GiftMyWay, LLC provides its service to you subject to the following Terms and Conditions of Use Agreement (referred to herein as these “Terms” or “Terms of Use” or “Termsand Conditions”). Please read this document carefully as it contains the legal terms, conditions and disclaimers that you agree to when you use our Site.

References
References to “we,” “us,” the “Company,” “GiftMyWay,” or “GiftMyWay.com in these Terms and Conditions are to GiftMyWay, LLC, a Delaware limited liability company. Reference to “you” in these Terms and Conditions are to the users of this website.
These Terms and Conditions apply to the GiftMyWay web site located at www.GiftMyWay.com, and all associated sites linked to www.GiftMyWay.com by GiftMyWay, its subsidiaries and affiliates, including any other GiftMyWay sites around the world (collectively, the “Site”). The Site is the property of GiftMyWay Inc. (“GiftMyWay”) and its licensors.
GiftMyWay reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, GiftMyWay grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Acceptance Of Terms
This Site is a service of GiftMyWay.com. GiftMyWay.com provides its service to you subject to these Terms and Conditions. By accessing this Site on the Internet or World Wide Web and/or clicking on the “YES” button at the bottom of this page and using this Site, you are agreeing to comply with and be bound by the Terms. In addition, when using particular GiftMyWay.com services, you are subject to any posted guidelines or rules applicable to such services. All such guidelines and rules applicable to such services are hereby incorporated by reference in the Terms. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Description Of Service
GiftMyWay.com sells paper products including greeting cards, postcards, invitations, and announcements on-line, together with digital audio and other media content (collectively, the “GiftMyWay Content”), stored-valued gift cards, and other select merchandise, services and products. Additionally, GiftMyWay.com offers various services relating to the printing, purchase and mailing of the above-described items (collectively, the “Service”). Unless specifically stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms and Conditions.
Requirements for Use of the GiftMyWay Service. The GiftMyWay Service is for individuals over 18 years of age who can form legally binding contracts under applicable law. If you do not meet the foregoing or other applicable requirements, you may not use the GiftMyWay Service.
Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the GiftMyWay Site. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation which may be transferred to your computer via the GiftMyWay Service.
GiftMyWay Content License. When you “clickout” or otherwise “purchase” (referred to herein, collectively as “Purchase”) GiftMyWay Content from the GiftMyWay Service, GiftMyWay grants you a limited, revocable, non-exclusive, non-transferable license to download or copy such GiftMyWay Content to your computer and/or your applicable devices solely for your personal non-commercial use. You shall not copy, reproduce, distribute or use the GiftMyWay Content in any other manner. You shall not sell, transfer, ease, modify, distribute or publicly perform the GiftMyWay Content in any manner and you shall not exploit it commercially. Do not (A) decompile, disassemble, or reverse engineer the GiftMyWay Content or attempt to do so; or (B) modify the GiftMyWay Content or create any derivative works therefrom. This license to the GiftMyWay Content you Purchase will continue for as long as your copy of GiftMyWay Content exists pursuant to and in accordance with the terms and conditions of this Agreement.

Proprietary Rights in Content on GiftMyWay.com
GiftMyWay.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you upload to GiftMyWay for use on products purchased through the GiftMyWay.com Service. After posting your Content to the GiftMyWay.com Service, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By uploading or publishing (“posting”) any Content on or through the GiftMyWay.com Service, you hereby grant to GiftMyWay.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the GiftMyWay.com Service.
Without this license, GiftMyWay.com would be unable to provide the customized GiftMyWay.com Service. For example, without the right to use and modify Content, GiftMyWay.com would not be able to digitally compress music files that you upload to burn onto music CDs that you wish to send to gift recipients, format images onto greeting cards that you wish to send to gift recipients, or otherwise format Content to satisfy technical requirements. The license you grant to GiftMyWay.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to GiftMyWay.com), fully-paid and royalty-free (meaning that GiftMyWay.com is not required to pay you for the use on the GiftMyWay.com Services of the Content that you post), sublicensable (so that GiftMyWay.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the GiftMyWay.com Services), and worldwide (because the Internet is global in reach). In addition, you grant GiftMyWay.com a limited license to display and/or perform your Content on the GiftMyWay.com Site for the purpose of advertising and promoting the GiftMyWay.com customized gift services. The license does not grant GiftMyWay.com the right to sell your Content, nor does the license grant GiftMyWay.com the right to distribute your Content other than for the purpose of including your Content at your request on gifts you purchase through the GiftMyWay.com Site.
You represent and warrant that: (i) you own the Content posted by you on or through the GiftMyWay.com Service or otherwise have the right to grant the license set forth in this section, and (ii) the uploading and use of your Content on or through the GiftMyWay.com Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the GiftMyWay.com Service.

Content Uploaded
GiftMyWay.com may delete or refuse to use any Content that in the sole judgment of GiftMyWay.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. GiftMyWay.com assumes no responsibility for monitoring the GiftMyWay.com Service for inappropriate Content or conduct. If at any time GiftMyWay.com chooses, in its sole discretion, to monitor the GiftMyWay.com Service, GiftMyWay.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user submitting any such Content.
You are solely responsible for the Content that you upload on or through the GiftMyWay.com Service. GiftMyWay.com does not endorse and has no control over the Content. Content is not necessarily reviewed by GiftMyWay.com prior to modifying, formatting or otherwise using on products on which you have requested the Content be used, and does not necessarily reflect the opinions or policies of GiftMyWay.com. GiftMyWay.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content.
Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to upload on or through the GiftMyWay.com Service. GiftMyWay.com reserves the right to investigate and take appropriate legal action against anyone who, in GiftMyWay.com’s sole discretion, violates this provision, including without limitation, removing the offending communication from the GiftMyWay.com Service and terminating the account of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of GiftMyWay.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. takes advantage, sexually or otherwise, anyone under the age of 18;
6. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or     libelous;
7. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated music;
8. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or     buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
9. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
10. includes a photograph of another person that you have uploaded without that person’s consent; or
11. uses sexually suggestive imagery or any other unfair, misleading or deceptive Content.

Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites (“Third Party Sites”) 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 (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Right to Change Prices. Prices of all GiftMyWay products and services are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the GiftMyWay Site or the GiftMyWay Service.
Electronic Signatures and Contracts. Your use of the GiftMyWay Service includes the ability to enter into agreements and/or to make Purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR YOUR PURCHASES AND APPLIES TO ALL ELECTRONIC COMMUNICATIONS AND RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE.
YOU CONSENT TO GIFTMYWAY PROVIDING YOU ANY INFORMATION THAT GIFTMYWAY IS REQUIRED TO SEND YOU REGARDING YOUR AGREEMENT, PURCHASES AND OTHER TRANSACTIONS (“REQUIRED INFORMATION”) IN ELECTRONIC FORM. GIFTMYWAY MAY PROVIDE REQUIRED INFORMATION TO YOU (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFIED IN YOUR GIFTMYWAY ACCOUNT SET-UP SUBMISSION, (2) BY ACCESS TO A GIFTMYWAY WEBSITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE, OR (3) BY ACCESS TO AN GIFTMYWAY WEBSITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE. YOU MAY REQUEST PAPER COPIES, WITHDRAW YOUR CONSENT, OR UPDATE YOUR E-MAIL ADDRESS BY EMAILING YOUR REQUEST TO  support@giftmyway.com.
IN ORDER FOR YOU TO ACCESS AND RETAIN YOUR ELECTRONIC RECORDS, YOU MUST HAVE THE FOLLOWING HARDWARE AND SOFTWARE: A COMPUTER CAPABLE OF READING TEXT FILES, A MODEM OR OTHER MEANS OF ACCESSING THE INTERNET, AND A BROWSER CAPABLE OF ACCESSING AND DISPLAYING WEB PAGES.
NOTWITHSTANDING YOUR CONSENT AS SET FORTH IN THIS SECTION, YOU MAY AT ANY TIME OBTAIN A PAPER COPY OF AN ELECTRONIC RECORD BY SENDING AN E-MAIL TO US AND PAYING A NOMINAL FEE PER COPY.
YOUR CONSENT TO ELECTRONIC AGREEMENTS SET FORTH ABOVE IS NECESSARY FOR USE OF THE GIFTMYWAY SERVICE. YOU MAY WITHDRAW CONSENT BY SENDING GIFTMYWAY AN E-MAIL CONTAINING INFORMATION UNIQUE TO YOU INCLUDING YOUR ACCOUNT INFORMATION; HOWEVER, THIS WILL RESULT IN A TERMINATION OF THIS AGREEMENT AND OF YOUR ABILITY TO USE THE GIFTMYWAY SERVICE.
Availability of GiftMyWay Products. We will exercise reasonable efforts to provide the GiftMyWay products and services in a timely manner. On occasion, technical or supplier problems may delay or prevent delivery.

Merchants
The stored-value cards offered by merchant retailers and available at GiftMyWay.com are subject to change. GiftMyWay.com makes no guarantee that the merchants will remain the same or that a particular merchant will be available at all times. See the complete list of current merchants at www.GiftMyWay.com. The customer is subject to the limitations and rules of the merchant whose gift card the customer redeems. GiftMyWay.com is not responsible for any restrictions or terms and conditions of any merchant’s gift card. GiftMyWay.com is not responsible for merchants that are no longer in business or that change their location(s). The merchant locations listed at this Site are listed a guide only and GiftMyWay.com does not guarantee the accuracy of this information. GiftMyWay.com does not assume responsibility or liability for the actions, product,or content of any merchant.

Returns and Exchanges
Sure Gift and merchant gift cards will not be exchanged and are not subject to returns for credit or refunds once activated.

Lost or Stolen Stored-Value Gift Cards
GiftMyWay.com will not replace a gift card that is lost or stolen after being received. If an order has not arrived at the customer’s shipping location within 13 days of the shipment date, GiftMyWay.com may cancel and replace such order, provided the holder submits to GiftMyWay.com a properly completed Affidavit of Claimant/Lost Card within 60 days of the shipment date. Upon receipt of such affidavit and provided a balance remains on the card(s) from such order, GiftMyWay.com will initiate a review process. The card may or may not be replaced, depending upon the outcome of such review. GiftMyWay.com will not replace any lost or stolen cards if the Affidavit of Claimant/Lost Card was not received within the 60-day period. To initiate the investigation, the customer should call 1-866-443-8469.

GiftMyWay “Sure Gifts” Gift Cards
“Sure Gift” gift cards are redeemable by calling 1-866-443-8469 for gift cards of merchants listed at www.GiftMyWay.com. They cannot be used on the websites or in the stores of any of GiftMyWay.com’s participating merchants. If the amount of your purchase is greater than the value of your Sure Gift, your credit card will be charged for the excess amount. Promotional Sure Gifts may have shorter expiration periods than regular Sure Gifts and are not subject to replacement. Promotions are not valid when redeeming Sure Gift. Sure Gifts are not valid for prior purchases. Sure Gifts are redeemable only by residents of the U.S. and Puerto Rico. Sure Gifts do not expire.

Shipping
GiftMyWay.com does not ship to APO/FPO addresses or international addresses other than those in Puerto Rico. Deliveries may not be sent to a P.O. Box. Emailable and physically shipped cards are subject to the same verification rules, which could prevent an emailable card from being sent the same day as the day of order. All orders are subject to a verification process, and any information submitted that does not verify with a customer’s financial institutions may cause delays. GiftMyWay.com is not responsible for orders that are not received due to the customer inputting incorrect or incomplete delivery information.

Intellectual Property
All materials incorporated in or accessible through this Site, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of this Site), are protected by United States and international copyright laws, and are owned, licensed or controlled by GiftMyWay, LLC (together with its subsidiaries and affiliates, “GiftMyWay.com”) or by the original creators of such materials or their respective assignees. Such materials may be used as a resource for purchasing the products offered through this Site. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of GiftMyWay.com or other copyright owner is strictly prohibited. In the event of any permitted use of such materials, including, without limitation, any copying, reproduction, distribution, republication, downloading, or display thereof, you will make no changes in or deletion of author attribution, trademark legend, patent or copyright notice. No right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.

Trademarks
“GiftMyWay” “GiftMyWay.com” and “Sure Gift” are trademarks of GiftMyWay.com and all other graphics, logos, trade names, and service names incorporated in this Site are trademarks or registered trademarks of their respective owners, and are protected by United States and international trademark laws. None of such trademarks may be used in connection with any product or service that is not GiftMyWay.com’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GiftMyWay.com.

Disclaimers
This Site is provided by GiftMyWay.com on an “as is” basis. GiftMyWay.com has incorporated or may from time to time incorporate in this Site third-party materials, and links and pointers to Internet sites maintained by third parties. Neither GiftMyWay.com nor any of its affiliates operates or controls in any respect any information, products, or services on any third-party site accessed through this Site. GiftMyWay.com makes no representations or warranties of any kind, express or implied, as to the operation of this Site or any third-party site accessed through this Site, any of the products or services offered through this Site or any such third-party site, or any of the materials incorporated herein or therein. To the fullest extent permitted by applicable law, GiftMyWay.com disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither GiftMyWay.com nor any of its affiliates will be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to this Site or any third-party site. You assume total responsibility and risk for your use of this Site and any third-party site accessed through this Site. Your sole remedy for dissatisfaction with this Site or any products or services offered through this Site or any third-party site accessed through this Site is to stop using this Site or such products or services. GiftMyWay.com does not warrant that the functions contained in this Site or any third-party site accessed through this Site will be uninterrupted or error-free, that any defects will be corrected, or that such sites or the servers that make them available are free of viruses or other harmful components. GiftMyWay.com does not warrant or make any representations regarding the use or the results of the use of the materials incorporated in this Site or any third-party site accessed through this Site in terms of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not GiftMyWay.com) assume the entire cost of all necessary maintenance, repair, or correction resulting from your access to or use of this Site or any third-party site accessed through this Site.
Although this Site is accessible worldwide, not all products or services discussed or referenced herein are available to all persons or in all geographic locations. GiftMyWay.com reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in or through this Site is void where prohibited.

Purchases
If you wish to purchase products or services described in this Site, you may be asked to supply certain information, including credit card or other payment information. By providing such information, you represent and warrant that it is accurate, complete, and current. By making any such purchase, you agree to pay all charges (including shipping and handling charges) incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You are responsible for paying any taxes applicable to such purchase.
Data about the activity of visitors to this Site is automatically provided to GiftMyWay.com. GiftMyWay.com may use or disclose information about your demographics and use of the site in any manner that does not reveal your identity. Email addresses, postal addresses, or telephone numbers and other personally identifying data about you is known to GiftMyWay.com only when voluntarily submitted or posted to this Site. GiftMyWay.com may use such personally identifying information provided by you to send communications to you regarding orders placed. GiftMyWay.com may also use this information to communicate advance notice of events and new products and services.
GiftMyWay.com reserves the right to refuse any order for any reason. Orders may be delayed or canceled if GiftMyWay.com is not given completely accurate information and/or is unable to contact the person who has placed the order and/or is the primary cardholder for the order.

Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up a GiftMyWay ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify GiftMyWay immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by GiftMyWay or any other user of or visitor to the Site due to someone else using your GiftMyWay ID, password or account.
You may not use anyone else’s GiftMyWay ID, password or account at any time without the express permission and consent of the holder of that GiftMyWay ID, password or account. GiftMyWay cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy
GiftMyWay’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view GiftMyWay’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Governing Law, Jurisdiction and Other Miscellaneous Matters
This Site is controlled by GiftMyWay.com in the Commonwealth of Massachusetts. These disclaimers, terms, and conditions will be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Massachusetts. In any action relating to your access to or use of this Site or any third-party site accessed through this Site, the prevailing party will be entitled to recover its costs and reasonable attorneys’ fees.
If there is any dispute about or involving the GiftMyWay.com Site, you agree that the dispute shall be governed by the laws of the Commonwealth of Massachusetts, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of Massachusetts. Either GiftMyWay.com or you may demand that any dispute between GiftMyWay.com and you about or involving the GiftMyWay.com Service must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Worcester, Massachusetts, USA, provided that the foregoing shall not prevent GiftMyWay.com from seeking injunctive relief in a court of competent jurisdiction.
These disclaimers, terms, and conditions constitute the entire agreement between GiftMyWay.com and you with respect to your access to and use of this Site and any third-party site accessed through this Site. If any term or other provision hereof is determined by any court of competent jurisdiction to be invalid, illegal, or unenforceable in whole or in part by reason of any applicable law or public policy, and such determination becomes final and non-appealable, such term or other provision will remain in full force and effect to the fullest extent permitted by law, and all other terms and provisions hereof will remain in full force and effect in their entirety.

Contacts
If for any reason you wish to contact us, we can be reached at:
GiftMyWay.com
75 Green Street
Clinton, MA 01510
http://www.GiftMyWay.com