Effective Date: February 28, 2022
By using this Site, you represent and warrant that you are at least 18 years of age or are of the legal age in your jurisdiction necessary to form a binding contract with RightGift (the “Minimum Age“), whichever age is higher. If you are under the Minimum Age, you may not use or access the Site unless explicitly authorized by RightGift. If RightGift discovers or has any reason to suspect that you are not at least the Minimum Age, RightGift reserves the right to suspend or terminate your access to the Site immediately and without notice.
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
By posting User Contributions, you represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not RightGift, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. RightGift is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
RightGift not undertake to review material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, RightGift assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. RightGift no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. RightGift does not have an obligation to respond to complaints or investigate complaints, except as explained below in Section 3.4.
RightGift reserves the absolute right to:
Without limiting the foregoing, RightGift has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS RIGHTGIFT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
By posting or contributing User Contributions, feedback, testimonials, suggestions, ideas, or making other submissions to RightGift, you are granting RightGift and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, royalty-free, perpetual, irrevocable and worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material, in connection with the operation of the Services and for any other purpose. RightGift has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you. You acknowledge and agree that such rights are granted without paying you any compensation and without any further obligations or restrictions.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) and all Services are owned by RightGift, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Accessing the Site does not authorize you to use RightGift's name, logo, trademark, or service mark (“RightGift's Marks“). You agree not to display or use RightGift's Marks in any manner without RightGift's prior permission, including but not limited to as a part of a domain name or any other identifier. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Site does not mean that RightGift has any relationship with that third party or that the third party endorses RightGift or its Services.
You do not have permission to copy, reproduce, distribute, republish, download, display, post electronically or mechanically transmit, record, mirror, or photocopy any of the Site's content without prior written permission of RightGift or the content's owner.
By accessing the Site RightGift grants you a limited, personal, non-exclusive, non-commercial, non-transferable license to access and use the Services as provided by RightGift solely for your personal use and enjoyment in the manner permitted by these Terms. You are prohibited from any unauthorized access, distribution, reproduction, modification, download, storage, copying, retransmission, publication, sale, exploitation (commercial or otherwise), creation of derivative works of, public display of, or any other form of transfer of any portion of the Site or Services, including but not limited to all content, services, digital products, tools or products, and any other acts engaging in unlawful or inappropriate conduct using the Services.
Pursuant to 47 U.S.C. Section 230(d), RightGift notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
RightGift reserves the right to withdraw or amend this Site, and any Services or material we provide on the Site, in our sole discretion without notice. RightGift will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, RightGift may restrict access to some parts of the Site, or the entire Site, to users, including registered users. We may update the content on the Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
The information presented on or through the Site is made available solely for general information purposes. RightGift makes no representation or warranty as to the accuracy, completeness, usefulness, or fitness for use of any offers or products described on the Site. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by RightGift, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of RightGift. If the specific product displayed on the Site is no longer available from the merchant or manufacturer or a donee organization requests an alternate product, RightGift reserves the right to purchase a similar product to fulfill the order, subject to acceptance by the nonprofit receiving the product. If no similar product can be procured to fulfill the order, the donation will be fulfilled as a cash donation, excluding certain RightGift processing fees, to the donee organization. RightGift is not responsible for the change of information at merchants or manufacturers, including, but not limited to, rebate information, pricing, availability, accuracy, completeness, usefulness or fitness for use.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website“) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:
RightGift's designated agent for notice of claims of copyright infringement can be reached as follows:
By mail: RightGift, Inc., ATTN: Copyright Complaint, 182 Daisy Path, Austin, Texas 78737
By e-mail: email@example.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. If you are unsure whether material infringes your copyright, you should contact an attorney prior to sending notice.
RightGift does not manufacture or control any of the products offered through the Site. The availability of products through our Site does not indicate an affiliation with or endorsement of any product or manufacturer. Accordingly, we do not provide any warranties with respect to the products offered through our Site. The products offered through our Site may be covered by the manufacturer's warranty. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
THE SITE, INCLUDING ALL SERVICES AND PRODUCTS OFFERED ON THIS SITE, ARE PROVIDED “AS IS“ AND “AS AVAILABLE,“ AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. TO THE FULLEST EXTENT PROVIDED BY LAW, RIGHTGIFT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, , INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
You understand that RightGift cannot and does 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, RIGHTGIFT 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.
NEITHER RIGHTGIFT NOR ANY PERSON ASSOCIATED WITH RIGHTGIFT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER RIGHTGIFT NOR ANYONE ASSOCIATED WITH RIGHTGIFT 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 ARE 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.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH MERCHANTS AND OTHER USERS OF THE SITE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY RELEASE RIGHTGIFT FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A MERCHANT, ANY ACTION OR INACTION BY A MERCHANT, INCLUDING A MERCHANT'S FAILURE TO COMPLY WITH APPLICABLE LAW, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.“
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL RIGHTGIFT OR ITS AFFILIATES, LICENSORS, VENDORS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL AND INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE SERVICES, ANY SUBMISSIONS, THE APPLICATIONS OR SITES, OR A THIRD PARTY'S COUPONS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER RIGHTGIFT WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR“) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
You acknowledge and agree that any violation or breach of the Terms may cause RightGift immediate and irreparable harm and damages. Accordingly, and notwithstanding any other provision of these Terms or other applicable legal requirements, you acknowledge and RightGift reserves the right to, in its discretion, immediately seek and obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek and obtain permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to RightGift in law or in equity, RightGift may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction.
You may terminate your Account at any time. RightGift reserves the right to terminate your Account, these Terms and/or suspend the Site or Services at any time with or without prior notice. Any rights or obligations contained in these Terms survive and shall remain in effect after such termination.
Although the Services may be accessible worldwide, we make no representations that materials on the Services are appropriate or available for use in locations outside the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited, including where prohibited by the U.S. Department of the Treasury Office of Foreign Asset Control.
ANY PROVISION OF THESE TERMS AND CONDITIONS THAT BY ITS NATURE IS REASONABLY INTENDED TO SURVIVE BEYOND TERMINATION OF THE SITE, SERVICES, OR THESE TERMS SHALL SURVIVE.
182 Daisy Path
Austin, Texas 78737
Please allow 30 days for a response.
Customer Service Support
If you need Customer Service Support for our RightGift Services, please contact:
RightGift, Inc. at www.rightgift.com/contact