Overview

This website is operated by GiftTitan.com LLC. Throughout the site, the terms "we", "us" and "our" refer to GiftTitan.com LLC. GiftTitan.com LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1 – Online Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 – Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 – Monetization of Web Links

Some links from GiftTitan.com LLC to third party ecommerce sites are monetized by third party services. GiftTitan.com LLC receives compensation for providing a platform with content that helps to pair buyers with the right item from the right merchant for the gift recipient. This monetization is automatic and transparent and does not affect the item price. This disclosure is provided in accordance with the United States Federal Trade Commission’s 16 CFR § 255.5

Section 5 – Disclosure of Affiliate participation

GiftTitan.com LLC is an affiliate in several affiliate advertising programs including but not limited to the Amazon Services LLC Associates Program, Prosperent Affiliate Online Program and Viglink Merchant Affiliate Program, all advertising programs designed to provide a means for publisher sites to earn fees by linking to the respective participating merchants.

Section 6 – Intellectual Property

  • The Site and its original content (with the exception of User Content) features and functionality are and will remain the exclusive property of GiftTitan.com LLC and its licensors. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from GiftTitan.com LLC.
  • The Service is protected by copyright, trademark, and other laws of the United States and other applicable countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of GiftTitan.com LLC..
  • GiftTitan.com LLC intellectual property includes but is not limited to the following:
  • GiftTitan Logo- The mark consists of the wording "GiftTitan," with the second letter "T" incorporating the image of a Giftbox wrapped with a bow (U.S. Reg. 4,902,508)
  • GiftTitan Proprietary System provisional utility patent filing (U.S. Provisonal Patent Application No. 62/160,389)

Any other trademarks, service marks, logos, trade names, and any other proprietary designations contained on the Service are the sole property of their respective parties.

Section 7 – Chip-in Feature

The Chip-in feature is offered as a convenience to GiftTitan.com LLC customers as an entry point into PayPal as a means to facilitate crowdfunding for a hopeful recipient to achieve a personal fundraising goal in the name of product(s) on the recipient’s wishlist. Recipients have no obligation to purchase the associated gift item and GiftTitan.com LLC has no obligation to monitor this activity. Any reliance upon the Pay Pal service and products is at Customer's risk, and GiftTitan.com LLC shall not be responsible to Customer or any third party for any liability arising from or related to the use of the Pay Pal service and products. GiftTitan.com LLC reserves the right to freeze or close any account suspected of fraudulent activities or connected to terror or money laundering activity. Accounts may be frozen at the sole discretion of GiftTitan.com LLC or Pay Pal until a review has been conducted and the validity of the account is confirmed.

Section 8 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 9 – Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 10 – User consent to receive electronic communication

GiftTitan.com LLC may use your email address to send you emails which are core to the service including but not limited to invites to follow lists and participate in crowdfunding campaigns, reminder emails initiated by the site and other users, password reset emails, user product purchases and adds, requests for shipping information, and reporting of Paypal email address inaccuracies. GiftTitan.com LLC may also send other messages, including information about GiftTitan.com services and special offers from the company, its affiliates and partners.

Section 11 – Monitoring user generated content

  • GiftTitan.com LLC does not pre-screen User Content or Accounts. GiftTitan.com LLC has the right, but not the obligation, to monitor use of the Site or to review or edit any User Content, and has the right to do so for the purpose of operating the Site; investigating, and enforcing possible violations of these Terms of Use; or to comply with applicable laws or the order or requirements of a court, administrative agency, or other governmental body.
  • GiftTitan.com LLC may remove any User Content at any time, with or without cause, with or without notice. Additionally, GiftTitan.com LLC reserves the right to disable access to the Site, or terminate or suspend a Member’s Account, at any time, with or without cause, with or without notice. If GiftTitan.com LLC terminates or suspends your Account for any reason you will not create another Account or otherwise attempt to access your Account without first receiving GiftTitan.com LLC express written permission to do so.
  • Any suspension or termination of your Account or other access to the Site, whether byGiftTitan.com LLC or you, will not affect your obligations to GiftTitan.com LLC under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

Section 12 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Section 13 – Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on our website We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 14 – Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 15 – Disclaimer of Warranties; Limitations of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall GiftTitan.com LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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, our liability shall be limited to the maximum extent permitted by law.

Section 16 – Indemnification

You agree to indemnify, defend and hold harmless GiftTitan.com LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 17 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 18 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and accordingly may deny you access to our Services (or any part thereof).

Section 19 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 20 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 1 Annie Pl Stamford Connecticut United States 06902.

Section 21 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 22 – Contact Information

Questions about the Terms of Service should be sent to us at rodd@gifttitan.com.