browser Extension fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
You and EZGiftCard acknowledge that, in the event of any third party claim that the EZGiftCard Mobile App, EZGiftCard Browser Extension, or your possession and use of the EZGiftCard Mobile App or EZGiftCard Browser Extension infringes that third party’s intellectual property rights, EZGiftCard, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You must comply with applicable third party terms of agreement when using the EZGiftCard Mobile App or EZGiftCard Browser Extension.
You and EZGiftCard acknowledge and agree that Apple and Google, and their subsidiaries, as applicable, are third party beneficiaries of this Agreement as its relates to your license and use of the EZGiftCard Mobile App and EZGiftCard Browser Extension, and that, upon your acceptance of this Agreement, Apple or Google (as applicable) will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
OWNERSHIP
The Services and all rights therein are and shall remain the property of EZGiftCard or the property of EZGiftCard’s licensors. Neither these Terms nor your use of the Services convey in any way or grant to you any rights: (i) related to the Services except for the limited license granted above; or (ii) to use or reference in any manner EZGiftCard’s company names, logos, product and service names, trademarks or service marks or those of EZGiftCard’s licensors.
USER CONTENT RULES
As part of the Service, EZGiftCard, in EZGiftCard’s sole discretion, allow you to from time to time to post content on various publicly available locations in the Service (“User Content”). By posting User Content, you agree to the following rules:
You are responsible for all User Content you submit to the Service.
By submitting User Content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user a non-exclusive license to access and use your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not interfere with other users using the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
You acknowledge and agree that your communications with other users via any channel of communication via the Services may be public and that you have no expectation of privacy concerning your access to and use of the Services. You are solely responsible for your communications through the Services and your interactions with other users of the Services.
PROMOTIONS
Unless otherwise noted, all EZGiftCard promotions are limited to one per user, per device during the promotional period while supplies last. In order to qualify for a promotion, users must have an active, verified Account. Promotional Cards may have an expiration date.
EZGiftCard maintains a zero-tolerance policy for users who abuse promotions through falsified or misrepresented Account or personal information or other means. All instances of abuse will result in a complete revocation of any and potentially all Promotional Cards and permanent ban from the Service. EZGiftCard reserves the right to deny promo code redemptions and enforce permanent Service and Account bans at its discretion. Such reasons include but are not limited to:
The creation of fraudulent or duplicate Accounts or user profiles using the Service
Suspected promo code abuse or any attempt to “game the system”
Identity mismatch from Payment Methods, public records, etc.
The unauthorized distribution of promo codes to new or existing users
Promotions may require additional actions in or outside of the Service such as completion of your Account profile, social media participation, etc. It is your responsibility to read all Terms outlined in this Agreement and the applicable marketing campaign information associated to the promotion. If you do not understand the Terms, it is your responsibility to contact support@EZGiftCard.com to seek clarification before you participate in the promotion.
DISCOUNTS
“Discount” or “Discounted” shall refer to incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, deals, discounted gift promotions, or discounted gift cards. Unless otherwise noted, Discounts are available to new and existing users.
Any and all gift cards purchased with a Discount are final. Any and all exceptions to this rule are at the sole discretion of EZGiftCard and will be dealt with on an individual basis.
Discounts are subject to the qualifying brand and/or gift amount advertised in the applicable marketing campaign shared via website, social media, email, push notification, SMS message, etc.
Discounts associated to a purchase must have a valid Payment Method, Account in good standing, and abide by the associated marketing campaign or promotion rules.
REFERRAL AND OTHER REWARDS PROGRAMS
Periodically EZGiftCard may make you offers to receive rewards for taking actions to promote the Service. In general, if you participate within the spirit of the program you will be rewarded. However, to protect EZGiftCard from seen and unforeseen issues we reserve the right, in our sole discretion, to withhold such consideration for any reason at any time with or without any cause. By participating in any EZGiftCard rewards program, you accept this condition. Additionally, we may choose at our sole discretion to institute a limit on how many times you can receive each type of reward. These limits will vary from program to program. If you have questions about how many times you can participate in each reward program, please contact us.
In association with reward programs you may be issued Personalized Links or messages that can issue you rewards. You agree not to promote these Personalized Links or messages through any unapproved channels which include but are not limited to: unsolicited email (SPAM), search advertising, display advertising, or any paid promotional channel. If you have questions about a specific promotional method, please contact us for permission BEFORE you begin promoting your Personalized Link. Failure to do so will result in all rewards being withheld and your account potentially being suspended.
EZGiftCard reserves the right at any time to cancel, modify, or restrict any aspect of any EZGiftCard reward program, campaign, or promotion, including any point conversion ratios, redemption offers, expiration terms, etc., and EZGiftCard reserves the right to apply such changes retroactively to rewards already accrued under any EZGiftCard reward program.
INFORMAL DISPUTE RESOLUTION
We would like an opportunity to address your concerns without a formal legal case. Before filing a claim against Company, you agree to try to resolve the dispute informally by sending an email with your mobile phone number and the subject line “EZGiftCard Dispute” to support@EZGiftCard.com. We will try to resolve the dispute informally by contacting you in writing via email. If a dispute is not resolved within 30 days of submission to the Company, then you or Company may bring a formal proceeding. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
CALIFORNIA CONSUMER RIGHTS NOTICE
California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952- 5210.
COPYRIGHT
EZGiftCard takes copyright infringement seriously and will respond to notices of alleged copyright infringement from the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Service of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for EZGiftCard’s Copyright Agent for notice of claims of copyright infringement is as follows: support@EZGiftCard.com.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND PRODUCTS AND PROMOTIONS ASSOCIATED WITH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. EZGIFTCARD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS. EZGIFTCARD MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS THIRD PARTY AFFILIATES, MERCHANTS, OR OTHER PARTIES IN CONJUNCTION WITH THE SERVICE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY SERVICE OR GOOD IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
NOTIFICATION DISCLAIMER
You understand and agree that any notifications provided to you through the Service may be delayed or prevented by a variety of factors. EZGiftCard does its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that EZGiftCard shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of an notification; or for any actions taken or not taken by you or any third party in reliance on a notification.
LIMITATION OF LIABILITY
EZGIFTCARD SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF EZGIFTCARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EZGIFTCARD’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF EZGIFTCARD SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.
INDEMNIFICATION
You agree to indemnify EZGiftCard and its affiliates and their officers, directors, employees, successors, agents and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials or content in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
TERMINATION
You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Service, and providing EZGiftCard with a notice of termination to support@EZGiftCard.com. We may, in our sole discretion, suspend, limit, or terminate your Account and your access to and use of the Services, including any and all reward balances in your Account, at any time for any reason, without notice or liability to you, including, but not limited to, if we suspect that your access to or use of the Services violates these Terms or applicable law. Upon the termination of your Account, you must cease all use of the Services, and you shall forfeit any reward balance remaining in your Account. Termination of your Account and your access to and use of the Services will not affect any of our rights or your obligations arising under these Terms prior to such termination. In the event you or EZGiftCard terminates your Account, you agree that we may retain your data, including personal and transaction information, for one year from the date of termination for audit and merchant invoicing purposes. Provisions of these Terms that, by their nature, should survive termination of your Account and your access to and use of the Services will survive such termination.
CHOICE OF LAW
EZGiftCard is based in the United States and our Services are subject to U.S. law. We make no representations or warranties that the Service is appropriate or available for use in other locations. If you choose to access or use the Service from locations outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws, rules, and regulations. The laws of the State of Texas, excluding its conflicts of law rules , govern your use of Service. Your use of the Service may also be subject to other local, state, national, or international laws. You agree that any action at law or in equity arising out of or relating to the Service or the Terms will be filed only in the state and federal courts located in Travis County, Texas, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over an suit or action or proceeding arising out of the Service (including, but not limited to, your use of the Service)
NOTICES
EZGiftCard will send all notices and other communications regarding the Services to you at the email address you provided for your Account, as may be updated by you from time to time. You will be considered to have received a notice from us regarding the Services when we send it to the email address we have in our records for you or when we post such notice on the EZGiftCard website or in the EZGiftCard Mobile App.
Except as otherwise provided in these Terms, all notices to us that are intended to have a legal effect must be delivered via email to support@EZGiftCard.com. All such notices are deemed effective upon documented receipt by us.
GENERAL PROVISIONS
We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
Except as otherwise stated in Third Party Information and Services above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
Any failure on EZGiftCard’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except pursuant to a writing executed by EZGiftCard.
If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with EZGiftCard’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and EZGiftCard as a result of these Terms, creation of an Account, or your use of the Service.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
CONTACT INFORMATION
If you have questions or comments about this Agreement, you may email us at support@EZGiftCard.com