GiftRocket Terms of Service

Last Updated: June 1, 2023

Welcome to GiftRocket!

These Terms of Service (these Terms) govern your use of the Service (defined below), which are provided to you by GiftRocket, LLC, a Delaware limited liability company (GiftRocket, we, us, or our) through our website at www.giftrocket.com (and/or any web site, web widget, mobile application, or any other similar platform, owned, controlled, operated or offered by GiftRocket, collectively the Site). By accessing, using, or attempting to access or use the Site and Services, you acknowledge and agree that you have read, understood, and accepted all of the terms and conditions contained in these Terms as well as our Privacy Policy. If you do not agree, you may not access the Site or use the Services and must immediately cease any use of the Services.

We may amend these Terms from time to time by posting a revised version of these Terms to www.giftrocket.com/terms. Accordingly, please review the Terms posted at this location on a periodic basis. Each time you use the Services, you agree to be bound by the Terms in effect at the time of your use thereof. The "Last Updated" legend at the top of this page indicates when these Terms were last revised. Any changes to these Terms will become effective 30 days after we post the revised Terms and such changes will apply to your use of the Site and Services after the effective date of the revised Terms. If you do not agree to the revised terms, you are not permitted to use the Services.

THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES YOU AND GIFTROCKET TO RESOLVE ALL DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT, UNLESS YOU CHOOSE TO OPT OUT OF SUCH PROVISION. PLEASE SEE THE SECTION BELOW TITLED "DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER" BELOW. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, YOU WAIVE YOUR RIGHT TO TRIAL BY JURY, AND EXCEPT AS PERMITTED BY SECTION 11, YOU WILL NOT BE ABLE TO BRING ANY CLAIMS IN STATE OR FEDERAL COURT.

AS EXPLAINED IN FURTHER DETAIL IN THE SECTION BELOW ENTITLED "E-SIGN DISCLOSURE AND CONSENT," AUTHORIZATION TO ELECTRONICALLY RECEIVE ANY AND ALL COMMUNICATIONS (DEFINED BELOW) IS A CONDITION OF ACCESS TO AND USE OF THE SERVICES, MEANING THAT IF YOU REVOKE YOUR CONSENT TO RECEIVE SUCH COMMUNICATIONS ELECTRONICALLY YOU UNDERSTAND THAT YOU MAY NOT CONTINUE TO ACCESS OR USE THE SERVICES.

  1. THE SERVICE

    1. Description of the Service

      .

      You can use GiftRocket to send a greeting card and value (a Gift) to friends, family, colleagues, or anyone else (such person, a Recipient) (the Service). Each Gift may be redeemed for a merchant-specific gift card or a monetary payout (PayPal, Venmo, or ACH).

      When sending a Gift, you can suggest the Recipient visit a location-specific business to spend their Gift (such business, a Suggested Business). Recipients may or may not be able to redeem their Gift for a gift card to a Suggested Business. The availability of any merchant-specific gift card (including those for Suggested Businesses) is dependent on the catalog available through our service provider. GiftRocket does not have relationships with any Suggested Businesses.

    2. Eligibility

      . To be eligible to use the Service, you must be at least 18 years old (or the applicable age of majority and contractual capacity in the jurisdiction in which you reside) and a resident of the United States. You must only send Gifts to Recipients who are at least 18 years old and residents of the United States.

    3. Access

      . To access the Site and use the Service, you must have the necessary equipment (such as smartphone or laptop) and the associated telecommunication service subscriptions to access the Internet. The Service can be accessed directly using the Site. Access to Service may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to send Gifts for periods of time and may also lead to support-response-time delays. Although we strive to provide you with excellent service, we do not represent that the Site or Service will be available without interruption.

  2. GIFTS

    1. Generally

      . Each Gift is personalized with one of our greeting cards (e.g., "Thank You," "Congratulations," etc.), a message to the Recipient, and a set value between $1 and $1,000. Each Gift expires five (5) years after purchase. Gifts are provided pursuant to our agreement with Tremendous, LLC and are subject to their terms and conditions and privacy policy.

    2. Suggested Businesses

      . To further personalize your Gift, you can suggest the Recipient spend the value at a Suggested Business. The Gift is not associated with that Suggested Business and the Recipient may or may not patronize the Suggested Business. GiftRocket uses data from Google and prior customers to provide Suggested Businesses. GiftRocket's inclusion of a Suggested Business is not an endorsement of that business or indicative of any relationship between GiftRocket and the Suggested Business, nor an indication that a Recipient can obtain a gift card for the Suggested Business when redeeming his or her Gift.

    3. Delivery to Recipient

      . You can select how to deliver your Gift to the Recipient: via email, or printed and delivered by you.

      1. Email

        . If you choose email delivery, GiftRocket (or its designee) will deliver the Gift to the email address you provide for the Recipient. If we receive notice of non-delivery of a Gift (e.g., email bounce-back), we will notify you using the email address you provide at the time of purchase. If you become aware of an error in a Recipient's email address or other Gift delivery issue, GiftRocket will provide reasonable assistance in attempting to correct the error or such other delivery issue upon notice from you. For the avoidance of doubt, GiftRocket is not responsible for any loss resulting from your provision of incorrect or inaccurate contact information.

      2. Physical Delivery

        . You can choose to print out the Gift and deliver it to the Recipient yourself. You are solely responsible for delivering the printed Gift to your Recipient and GiftRocket is not liable for any loss associated with the loss, misplacement, or other failed delivery of a printed Gift.

    4. Recipient Redemption

      . Upon his or her receipt of Gift, the Recipient may redeem the Gift for available merchant-specific gift cards or monetary payouts. Each Recipient is subject to the Tremendous Recipient Terms.

      1. Email

        . If his or her Gift was delivered via email, the Recipient will simply click on the "Open Gift" button in the email. From there, the Recipient can view your card, message, any Suggested Business, and access the value of the Gift.

      2. Physical Delivery

        . If his or her Gift was delivered by you, the Recipient will follow the instructions on the Gift, visit www.giftrocket.com/gift, and enter the code shown on the Gift. From there, the Recipient can view your card, message, any Suggested Business, and access the value of the Gift.

  3. FEES AND REFUNDS

    1. GiftRocket charges $2.00 plus 5% of the value of the Gift. Recipients pay nothing to redeem the Gift and receive the full value of the Gift.
    2. Refund Policy. You may cancel your Gift until the earlier of (i) thirty (30) days after purchasing the Gift or (ii) Recipient's redemption of the Gift. After such period, Gifts are cancellable, refundable, transferrable, and exchangeable in our sole discretion.

  4. DATA AND PRIVACY.

    All collection, sharing and use of data provided in connection with your use of the Site and Service is governed by our Privacy Policy.

  5. GENERAL USE AND PROHIBITED USE

    1. Limited License

      . We grant you a limited, non-exclusive, non-transferable license subject to these Terms to access and use the Service, Site, and related content, materials, information (collectively, the Content) solely for purposes approved by GiftRocket from time to time. Any other use of the Site or Content is expressly prohibited and all other rights, title, and interest in the Service, Site or Content is exclusively the property of GiftRocket and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part, without the prior written consent of GiftRocket. GiftRocket.com, GiftRocket, and all logos related to the Service or displayed on the Site are either trademarks or registered marks of GiftRocket or its licensors. You may not copy, imitate, or use them without GiftRocket' prior written consent.

    2. Feedback

      . GiftRocket welcomes any ideas and/or suggestions regarding improvements or additions to the Service. Under no circumstances will any disclosure of any idea, suggestion, or related material or any review of the Service, the Site, Gifts, or any third-party provider (collectively, Feedback) to GiftRocket be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to GiftRocket, you waive any and all rights in the Feedback and GiftRocket is free to implement and use the Feedback if desired, as provided by you or as modified by GiftRocket, without obtaining permission or license from you or from any third party. Any reviews of the Service, a Gift, or other topics that you submit to us must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. GiftRocket reserves the right (but not the obligation) to remove or edit Feedback, but does not regularly inspect posted Feedback.

    3. Website Accuracy

      . Although we intend to provide accurate and timely information, the Site (including, without limitation, the Content) may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice including without limitation information regarding our policies, products, and services. Accordingly, you should verify all information before relying on it; all decisions based on information contained on the Site are your sole responsibility and we shall incur no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Site.

    4. Prohibited Use

      .

      You are responsible for complying with applicable law, including state and federal laws and regulations, regarding money laundering, terrorist financing, and money transfer and remittance. You are responsible for understanding and abiding by the laws and regulations of each jurisdiction in which you use the Service.

      Except as required by law, we may, without notice and without liability to you, suspend or terminate access to, or refuse to provide, the Site and/or Service at any time in our sole discretion, including with limitation:

      1. If we believe, in our sole discretion, you have, directly or indirectly, used or attempted to use, the Service for any unlawful or improper purpose;
      2. If you provide any incomplete, incorrect, or false information to us;
      3. If you attempt to tamper, hack, modify, or otherwise corrupt the security or functionality of the Site or Service;
      4. If we receive a facially valid subpoena, court order, or other binding order from a governmental authority requiring us to do so;
      5. If you have breached any portion of these Terms;
      6. If we determine such action is necessary to comply with these Terms, any of our policies, procedures or practices, or any law, rule, or regulation.

      You agree that we will not be held responsible or liable to you or to any other person for such action except as required by law.

  6. NOTICE.

    Any notice required to be given by GiftRocket pursuant to these Terms, or otherwise, may be provided to you by email, a posting on the Site, or other reasonable means. GiftRocket may broadcast, distribute, or display notices or messages through the Site or via email to inform you of changes to these Terms, the Service, the Privacy Policy, or other matters of importance. Such broadcasts, distributions, or displays of information shall constitute notice to you. Your continued use of the Site or the Service subsequent to such notification shall be deemed acknowledgment and acceptance thereof.

  7. TERMINATION.

    1. Termination by GiftRocket

      . GiftRocket, in its sole discretion, may suspend or terminate your use of the Service for any reason, including those set forth in Section 5.d. GiftRocket may also, in its sole discretion, discontinue providing the Service, or any part thereof, with or without notice.

    2. Termination by You

      . As a customer, you have no ongoing relationship with GiftRocket. You may simply cease to use the Service. If there is a specific reason you no longer wish to use the Service, please let us know at support@giftrocket.com.

  8. INDEMNIFICATION.

    TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD GIFTROCKET, ITS AFFILIATES, AND ITS PARENT, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, MANAGERS, EQUITY OWNERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE TREMENDOUS GROUP), AS APPLICABLE, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICES, THE VIOLATION OF THESE TERMS BY YOU, THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY OR VIOLATION OF ANY APPLICABLE LAW.

  9. DISCLAIMER OF WARRANTIES.

    YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES ARE AT YOUR SOLE RISK AND EXPENSE AND SUBJECT TO THESE TERMS AND ANY APPLICABLE LAW. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIFTROCKET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. GIFTROCKET MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. GIFTROCKET MAKES NO WARRANTY REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE TREMENDOUS GROUP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

  10. LIMITATION OF LIABILITY.

    TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD GIFTROCKET, AND ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, MANAGERS, EQUITY OWNERS, SUCCESSORS AND ASSIGNS, AS APPLICABLE, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICES, ANY CONTENT PROVIDED BY YOU, THE VIOLATION OF THESE TERMS BY YOU, THE INFRINGEMENT BY YOU (OR ANYONE ACCESSING THE SITE USING YOUR ACCOUNT) OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY OR VIOLATION OF ANY APPLICABLE LAW OR REGULATION. THIS INCLUDES, BUT IS NOT LIMITED IN ANY WAY TO, ANY HARM YOU MAY EXPERIENCE FROM RECEIVING ANY OF THE REDEMPTION OPTIONS OFFERED ON THE SITE. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, GIFTROCKET SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF GIFTROCKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES OR A REDEMPTION OPTION; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (III) ANY GOODS REDEEMED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH GIFTROCKET OR A THIRD PARTY THROUGH THE USE OF THE SITE OR THE SERVICES OR A REDEMPTION OPTION. GIFTROCKET'S TOTAL LIABILITY TO YOU FOR BREACH OF CONTRACT AND FOR ANY AND ALL OTHER CLAIMS (INCLUDING TORT CLAIMS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, SERVICES, OR THE REDEMPTION OPTIONS, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL PAYMENTS MADE BY YOU TO GIFTROCKET HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  11. DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER

    1. AGREEMENT TO ARBITRATE, SEAT OF THE ARBITRATION, ARBITRATOR'S AUTHORITY AND FORM OF THE AWARD

      . EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE, NEUTRAL ARBITRATOR, INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND WE AND YOU EACH WAIVE THE RIGHT TO TRIAL BY A JURY. THE SEAT OF THE ARBITRATION SHALL BE NEW YORK, NEW YORK, NOTWITHSTANDING YOUR RIGHT TO CHOOSE WHERE ARBITRATION HEARINGS WILL BE CONDUCTED, AS FURTHER PROVIDED HEREIN. THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH. THE ARBITRATOR SHALL BE A PRACTICING ATTORNEY. THE ARBITRATOR SHALL APPLY THE LAW AND WILL ISSUE A FINAL AND BINDING AWARD STATING THE REASONS FOR THE ARBITRATOR'S DECISION AND A CALCULATION OF ANY DAMAGES AWARDED. A JUDGMENT ON THE AWARD MAY BE ENTERED BY ANY COURT HAVING JURISDICTION. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO DECIDE ISSUES OF ARBITRABILITY, SHALL DECIDE THE RIGHTS AND LIABILITIES, IF ANY, OF YOU AND US. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO GRANT MOTIONS THAT ARE DISPOSITIVE OF ALL OR PART OF ANY CLAIM OR DISPUTE. THE ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD MONETARY DAMAGES AND TO GRANT ANY NON-MONETARY REMEDY OR RELIEF AVAILABLE UNDER APPLICABLE LAW AND THESE TERMS. THE ARBITRATOR SHALL HAVE THE SAME AUTHORITY TO AWARD RELIEF THAT A JUDGE IN A COURT OF LAW WOULD HAVE.

    2. WAIVER OF CLASS ARBITRATION OR ACTIONS

      . ANY CLAIMS YOU OR WE ASSERT UNDER THESE TERMS WILL BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE, OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND YOU AND WE AGREE THAT CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES, INCLUDING THAT ANY CLAIMS OF MORE THAN ONE CUSTOMER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANOTHER CUSTOMER OR PERSON. YOU AND WE AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN ANY FORM OF CLASS ARBITRATION AND/OR ACTION. EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY AND ALL RIGHTS IT MAY HAVE TO A TRIAL BY JURY. ANY DISPUTE MUST BE INITIATED WITHIN ONE YEAR AFTER THE COMPLAINING PARTY DISCOVERS THE FACTS THAT FORM THE BASIS FOR THE CONTROVERSY OR CLAIM, OR IT IS FOREVER WAIVED.

    3. APPLICABLE ARBITRATION RULES, HEARINGS AND COSTS

      . ARBITRATION WILL BE ADMINISTERED BY JAMS IN ACCORDANCE WITH THE THEN-CURRENT COMPREHENSIVE ARBITRATION RULES & PROCEDURES (THE "RULES"), INCLUDING THE EXPEDITED PROCEDURES SET FORTH IN THOSE RULES. THESE RULES ARE AVAILABLE AT WWW.JAMSADR.COM OR BY CALLING JAMS AT (800) 352-5267. ANY REQUIRED ARBITRATION HEARING MAY BE CONDUCTED, AT YOUR OPTION: (1) IN NEW YORK, NEW YORK; (2) IN A LOCATION OF YOUR CHOOSING THAT IS WITHIN 50 MILES OF YOUR PLACE OF HABITUAL RESIDENCE; (3) IN A MUTUALLY AGREEABLE ALTERNATIVE LOCATION; OR (4) BY TELEPHONE OR VIDEO CONFERENCE. THE PLACE WHERE THE ARBITRATION HEARINGS SHALL BE CONDUCTED WILL HAVE NO BEARING ON THE LEGAL SEAT OF THE ARBITRATION, WHICH SHALL AT ALL TIMES REMAIN NEW YORK, NEW YORK. THE SOLE ARBITRATOR SHALL BE APPOINTED BY AGREEMENT OF THE PARTIES. IF SUCH AN AGREEMENT CANNOT BE REACHED WITHIN THIRTY DAYS, THEN THE ARBITRATOR WILL BE APPOINTED BY JAMS IN ACCORDANCE WITH THE RULES. IF YOU INITIATE ARBITRATION HEREUNDER, YOU SHALL PAY UP TO $250 OF THE COSTS OF THE ARBITRATION AND WE PAY ALL COSTS OF THE ARBITRATION IN EXCESS THEREOF (TO THE EXCLUSION OF ANY ATTORNEYS' FEES YOU INCUR, WHICH SHALL EXCLUSIVELY BE BORNE BY YOU UNLESS AND UNTIL AWARDED BY THE ARBITRATOR IN THE FINAL AWARD). WHERE WE INITIATE ARBITRATION AGAINST YOU, WE SHALL PAY ALL COSTS OF THE ARBITRATION. THE PREVAILING PARTY WILL BE ENTITLED TO AN AWARD OF THE COSTS AND EXPENSES OF THE ARBITRATION, INCLUDING ATTORNEYS' FEES AND EXPERT WITNESS FEES TO THE FULLEST EXTENT PERMITTED BY LAW.

    4. EXCEPTIONS TO ARBITRATION

      . YOU AND WE AGREE THAT THE FOLLOWING DISPUTES (AND ONLY THESE DISPUTES) ARE NOT SUBJECT TO THE ABOVE PROVISIONS CONCERNING BINDING ARBITRATION AND MAY BE BROUGHT IN ANY COURT HAVING JURISDICTION OVER THE PARTIES AND SUBJECT MATTER: (1) ANY CLAIMS THAT QUALIFY FOR DISPOSITION BY A SMALL CLAIMS COURT; (2) ANY SUIT TO COMPEL ARBITRATION, STAY PROCEEDING PENDING ARBITRATION, OR TO CONFIRM, MODIFY, VACATE OR ENTER JUDGMENT ON THE AWARD ENTERED BY THE ARBITRATOR; AND (3) ANY SUIT TO SEEK TEMPORARY INJUNCTIVE RELIEF THAT WILL REMAIN IN PLACE ONLY UNTIL AN ARBITRATOR CAN DETERMINE WHETHER THE RELIEF SHOULD BE CONTINUED, MODIFIED OR REMOVED.

    5. SEVERABILITY

      . YOU AND WE AGREE THAT IF ANY PORTION OF THIS SECTION 11 IS FOUND ILLEGAL OR UNENFORCEABLE, THAT PORTION SHALL BE SEVERED AND THE REMAINDER OF THIS SECTION 11 SHALL BE GIVEN FULL FORCE AND EFFECT.

    6. OPT-OUT

      . YOU HAVE THE RIGHT TO OPT OUT OF THE PROVISIONS OF THIS SECTION 11 BY SENDING A TIMELY WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO THE FOLLOWING ADDRESS: GIFTROCKET ARBITRATION OPT-OUT, 228 PARK AVE S #62949, NEW YORK, NY 10003 OR BY EMAIL TO arbitration-opt-out@tremendous.com, WITHIN 30 DAYS AFTER EXECUTING THESE TERMS. YOUR NOTICE MUST INCLUDE YOUR NAME AND ADDRESS AND A CLEAR STATEMENT THAT YOU WANT TO OPT OUT OF THIS SECTION 11 OF THESE TERMS. IF YOU OPT OUT OF THIS SECTION 11 ALL OTHER PARTS OF THESE TERMS WILL CONTINUE TO APPLY TO YOU. OPTING OUT OF THIS SECTION 11 WILL NOT HAVE ANY EFFECT ON OTHER ARBITRATION AGREEMENTS THAT YOU MAY CURRENTLY HAVE WITH GIFTROCKET, OR MAY ENTER INTO IN THE FUTURE WITH GIFTROCKET.

  12. GENERAL TERMS

    1. Computer Viruses

      . We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment or any phishing, spoofing or other attack. We advise the regular use of reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from GiftRocket.

    2. Entire Agreement

      . These Terms comprise the entire understanding and agreement between you and GiftRocket as to your access to the Site and use of the Service, and supersedes any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of these Terms), and every nature between and among you and GiftRocket. Section headings in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms.

    3. Amendments

      . We may amend or modify these Terms by posting such revised version on the Site and the revised Terms shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. You agree that we shall not be liable to you or any third party for any modification or termination of the Services, or for suspension or termination of your access to the Services, except to the extent otherwise expressly set forth herein.

    4. Assignment

      . You may not assign any rights and/or licenses granted under these Terms. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. We reserve the right to assign our rights without restriction, including without limitation to any GiftRocket affiliates or subsidiaries, or to any successor in interest of any business associated with the Service. In the event that Tremendous is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

    5. Severability

      . If any provision of these Terms is determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.

    6. Relationship of the Parties

      . GiftRocket is an independent contractor for all purposes. Nothing in these Terms shall be deemed or is intended to be deemed, nor shall it cause, you and GiftRocket to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or GiftRocket to be treated as the agent of the other.

    7. Survival

      . All provisions of these Terms which by their nature extend beyond the expiration or termination of these Terms, including, without limitation, sections pertaining to suspension or termination, debts owed to GiftRocket, general use of the Site, disputes with GiftRocket, and general provisions, shall survive the termination or expiration of these Terms.

    8. Governing Law

      . These Terms are governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of laws provisions. To the extent any claims may be made in court pursuant to these Terms, and subject to the arbitration agreement contained in Section 11, if you have not opted out of the same, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York. TO THE EXTENT THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION ABOVE IS INAPPLICABLE TO A CLAIM OR ACTION, AND WITHOUT PREJUDICE TO SUCH SECTION, EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THESE TERMS; EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION; AND EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY TO ENTER INTO THESE TERMS. You and GiftRocket agree that any lawsuit arising out of or related to these Terms or your use of the Site or the Service, which is brought by you or any third party, must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred.

    9. Force Majeure

      . We shall not be liable for delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

    10. Contact GiftRocket

      . If you have any questions or concerns about these Terms, the Site, or the Service, please contact support@giftrocket.com.

  13. E-SIGN DISCLOSURE AND CONSENT

    1. Scope of Communications to Be Provided in Electronic Form

      . You understand and agree that we may provide you with any or all of the following types of communications electronically: (i) legally required disclosures, notices, and other communications associated with your access to or use of the Services, including, but not limited to information about fees or charges, and any and all legally required pre- and post-transaction disclosures; (ii) customer service communications; (iii) privacy policies and notices; (iv) changes to these Terms, (v) statements, information, and records regarding your transactions; (vi) information regarding the debiting or charging, as applicable, of your selected payment method; (vii) any and all legally required error resolution policies, and responses to claims filed in connection with your access to or use of the Services; (viii) any other communications related to your access to and/or use of the Services, and (ix) with your consent, marketing and other promotional communications (collectively, Communications).

    2. Communications in Writing

      . All Communications in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of these Terms and any other Communication that is important to you.

    3. Method of Providing Communications to You in Electronic Form

      . All Communications that we provide to you in electronic form will be provided either (i) via email, (ii) by access to a website that we will designate in an email notice we send to you at the time the information is available, or (iii) to the extent permitted by law, on the Site or via SMS text message. You agree to promptly review all Communications sent to you and that these are reasonable procedures for sending and receiving electronic communications.

    4. How to Update Your Records

      . To receive electronic Communications, each time you use the Service, you must provide us with a true, accurate, and complete email address.

    5. Hardware and Software Requirements

      . In order to access, view, and retain electronic Communications that we make available to you, you must have an electronic device that enables access to your email account or a commercially available Internet browser. You may wish to utilize a device that is capable of storing or printing the Communications for your records.

    6. Requesting Paper Copies

      . If you have consented to receive electronic Communications, we will not send you a paper copy of any Communication unless we deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically. You may obtain a paper copy of any legally required Communications and/or agreements. You may request such a paper copy by contacting us at support@giftrocket.com.

    7. How to Withdraw Consent

      . You may withdraw your consent to receive Communications in electronic form at any time by contacting us at support@giftrocket.com. Any withdrawal of your consent to receive electronic Communications will be effective only after we have received your request for withdrawal and have a reasonable period of time to process such request. In the meantime, you will continue to receive Communications in electronic form. By withdrawing your consent, you will no longer be able to use the Services. Withdrawing consent to receive marketing communications only does not preclude use of the Services, however. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected, and your previous electronic records will remain accessible for such period as is required under law and in a form that allows the record to be accurately reproduced to all persons who are entitled under law to access the record.

    8. Federal Law

      . You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (the E-SIGN Act), and that you and we both intend that the E-SIGN Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

    9. Termination/Changes

      . We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.