Terms and Conditions of Use

Page Contents

Terms of UseLast updated Dec. 02, 2019

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf  of  an  entity  (“you”)  and  Best  Gift  Listings  Inc,  doing  business  as  Best  Gift  Listings  (“Best  Gift Listings“, “we”, “us”, or “our”), concerning your access to and use of the https://www.bestgiftlistings.com website  as  well  as  any  other  media  form,  media  channel,  mobile  website  or  mobile  application  related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless   otherwise   indicated,   the   Site   is   our   proprietary   property   and   all   source   code,   databases, functionality,  software,  website  designs,  audio,  video,  text,  photographs,  and  graphics  on  the  Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United  States,  foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site  and  no  Content  or  Marks  may  be  copied,  reproduced,  aggregated,  republished,  uploaded,  posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Copyright © 2019 Best Gift Listings, BGL, and John Onyedikachi Ede

Best Gift Listings is a wholly-owned subsidiary of John Onyedikachi Ede. BGL is a wholly-owned subsidiary-Same Company as “Best Gift Listings”, excepting the fact that “BGL” is an abbreviation for “Best Gift Listings of John Onyedikachi Ede.

Don’t copy any or all but not limited to these items:

  • Design of the Website: “Best Gift Listings” located at “www.bestgiftlistings.com” is a Trademark of John Onyedikachi Ede.
  • Intellectual Content of the Website: Best Gift Listings. Located at “www.bestgiftlistings.com” is a Trademark of John Onyedikachi Ede.
  • Logo for “Best Gift Listings” located at “www.bestgiftlistings.com” is a Trademark of John Onyedikachi Ede.
  • Trade Mark Symbols at “Best Gift Listings” located at “www.bestgiftlistings.com” is a Trademark of John Onyedikachi Ede.
  • Page Format at “Best Gift Listings” located at “www.bestgiftlistings.com” is a Trademark of John Onyedikachi Ede.
  • Articles, Posts, Pages, and Content at “Best Gift Listings” located at “www.bestgiftlistings.com” is a Trademark of John Onyedikachi.
  • The Name: “Best Gift Listings” or “BGL” or “B.G.L” referring to the website located at “www.bestgiftlistings.com” is a Trademark of John Onyedikachi Ede.

Trademarks may be registered in some jurisdictions. All other trademarks are the property of their respective owners. No claim to copyright is made for original U.S. Government Works.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate,  current,  and  complete;  (2)  you  will  maintain  the  accuracy  of  such  information  and  promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use;   (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1.  Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2.  Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

3.  Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

4.  Tricks, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

5.  Make improper use of our support services or submit false reports of abuse or misconduct.

6.  Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

7.  Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

8.  Attempt to impersonate another user or person or use the username of another user.

9.  Sell or otherwise transfer your profile.

10.  Use any information obtained from the Site in order to harass, abuse, or harm another person.

11.  Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

12.  Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

13.  Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

14.  Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

15.  Delete the copyright or other proprietary rights notice from any Content.

16.  Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

17.  Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

18.  Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

19.  Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

20.  Use the Site in a manner inconsistent with any applicable laws or regulations.

21.  Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

22.  Don’t Hack our website, Do not upload or distribute inappropriate material, including but not limited, to information that can attack and or tarnish a person and or their ideals, pornographic media.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other  functionality,  and  may  provide  you  with  the  opportunity  to  create,  submit,  post,  display,  transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.  When  you  create  or  make  available  any  Contributions,  you  thereby  represent  and warrant that:

1.  The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2.  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

3.  You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

4.  Your Contributions are not false, inaccurate, or misleading.

5.  Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6.  Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

7.  Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8.  Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

9.  Your Contributions do not violate any applicable law, regulation, or rule.

10.  Your Contributions do not violate the privacy or publicity rights of any third party.

11.  Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

12.  Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

13.  Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

14.  Your Contributions do not otherwise violate or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By  posting  your  Contributions  to  any  part  of  the  Site  or  making  Contributions  accessible  to  the  Site  by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,  non-exclusive,  transferable,  royalty-free,  fully-paid,  worldwide  right,  and  license  to  host,  use, copy,  reproduce,  disclose,  sell,  resell,  publish,  broadcast,  retitle,  archive,  store,  cache,  publicly  perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and  to  prepare  derivative  works  of,  or  incorporate  into  other  works,  such  Contributions,  and  grant  and authorize  sublicenses  of  the  foregoing.  The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name,  and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your  Contributions.  You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We  have  the  right,  in  our  sole  and  absolute  discretion,  (1)  to  edit,  redact,  or  otherwise  change  any Contributions;  (2)  to  re-categorize  any  Contributions  to  place  them  in  more  appropriate  locations  on  the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings.  When  posting  a  review,  you  must comply  with  the  following  criteria:  (1)  you  should  have  firsthand  experience  with  the  person/entity  being reviewed;  (2)  your  reviews  should  not  contain  offensive  profanity,  or  abusive,  racist,  offensive,  or  hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national  origin,  age,  marital  status,  sexual  orientation,  or  disability;  (4)  your  reviews  should  not  contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you  should  not  make  any  conclusions  as  to  the  legality  of  conduct;  (7)  you  may  not  post  any  false  or misleading  statements;  and  (8)  you  may  not  organize  a  campaign  encouraging  others  to  post  reviews, whether positive or negative.

We may accept,  reject, or remove reviews in our sole discretion.  We have absolutely no obligation to screen reviews or to delete reviews,  even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. 

We do not assume liability for any review or for any claims,  liabilities, or losses resulting from any review.  By posting a  review and or a comment, you hereby grant to us a  perpetual,  non-exclusive, worldwide,  royalty-free,  fully-paid,  assignable, and sublicensable right and license to reproduce,  modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third- Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party  Account,  without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party  Account  (the  “Social  Network  Content”)  so  that  it  is  available  on  and  through  the  Site  via  your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party  Account  additional  information  to  the  extent  you  are  notified  when  you  link  your  account  with  the Third-Party  Account.

Depending on the  Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.

You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY  SERVICE  PROVIDERS  ASSOCIATED  WITH  YOUR  THIRD-PARTY  ACCOUNTS  IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. 

You can deactivate the connection between the  Site and your Third-Party  Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party  Account, except the username and profile picture that becomes associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions,  comments,  suggestions,  ideas,  feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. 

We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well   as   articles,   photographs,   text,   graphics,   pictures,   designs,   music,   sound,   video,   information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for  accuracy,  appropriateness,  or  completeness  by  us,  and  we  are  not  responsible  for  any  Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.  If you decide to leave the Site and access the  Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.  You should review the applicable terms and policies,  including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.

Any purchases you make through Third-Party Websites will be through other websites and from other companies including but are not limited to affiliates and business partner with whom you develop a third party vendor relationships, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. 

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Affiliates

There are some affiliates links on our post, from places such as Amazon, CJ Affiliates, ShareASale, Click Funnels, (which, for you, means that when you like a product and click the link, we will receive a commission at no extra cost to you!-guaranteed!!!), be fully assured that we also bring these items to you from the most well-rated merchants and industry-leading professionals, sellers, brands, etc., who we’ve had experiences and are satisfied with!

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements.  If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.  We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use,  including  without  limitation,  reporting  such  user  to  law  enforcement  authorities;  (3)  in  our  sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically  feasible)  any  of  your  Contributions  or  any  portion  thereof;  (4)  in  our  sole  discretion  and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://bestgiftlistings.com/l/privacy_policy/. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Further, we do not knowingly accept,  request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below  (a  “Notification”).  A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER  PROVISION  OF  THESE  TERMS  OF  USE,  WE  RESERVE  THE  RIGHT  TO,  IN  OUR  SOLE DISCRETION  AND  WITHOUT  NOTICE  OR  LIABILITY,  DENY  ACCESS  TO  AND  USE  OF  THE  SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO   REASON,   INCLUDING   WITHOUT   LIMITATION   FOR   BREACH   OF   ANY   REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR  ACCOUNT  AND  ANY  CONTENT  OR  INFORMATION  THAT  YOU  POSTED  AT  ANY  TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil,  criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times.  Note that We may experience hardware,  software,  or other problems or need to perform maintenance related to the Site, resulting in interruptions,  delays,  or errors. Equally, We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be entirely performed within the State of Georgia, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and  collectively,  the  “Parties”),  the  Parties  agree  to  first  attempt  to  negotiate  any  Dispute  (except  those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations,  the  Dispute  (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.  YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND  HAVE  A  JURY  TRIAL.  The arbitration shall be commenced and conducted under the  Commercial Arbitration  Rules of the American  Arbitration  Association  (“AAA”)  and, where appropriate,  the  AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA  Consumer Rules and, where appropriate, limited by the  AAA  Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online.

The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States County, Georgia. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration,  or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in United States County, Georgia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations  and  binding  arbitration:  (a)  any  Disputes  seeking  to  enforce  or  protect,  or  concerning  the validity  of,  any  of  the  intellectual  property  rights  of  a  Party;  (b)  any  Dispute  related  to,  or  arising  from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors,  inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE  SITE  AND  OUR  SERVICES  WILL  BE  AT  YOUR  SOLE  RISK.  TO  THE  FULLEST  EXTENT PERMITTED  BY  LAW,  WE  DISCLAIM  ALL  WARRANTIES,  EXPRESS  OR  IMPLIED,  IN  CONNECTION WITH  THE  SITE  AND  YOUR  USE  THEREOF,  INCLUDING,  WITHOUT  LIMITATION,  THE  IMPLIED WARRANTIES   OF   MERCHANTABILITY,   FITNESS   FOR   A   PARTICULAR   PURPOSE,   AND   NON- INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR  INACCURACIES  OF  CONTENT  AND  MATERIALS,  (2)  PERSONAL  INJURY  OR  PROPERTY DAMAGE,  OF  ANY  NATURE  WHATSOEVER,  RESULTING  FROM  YOUR  ACCESS  TO  AND  USE  OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION  OR  CESSATION  OF  TRANSMISSION  TO  OR  FROM  THE  SITE,  (5)  ANY  BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE  BY  ANY  THIRD  PARTY,  AND/OR  (6)  ANY  ERRORS  OR  OMISSIONS  IN  ANY  CONTENT  AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR   SERVICE   ADVERTISED   OR   OFFERED   BY   A  THIRD   PARTY   THROUGH   THE   SITE,   ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE

FOR  MONITORING  ANY  TRANSACTION  BETWEEN  YOU AND  ANY  THIRD-PARTY  PROVIDERS  OF PRODUCTS  OR  SERVICES.  AS  WITH  THE  PURCHASE  OF  A  PRODUCT  OR  SERVICE  THROUGH ANY  MEDIUM  OR  IN  ANY  ENVIRONMENT,  YOU  SHOULD  USE  YOUR  BEST  JUDGMENT  AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY  THIRD  PARTY  FOR  ANY  DIRECT,  INDIRECT,  CONSEQUENTIAL,  EXEMPLARY,  INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE  POSSIBILITY  OF  SUCH  DAMAGES.  NOTWITHSTANDING  ANYTHING  TO  THE  CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN STATE LAWS 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4)  any  breach  of  your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

We will use reasonable efforts to notify you of any such claim,  action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data,  you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. Firstly, You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically,  via email and on the Site, satisfy any legal requirement that such communication is in writing.  

NOTE THAT YOU   HEREBY   AGREE   TO   THE   USE   OF ELECTRONIC    SIGNATURES,    CONTRACTS,    ORDERS,    AND    OTHER    RECORDS,    AND    TO ELECTRONIC  DELIVERY  OF  NOTICES,  POLICIES,  AND  RECORDS  OF  TRANSACTIONS  INITIATED OR  COMPLETED  BY  US  OR  VIA  THE  SITE.  You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. 

We shall not be responsible or liable for any loss,  damage,  delay,  or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful,  void, or unenforceable,  that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. 

Disclaimer

Last updated: September 02, 2019
The information contained on the https://www.bestgiftlistings.com website (the “Service”) is general information and is serviced for educational purposes only. Best Gift Listings assumes no responsibility for errors or omissions in the contents on the Service. Best Gift Listings assumes no responsibility for any actions or consequences that emerge as a result of information retrieved from this website by the reader.

In no event shall Best Gift Listings be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other torts, arising out of or in connection with the use of the Service or the contents of the Service. Best Gift Listings reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice. Best Gift Listings does not warrant that the website is free of viruses or other harmful components.

External links disclaimer https://www.bestgiftlistings.com website may contain links to external websites that are not provided or maintained by or in any way affiliated with Best Gift Listings. Please note that the Best Gift Listings does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

This website may contain links to external websites that are not provided or maintained by or in any way affiliated with Best Gift Listings. Please note that the Best Gift Listings does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

There is no joint venture,  partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.

You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:

Best Gift Listings Inc

0000 Address Road

City, GA 12345

Email Us