These Treat Wallet, Inc., dba eGiftify, Terms of Use (this “Agreement”) apply to your access or use of the eGiftify websites, mobile sites, and applications (collectively, the “eGiftify Sites”) and the content, features, and services, including Gift Cards, Offers, Ticketing, Promos, any other Services (the “Services”) made available by eGiftify.

We (the “Merchant”) use the services of Treat Wallet, Inc (dba, eGiftify), a Delaware corporation, to sell and distribute services which may include gift cards, offers, promos and tickets (collectively referred to as the “Services”) via eGiftify digital channels, websites, mobile sites and applications (collectively referred to as the “eGiftify Sites”)

By accessing this site and by purchasing a Gift Card or any other product/service on this site, you agree to bound by these Terms and Conditions. eGiftify reserves the right to change these Terms and Conditions at any time and at its sole discretion. Any changes will be effective upon posting of the revisions of such changes to the site.

The agreement governing your ownership and use of the Gift Cards is between you and the Merchant.

Part I – Payment and Gift Card Services

1.Payment and Gift Card Services. Depending on your country of residency, eGiftify may offer additional Services such as payment services made available by eGiftify through the eGiftify Sites (the “Payment Services”), electronic and physical gift cards and gift certificates issued by eGiftify (an “eGiftify Gift Card”).

1. All digital gift card purchases and online physical gift card purchases are subject to a process that verifies information provided by you for credit card authorization and fraud prevention. In order to purchase a gift card, you need to provide certain information, including credit card related payment and billing information. eGiftify or the Merchant may request further information to validate the transaction. In the act of providing such information, you warrant that all information provided is current, complete and accurate. The collection, use and disclosure of your information are subject to eGiftify’s Privacy Policy, which is incorporated by reference into these Terms and Conditions. If there is a discrepancy, your Gift Card order may be delayed or held until the information can be verified. If the information cannot be adequately verified, your order may be cancelled at the discretion of eGiftify.

Part II – Terms for All Services

2. Privacy Policy.eGiftify is committed to helping you safeguard your privacy online. Please review our Privacy Policy for details about how eGiftify collects, use, and disclose information in connection with the Services.

3. Your Account.You may (but are not required to) create an account with eGiftify through the eGiftify Sites ("Account") in order to use the Services, or to purchase, gift, or redeem (as applicable) eGiftify Gift Card Services.

4. Communications from eGiftify. If you use our Sites and Services, eGiftify may communicate with you via electronic messages, including email, text message/SMS, for legitimate business interests in accordance with our privacy policy.

5. Technical Requirements. Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier data or text message charges resulting from your use of the Services, including from any notifications provided by the Services. In order to use the text message based services, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access such text message services. eGiftify does not guarantee that the Services will be compatible with all devices, browsers, OS versions, web integrations (such as iFrame) or will be supported by all mobile carriers. eGiftify is not responsible for the accuracy of location services. You may be required to have JavaScript (or similar technologies) enabled to use the eGiftify Site, and some features and portions of the eGiftify Site (including, but not limited to, purchasing, sending, or canceling gift purchases) may not be accessible with JavaScript disabled. The eGiftify mobile app may require some additional features to be used, such as weather services, location services, Push Notifications, Balance Updates, and others. In order to use the Push Notifications, location services, Balance Updates and others, you must have permissions for these features turned on. You can change permissions in the mobile app settings at any time.

6. Modifications to Services. eGiftify reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the eGiftify Sites. eGiftify shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.

7. Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the "eGiftify Content") are provided to User by eGiftify or its partners or licensors solely to support User’s permitted use of the Services. The eGiftify Content may be modified from time to time by eGiftify in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the eGiftify Content by User shall constitute a material breach of this Agreement. eGiftify and its partners or licensors retain all rights in the Services and eGiftify Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of eGiftify or any third party is granted under this Agreement.

8. Application License. Subject to the terms and conditions of this Agreement, eGiftify grants User a non-exclusive, non-transferable, revocable license to use the eGiftify mobile applications, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.

9. Use Restrictions. The Services and eGiftify Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. eGiftify expressly reserves all its rights and remedies under applicable laws (including state, federal, and provincial/territorial laws). eGiftify reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or eGiftify Content, except as expressly authorized by eGiftify; (2) take any action that imposes or may impose (in eGiftify’s sole determination) an unreasonable or a disproportionately large load on the Services or eGiftify’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or eGiftify Content to a third party; (5) use any portion of the Services or eGiftify Content to provide, or incorporate any portion of the Services or eGiftify Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to eGiftify); (7) modify any Services or eGiftify Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or eGiftify Content; (9) use the Services or eGiftify Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or eGiftify Content or access or use the Services or eGiftify Content for competitive analysis or benchmarking purposes. Although the eGiftify Sites may be accessible worldwide, not all features or services discussed, referenced, provided or offered through or on the eGiftify Sites are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. eGiftify reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area.

10. Fraud, Abuse and Harm. eGiftify may decide not to authorize or settle any transaction that you submit to us if eGiftify believe that the transaction is in violation of any agreement or exposes you, other users, our service providers or the Company to harm. Harm includes fraud and other criminal acts. If eGiftify reasonably suspects that your use of the eGiftify site or services have been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your purchases through the eGiftify site, and any of your activity with law enforcement authorities.

11. Export Control. You may not use, export, or re-export any eGiftify Sites or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.

12. Termination. eGiftify may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, eGiftify may suspend your access to the Services if eGiftify believes you to be in violation of any part of this Agreement (including any eGiftify Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. You agree that eGiftify shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account, and for which eGiftify will have no liability whatsoever, with the exception of any data required to be retained based on applicable law.

13. Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by eGiftify and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at eGiftify’s request) defend eGiftify, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the "eGiftify Parties") from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.

14. Merchant Issued Gift Cards and Marketing Offers. eGiftify serves as the processor of the Merchant issued gift cards & Marketing Offers and the Merchant is solely responsible for honoring the Merchant Gift Cards & Marketing Offers. eGiftify provides the Services and does not review, approve, monitor, endorse, warrant, or make any representations with respect to any Merchants or Merchant Gift Cards or Offers. Each applicable Merchant is solely responsible for the products and/or services provided in connection with the use or redemption of a Merchant Gift Card or claimed Offers. You agree that the sale (and purchase of the gift card) of Merchant Gift Cards and claimed Offers is at your own risk and shall not hold eGiftify, any of its affiliates, or any of their respective employees, officers, directors, agents, representatives, or service providers responsible for any act or omission of any merchant. Each Merchant is responsible for ensuring that it and the Merchant Gift Cards and Offers that are issued comply with all applicable laws and regulations. You further agree that eGiftify is not responsible for any act or omission of Merchant in connection with the any Merchant Gift Card or Offer, including, without limitation, any failure by any Merchant to honor any Merchant Gift Card or Offer or the imposition of any terms and conditions on any Merchant Gift Card or Offer that violate any applicable laws or regulations. For any and all issues or questions related to Merchant Gift Cards or Offers or any other products or services offered by Merchants, you must contact the applicable Merchant. You, the consumer, must settle any returns, disputes, and any other issues relating to Merchant Gift Cards or Offers or any other products or services directly with the Merchant, even if eGiftify processes the payments on behalf of the Merchant. eGiftify is not responsible for any outstanding liability for any of the Services, (including Merchant Gift Cards, Marketing Offers, Promos, Loyalty, Ticketing or any other Services provided by the Merchant) if the Merchant closes its business and ceases to operate. The Merchant is solely responsible for all outstanding liability and is solely responsible for all refunds and chargebacks related to requests from consumers if the Merchant closes its business. eGiftify is not responsible and has no liability for Merchant downtime or the interruption of services.

15. Liability Limitations. EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL THE EGIFTIFY, INC PARTIES, INCLUDING ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS AND/OR EMPLOYEES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE EGIFTIFY, INC SITES, SERVICES, THE EGIFTIFY, INC CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR VISIT TO ANY MERCHANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE EGIFTIFY SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE EGIFTIFY CONTENT. EGIFTIFY IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY MERCHANT FOR WHICH A USER HAS CLAIMED AN OFFER OR PROMOTION, OR PAID A BILL USING THE PAYMENT SERVICES OR ANY MERCHANT THAT ISSUES A MERCHANT GIFT CARD. IF YOU ARE A RESIDENT OF THE UNITED KINGDOM OR EUROPEAN UNION, THE LIMITATION OF LIABILITY IN THIS AGREEMENT SHALL NOT APPLY TO ANY DAMAGE ARISING FROM OUR WILLFUL MISCONDUCT AND GROSS NEGLIGENCE, NOR SHALL IT APPLY TO DAMAGE FROM INJURY TO LIFE, BODY OR HEALTH.

IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE TERMS, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50).

IF A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY (AND THE MERCHANT’S AND EGIFTIFY’S SOLE LIABILITY) SHALL BE THE MERCHANT’S REPLACEMENT OF SUCH GIFT CARD TO THE VERIFIED REMAINING BALANCE OF SUCH GIFT CARD. EGIFTIFY SHALL BEAR NO LIABILITY FOR THE REPLACEMENT OF ANY GIFT CARD FOR ANY REASON WHATSOEVER.

IF THE MERCHANT BECOMES INSOLVENT, MAKES A GENERAL ASSIGNMENT FOR THE BENEFIT OF CREDITORS, FILES A VOLUNTARY PETITION OF BANKRUPTCY, SUFFERS OR PERMITS THE APPOINTMENT OF A RECEIVER FOR ITS BUSINESS OR ASSETS, BECOMES SUBJECT TO ANY PROCEEDINGS UNDER ANY BANKRUPTCY OR INSOLVENCY LAW, WHETHER DOMESTIC OR FOREIGN, OR HAS WOUND UP OR LIQUIDATED, VOLUNTARILY OR OTHERWISE, ANY OUTSTANDING GIFT CARD BALANCES WILL BE REDEEMABLE ONLY AT THE DISCRETION OF AND TO THE EXTENT DEEMED APPROPRIATE BY THE MERCHANT’S TRUSTEES OR APPOINTED LIQUIDATORS. IRRESPECTIVE OF THE MERCHANT’S CIRCUMSTANCES OR THE CIRCUMSTANCES OF THE MERCHANT’S TRUSTEES OR OTHER APPOINTED REPRESENTATIVES, UNDER NO EVENT SHALL EGIFTIFY BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR THE VALUE OR OUTSTANDING OR REMAINING BALANCE OF ANY GIFT CARDS.

16. Disclaimer of Warranties. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND EGIFTIFY CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  THE SERVICES, ALL EGIFTIFY CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. EGIFTIFY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. EGIFTIFY DOES NOT WARRANT THAT EGIFTIFY WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. EGIFTIFY SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF EGIFTIFY.

THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You and eGiftify understand and agree that the disclaimers, exclusions, and limitations in this Section 15 and in Section 16 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that eGiftify would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

17. Release. Merchants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs ("Claims") suffered by you (or, if applicable, any recipient of an eGiftify Gift Card Services) as a result of your (or such recipient’s) interaction with or visit to any Merchant or from any promotion, offer, product or service of any Merchant. Users must resolve all disputes directly with Merchants. To the maximum extent permitted by applicable law, you hereby release the eGiftify Parties from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the eGiftify Parties pertaining to the subject matter of this Section 15. If you are a resident of the United Kingdom or European Union, this release shall not apply to any damage arising from our willful misconduct or gross negligence, nor shall it apply to damage from injury to life, body or health.

18. Notify Us of Infringers. If you believe any of the Services violate your copyright, notify our copyright agent in writing.
In order for us to take action, you must do the following in your notice:

• (a) provide your physical or electronic signature;
• (b) identify the copyrighted work that you believe is being infringed;
• (c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that eGiftify can find it;
• (d) provide us with a way to contact you, such as your address, telephone number, or email;
• (e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and
• (f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
• eGiftify cannot take action unless you have given it all the required information. Any substantial delay or lack of proper documentation will constitute a waiver of your rights to pursue a remedy for any infringement.

19. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

20. Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by eGiftify.

21. Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

22. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. If you are a resident of the United States (including its possessions and territories) or Canada, you agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the eGiftify Parties or their successors or assignees shall exclusively be settled through binding and confidential arbitration. If you are a resident in Mexico, you hereby expressly waive any right to exercise a class action before a Mexican court against eGiftify and eGiftify Parties, pursuant to the terms of the Federal Code of Civil Procedure (CódigoFederal de ProcedimientosCiviles) and any other applicable Mexican legislation.

Arbitration shall be subject to the Federal Arbitration Act and not any state or provincial/territorial arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA"). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the "Rules and Procedures").

In the case of arbitration and where permitted by law, you are thus agreeing to GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

In the case of arbitration and where permitted by law, you and eGiftify must abide by the following rules: 

• (1) ANY CLAIMS BROUGHT BY YOU OR EGIFTIFY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING;
• (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF;
• (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, eGiftify will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation;
• (4) eGiftify also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration;
• (5) the arbitrator shall honor claims of privilege and privacy recognized at law;
• (6) the arbitration shall be confidential, and neither you nor eGiftify may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award;
• (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and
• (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

Notwithstanding the foregoing, either you or eGiftify may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Arkansas. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Arkansas in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Arkansas for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

With the exception of eGiftify Parties (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor eGiftify shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States or Canada), the dispute shall be exclusively brought in state or federal court located in Arkansas.

For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

Last Updated: October 2020