TERMS OF USE

Give Back Greetings, Inc. ("Give Back Greetings") welcomes you. Give Back Greetings is an Internet-based retail store offering personalized cards and gift items that support 501(c)(3) organizations. Give Back Greetings maintains a website and subdomains at www.givebackgreetings.com (the "Site"), through which it conducts its activities. The Terms of Use (these "Terms") governs your use of the Site, including the web content, products, technology, services, and products provided by Give Back Greetings and available on the Site (collectively, the "Products").  

Please read these Terms carefully before using the Site. These Terms govern your use of and access to the Site as well as the Products by all persons and entities (each a "Customer") and constitute an agreement between you and Give Back Greetings. (If you are accessing the Site as a representative of a School or Nonprofit, please see the Terms of Use Agreement for Schools and Nonprofits as you Register your Organization.) Certain services, promotions, and/or features on the Site that are subject to these Terms may also have supplemental terms of use. In that case, both these Terms and any supplemental terms are applicable and enforceable. 

Give Back Greetings may revise these Terms from time to time by posting a revised version on the Site. Additionally, any new feature, tool, or information added to or that enhances the Site will automatically become part of the Site and will be subject to these Terms. 

If you have any questions or comments regarding these Terms, please contact: info@givebackgreetings.com. 

ACCEPTANCE OF TERMS OF USE
By using the Site, you represent that you have read and agreed to these Terms. Give Back Greetings reserves the right to make changes to this Site and to these Terms at any time without prior notice. You are responsible for reviewing these Terms each time you access the Site.

YOUR ACCOUNT 
There are two types of accounts on our Site: (1) Customer and (2) Registered Schools and Nonprofits. These Terms apply only to Customers. Use of the Site by Registered Schools and Nonprofits is governed by a separate Terms of Use Agreement applicable to Registered Schools and Nonprofits. 

Customer
As a Customer, you create an account on the Site with a username and password. You provide certain information about yourself - including your designated School or Nonprofit - so Give Back Greetings can process your order(s). You may change your username, password, designated School or Nonprofit, and other information at any time. You agree that you are responsible for protecting your password and controlling access to your account and understand that Give Back Greetings will provide anyone accessing the Site through your account with all the rights and privileges that it would provide to you. You agree that you are responsible for all orders placed or other actions that are taken on the Site through your account, whether or not you have authorized such activities or actions. You understand that Give Back Greetings is not responsible for account misuse or misappropriation of information posted from your account. You agree to notify Give Back Greetings immediately of any unauthorized use of your account on our Site. You understand that the give back amount to the organization is not a tax deductible amount for you.

Schools and Nonprofits 
Schools and Nonprofits  must be a recognized by the Internal Revenue Service as a tax-exempt entity described under Section 501(c)(3) of the Internal Revenue Code. You create an account by registering your organization's name, providing certain information about the primary contact(s) and your organization, providing other information about your organization, electronically signing the Agreement, and creating a user name and password. Once you are registered, your organization name will appear in the search function for Customers to identify you as the beneficiary of their order(s). You may change your user name, password, and other information at any time. You agree that you are responsible for protecting your password and controlling access to your account, whether or not you have authorized such activities or actions. You agree to notify Give Back Greetings immediately of any unauthorized use of your account on our Site.

HOW GIVE BACK GREETINGS BENEFITS SCHOOLS AND NONPROFITS
Give Back Greetings’ relationship with Schools and Nonprofits is set forth in a separate Terms of Use Agreement applicable to Registered Schools and Nonprofits. Give Back Greetings gives 10% of the retail price of each order to the Customer-designated School or Nonprofit (as described under Section 501(c)(3) of the Internal Revenue Code) (each a “Nonprofit”). Give Back Greetings reserves the right to distribute additional percentages of the retail price to a Registered School or Nonprofit at any time as part of a promotion, at no extra cost to the Customer. 

SALE AND PURCHASE OF CARD PRODUCTS

Card Products are produced and provided by Gelato Group and its subcontractors. The content of the Customer Order and details on the Customer are, therefore, submitted to Gelato Group and its subcontractors. By ordering Card Products through the Site, the Customer accepts and permits Give Back Greetings, Gelato Group, and Gelato Group subcontractors to perform such processing of personal data, personal information, and Customer data and information which may be required to fulfill the Customer Order, invoicing, and continued operation of the Services.

The Customer accepts that the contract is with Give Back Greetings and there is no direct contractual relationship or any contractual remedies with Gelato Group or its subcontractors. As such, Give Back Greetings is responsible for all Customer support. All consequential, special, and indirect damages are disclaimed on behalf of Gelato Group and its suppliers. Gelato Group is expressly named as an intended third-party beneficiary of the sub-license agreement with the Customer, with the right to enforce its terms directly against the Customer.

Payments from the Customer are collected by Gelato Group or their approved payment partner. Gelato Group uses Adyen B.V. as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services).  By using the Services, the Customer agrees to be bound by Adyen B.V.’s Terms of Service: https://www.adyen.com/home/support/manuals#S-T and Privacy Policy: https://www.adyen.com/home/support/manuals#S-T. The Customer consents and authorizes Gelato Group and Adyen B.V. to share any information and payment instructions provided to the extent required to complete the transactions including personal, financial, credit card payment, and transaction information.

For Card Products, Give Back Greetings uses Gelato Group's Gelato Air Software as a Service (SAS). The Customer shall not, directly or indirectly, or permit any other party to: (a) modify, adapt, alter, translate, or create derivative works based on the SAS Site; (b) assign, sublicense, lease, rent or loan, or otherwise provide access to the SAS Site to any third party; (c) attempt to reverse engineer, decompile, disassemble, or otherwise to discover the source code or algorithms of the SAS Site; (d) remove any proprietary notices from the SAS Site or any other materials furnished or made available to the Customer; (e) use the SAS Site for timesharing or service bureau purposes; or (f) use the SAS Site for any other purpose other than as licensed, including using the SAS Site in any way to create products or services similar to or competitive with the SAS Site or, without prior written consent from Give Back Greetings and Gelato Group, publicly disclosing any benchmarking or competitive review of the SAS Site. Use of the SAS Site is limited to the Customer's own purposes and such access is not for resale to others. Title to and ownership of the SAS Site remains with Gelato Group and its suppliers. All express and implied warranties regarding the SAS Site and its suppliers are disclaimed.


INTELLECTUAL PROPERTY
The Site contains graphics, logos, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (“Content”). With the exception of third-party content licensed to Give Back Greetings for use on the Site, the Site (including the selection, organization, coordination, compilation, and overall look and feel) and all Content are the intellectual property of Give Back Greetings. It is strictly prohibited to retain, copy, reuse, reproduce, transfer, distribute, modify, publish, transmit, disseminate, sell broadcast, circulate, or otherwise use any portion of the Content without the express written permission of Give Back Greetings. 

Give Back Greetings reserves the right to take any legal or technical remedies to prevent the violation of these Terms and to protect Give Back Greetings’ services, accounts, and rights and property as well as the rights and property of its Customers and Registered Schools and Nonprofits. If you violate these Terms, your permission to use your Customer account in relation to the Site automatically terminates.

If you wish to request permission to use any Give Back Greeting Content in a manner otherwise prohibited under these Terms, please contact: info@givebackgreetings.com.

USE OF SITE
You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering Products solely through Give Back Greetings. No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Give Back Greetings does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Give Back Greetings. 

You agree to use the Site in a responsible manner that is in full compliance with these Terms and with your local laws and regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark; for any pornographic use; for any unlawful purpose or use; to defame any person; to violate any person’s right of privacy or publicity; to infringe upon any copyright, trade name, trademark, service mark, or other intellectual property right of any person or entity. 

You agree that you will not use the Site to upload, transmit through, display on the Site, or produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious, or otherwise objectionable. You agree not to damage, disable, overburden, or impair the Site or modify, adopt, translate, hack, decompile, or reverse engineer any portion of the Site. You further agree not to harvest or collect email addresses or other contact information of users, including usernames, from the Site. Give Back Greetings, in its sole discretion, may prohibit use of its Products by Customers found to be using Give Back Greetings to engage in undesirable or illegal activities. 

You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity.

You agree that the Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy and will not libel or defame any third party and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you agree that you have all necessary permission, right, and authority to place the order and you authorize Give Back Greetings to produce the Products on your behalf.

TRANSFER OF TITLE
The Customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the Customer upon shipment. This means that title and the risk of loss and title for such Product(s) passes to you upon Give Back Greetings' delivery to the carrier. Give Back Greetings is also not responsible for damage to its Products arising after delivery to the Customer.

INDEMNIFICATION
By accepting these Terms, you agree that you shall defend, indemnify, and hold harmless Give Back Greetings and all parties from whom Give Back Greetings has licensed portions of Content and their directors, officers, and employees against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms (including your involvement in any illegal activity); or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic, or other material you incorporated into Products that was not part of the standard Site Content; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right. Give Back Greetings reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action, or other matter for which you are required to indemnify it, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with Give Back Greetings in the defense of any such claim, action, settlement, or compromise negotiations, as requested by Give Back Greetings.

DISCLAIMERS
The Site and its content are provided "as is" and "as available" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that operation of the Site may not be uninterrupted or error free. 

Although Give Back Greetings makes a reasonable effort to provide accurate and useful information to its Customers, it is not responsible for spelling, punctuation, or grammatical errors made by the customer; inferior quality or low-resolution of uploaded images; design errors introduced by the customer in the document creation process; errors in user-selected options such as quantity or product type; and damage to the products arising after delivery to the customer. Give Back Greetings does not proof documents created by its Customers prior to processing orders. Please preview your designs carefully and correct any mistakes prior to placing your order. 

Give Back Greetings cannot guarantee and does not promise any specific results from use of the Site. Without limiting the generality of any of the foregoing, there is no warranty that Give Back Greetings will meet your needs or requirements or the needs or requirements of any other person. Products may be limited by many factors, including inherent risk of the Internet.

Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. Give Back Greetings makes no warranty that the Site and/or server that makes same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, Trojan-horses, routins, trap doors, time bombs or any other harmful codes, instructions, programs, or components. 

Some jurisdictions do not allow for the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, Give Back Greeting’s liability is limited to the greatest extent permitted by law.

LIMITATION OF LIABILITY
To the fullest extent permissible by applicable law, neither Give Back Greetings nor its licensors, suppliers, or vendors, their officers, directors, employees, or agents is liable for any direct, special, incidental, indirect, or consequential damages of any kind or for any damages whatsoever resulting from (i) your use of the Site (including use for illegal purposes); (ii) loss of use, data, or profits, whether or not Give Back Greetings has been advised of the possibility of damage, arising out of or in connection with the use or performance of the Site or failure to provide Products that you order from Give Back Greetings, including without limitation damages arising from mistake, omission, virus, delay, or interruption of service; and (iii) any personal injury or property damage, of any nature whatsoever, resulting from your use of the Site. In no event shall Give Back Greetings be liable for any damages or consequences arising from or related to your inappropriate or unauthorized use of this Site or its Content. 

Give Back Greetings reserves the right to alter, remove, or discontinue any portion of the Site or the Content on the Site or to suspend or terminate your use in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. 

The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Give Back Greetings has been advised of the possibility of such damages.

Notwithstanding any other provision of these Terms, you agree that in no event will Give Back Greetings’ cumulative liability to you for any action or claim arising from or related to the Site, whether based in contract, tort, negligence, or any other theory of liability, exceed $1,000 U.S. Dollars.

You agree that regardless of any statute of law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Give Back Greetings’ liability in such jurisdictions shall be limited to the extent permitted by law. 

APPLICABLE LAWS
Give Back Greetings makes no representation that materials on the Site are appropriate or available for use outside the United States, and access to them from territories where their content are illegal is prohibited. You may not use, export or re-export Give Back Greetings Content or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, U.S. export law and regulations. If you choose to access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws. 

These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules. You and Give Back Greetings agree to submit to the personal and exclusive jurisdiction of state and federal courts located in Bucks County, Pennsylvania. 

CONTACT US
Please send any questions, concerns or comments, or report violations of these Terms to us at:  info@givebackgreetings.com.

Last updated: October 26, 2015