Terms & Conditions - GiftsFor5.com.com
GiftsFor5.com is owned & operated by Dollar Fanatic LLC. By browsing and using this Site you are agreeing to the terms and conditions set forth under the section titled "User's Agreement of Terms and Conditions". Dollar Fanatic LLC operates and maintains this Internet Web Site ("Site") GiftsFor5.com for personal use for those of a legal age in your country, province, or state of residence. Dollar Fanatic LLC may revise these terms and conditions from time to time, so you should review them periodically to ensure proper compliance because they are binding on you.
1. Acceptance of Terms
By entering the GiftsFor5.com Web Site you acknowledge and agree to the following terms and conditions. If you do not agree to these terms, DO NOT USE THIS SITE. The legal information is applicable to all pages of the GiftsFor5.com Web Site, unless explicitly stated otherwise on any particular page. No entry for under-aged persons: if you are an under-aged person, you are not allowed to use the GiftsFor5.com Web Site.
By using GiftsFor5.com, each participant agrees to release and hold Sponsor and the employees, officers, directors, shareholders, agents, representatives of sponsor, their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and legal advisors, harmless from any and all liability for injuries, losses, damages, rights, claims and actions of any kind in connection with GiftsFor5.com.
2. Return Policy
All sales are final, we do not accept Returns. However, if you receive a product that is damaged we will make sure we take care of that problem. Please keep in mind we are offering Brand New Quality products for only $5.00 each which usually equates to 20% to 80% Off of the Original Suggested Retail Prices, so we really do not want to deal with returns/refunds, it would be best to ask any questions you may have upfront.
All orders are processed within 1-5 business days, depending on the volume of orders in front of you. During the holidays, it may take a little longer. We ship everything with some type of tracking service.
4. International Orders
At this time we are only accepting orders for the United States of America Addresses.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that GiftsFor5.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the GiftsFor5.com site and Content available through the Service may contain links to other websites, which are completely independent of GiftsFor5.com. GiftsFor5.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will GiftsFor5.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that GiftsFor5.com does not pre-screen or approve Content, but that GiftsFor5.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
You understand that by providing links to other sites, GiftsFor5.com does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to GiftsFor5.com. We try to ensure that any information and content on this website that has not been supplied by a third party is accurate, but we make no representation and give no warranty that any information or content is accurate, up to date or complete. We accept no liability for any loss or damage caused by inaccurate, out of date or incomplete information or content. If you find any inaccurate, out of date or incomplete information or content on this website please let us know immediately by contacting us.
6. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify GiftsFor5.com's agent for notice of claims of copyright or other intellectual property infringement ("Agent") or Copyright Agent "GiftsFor5.com."
Please provide our Agent with the following Notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the GiftsFor5.com site that you claim is infringing, with enough detail so that we may locate it on the website;
3. A 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;
4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
GiftsFor5.com will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).
7. No Spam Policy
You understand and agree that sending unsolicited email advertisements to GiftsFor5.com email addresses or through GiftsFor5.com computer systems, which is expressly prohibited by these Terms. Any unauthorized use of GiftsFor5.com computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. ? 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
8. Limitations on service
You acknowledge that GiftsFor5.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that GiftsFor5.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that GiftsFor5.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that GiftsFor5.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. Access to the Service
GiftsFor5.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use of the Service, and not to download (other than page caching) or modify it, or any portion of it, or any Content made available via the Service (except for your own Content), without the express written consent of GiftsFor5.com. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by GiftsFor5.com. You must be 18 years of age or older or at legal age in your country, province, or state of residence.. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
GiftsFor5.com permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of these Terms, absent express permission granted by GiftsFor5.com to do so. You may also create a hyperlink to the home page of GiftsFor5.com sites so long as the link does not portray GiftsFor5.com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
GiftsFor5.com offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. GiftsFor5.com permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'GiftsFor5.com' as the source, (d) your use or display does not suggest that GiftsFor5.com promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden GiftsFor5.com's systems. GiftsFor5.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by GiftsFor5.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from GiftsFor5.com.
10. Termination of service
You agree that GiftsFor5.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if GiftsFor5.com believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that GiftsFor5.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of these Terms.
11. Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that GiftsFor5.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that GiftsFor5.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release GiftsFor5.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
12. Proprietary rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of GiftsFor5.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of GiftsFor5.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. GiftsFor5.com is a registered mark in the U.S. Patent and Trademark Office.
Although GiftsFor5.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to GiftsFor5.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant GiftsFor5.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
13. Disclaimer of Warranties
YOU AGREE THAT USE OF THE GiftsFor5.com SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE GiftsFor5.com SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, GiftsFor5.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE GiftsFor5.com SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, GiftsFor5.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GiftsFor5.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE GiftsFor5.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, GiftsFor5.com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE GiftsFor5.com SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
14. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL GiftsFor5.com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GiftsFor5.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE GiftsFor5.com SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE GiftsFor5.com SITE OR THE SERVICE, FROM INABILITY TO USE THE GiftsFor5.com SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE GiftsFor5.com SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GiftsFor5.com SITE OR THE SERVICE OR ANY LINKS ON THE GiftsFor5.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GiftsFor5.com SITE OR THE SERVICE OR ANY LINKS ON THE GiftsFor5.com SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold GiftsFor5.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
16. Resolution of Disputes
Arbitration: Any controversy or claim arising out of or relating to this Agreement, including any question regarding its existence, validity or termination shall be settled by arbitration before one (1) arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered into any court having jurisdiction thereof. The place of arbitration shall be Indianapolis, Indiana, and the language of arbitration shall be English.
Choice of Law: This Agreement shall be governed in all respects by the laws of the State of Indiana as they apply to agreements entered into and to be performed entirely within Indiana between Indiana residents, without regard to conflict of law provisions.
Venue and Forum. Notwithstanding the Arbitration provision above, you agree that if for any reason any claim or dispute against Dollar Fanatic LLC that is to be adjudicated in court must be resolved by a court located in Indianapolis, Indiana. You agree to submit to the personal jurisdiction of the courts located within Indianapolis, Indiana for the purpose of litigating all such claims or disputes.
17. General information
The Terms constitute the entire agreement between you and Dollar Fanatic LLC and govern your use of the Service, superceding any prior agreements between you and Dollar Fanatic LLC. The Terms and the relationship between you and GiftsFor5.com shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. The failure of Dollar Fanatic LLC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.