PLEASE READ THESE GENERAL TERMS OF USE CAREFULLY BEFORE USING THE FLEXGIFT.COM MOBILE APPLICATION AND/OR ITS AFFILIATED WEBSITE, FLEXGIFT.COM (COLLECTIVELY THE “FLEXGIFT.COM PLATFORM”). BY VISITING OR USING THE FLEXGIFT.COM PLATFORM, YOU AGREE TO BE BOUND BY THESE GENERAL TERMS OF USE AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND UNITED POS SOLUTIONS, INC AND ITS AFFILIATED ENTITIES (COLLECTIVELY THE “COMPANY”). IF YOU DO NOT AGREE TO THESE GENERAL TERMS OF USE, PLEASE DO NOT USE THE FLEXGIFT.COM PLATFORM.
These Terms of Use (“Terms of Use”) explain a contractual agreement between you (“you,” “your”) and United POS Solutions, Inc. (“UPSI,” “FlexGift,” “we,” “us,” “our”), regarding your use of this web site (the “FlexGift” Web site).
The trademark, FlexGift is an intellectual property of United Merchant Services, Inc (“UMSI”), and is used by UPSI under a license agreement.
You should print a copy of these Terms of Use for your records. Please note, however, that these Terms of Use may be updated and amended by us from time to time as provided herein and we have no obligation to notify you directly but will instead post any such updates and amendments to this web page.
FlexGift® TERMS AND CONDITIONS
FLEXGIFT® PROGRAM. UPSI has created a closed loop gift card program known as the UPSI Electronic and Non-Electronic Gift Card/Loyalty Program (the “FlexGift® Program”). UPSI offers the FlexGift® Program for purchase of gift cards and electronic gift cards (collectively, the “Gift Cards”) in Merchant’s retail store or electronically through Merchant’s website and allows reloading of the Gift Cards by holders on UPSI’ FlexGift website at www.FlexGift.com or its mobile application (collectively, the “FlexGift.com Platform”). For e-Gift Cards, the FlexGift® Program allows users to send and receive electronic Gift Cards to be used by the recipient at a specific Merchant listed on the FlexGift.com Platform. In order to utilize the FlexGift.com Platform, Merchant agrees to pay UPSI the fees set forth in the separate FlexGift® Program Agreement executed and in effect between UPSI or its Affiliate Company and Merchant.
APPLICABLE LAWS, RULES AND REGULATIONS. Merchant acknowledges that there are certain federal, state and local laws, rules and regulations applicable to the issuance, use and acceptance of prepaid cards, stored value cards and/or gift cards and/or the operation of customer loyalty programs, specifically including, but not limited to, laws applicable to escheat. Merchant agrees that it has sole responsibility to comply with all such laws, rules, or regulations at all times. Merchant further agrees to provide assistance to UPSI with respect to compliance with any such laws, rules and regulations as may be applicable to UPSI with respect to the FlexGift® Program. Merchant will allow the recipient of a Gift Card under the FlexGift® Program to redeem the full value of the Gift Card. Merchant is responsible for keeping track of the value and any unredeemable balance of a Gift Card. Merchant is solely responsible for complying with any applicable escheat or abandoned or unclaimed property laws in connection with a Gift Card.
CUSTOMER DATA.
“Customer Data” means any and all information relating to a customer, including but not limited to, name, address, email address, telephone number, other contact information, financial information, information relating to purchases or preferences, and any other identifying information.
Subject to any limitations imposed by applicable federal or state laws or regulations and the Privacy Policy available on the Site, (a) title to all Customer Data created through the FlexGift® Program and Online Services will vest jointly in UPSI and Merchant; (b) UPSI will make such Customer Data available to Merchant in the format upon which UPSI stores such data upon written request by Merchant, provided, however, that if Merchant requests such data to be configured in any way other than the standard way in which UPSI maintains such data, additional charges will apply; and (c) all Customer Data relating to the customers provided by UPSI to Merchant in connection with the FlexGift® Program and Online Services shall be used by Merchant solely for purposes of participating in the FlexGift® Program or Online Services. Merchant agrees that it will not share, transfer or transmit Customer Data to any other person or entity except as permitted under the FlexGift® Program Agreement or with UPSI’s prior written consent. Merchant is solely responsible for compliance with any laws and regulations applicable to Customer Data while it is in Merchant’s possession, custody or control. All Customer Data is subject to UPSI’s privacy practices as described in the Privacy Policy available on the Site.
MERCHANT CONTENT LICENSE. Merchant may provide Merchant Content to UPSI for use in connection with the FlexGift® Program, and if Merchant provides such Merchant Content to UPSI, Merchant hereby grants to UPSI a nonexclusive, worldwide, royalty free license to use the Merchant Content in connection with the FlexGift® Program. “Merchant Content” means any content owned or licensed by Merchant (other than from UPSI), including such content provided by Merchant to UPSI for use in connection with the FlexGift® Program, including, but not limited to, trademarks, service marks, logos, domain names, trade names, graphics, images, text, software, and copyrightable materials.
TAXES. Merchant is responsible for determining what, if any, taxes apply to the redemption of Gift Cards and for collecting, reporting, and remitting the correct tax to the appropriate tax authority, if any. UPSI is not responsible for determining whether taxes apply or for collecting, reporting, or remitting any taxes arising from any transaction with or by Merchant.DISPUTES; NO THIRD PARTY BENEFICIARIES. All disputes between Merchant and its customers relating to any Gift Card or FlexGift® Program transactions shall be settled between the Merchant and its customers. All disputes between Merchants that are franchisors and franchisees shall be settled between such franchisor and franchisee. In no event shall any cardholder customer be a third party beneficiary of this FlexGift® Program.
FEES. UPSI will commence billing for the Monthly Web Access Fee and Statement Fee from the date UPSI provides written acceptance and approval of the FlexGift Program Agreement submitted by Merchant. TERMINATION OF FLEXGIFT® PROGRAM. UPSI reserves the right to terminate this FlexGift® Program at any time for any reason.INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all materials, including images, illustrations, graphics, logos, button icons, designs, icons, photographs, video clips and all other visual, written, or oral information contained on the FlexGift.com Platform (collectively the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by the Company. Except as provided herein, you may not use the Contents in any way without the express written permission of the Company. The Company neither warrants nor represents that your use of the Contents will not infringe on rights of any third party not owned or affiliated with the Company. Except as specifically agreed to in writing by the Company, the FlexGift.com Platform and the Contents are intended solely for authorized use by Merchant and their gift card program customers. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not otherwise reproduce, publish, transmit, distribute, display, modify, create derivative work from, or sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the FlexGift.com Platform or related software.
Except as otherwise agreed to by the Company, the Company offers you access to the FlexGift.com Platform and to the content available on the FlexGift.com Platform solely for authorized use by Merchant and their gift card program customers. You may not resell or make any commercial use of the FlexGift.com Platform or the content on the FlexGift.com Platform. You may not download or copy to any account information for the benefit of any other merchant. You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy the content in an unauthorized manner. You may not engage in practices of “screen scraping”, “database scraping”, or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the FlexGift.com Platform, in any manner and any quantities not authorized by the Company. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Company or its affiliates without the Company’s prior written consent. You may not use meta tags or any other “hidden text” utilizing the Company’s name, trademarks or service marks without the express written consent of the Company.
You may not use this FlexGift.com Platform in any manner that could damage, disable, overburden, or impair the FlexGift.com Platform or interfere with any other’s use and enjoyment of the FlexGift.com Platform. The foregoing provisions are for the benefit of the Company, its affiliates, its subsidiaries and its third party content providers, licensors and strategic partners, if any, and each shall have the right to enforce certain provisions directly or on its own behalf. Illegal and/or unauthorized uses of this FlexGift.com Platform, including, but not limited to, unauthorized framing of or linking to the FlexGift.com Platform, or unauthorized use of any robot, spider, or other automated device on the FlexGift.com Platform, or any manual process to monitor or copy any portion of the content contained on the FlexGift.com Platform, will be investigated and appropriate legal action will be taken, including, without limitation, civil and criminal proceedings, proceedings for restraining orders and injunctions.
REQUIREMENTS TO USE THE FLEXGIFT.COM PLATFORM
General Requirements
Use of the FlexGift.com Platform requires internet access and certain software (fees may apply), and may be affected by the performance of these, and other, factors. You agree that these requirements are your responsibility. The FlexGift.com Platform is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the FlexGift.com Platform.
The Company does not warrant, represent, or guarantee that its FlexGift.com Platform will be available on your mobile device or computing device. If you do use a mobile device to access the FlexGift.com Platform, in addition to the terms and conditions of the FlexGift® Program Agreement and FlexGift.com Website Terms of Service, you are subject to the terms of your agreement with your mobile device manufacturer and carrier. You may incur charges from your mobile carrier for accessing the FlexGift.com Platform, which are solely your responsibility.
Who May Use the FlexGift.com Platform
The FlexGift.com Platform is available for individuals who are at least eighteen (18) years of age or business entities authorized to conduct business by the state in which it operates. The FlexGift.com Platform is available only in the United States, its territories, and possessions. You agree not to use or attempt to use the FlexGift.com Platform from outside these locations. You may not export the FlexGift.com Platform directly or indirectly, and acknowledge that the FlexGift.com Platform may be subject to export restrictions.
To access the FlexGift.com Platform you represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are using the FlexGift.com Platform in the United States; (c) you will not transfer your access to the FlexGift.com Platform to another person or allow another person to use your Account; (d) you are eligible to register and use the FlexGift.com Platform and have the right, power, and ability to enter into and perform under this Agreement; (e) the name identified by you when you create your profile is your legal name (f) any transaction entered into by you will represent a binding agreement; and (g) you and all transactions initiated by you will comply with all applicable federal, state, and local laws, rules, and regulations, including any applicable tax laws and regulations.
Account and Password
In order to access all the features and services of the FlexGift.com Platform, you need a valid user ID and corresponding password. Upon signing up for an Account, you will be required to select a password. Your user ID and password are confidential and must not be distributed or disclosed by you to third parties. You are responsible for maintaining the confidentiality of your Account password. You are responsible for all uses of your Account, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your Account.
Purchasing a Merchant-Issued Closed Loop Gift Account
Merchant-issued closed loop gift card accounts in the form of either physical gift cards or codes used to access funds in those accounts (“Merchant-Issued Closed Loop Gift Accounts”) are available to purchase by individuals over the age of 18 years. You represent and warrant to the Company and participating Merchant that you are at least 18 years old. Merchant and the Company retain the discretion to refuse to sell Merchant-Issued Closed Loop Gift Accounts to any person for any reason. The amount of credit verified by the Company at the time of sale shall be deemed the available balance on the Merchant-Issued Closed Loop Gift Accounts. No refunds will be issued, offered or provided for the purchase of Merchant-Issued Closed Loop Gift Accounts.
To complete a purchase, you will be asked to provide your billing information by Merchant. Merchant or UPSI or a payment processor, will charge your form of payment the full balance of your transaction. Billing occurs at the time of, or shortly after, your order submission.
You agree that you will pay for the Merchant-Issued Closed Loop Gift Accounts you purchase, and that the Company or Merchant may charge your credit card, debit card, or other form of payment for any products purchased and for any additional amounts that may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing the Company or Merchant with a valid form of payment. You represent and warrant that you are authorized to use any credit card, debit card, or other form of payment you provide to pay the purchase price.
The Company does not provide price protection or refunds in the event of a price reduction or promotional offering. Merchant or the Company reserve the right to change content option, including eligibility for and availability of particular features and promotions, without notice.
No Return of Merchant-Issued Closed Loop Gift Accounts
Merchant-Issued Closed Loop Gift Accounts are non-refundable and non-returnable.
Use of Merchant-Issued Closed Loop Gift Accounts
A Merchant-Issued Closed Loop Gift Account may be used in accordance with the terms and conditions specified by the merchant or other party who issued that Merchant-Issued Closed Loop Gift Account.
Disputes with Merchants
You agree to make a good faith effort to settle all disputes about purchases you make using your Merchant-Issued Closed Loop Gift Account with the merchant who accepted the Merchant-Issued Closed Loop Gift Account.
No Company liability for any Merchant-Issued Closed Loop Gift Account subsequent to your purchase
Company is not responsible for any value lost from a Merchant-Issued Closed Loop Gift Account and e-Gift account subsequent to your purchase. To reduce the likelihood of such a loss, however, Company recommends protecting your personal computer and mobile device with an appropriate password or other security measures to prevent unauthorized use or access.
LIMITATION OF LIABILITY; NO REPRESENTATIONS OR WARRANTIES.
UPSI SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING LOSSES RESULTING FROM DESTRUCTION OR DAMAGE OF RECORDS, LOAD FAILURE, LOST DATA OR LOST PROFITS. THE LIMIT OF MONETARY DAMAGES AGAINST UPSI UNDER ANY CIRCUMSTANCES SHALL BE THE AMOUNT PAID BY MERCHANT TO UPSI PURSUANT TO THE FLEXGIFT® PROGRAM IN THE THIRTY (30) DAYS PRECEDING THE DATE ANY CLAIM AGAINST UPSI AROSE.
THE FLEXGIFT® PROGRAM, SITE, AND ALL RELATED CONTENT AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS. UPSI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION (A) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT WITH RESPECT TO THE FLEXGIFT PROGRAM, THE SITE OR ANY GIFT CARDS FURNISHED TO MERCHANT HEREUNDER OR (B) ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLIANCE OF THE FLEXGIFT® PROGRAM, THE SITE OR THE USE, ISSUANCE OR ACCEPTANCE OF ANY GIFT CARDS WITH AND FEDERAL, STATE OR LOCAL LAWS, RULES OR REGULATIONS. UPSI DOES NOT WARRANT THAT THE FLEXGIFT® PROGRAM, SITE OR RELATED CONTENT AND MATERIALS IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, THAT IT WILL MEET MERCHANT’S REQUIREMENTS, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR WITHOUT INTERRUPTION, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE FLEXGIFT® PROGRAM, PLATFORM, AND SITE IS AT MERCHANT’S OWN RISK AND MERCHANT IS SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO PROPERTY OR DATA THAT MAY RESULT.
UPSI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PURCHASED USING A GIFT CARD, OR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR THE FLEXGIFT® PROGRAM OR THROUGH ANY HYPERLINKED WEBSITE.
UPSI shall not have any liability whatsoever for (A) any lost or stolen or unauthorized use of Gift Cards; or (B) or any fraud and/or forgery in relation to the FlexGift® Program perpetrated by Merchant or a third party.
In addition, UPSI shall not be liable for the following:
* If the transaction would exceed the funds available through your selected form of payment
* If your connectivity, personal computer, or mobile device is not working properly
* If circumstances beyond our control (such as flood or fire or other natural disaster) prevent the transaction, despite reasonable precautions that we may have taken
* Any issue covered by the Disclaimer of Warranties section
* As otherwise stated in these Terms of Use or provided by law
Prohibited Activities
The FlexGift.com Platform may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any applicable law, regulation, ordinance or other rule imposed by any governmental authority, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other proprietary right.
You agree that you will not use or attempt to use another person’s or entity’s account, service or system without authorization from the owner, nor will you interfere with the security of the FlexGift.com Platform, system resources or accounts or any network. You may not abuse systems, or make use of the FlexGift.com Platform in a way that disrupts the normal use of the Company’s system or services for others. This includes but is not limited to, running excessive numbers of processes, attempting to disrupt the connections or other customers, consuming excessive amounts of CPU time, memory or disk space, or running multiple simultaneous logins.
You may not use the FlexGift.com Platform for any illegal or unlawful purpose. Further, transmission, storage or presentation of any information, data or materials in violation of any United States federal, state or municipal statute, rule or regulation is prohibited. This includes, but is not limited to, material which infringes a copyright, material that is threatening or obscene, material that is “adult only” content, or material which violates trade secret and other federal or state laws. Any violation of the terms and conditions set forth in these Terms of Use entitles the Company to immediately terminate your Account without notice of any kind or nature.
FRAUD, ABUSE AND HARM
We may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of any agreement or exposes you, other users, our service providers or the Company to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your FlexGift.com Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your FlexGift.com Account purchases, and any of your activity with law enforcement authorities.
The Company reserves the right to review, postpone, or cancel the purchase on the FlexGift.com Platform or the dispersal of funds to any user at our discretion. Additionally, you represent and warrant that you will not use the FlexGift.com Platform, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the FlexGift.com Platform, and you will not use the FlexGift.com Platform for: (1) any illegal activity; (2) adult entertainment oriented products or services, regardless of the manner or form of such products; (3) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries.); (4) internet/mail order/telephone order firearm or weapon sales; (5) internet/mail order/telephone order cigarette or tobacco sales; (6) drug paraphernalia; or (7) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races; (8) infringing the rights or any person or entity, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service-attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology; (9) transmitting, distributing, posting or submitting any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; (10) the distribution of unsolicited commercial email (“spam”) or advertisements; (11) “stalking” or harassing any other user of our products or services or collecting or storing any information about any other user other than for purposes of transacting as a user of the FlexGift.com Platform; (12) registering for more than one user account or registering for a user account on behalf of an individual other than yourself; (13) impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity; (14) running automated scripts to collect information or otherwise interact with the FlexGift.com Platform; or (15) advocating, encouraging, or assisting any third party in doing any of the foregoing.
TERMINATION
We may terminate this Agreement and modify or close End User Account for any reason or no reason at any time with or without notice, and without liability of any kind or nature to End User or any third party. We may also suspend End User’s access to the FlexGift.com Platform if you (a) have violated the terms or conditions of the Agreement, (b) pose an unacceptable risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
If End User Account is terminated for any reason or no reason End User agrees: (a) to continue to be bound by this Agreement; (b) to immediately stop using the FlexGift.com Platform; (c) that we reserve the right, but have no obligation, to delete End User information and account data stored on our servers; and (d) that the Company shall not be liable to End User or any third party for termination of End User’s access to the FlexGift.com Platform or deletion of End User’s information or account data.
End User may terminate this Agreement and other agreements by closing his/her Account at any time. Upon closure of an Account, any pending transactions will be cancelled and we will erase the contents of End User’s wallet.
INDEMNIFICATION
You agree to defend, indemnify and hold the Company, its affiliates, officers, directors, members, managers, employees and agents harmless from and against any and all claims, actions, damages, costs, liabilities, losses and expenses, including attorneys’ fees, arising from or related to your use of the FlexGift.com Platform or any information you provide to the Company and for breach of these General Terms of Use or any other policy or any agreement with the Company.
Copyright, Trademarks and Patents
All content included on the FlexGift.com Platform is the property of the Company or its content suppliers and protected by U.S. and international copyright, patent and/or trademark laws. The compilation (meaning the collection, arrangement and assembly) of all content on the FlexGift.com Platform is the exclusive property of the Company and protected by U.S. and international copyright, patent and/or trademark laws. All software used on the FlexGift.com Platform is the property the Company or its software suppliers and protected by U.S. and international copyright, patent and/or trademark laws. The content and software on the FlexGift.com Platform is intended for use, and may be used, as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the FlexGift.com Platform is strictly prohibited. Unless expressly authorized by the Company in writing, you may not use the contents with any product or services not provided by the Company, or in any manner that is likely to cause confusion among consumers or that might disparage or discredit the Company. All other trademarks and service marks appearing on the FlexGift.com Platform are the property of the respective owners, including third party providers of products and services with links to and from the FlexGift.com Platform. FlexGift is a registered trademark of United Merchant Services, Inc, and is used by UPSI under a license agreement.
FLEXGIFT.COM IS NOT A MONEY SERVICES BUSINESS
The Company is not a bank or a money services business (“MSB”) and we do not offer banking or MSB services as defined by the United States Department of Treasury. Accordingly, you agree that you will not use the FlexGift.com Platform or its products or services primarily for the purpose of transmitting funds.
GOVERNING LAW, ARBITRATION AND JURISDICTION
You recognize that, although the internet can be accessed from anywhere in the world, the FlexGift.com Platform is located in the state of New Jersey, United States of America, and that when you access the FlexGift.com Platform, you are doing so in the state of New Jersey, United States of America. These Terms of Use shall be governed by and construed in accordance with the internal substantive laws of the state of New Jersey, without giving effect to any principles of conflict of law of any jurisdiction. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY A SINGLE ARBITRATOR UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION, UNLESS SPECIFICALLY AGREED TO BY THE PARTIES. ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR SHALL BE DETERMINED JOINTLY BY THE PARTIES WITHIN THIRTY (30) DAYS OF SUBMISSION OF A WRITTEN DEMAND FOR ARBITRATION BY ONE PARTY TO THE OTHER. IN THE EVENT THE PARTIES ARE UNABLE TO AGREE ON AN ARBITRATOR, EACH PARTY SHALL SUBMIT THE NAME OF ONE (1) ARBITRATOR AND THOSE TWO (2) ARBITRATORS SHALL DECIDE UPON A THIRD ARBITRATOR WHO SHALL PRESIDE OVER THE DISPUTE. YOU FURTHER AGREE THAT ANY ARBITRATION ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE FLEXGIFT.COM PLATFORM SHALL BE FILED ONLY IN BERGEN COUNTY, NEW JERSEY, AND YOU HEREBY IRREVOCABLY CONSENT AND SUBMIT TO PERSONAL JURISDICTION AND VENUE IN BERGEN COUNTY, NEW JERSEY AND WAIVE ANY OBJECTION TO SUCH JURISDICTION AND VENUE. EACH PARTY SHALL BEAR ITS OWN COSTS, INCLUDING ATTORNEYS FEES, ASSOCIATED WITH ARBITRATION.
Entire Agreement, Severability
These Terms of Use constitute the entire agreement between you and the Company with respect to your use of the FlexGift.com Platform and supersedes any other agreement, proposals and communications, written or oral, between the Company and you with respect to the subject matter hereof. If a court should find that one or more rights or provisions contained herein are invalid, you agree that the remainder of the Terms of Use shall be enforceable.
Last updated: August 1, 2017