GiftCardAid Terms of Use

Last Updated: May 2, 2020. This document links to other terms of use that may have been updated more recently.

Welcome, and thank you for your interest in The Great Lakes Scrip Center, LLC, dba ShopWithScrip (“SWS,” “we,” “our,” or “us”). SWS is a leader and innovator in the scrip industry and promotes a “fundraising while you shop” mentality.
 
These are the Terms of Use (“Terms of Use,” “Terms,” or “Agreement”) for SWS. These Terms apply to your use of www.giftcardaid.com  (the “Site”), and the gift card purchasing service offered by SWS via the Site (the “Services”). In the context of these Terms of Use, “you” or similar terms refer to (1) you the individual user who access or uses the Site or Services, as well as (2) the organization or entity on whose behalf you access or use the Site or Services, and you represent and warrant that you are authorized to enter into this agreement on behalf of such entity.

Other Terms of Use may govern to your access and use of other SWS operated and controlled websites, including www.shopwithscrip.com and www.myscripwallet.com. Please read the Terms of Use and Privacy Policies that govern those sites when visiting, accessing or using those sites.
 
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS OF USE DO NOT ACCESS OR USE THE SITE OR SERVICES.
 

YOUR ACCEPTANCE OF THE TERMS 

Please be aware that these Terms of Use constitute a binding legal agreement between you and SWS outlining your legal rights, obligations, and remedies arising from your use of the Services. By accessing or using the Services, you signify that you have read, understand, and agree to be bound by these Terms of Use, and by the terms of SWS’s Privacy Policy which provides information concerning our collection and use of your personal information. These Terms of Use apply to anyone who accesses or uses the Site or Services, whether or not you have registered for an account with SWS. By using the Site or Services you are indicating your acceptance of the terms and conditions of the Terms of Use and Privacy Policy, including any dispute resolution, arbitration, limitation of damages, and choice of law provisions.
 
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, OR CLICKING “I AGREE” WHEN PROMPTED TO DO SO, YOU AGREE TO BECOME BOUND BY THESE TERMS OF USE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES. 
 

MODIFICATION OF THE TERMS

As SWS continues to evolve, we may need to update these Terms of Use to accommodate changes in our Services, our business, and changes to the law. Accordingly, SWS reserves the right to modify our Terms of Use at any time, in our sole discretion, with or without notice to you. We may contact you directly in the event of changes to these Terms of Use, but since we are not always required to do so, you should periodically review our Terms of Use to stay informed of any changes and ensure your continued agreement.
 
Modifications to our Terms of Use are effective upon our posting of the amended Terms of Use to the Site. The terms of the current Terms supersede all previous notices or statements regarding our privacy practices and become the terms and conditions that govern your use of the Services. You may determine the date the Terms was last amended and the current Terms by referring to the “Effective” date shown at the top of these Terms. Your use of the Services after the Effective date serves as your permission for your personal information to be used under the terms of the current Terms of Use.
 

YOUR PRIVACY

SWS knows you care about your privacy. To learn more about how SWS collects, uses, shares, and secures your personal information, please review SWS’s Privacy Policy.
 

ELIGIBILITY TO USE THE SERVICES

SWS’s Services are intended for use by adults, and are not directed to minors under the age of 18. By accessing or using the Services and thereby agreeing to these Terms, you represent and warrant to us: (1) that you are at least 18 years of age; (2) that you have not previously been suspended or removed from the Services; and (3) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations. Any registration or use of the Services by anyone under 18 is void.
 

YOUR REPRESENTATIONS & WARRANTIES TO ShopWithScrip

By using the Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Services. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization. When using the Services, you agree to comply with all applicable laws from your home nation and the country, state, and city in which you are present while using the Services.
 
By using the Services, you represent, warrant, and agree that:

  1. You will only use the Services for lawful purposes, and you will not use the Services for sending or storing any unlawful material or for fraudulent purposes;
  2. You will not use the Services to cause nuisance, annoyance or inconvenience;
  3. You will not impair the proper operation of the Services or any network which is used to support or access the Services;
  4. You will not try to harm the Services in any way whatsoever;
  5. You will not copy or distribute the Services or other content without written permission from SWS;
  6. You will only use the Services for your own use and will not resell any aspect of the Services to a third party;
  7. You will keep secure and confidential your account password or any identification we provide you which allows access to the Services;
  8. The information you provide to us is accurate, current and complete; and
  9. You will provide us with whatever proof of identity we may reasonably request.

 

SUBMITTING AN ORDER; CREATING AN ACCOUNT

In order to use or access certain Services or certain features of the Services, we may require you to complete an account registration and/or to build an electronic order in your “cart”.  Once you order is submitted through the cart you will receive an invoice with options for payment and other details.  This entire process and the information you submit, including payment information, is considered an “Order”.  .

When creating or maintaining an account and/or submitting an Order, you agree to: (1) provide accurate, current, and complete information about yourself and/or your organization, entity, or company; (2) maintain and promptly update such information to keep it accurate, current, and complete; (3) accept full responsibility for all use of your account and/or any Order you submit, and for any actions that arise from any Order you submit or take place using your Order, account, or user name and password, whether or not you have authorized such activities or actions. Failure to abide by this Agreement shall constitute a breach of the Terms of Use, which may result in immediate cancellation of your order and any other remedies available to SWS by law.

Gift Card Listings and Revisions

SWS may display the name, value, and price of the gift card products available (collectively, “Gift Cards”) on the Site or the Order. The price of the applicable Gift Card reflects a discount on the face value of the Gift Card (“Price”). Prices and availability of Gift Cards are subject to change without notice. SWS strives for accuracy, to the extent it controls, processes, or displays the Services, in all item descriptions, photographs, images, descriptions, Prices, links and any other Gift Card-related information contained herein or referenced in the Services. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs, images, descriptions, Prices, links and any other Gift Card-related information is accurate, complete or current, nor do we assume responsibility for these errors. SWS reserves the right at any time and without notice to update Gift Card information and to correct or remove Gift Card-related errors, inaccuracies, or omissions. SWS shall at its sole discretion have the right at any time to refuse or cancel any order for Gift Cards whose listing in the Services contained erroneous information, including but not limited to incorrect Prices. If such order is canceled after your payment card or bank or financial account has been charged for the purchase or your check has been cashed, SWS will issue a credit to your payment card or bank or financial account in the amount of the charge or refund via check.

Processing of Orders and Shipping

An order is not binding upon SWS until it is accepted. SWS must receive payment before it will accept an order. Payment for Gift Cards ordered is due prior to shipment. You can make payment by credit or other payment card method, Automated Clearing House (“ACH”) method, or check. A service fee may apply if you pay with a payment card method.

While you can choose to pay by check, this often adds several days to the turnaround time.  Returned checks for non-sufficient funds will be assessed a fee of up to $30 in addition to payment of the check.

If you authorize ACH payment, you agree that SWS may debit the applicable bank account for the exact amount of the order on the day it is placed, and you agree to be bound by the operating rules of the ACH Network.

Upon receipt of an Order, SWS will issue you an invoice (“Invoice”). Your total cost for purchase of any Gift Cards will include the shipping and handling charges shown on the Invoice. Your original shipping fees are non-refundable.

SWS does not make any guarantees regarding shipping or order processing times.

On the occasion that we temporarily run out of a particular Gift Card, we refund your purchase or, if authorized by you, we will hold your order until it can be fulfilled.  If you do not place your next order within 10 business days, we will ship the backorder at that time. Unusually large or urgent backorders may be shipped earlier at our discretion.

Payment Processing

In order to purchase Gift Cards, you will be asked to supply certain relevant information, including your credit or payment card number, and expiration date or similar payment information (such as your ACH account number or a check), your billing address, and shipping information. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with a the purchase of Gift Cards and that you have all authority necessary to purchase a product using the payment card or other payment mechanism that you submit. By submitting such information, you grant SWS the right to provide such information to third parties for the purposes of facilitating your purchase. You acknowledge and agree that SWS is not responsible for how any third-party payment card or other payment method processor transmits, stores, uses or shares your information.

Sales Tax

Sales tax is only required for orders shipping into states where SWS has or may have nexus for state tax purposes under applicable laws. Orders shipping to such states will be charged applicable sales tax according to your area’s tax rate.

Please note that if you are located in Ohio, you will be subject to a line-item tax  due to the Ohio Commercial Activity Tax, affecting all companies doing business in the state of Ohio.  This is a 0.26% tax of gross receipts (total sales), and it applies to all business transactions in the state of Ohio, including your gift card purchases from us.  We have consulted with a large national accounting firm to determine whether this tax applied to our sales, and we believe they do.  This tax will appear as a line-item and be added to your total price.

If this tax is discontinued, we will discontinue the above practice.  If you have further questions about this, please feel free to contact our Customer Support Team at 1.800.727.4715.

Updates

We may from time to time in our sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. It is expressly acknowledged by you that SWS may perform Updates at any time and without your approval.

USER CONDUCT

As a condition of your use of the Services, you further agree not to use the Services: (1) for any purpose that is prohibited by these Terms of Use; or (2) for any other purpose not reasonably intended by SWS as typical or expected use of the Services consistent with the purpose for which the Services were created.

You specifically agree you will not do any of the following:

  1. Abuse, harass, threaten, impersonate, or intimidate others; 
  2. Post, upload, or otherwise distribute or post links to any content that is unlawful, defamatory, libelous, inaccurate, or that you do not have all necessary rights to transmit, or that SWS or a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by SWS in its sole discretion;
  3. Use the Services for or in connection with any illegal purpose, or in violation of any applicable local, state, national, or international law or rule or regulation having the force of law;
  4. Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any Services User; 
  5. Create or submit unwanted email (“Spam”) to any other person or any URL; 
  6. Submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content; 
  7. With the exception of accessing RSS feeds, to use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
  8. Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  9. Interfere or attempt to interfere with the proper working of the Services or any activities conducted on or through the Services; 
  10. Bypass any measures we may use to prevent or restrict access to the Services or any part of the Services;
  11. Interfere with the operation of the Services or any User’s enjoyment of the Services, including without limitation, by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (ii) making unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other Users, or conducting your own contests or promotions using the Services; (iii) attempting to collect personal information about Users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
  12. Share, sell, or otherwise transfer the access granted to you to the Services, or otherwise permit any unauthorized person to access the Services on your behalf.
  13. Use the Services, related content, or any component thereof, for any unintended commercial purpose, including advertising, offering for sale, or selling any item using the Services;
  14. Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third-party Intellectual Property or other legal rights;
  15. Reproduce, distribute, publicly display or perform, modify, make derivative works of, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services, Content, code or program, available to others, in whole or part;
  16. Interfere with security features of the Services, including without limitation, by: (i) disabling or circumventing features that prevent or limit use or copying of content, or which violate copyrighted or otherwise legally protected software; or (ii) reverse engineering or otherwise attempting to extract the source code of the Services or any part thereof, except to the extent that such activity is expressly permitted by applicable law;
  17. Perform any fraudulent activity using or in connection with the Services, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of birth, or contact information; or
  18. Attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging in any of the activities described in this Section.

 

CONTENT & LICENSES

Content Definitions

There are various types of content involved in providing and operating the Services. Throughout the remainder of these Terms of Use, we will use the term “Content” to mean all text, links, graphics, images, photos, music, software, audio, video, information, software, copyrights, trademarks, trade dress, and other materials and intellectual properties comprising or included within the Services.

The term “SWS Content” means Content that SWS makes available to our users through the Services, including any Content licensed to SWS from a third party (excluding User Content).

The term “User Content” means Content posted, uploaded, published, submitted, transmitted, or otherwise made available through the Services by you, our User, whether or not the User is a Registered User, or whether or not the User owns or created the Content, including all copyrights, inventions, and other Intellectual Property rights.

Finally, we will use the term “Collective Content” to refer to all of the Content available through the Services, including SWS Content and User Content.

Content Ownership

All SWS Content is owned by SWS or its third-party licensor partners. Your use of the Services does not grant you any rights to the use or control of any of the SWS Content, except those rights expressly granted by this Agreement. Any copying, republication, redistribution, or creation of derivative works based upon the SWS Content, including by caching, framing or any similar means, without the prior written consent of SWS is strictly prohibited.
 
The Services and SWS Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, SWS and its licensors exclusively own all right, title, and interest in and to the Services and SWS Content, including all associated Intellectual Property rights. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or SWS Content. SWS or its partners shall retain all worldwide rights in and to all Intellectual Property comprising or included within the SWS Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the “look and feel” of the Services, and copyrighted works associated with the services are common law and/or registered copyrights, trademarks, and/or trade dress of SWS.
 
You should assume that everything you read or see on the Services is copyrighted or otherwise protected and owned by SWS, or a third party who licensed the right to use such content to SWS. Unless otherwise expressly noted, nothing that you read or see on the Services or other Collective Content, or any of the source code or HTML code that SWS uses to generate the Services may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of SWS or the appropriate Content owner without prior written consent, except as provided in these Terms of Use or otherwise permitted by relevant law.
 
No Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without SWS’s prior written permission, with the exception of your own User Content that you legally post on the Services. Except for your own User Content, you may not upload or republish Collective Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation, and any other use of the Collective Content is strictly prohibited.
 
SWS is not the publisher or speaker of User Content, or any other information on the Services provided by third-party content providers, and SWS is not liable for any claims related to such information. Any mention in the Services of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by SWS. SWS assumes no responsibility for those products or services.

ShopWithScrip’s License to You

Subject to your compliance with the terms and conditions of these Terms of Use, SWS grants you a limited, non-exclusive, non-transferable, non-sublicensable license to: (1) access, view, download, print, and otherwise use the Services and the SWS Content solely for your personal, non-commercial use; and (2) access and view Collective Content solely for your personal, non-commercial use and in accordance with these Terms of Use.
 
You agree you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services or Service Content, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in these Terms of Use. Any use of the Services or the Collective Content other than as specifically authorized herein, without the prior written permission of SWS, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time without notice and with or without cause.

Your License to ShopWithScrip

Certain Services may permit our Users to post, upload, publish, submit, or transmit User Content they created, owned, or are authorized to use, to be made available through the Services. By making available User Content through the Services, you hereby grant to SWS and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees, and other such parties as SWS may designate from time to time, which may include any or all other users of the Services, an irrevocable, worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license, to use, reproduce, access, view, copy, adapt, import, edit, modify, reformat, translate, post, distribute, license, sell, offer to sell, transfer, commercialize, publicly display, publicly perform, transmit, stream, broadcast, create derivative works from, and otherwise utilize such User Content, in whole or in part, for any purpose whatsoever, in any and all media and distribution methods (now known or later developed), including, without limitation, on or within the Services, as well as a license to use your name and likeness in marketing materials and in the Services to promote your use of the Services. You agree and acknowledge that this license cannot be terminated, and the waiver cannot be revoked by you once you’ve submitted User content within the Services.
 
Your grant of this license to SWS to utilize your User Content does not displace your ownership of the User Content, or any license or authority you may have from any third parties to utilize the Content you share as User Content. SWS does not claim ownership rights in your User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit any such User Content.
 
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all User Content that you make available through the Services, or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant SWS the rights in such User Content contemplated under these Terms of Use; (2) neither the User Content, your posting, uploading, publication, submission, or transmittal of the User Content, or SWS’s use of the User Content (or any portion thereof) on, through, or by means of the Services will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and (3) any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content on and through the Services.
 
We do not approve, control or endorse your or anyone else’s User Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify any User Content from the Services at any time, for any reason, including User Content we believe violates these Terms of Use.

THIRD-PARTY ADVERTISING & MARKETING

SWS may employ third-party advertising and marketing to deliver ads, information, and other promotions to you, both through the Services, and via other mechanisms to provide such materials to you outside of the Services on third-party websites or platforms. By agreeing to our Terms of Use you agree to receive such advertising and marketing from SWS and our partners. If you do not wish to receive such advertising, you may notify us in writing using the contact information provided below. SWS may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.

EMAIL NOTIFICATIONS

As part of your use of the Services, you may be asked to elect to receive email notifications from SWS and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receive emails from SWS related to the Services.
 
By using the Services, you consent to receive from SWS all communications, including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Notices") electronically. SWS may provide such Notices by posting them on or within the Services or by otherwise sending or communicating them to you. You agree that we may communicate with you regarding SWS and other entities by electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us. In the event you change or deactivate your mobile device, you agree to promptly update your information to ensure that your messages are not sent to the person that acquires your old device. SWS may email you from time to time to inform you about our products and services that we think will interest you, unless you inform us that you opt out from receiving such communications.
 
You may opt out of receiving certain notifications associated with the Services by completing the opt-out process provided to you with such email messages. By opting out of receiving such notifications, you understand that we may not be able to communicate important information to you. Please note we may still need to contact you regarding certain important service announcements or order notifications.

NOTICES

SWS may give notice by means of a general notice on the Services, electronic mail to your email address on record in SWS’s account information, or by written communication sent by first class mail or pre-paid post to your address on record. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to SWS, to be deemed given upon actual receipt by SWS, at any time by providing written correspondence to SWS at the contact information provided below.

COPYRIGHT POLICY

SWS respects the Intellectual Property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other Intellectual Property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable Intellectual Property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for Users of the services who are infringers.

Notifying SWS of Copyright Infringement

To provide SWS with notice of an infringement, you must provide a written communication to the attention of “SWS: DMCA Notification Department” at Copyright@glscrip.com that sets forth the information specified by the DMCA (which may be available at: www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
 
We must receive the following information from you:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other Intellectual Property interest;
  2. A description of the copyrighted work or other Intellectual Property that you claim has been infringed;
  3. A detailed description of where the material that you claim is infringing is located or found on the Services;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or Intellectual Property owner or authorized to act on the copyright or Intellectual Property owner's behalf.

 

Providing ShopWithScrip with Counter-Notification

If we remove or disable access to content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content.  If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “SWS: DMCA Counter Notification Department” at Copyright@glscrip.com that sets forth all of the necessary information required by the DMCA (which may be available at: www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others.  If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
 

INTELLECTUAL PROPERTY

SWS, along with its licensors and partners, own all right, title, and interest in and to the Services, and all related Intellectual Property rights, including all registered and unregistered trademarks (including the GIFTCARDAIDSMmark), trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services, excluding User Content (collectively, the “SWS IP”). SWS IP may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to us in SWS IP, including use of any SWS IP as part of third-party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.
 
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any Intellectual Property rights owned by SWS. The SWS name, the SWS logos and designs, and the product and service names associated with the Services are trademarks of SWS or its affiliated third parties, and no right or license is granted by this Agreement to you to use the SWS IP for purposes not directly related to your use of the Services.

LINKING & FRAMING

SWS grants you a limited, revocable, and nonexclusive right to create a hyperlink to the webpages or mobile applications of the Services, so long as the links do not portray SWS or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use SWS’s logo, the GIFTCARDAID™ mark, or other proprietary graphics or trademarks as part of the link without express written permission. “Framing” or “mirroring” the Services or any of their content is prohibited without the prior written consent of SWS.
 
The Services may provide links to other sites or resources. Because SWS has no control over such sites or resources, you acknowledge and agree that SWS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SWS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

TERMINATION

SWS may change, suspend, or discontinue the Services for any reason, at any time, including the availability of any Service, feature, or Content, with or without notice to you. SWS may also impose limits on certain Services, features, or Content, or restrict your access to parts or all of the Services with or without notice to you.
 
SWS may also terminate or suspend your use of or access to the Services at any time, immediately, without notice, and without refund, for any reason we deem appropriate, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Services, and agree not to access, re-download, re-register, or otherwise make use of, or attempt to use, the Services.
 
SWS may also remove or disable access to any Collective Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all. To report violations of the Terms of Use, please email: Terms@glscrip.com. You are solely responsible for your interactions with other Users of the Services. SWS reserves the right, but has no obligation, to monitor disputes between you and other Users.
 
You acknowledge that we reserve the right to take action, technical, legal or otherwise, to block, nullify, or deny your ability to access the Services. You understand that we may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to us. Continued use of the Services, its components, databases, or documentation, or any part thereof, after termination is a breach of the terms of this Agreement and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of this Agreement, which by their nature should survive termination shall survive the termination of this Agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

 

EXPORT CONTROL

You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Services, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Services, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. 
 

INDEMNITY

To the maximum extent allowable under applicable law, you agree you shall indemnify and hold harmless SWS, and any parents, subsidiaries, affiliates, customers, vendors, officers, and employees from any liability, damage, or cost (including reasonable attorneys’ fees and costs) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, violation of the Terms of Use or any applicable laws, or the infringement by you of any Intellectual Property or violation of any right of any person or entity by you or any third party acting on your behalf.
 

REFUND POLICY

All sales and purchases are final.  No refunds or returns are permitted.    
 

WARRANTY DISCLAIMERS

You acknowledge that SWS has no control over, and no duty to take any action regarding: (1) which Users gain access to or use the Services; (2) what effects the content on the Services may have on you; (3) how you may interpret or use the content on the Services; or (4) what actions you may take as a result of having been exposed to the content on the Services.
 
You release SWS from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. SWS makes no representations concerning any content contained in or accessed through the Services, and SWS will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. SWS makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. No approvals, recommendations, endorsements, guarantees or warranties regarding any information contained in the Services are made. SWS cannot guarantee that you will obtain the results you seek or warrant that Services will be error-free. SWS makes no representation or warranty of any kind with respect to the use of Services or the use or accuracy of the information on the Services. You use all information provided via the Services voluntarily and reliance on it should only be undertaken after an independent review of its applicability, accuracy, completeness, efficacy and timeliness with regard to your specific needs and uses.
 
USER ACCESSES THESE SERVICES AT THE USER’S OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER SWS NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THESE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF SWS, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. SWS IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THESE SERVICES. IN NO EVENT WILL SWS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL SWS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SERVICES. IN NO EVENT SHALL SWS BE RESPONSIBLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, OR THE SERVICES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF REVENUE, OR LOSS OF PROFITS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SWS OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SERVICES OR ANY CONTENT FOR ANY LOST PROFITS, LOST OR COMPROMISED DATA, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
 
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services, or this Agreement, must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of SWS as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

MISCELLANEOUS

The Terms of Use constitutes the entire agreement between Users of the Services and SWS, and regarding the subject matter hereof. If you breach any term of the Terms of Use, SWS may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. SWS’s remedies are cumulative and not exclusive. Failure of SWS to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Any waiver or modification of the terms herein by SWS must be in writing, signed by an authorized officer of SWS, and expressly referencing the applicable provisions of the Agreement. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to SWS. Notwithstanding the foregoing, SWS may, at its sole and absolute discretion, assign its rights in and to the Services and its rights under this Agreement to any third party at any time without notice. Users of these Services are responsible for compliance with all applicable regulations and laws. The Agreement shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods. These Terms of Use and your use of the Services, including the submission of any content to the Services, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between you and SWS or its licensors or affiliated parties. Your use of the Services is intended for your enjoyment and benefit and the provision of the Services to you constitutes the sole and sufficient consideration that you are entitled to receive for any content or other contributions you have made to the Services. SWS reserves the right at all times to disclose any information as SWS deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SWS’s sole discretion. You represent and warrant that: (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties. Any dispute arising out of the Terms of Use or the Privacy Policy shall be governed by the laws of Michigan, notwithstanding any conflicts of law principles. Any action relating to the Terms of Use or the Privacy Policy must be filed and maintained in a court in the State of Michigan, USA, and Users consent to exclusive jurisdiction and venue in such courts for such purpose.

HOW TO CONTACT ShopWithScrip

All requests, questions, or concerns related to the Services and our Terms of Use should be directed to SWS via the following contact information:
 
ShopWithScrip
Attn: Terms of Use
PO Box 8158
Grand Rapids, MI  49518-8158
Phone: 800-727-4715 Option 3
Email: Terms@glscrip.com