GiveBack360, Inc. and/or its affiliates ("GiveBack360") provide GiveBack360.com and its products or services to you subject to the following conditions. If you visit, search or shop on our Sites, you accept these conditions. Please read them carefully, because they contain important disclosures and information regarding terms of sale, among other terms that may affect your legal rights.
The “Terms” consist of these Conditions of Use, the GiveBack360 Privacy Policy and any supplemental terms, legal notices and other communications provided to you. These Terms govern your use of the website offered by GiveBack360 at www.giveback360.com (including any mobile, merchant-specific, city-specific or other area-specific versions or sections) (each a “Site”), and all products or services accessed through the Sites (collectively “Services”). These Terms constitute a binding legal agreement (“Agreement,” though we may use “Terms” interchangeably with “Agreement” herein) in electronic form between you (“you,” “your” and/or “yourself”) and GiveBack360, Inc. and its successors, subsidiaries, affiliates and family of brands (“GiveBack360,” “we,” “us” and/or “our”).
By using the Sites and/or Services, you agree to these Terms. IF YOU DO NOT AGREE TO THE TERMS, IMMEDIATELY STOP ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY USING THE SITES AND/OR SERVICES, YOU HAVE ACCEPTED THE TERMS.
In some instances, both these Terms and separate terms of service or guidelines setting forth conditions may apply to a service or product offered via the Sites ("Additional Terms"). The Additional Terms are incorporated by reference into these Terms. The Additional Terms are generally intended to be supplemental to these Terms, but to the extent there is an conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise and/or unless otherwise prohibited by applicable law.
The communications between you and GiveBack360 are electronic. You consent to receive communications from GiveBack360 in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how we collect, use and protect your personal data. We encourage you to read the Privacy Policy to help make informed decisions when using our Sites and Services. The Privacy Policy is incorporated herein by reference.
Your permission to use the Sites and/or Services is conditioned upon your agreement that you:
You will need to register by creating an account with GiveBack360 (either by registering directly with us or by allowing a GiveBack360 application to connect through your Facebook profile) (an “Account”) in order to obtain access to certain Services, including offers. If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the GiveBack360 Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by GiveBack360 may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf.
GiveBack360 relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we have issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
GiveBack360 provides consumers with opportunities to purchase certain products and services (each “Offer,” and collectively, “Offers”) from third-party merchants (each the “Merchant”), except as otherwise expressly identified, using a time-limited promotional voucher exchangeable for Merchant goods and services (a “Voucher”). The promotion of each offer works as a form of advertisement for the Merchant by GiveBack360.
By purchasing, printing, accepting, using or attempting to use any Voucher, you agree to these Terms, the fine print identified in the offer copy (defined below) and/or any additional offer-specific terms related to the offer at the time of purchase. These Terms apply to all Vouchers, unless the Fine Print on a particular Voucher states otherwise, and except as otherwise required by law. In the event of a conflict between these Terms and the Fine Print on a Voucher, the Fine Print will control, except to the extent prohibited by applicable law.
Some offers have special terms that vary from the general offer terms stated in this Section 6. These special terms and any other varying terms for specific offers will be set forth in the Fine Print within specific offers.
By placing an order for a given offer, you are agreeing to purchase the offer you have selected on the terms, restrictions and conditions associated with the offer. Once you have placed your order, you will receive a confirmation of the offer and your credit card or other payment mechanism will be charged for the amount of the offer. We will notify you by email when the Voucher for the offer is ready to be used. You are required to create an Account in order to purchase any offer so we can collect information to allow you to pay for your offers and so we can provide you with easy access to print your offers, view your past purchases and modify your preferences.
In addition to the terms set forth herein, each offer comes with its own set of restrictions, terms and conditions (collectively, the “Fine Print,” whether or not they are expressly labeled as such on a Voucher). The Fine Print may restrict things such as when or where you can redeem a Voucher, as well as other offer-specific limitations, so please always read carefully.
Most Vouchers combine two separate portions that make up the offer: (i) a paid portion equal to the amount you paid for the offer (the "Paid Portion"); and (ii) at no additional charge to you, a time-sensitive promotional portion for the balance of the value of the offer if used by the promotional expiration date on the Voucher (the "Promotional Portion").
Unless otherwise stated on the Voucher or required by law, the following additional terms apply to all Vouchers:
The Promotional Portion of the Voucher will always expire on the date printed on the Voucher. If the Merchant is in a state where it is permissible for the Paid Portion to expire, the Paid Portion of the Voucher will expire five (5) years from the date that the Voucher was issued. In some states, the law may require the Merchant to honor the Paid Portion of the Voucher beyond five years, in which case the Paid Portion of the Voucher will expire in accordance with the applicable law.
Date-Specific offers
Sometimes we offer offers that are date-specific, such as a offer for a ticketed event or a offer where you select a specific day to stay at a hotel (“Date-Specific offer”). Usually this means that the Voucher can only be redeemed on a single date or that you might have to choose from a list of available dates before you buy a Voucher. In either case, the date you select will be identified on the Voucher, and you can only redeem the Voucher on this specified date. Both the Paid Portion and the Promotional Portion expire on the date specified on the Voucher. You may not reschedule a Date-Specific offer for another date or time for any reason. No full or partial refunds are given to customers who fail to redeem a Date-Specific offer on the date specified on the Voucher. If for some reason the Date-Specific offer is canceled or rescheduled by us or the Merchant, we will send you an email notifying you prior to such cancelation or rescheduling. If the Date-Specific offer is rescheduled, our email to you will include the new date for the Date-Specific offer. If you cannot make the new date for the Date-Specific offer, you will be entitled to a refund of the Paid Portion upon request. If, however, the Date-Specific offer is canceled and will not be rescheduled, we will automatically refund you the Paid Portion.
Except as explicitly stated otherwise in the terms of a specific offer, if you change your mind about purchasing a offer, contact us within seven (7) days of your purchase and GiveBack360 will refund the paid amount of any unredeemed Voucher to your credit/debit card or other payment mechanism. In addition, GiveBack360 will always honor your request for a refund of the paid amount of any unredeemed Voucher if the merchant has gone out of business before the promotional period expires.
While we strive for 100% satisfaction for all members on every offer, we do ask members to keep in mind that a portion of every purchase goes to your designated charity. Any refunds required directly from Giveback360 will result in a debit to the charitable account as well. To minimize any effect on charitable giving we ask members to first attempt to resolve any refund issues with the merchant. We specifically follow these steps in order to address satisfaction on purchases:
GiveBack360 wants you to be happy with every purchase. If you have trouble redeeming a Voucher for any reason, please contact us so we can work with you and the Merchant to resolve the issue as quickly as possible. Thank you.
The Merchant is the issuer of the Voucher and is solely responsible for redeeming the Voucher. The Merchant is also solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. Unless otherwise indicated in a offer or other offer, GiveBack360 is solely the marketer of the Merchant’s goods or services, and may from time to time engage third parties or affiliates to administer Voucher management on behalf of Merchants. You hereby irrevocably waive all rights related to, and release GiveBack360 and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the products and/or services it provides in connection with it.
Some offers are not available for purchase beyond certain geographical and jurisdictional boundaries. GiveBack360 reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher, the Sites, the Services or any other product or service. GiveBack360 does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person. Some of our offers are limited in number. Any attempt by you to obtain more than the permitted number of Vouchers specified for a particular offer, including, without limitation, using multiple or different identities, credit cards, forms, registrations or addresses, will void your purchase and may subject your Account to termination. Whether purchase characteristics constitute an attempt to violate our rules shall be determined at our sole discretion.
Pricing Information
We display discounts on our Sites in connection with each offer. These discounts are calculated based upon certain pricing information provided to us solely by Merchants, which may include the retail price suggested by the manufacturer, supplier or the Merchant, or an estimated price based on standard industry practice. Since the pricing information on which we base our discounts may vary, any discount information that we display may or may not be representative of the prevailing discount in every area or on any particular day.
In addition to great offers, we may from time to time offer some other products and services. We will set forth any terms specific to those products or services at the point of purchase.
The Sites and/or Services (including past, present and future versions) and all content that are included in, on or that are otherwise a part of the Sites and/or Services (collectively, the "Content") are owned, controlled or licensed by GiveBack360, its subsidiaries or affiliates.
The entire contents of the Sites and/or Services (including the Content) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, GiveBack360 owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the Sites and/or in the Services. Trademarks and service marks, including, without limitation, “GiveBack360,” which appear on the Sites and/or in the Services are the service and trademarks of GiveBack360 or affiliated entities. Without GiveBack360’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other "hidden text" utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to GiveBack360 or their respective owners. The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of GiveBack360, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites and/or Services.
Subject to your compliance with the Terms, we grant you a limited license to access and make personal use of the Sites and/or Services. You are expressly prohibited from:
Any unauthorized use of the Sites, Services, Content and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of GiveBack360.com so long as the link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.
Our Sites and/or Services, or communications you receive from our Sites and/or Services may include third-party content or links to third-party websites that we do not control, maintain or endorse. Accessing those third-party sites requires you to leave the Sites and/or Services. We do not control those third-party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites.
YOUR CORRESPONDENCE AND BUSINESS offerINGS WITH OTHERS FOUND ON OR THROUGH THE SITES AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH offerINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY. GIVEBACK360 ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD-PARTY SITE THAT YOU VISIT.
The Sites and Services may offer you the opportunity to post reviews, comments, photos, questions and other content (“User Content”). You agree not to post any User Content on any of the Sites and/or Services that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. You further agree not to post any User Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Content. GiveBack360 reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions advice, ratings, discussions, comments and/or other User Content of any kind made by you or any user of the Sites and/or Services are those of the respective author(s) or distributor(s) and not of GiveBack360.
If you do post User Content or submit material, and unless we indicate otherwise, you grant GiveBack360 a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You grant GiveBack360 and our sublicensees the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify GiveBack360 for all claims resulting from User Content you supply. GiveBack360 takes no responsibility and assumes no liability for any User Content posted by you or any third party.
GiveBack360 does not accept unsolicited submissions for business ideas, web sites, articles or other products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of GiveBack360 (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to GiveBack360 through the Sites, by email, text message or otherwise. However, if you decide to make any such unsolicited submission, they shall be subject to these Terms and you hereby grant to GiveBack360 the irrevocable right and license to the submission as if it were User Content as specifically set forth above.
If you want to terminate your legal Agreement with GiveBack360, you may do so by: (A) notifying GiveBack360 at info@GiveBack360.com or (B) closing your Accounts for all of the Services that you use.
GiveBack360 may, at any time, terminate this Agreement with you if: (i) You have breached any provision of this Agreement or you do not comply with the Agreement; (ii) GiveBack360 is required by law to do so; (iii) the partner with whom GiveBack360 has offered the Services to you has terminated its relationship with GiveBack360 or ceased to offer the Services to you; (iv) GiveBack360 no longer provides Services in the country in which you reside; or (v) GiveBack360 determines that the provision of Services to you is no longer commercially viable. Notwithstanding anything contrary in these Terms, GiveBack360 reserves the right to discontinue any product or service at any time and at its sole discretion.
Without limiting any of the foregoing, GiveBack360 may immediately terminate or suspend any User IDs, Accounts or passwords in the event of any conduct by you which GiveBack360, in its sole discretion, considers to be unacceptable or in the event of any breach by you of this Agreement. In the event of termination, you agree to immediately cease access to our Sites and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher. These Terms will survive termination of this Agreement.
WE PROVIDE THE SITES AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED. We make no express or implied representations, warranties or guarantees of any kind about the Sites, Services, or any third-party products or services made available to you by us, unless specified in writing.
YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT GIVEBACK360’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIVEBACK360 AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT: (A) YOUR USE OF THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR; (C) ANY PRODUCTS OR SERVICES OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITES AND/OR SERVICES WILL BE RELIABLE; OR (D) ELECTRONIC COMMUNICATIONS SENT FROM GIVEBACK360 WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A GIVEBACK360 REPRESENTATIVE SHALL CREATE A WARRANTY.
SUBJECT TO THE EXCLUSIONS OF WARRANTIES AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GIVEBACK360, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS OR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) ANY CLAIMS EXCEEDING THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC PRODUCT AND/OR SERVICE AT ISSUE OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE SITES AND SERVICES. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS AND MERCHANTS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
AS SET FORTH ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH THIRD-PARTY MERCHANTS. SUBJECT TO THE EXCLUSIONS OF WARRANTIES, LIMITATIONS OF LIABILITY AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOU AGREE TO RELEASE GIVEBACK360 FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A THIRD-PARTY MERCHANT AND ANY ACTION OR INACTION BY A THIRD-PARTY MERCHANT.
Notwithstanding the foregoing, any dispute or claim arising out of or relating in any way to your visit to the Sites, your purchase or redemption of a Voucher or your use of the Services made available through the Sites, these Terms, this Agreement, the Privacy Policy or the validity or enforceability of this arbitration agreement will be resolved by binding arbitration, rather than in court, except for matters that can be taken to small claims court in your local jurisdiction. This agreement and any arbitration shall be governed by the Federal Arbitration Act.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief (including injunctive and declaratory relief or statutory damages) as a court, and must follow the provisions of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at https://www.adr.org or by calling 1-800-778-7879. We will pay all filing, administration and arbitrator fees for claims totaling less than $10,000. For larger claims, payment of those fees will be governed by the AAA’s fee schedule for Consumer Arbitration Costs. You and GiveBack360 may be able to recover attorney’s fees in arbitration as you/we would in court if they are available under applicable law. For any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing. If the claim exceeds what can be recovered in a small claims court, and the arbitrator deems a face-to-face hearing is appropriate, the hearing will be conducted in the county where you live or at another mutually agreed location that is convenient to you. A decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or GiveBack360 shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used by either you or us in existing or subsequent litigation or arbitration involving any other person or GiveBack360 customer.
We both agree that you or we may bring suit in court to enjoin infringement, unauthorized access or trespass to computer networks or any other misuse, misappropriation or theft of intellectual property rights. We also each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. If any part of this arbitration provision is held unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not contained. If, however, the class action waiver is found to be unenforceable, then the entire arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial and agree that we shall litigate exclusively in the courts located in San Diego, CA.
Contact information for GiveBack360’s Registered Agent for Disputes/Arbitration is as follows:
Corporate Counsel
GiveBack360, Inc.
P.O. Box 27814
San Diego, CA 92128.
You agree to defend, indemnify and hold harmless GiveBack360 and its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to GiveBack360; (ii) your violation of any term of these Terms or this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that any User Content submitted by you causes damage to a third-party. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Sites and/or Services.
GiveBack360 reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the Sites and from any claims related to the conduct of any other customers of ours or any Merchants. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "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."
By using our Services, you agree to these Terms and you further agree that any claim or dispute between you and GiveBack360 that arises out of this Agreement shall be governed by the laws of the California without regard to conflict of law principles, except that the arbitration provisions contained herein shall be governed by the Federal Arbitration Act.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find any content on the Sites and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright Agent with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Contact information for
GiveBack360’s Copyright Agent for notice of claims of copyright infringement is as follows:
GiveBack360
Attn: DMCA/Copyright Agent
GiveBack360, Inc.
P.O. Box 27814
San Diego, CA 92128
These Terms, together with the Privacy Policy, and any other legal notices published by GiveBack360 on the Sites, Services or any Voucher, shall constitute the entire agreement between you and GiveBack360 concerning your use of the Sites and/or Services. We may occasionally change the Terms and the Terms of this Agreement, and any such modifications will become effective once they are posted to the Site. It is your sole responsibility to check the Sites from time to time to view any such changes to the Terms. Your use of the Sites and/or Services after any modifications to the Terms will indicate that you accept and agree to the modified Agreement, provided that these changes will not apply to Vouchers purchased prior to the effective date of such modification. These modifications will however be effective immediately for new users of our Sites and/or Services and for all Vouchers purchased after the effective date of the modification. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of GiveBack360’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of GiveBack360. No purported waiver or modification of this Agreement by GiveBack360 via telephonic or email communications shall be valid.
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency relationship. There are no third-party beneficiaries of this Agreement. We may assign this Agreement at any time without notice to you. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third-party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
YOU AND GIVEBACK360 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO GIVEBACK360 MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You represent that you are legally able to accept these Terms. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are not legally able to accept these terms, or refuse to abide by and comply with this Agreement, you must cease use of the
Sites and/or Services immediately.
The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.
Last updated: September 14, 2017
