Terms & Conditions

The services that Gift of Clean®, LLC and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, hereinafter “Gift of Clean,” “we,” “our,” and “us”) provides to you are subject to the terms and conditions set forth herein (“Terms of Use”), which govern your access to and/or use of the website and/or use of any mobile versions and/or applications, content, products, services and any sites Gift of Clean may have now and/or in the future (collectively, the “Services”), including without limitation as it relates to you selling your services and/or interacting with customers and/or other users of the Services.

By clicking on the “Accept” button on the screen as it relates to this Terms of Use and/or by accessing and/or using the Services, you acknowledge and agree that you have read, understand and agree to be bound by all of the terms and conditions of this Terms of Use, as well as all other applicable rules or policies, terms and conditions and/or agreements that are and/or may be established by Gift of Clean from time to time and the foregoing shall be incorporated herein by reference. If you agree to this Terms of Use on behalf of an entity, or in connection with providing and/or receiving services on behalf of an entity, you represent and warrant that you have authority to bind such entity or agency to this Terms of Use. In such event, “you” and “your” as used herein will refer and apply to such entity or agency. The terms and conditions of this Terms of Use will exclusively govern your access to and/or use of the Services. Please read this Terms of Use carefully. If you do not accept this Terms of Use, now or in the future, please stop your use of the Services immediately, in which case any continuing access and/or use of the Services is unauthorized.

TABLE OF CONTENTS

Privacy Policy
Changes to Terms
Overview
Scope of Use
Partner Listing Guidelines
Gift Card Requirements and Fees
Use Outside Defined Area
Errors, Inaccuracies, Omissions and Performance
Proprietary Rights and Licenses
Confidentiality
Termination
Indemnification and Waiver
Disclaimer of Warranties
Limitation of Liability
Linked Sites
Third Party Services
Dispute Resolution
DMCA Copyright Policy and Copyright Agent
Miscellaneous

PRIVACY POLICY

You also agree to Gift of Clean’s privacy policy, located at https://www.thegiftofclean.com/privacy-policy/ (“Privacy Policy”) and consent to any personal information we may obtain about you being collected, stored, and/or otherwise processed in accordance with the Privacy Policy and this Terms of Use.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND GIFT OF CLEAN WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.

CHANGES TO TERMS

Subject to the conditions set forth herein, Gift of Clean may, at any time, for any reason, in its sole discretion make changes to the Services and/or modify this Terms of Use. If Gift of Clean makes changes and/or modifications that affect your access to and/or use of the Services, Gift of Clean will provide a notice of such changes only by posting the updated Terms of Use on the page and changing the “last updated” date listed above. We may also provide you with additional forms of notice of modifications and/or updates as appropriate under circumstances. If you do not agree with the changes and/or modifications, you shall not use the Services after the effective date of the changes. Please revisit this Terms of Use regularly to ensure that you stay informed of any changes.

OVERVIEW

Description of the Service. The Gift of Clean partner network is comprised of cleaning and/or maid services. Gift of Clean helps facilitate and to further connect people to cleaning and/or maid services with gift cards distributed via retail, ecommerce, corporate and/or through various other channels. Gift of Clean shall deliver the marketing support for the specific services designated by you, and display such services and/or listing on the Services.

Compliance. You represent and warrant that (i) your business is, and will at all times be, operated in full compliance with all applicable law, rule, regulation, order of any governmental (including any regulatory or quasi-regulatory) agency or contract, and (ii) your employees, contractors and/or agents are, and will at all times be, in full compliance with all licensing and similar requirements to which it is subject, and properly trained to perform the services.

SCOPE OF USE

Eligibility. To access and/or use the Services, you must be eighteen (18) years or older and have the requisite power and authority to enter into this Terms of Use and meet any other applicable age and residency requirements. The Services are not intended for and should not be used by anyone under the age of thirteen (13) unless Gift of Clean receives legal parental or guardian consent. Otherwise, you represent that you are over the age of eighteen (18) and are the intended recipient of the Services. You may not access and/or use the Services for any purpose if either of the representations in the preceding sentence are not true.

Use of Services and Availability. Gift of Clean retains the right, in our sole and absolute discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason without liability. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of Gift of Clean’s control. The Services may be modified, updated, suspended and/or discontinued at any time without notice and/or liability.

Creating an Account. You may establish an account through the Services. Your account requires you to (i) indicate agreement to this Terms of Use, (ii) provide contact information, and (iii) submit any other form of authentication required during the enrollment process, as determined by Gift of Clean in its sole and absolute discretion. If you establish an account with Gift of Clean, you agree to provide true, accurate and current information in connection with your account. You are responsible for updating and correcting information you have submitted to create and/or maintain your account. Any usernames and passwords used for the Services are for your use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You understand and agree that Gift of Clean shall have no responsibility for any incident arising out of, or related to, your account settings. Gift of Clean will assume that anyone using the Services and/or transacting through your account is you. Therefore, you further agree to immediately notify Gift of Clean of any unauthorized use of your password and/or account and/or any other breach of security. You may only create and hold one (1) account that you are solely responsible for managing and are prohibited from using other disguised identities when using the Services. We may refuse to grant you an account with a name that impersonates someone else, if it may be illegal, vulgar, offensive, and/or if it may be protected by trademark and/or other proprietary rights, as determined by Gift of Clean in its sole and absolute discretion. Your account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person. If you violate this Terms of Use we may terminate your account immediately. Upon termination, the provisions of this Terms of Use that are by their nature intended to survive termination (including without limitation any disclaimers, limitations of liability and indemnities) shall survive such termination.

If we terminate your account, you may not subscribe under a new account unless we formally invite you. If you commit fraud and/or falsify information in connection with your access to and/or use of the Services, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your ‘Internet Service Provider’ of any fraudulent activity we associate with you and/or your access to and/or use of the Services.

Communications from Gift of Clean. By using the Services, you agree to receive certain communications in connection with the Services. When you access and/or use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Services provided to you via email. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.

Your Responsibilities. Gift of Clean grants you the rights set forth herein, subject to the following conditions:

  1. You shall not modify, disassemble, create derivative works, publicly display, reverse engineer and/or otherwise reduce to human-perceivable form all or any part of the Services;
  2. You agree not to submit and/or transmit any emails, User Content or other materials through the Services that contain a virus, worm, Trojan horse and/or any other harmful component designed to interrupt, destroy and/or limit the functionality of any computer software and/or hardware and/or telecommunications equipment, and/or that is designed to obtain unauthorized access to any information;
  3. You shall not obtain or attempt to obtain any data through any means from the Services, except if we intend to provide and/or make it available to you;
  4. You shall not pretend to be someone else, use someone else’s identify or misrepresent your affiliation with a person or entity;
  5. You shall not copy or imitate part or all of the design, layout, and/or look-and-feel of the Services and/or individual sections of it, in any form or media;
  6. You are responsible for the accuracy of the data and User Content that you submit;
  7. You shall not submit User Content that is harmful, inaccurate or otherwise inappropriate including without limitation libelous, defamatory, harassing, racially, ethnically and/or otherwise objectionable;
  8. You agree not to intentionally hold Gift of Clean and/or their employees and/or directors up to public scorn, ridicule and/or defamation;
  9. You will not promote and/or provide information about illegal activities and/or physical harm and/or injury to any group, individual, institution and/or property;
  10. You will not submit User Content that violates, plagiarizes and/or infringes the rights of third parties including, without limitation, copyright rights, trademarks, rights of privacy or publicity and/or any other proprietary right; and/or that is designed to obtain unauthorized access to any information; and
  11. You shall not use the Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided.

PARTNER LISTING GUIDELINES

General Listings. You shall provide descriptions of your offerings, listings and services advertised on the Service. Gift of Clean does not investigate and/or vet partners, services and/or service offerings and is therefore not responsible for any performance and/or quality claims associated with the description of your service offers and/or listings. Pricing relating to service offerings and/or listings may change at any time in our sole discretion, without notice. Gift of Clean may also refuse to process, and/or may cancel a purchase or gift card redemption as reasonably deemed necessary, to comply with applicable law and/or to respond to a case of misrepresentation, fraud and/or known and/or potential violations of the law and/or this Terms of Use.

Listing Restrictions. Gift of Clean prohibits the listing and/or sale of any services that is illegal to sell under any applicable law, statute, ordinance and/or regulation. You also agree to comply with fair trade guidelines, as determined by Gift of Clean, where applicable. You must describe your service offerings and all terms of sale on the description page and are responsible for the accuracy of the service offerings. Your descriptions may only include text, graphics, pictures, and other content relevant to the sale of your services. You are responsible for ensuring that the information provided to Gift of Clean is true and correct and complete in all respects. Gift of Clean is not responsible or liable for any mistakes, errors or omissions in provided by you. You shall notify Gift of Clean of any changes in a service listing as soon as such revised information is available or otherwise update your listing through your account, where applicable. You shall use your best efforts to make sure that all reservations agents, customer service agents, and other personnel are familiar with and knowledgeable of all deals and other specials promoted by you through the Service. Gift of Clean reserves the right to remove service offerings, listings and other User Content as determined by Gift of Clean in its sole and absolute discretion.

Rewards and Packages. You further agree to comply with Gift of Clean’s rewards programs offered from time to time and/or requirement to offer specific packages related to your services that are solely for the benefit of Gift of Clean gift certificate and/or gift card holders.

GIFT CARD REQUIREMENTS AND FEES

General. You agree to accept and honor gift cards at full face value in exchange for services and products, the same as you accept cash or credit/debit cards, without exception or limitation, charging prices no greater than your posted or publicly advertised and available rates.

Setup Fee. You agree to pay Gift of Clean the one-time setup fee listed on the Service. The one-time setup fee shall be due immediately upon creating your account, and shall be non-refundable.

Referral Fee. Registered users are allowed to earn a referral fee if (i) a referred customer clicks on your referral link, and (ii) the referred customer completes a purchase through Gift of Clean’s Service (“Qualified Referral”). The referring user will be credited with six percent (6%) of the received fees by Gift of Clean for a Qualified Referral within thirty (30) days after the sales of the gift card and/or gift certificate; provided that such gift card and/or gift certificate is not redeemable for cash. The Qualified Referral must pay for the gift card and/or gift certificate via the Gift of Clean platform. Referrals should only be used for personal and non-commercial purposes. Referral links should not be published or distributed on commercial websites (such as coupon websites) or on blogs with the primary purposes of soliciting a referral fee. Users are prohibited from “spamming” anyone with referral invitations. This shall include without limitation, mass emailing, texting or messaging unknown individuals using automated systems or bots through any channel to distribute your referral link. You are prohibited from paying to advertise referral links. This referral program m may not be combined with other Gift of Clean referral programs or incentives. Gift of Clean may suspend or terminate this referral program or a user’s ability to participate at any time for any reason.

Exclusive Dealing. During the period from the initial acceptance of this Terms of Use and for a period of two (2) years following termination of our your relationship within our partner network, you shall not take any action, directly or indirectly, to encourage, or assist any third party to accept any other universal gift card similar to those offered by Gift of Clean; provided that, such restrictions shall not apply to your own gift cards or gift certificates or otherwise redeeming open ended gift cards that are not industry specific including without limitation gift cards from VISA, Mastercard, Discover or American Express. This provision shall survive any expiration or termination of this Terms of Use.

Redemption. In order to receive reimbursement of a gift certificate and/or gift card, you must remit to Gift of Clean the gift certificates and/or gift cards used by customers and will follow our redemption procedures in effect from time to time. Gift of Clean will remit to you the face value of the redeemed gift certificate and/or gift card less a nineteen percent (19%) marketing fee. You may keep any and all sales dollars received from customers in excess of the face value of the gift card and/or gift certificate. You may keep any and all sales dollars received from customer in excess of the face value of the gift card. You may redeem the gift certificates and/or gift cards online through your account.

Gift Card Restrictions. You acknowledge and agree that you will only seek to redeem gift certificates or gift cards actually used by a customer for your services and presented to you for payment. In the event that any gift certificate or gift card submitted by you for redemption is thereafter re-submitted by any other partner for redemption, you will indemnify, defend and hold harmless Gift of Clean for all costs incurred by Gift of Clean in connection with such re-submission. You will be responsible for any damage to our computer system resulting from you downloading any information (e.g. computer viruses, bugs, etc.) in connection with any online redemption.

Online Redemptions. Subject to the terms and conditions set forth in this Agreement, you agree to: (a) supply to Gift of Clean all information and data reasonably required by Gift of Clean to perform the Services; (b) maintain all Gift of Clean-related transaction records and other records required by law or regulation; (c) be responsible for the accuracy and adequacy of all data transmitted by it or on its behalf for processing by or storage of information through the Services; (d) maintain sufficient “back-up” information and data to reconstruct any information or data loss due to any system malfunction; and (e) comply with all federal, state and local laws and regulations relating to this Terms of Use, including consumer protection, financial transaction and escheatment laws and acknowledges that Gift of Clean is not responsible for your compliance with escheatment or other laws, and, notwithstanding the provisions of this Section, you agree to wholly indemnify Gift of Clean for all related liabilities. You acknowledge that Gift of Clean may, at any time, require you to deliver the original gift card directly to Gift of Clean. Accordingly, you agree to keep all original gift cards following each redemption. You may, but are not required to, sign up for Automated Clearing House (“ACH”) payments. You agree to execute further documentation necessary and/or required to implement the ACH payment process.

Mail-In Redemptions. For redemptions by mail, you must send the gift card to: Gift of Clean, 1823 Hicks Road, Suite A, Rolling Meadows, Illinois 60008. Gift of Clean will pay you within thirty (30) business days of receipt. For faster payment, you may sign up for online redemption.

Payment Processing. Gift of Clean uses the third-party payment platform. You expressly understand and agree that all payments and monetary transactions are handled by such third-party platform and you agree to all terms and conditions related thereto. Such third party payment platform is responsible for protecting the security of your payment information in their possession and will maintain commercially reasonable administrative, technical, and physical procedures to protect all the personal information regarding you that is stored in such third party’s servers from unauthorized access and accidental loss or modification.

USE OUTSIDE DEFINED AREA

Please be aware that our Services are subject to United States laws, including laws governing privacy and security of your information. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with applicable local laws. This Terms of Use is written in English. To the extent any translated version of this Terms of Use conflicts with the English version, the English version controls. In the event you are using the Services outside of the United States, you agree as follows: (i) you consent to having your personal data transferred to and processed in the United States; (ii) if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of ‘Specially Designated Nationals’ you will not engage in commercial activities on Gift of Clean (such as advertising or payments); and/or (iii) you will not use Gift of Clean if you are prohibited from receiving products, services or software originating from the United States.

ERRORS, INACCURACIES, OMISSIONS AND PERFORMANCE

Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to services, contact information, address, and events. We reserve the right to: (i) correct any errors, inaccuracies, and/or omission; and/or (ii) make changes to content, events, descriptions, service and/or other information without obligation to issue any notice of such changes, except as prohibited by law. We also reserve the right to revise, suspend and/or terminate an event and/or promotion at any time without notice and without liability.

PROPRIETARY RIGHTS AND LICENSES

Ownership. The Services, any content and/or products on the Services and the infrastructure used to provide the Services are proprietary to Gift of Clean, our affiliates, and other content providers. By using the Services and accepting this Terms of Use, Gift of Clean grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and/or use the Services pursuant to this Terms of Use and to any additional terms and policies set forth by Gift of Clean. Neither this Terms of Use nor your use of the Services convey and/or grant to you any rights: (i) in or related to the Services except for the limited license granted above; and (ii) to use or reference in any manner Gift of Clean’s names, logos, product and service names, trademarks or services marks or those of Gift of Clean’s licensors.

Reservation of Rights. The materials, headers, videos, illustrations, photographs, graphics and content on the Services, as well as the organization and layout of the Services, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Subject to the limited rights expressly granted hereunder, Gift of Clean and/or its third party providers reserve all right, title and interest in and to the services and content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

User Content. Please carefully choose the information that you post on, through and/or in connection with the Services. You acknowledge and agree that you have no expectation of privacy with regard to any information, content, location, rates, service offerings, listings, prices, discussions, images, photographs, video, sound, descriptions, comments, reviews, responses, posts and/or messages (“User Content”) through communication facilities that may be offered on, through, and/or in connection with the Services from time to time. You assume all risks associated with User Content, including anyone’s reliance on its quality, accuracy, and/or reliability by you. You also represent that you own, and/or have the necessary permissions to use and authorize use of User Content as described in this Terms of Use. You hereby grant Gift of Clean a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, transferable license to use the User Content for any purpose including after termination of your account. You further hereby irrevocably grant the other users of the Services, the right to access and/or use User Content in connection with their use of the Services in accordance with this Terms of Use. You shall not imply that User Content is in any way sponsored and/or endorsed by Gift of Clean.

Feedback. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Services (“Feedback”), then you grant to Gift of Clean a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. Gift of Clean has no obligation to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.

Prohibited Use. Gathering email addresses from Gift of Clean through harvesting or is prohibited. Posting and/or transmitting unauthorized and/or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users is prohibited. We also prohibit crawling, scraping, caching, and/or otherwise accessing any content on the Services via automated means (except as may be the result of standard search engine protocols and/or technologies used with Gift of Clean’s express written consent). You may not use the Services in any manner that could damage, disable, overburden, and/or impair the Services and/or interfere with any other party's use and/or enjoyment of the Services.

Gift of Clean Licensed Materials. Subject to the limitations set forth in this Terms of Use, Gift of Clean grants you a non-exclusive, non-transferable, revocable license to (i) access our website through the links solely in accordance with the terms of this Terms of Use and (ii) solely in connection with such links, to use the Gift of Clean® trademark and logo and similar identifying material provided by us (collectively, the "Licensed Materials"), for the sole purpose of selling Gift of Clean Services on your site and as approved in advance by us. You may not alter, modify, or change the Licensed Materials in any way. We reserve all of our rights in the Licensed Materials and your license to use such material is limited to the manner described herein. We may revoke your license at any time, by giving you written notice. If not previously revoked, this license shall immediately terminate upon the termination of your participation in the Services and/or Gift of Clean network.

Restrictions on Licensed Materials. You are only entitled to use the Licensed Materials while you are a partner in good standing and in compliance with all of the terms of this Terms of Use. You shall not use the Licensed Materials for any purposes other than promoting and/or selling Gift of Clean Services. You shall not use the Licensed Materials in any manner that is disparaging or that otherwise portrays Gift of Clean, any hosted member of Gift of Clean or any Gift of Clean employee or representative in a negative light. Your use of such Licensed Materials shall be in accordance with applicable law and Gift of Clean’s policies and procedures established from time to time. You shall not do and/or cause to be done any act and/or anything contesting and/or in any way impairing and/or reducing Gift of Clean’s right, title and interest in the Licensed Materials. Gift of Clean has the right to discontinue and/or alter the form, shape and/or artwork of the Licensed Materials. You acknowledge that use of the Licensed Materials shall not create any right, title and interest, in or to the Licensed Materials and that all such uses inure to the benefit of Gift of Clean. Gift of Clean reserves the right to review any and all of your use of the Licensed Materials. to determine if such use is in compliance with this Terms of Use.

CONFIDENTIALITY

You shall not make any public statement, press release, or other announcement relating to, or otherwise disclose to any third party, the terms and conditions of or existence of any agreements made by Gift of Clean without our prior written approval. This provision shall survive any expiration or termination of this Terms of Use.

TERMINATION

If you violate this Terms of Use and/or if we have grounds to suspect that you violated this Terms of Use and/or other use parameters included on the Services, we may refuse use of the Services (or any portion thereof). Gift of Clean also reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without cause and/or without notice and without liability. In the event you fail to pay for the access granted (if applicable), and/or share the access granted with any person and/or entity, and/or misuse the system by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, Gift of Clean will consider your access as having been acquired by fraud and/or misrepresentation and will terminate your access. In such a case, Gift of Clean retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you.

INDEMNIFICATION AND WAIVER

You shall indemnify, defend and hold harmless Gift of Clean, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature (“Claim”) arising out of and/or in the relation to (i) use of User Content in the event of an infringement, violation, trespass, contravention and/or breach of any third party, and/or constitutes the unauthorized use and/or misappropriation of any trade secret of any third party, (ii) your use of Gift of Clean’s Services; (iii) any breach of this Terms of Use by you, your officers, agents, employees, contractors and/or representatives, (iv) service provided (or not provided) by, or actions (or failure to act) of, you or any of your representatives or any other individual or entity, and/or (v) fraud you commit and/or your intentional misconduct and/or negligence. You shall give prompt notice to Gift of Clean upon your receipt of notice of any Claim against you which might give rise to a claim against Gift of Clean.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICES AND ANY CONTENT, ARE PROVIDED BY GIFT OF CLEAN TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY AND/OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, OR ANY WARRANTIES AS TO THE NUMBER OF VISITORS TO OR PAGES DISPLAYED ON GIFT OF CLEAN’S SERVICES, OR THE FUNCTIONALITY, PERFORMANCE OR RESPONSE TIMES OF THE SERVICES, ALL OF WHICH GIFT OF CLEAN EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, GIFT OF CLEAN AND/OR ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICES AND/OR CONTENT WILL MEET YOUR REQUIREMENTS AND/OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, AND/OR CONTENT WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; AND/OR (C) GIFT OF CLEAN WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE AND/OR DELAY IN UPDATING THE SERVICES AND/OR ANY CONTENT. NO ADVICE AND/OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIFT OF CLEAN AND/OR THROUGH AND/OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE.

LIMITATION OF LIABILITY

YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL GIFT OF CLEAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF GIFT OF CLEAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY GIFT OF CLEAN ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, GIFT OF CLEAN’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

GIFT OF CLEAN’S MAXIMUM AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU IN ANY CIRCUMSTANCE ARISING OUT OF AND/OR RELATING TO THE SERVICES IS LIMITED TO THE LESSER OF (I) ONE HUNDRED DOLLARS (US$100.00); OR (II) THE FEES PAID TO YOU BY GIFT OF CLEAN IN THE ONE MONTH PERIOD PRECEDING THE DATE OF THE CLAIM.

LINKED SITES

The Services may provide links to various other independent third-party websites (“Linked Sites”) that may be of interest to you and for your convenience only. Gift of Clean does not control and/or endorse such Linked Sites and is not responsible for their content nor is it responsible for the accuracy and/or reliability of any information, data, opinions, advice or statements contained within such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites at your own risk. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Linked Site that you visit. Gift of Clean reserves the right to terminate any link and/or linking program at any time. Gift of Clean disclaims all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials or information contained on such Linked Sites.

THIRD PARTY SERVICES

The Services may be made available and/or accessed in connection with third party services and content that Gift of Clean does not control. Gift of Clean may post advertisements of third parties through the Services, including without limitation promotions, service and/or product offerings, opportunities, and/or sponsors showing their goods and services. Your correspondence, participation in, and/or any other dealings with third parties found through the Services are solely between you and such third party. Gift of Clean does not endorse such third party services and content and in no event shall Gift of Clean be liable for any products and/or services of such third party providers. You agree that Gift of Clean shall not be responsible for any loss and/or damage of any sort incurred as a result of any such dealings and/or as the result of the presence of such third parties through the Services. Moreover, Gift of Clean shall not be responsible and/or liable for the accuracy, quality, suitability, currency and/or content of the statements and/or conduct of any third party on the Services.

DISPUTE RESOLUTION

Disputes. We want to address your concerns without needing a formal legal case. Before filing a claim against Gift of Clean, you agree to try to resolve the dispute informally by contacting us at legal@thegiftofclean.com. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days of submission, you and/or Gift of Clean agree to resolve any claims related to this Terms of Use through final and binding arbitration, except as forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or you opt out as described below.

Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting Gift of Clean within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted this Terms of Use). You must write us at Gift of Clean, Attn: Opt-Out Arbitration, 1823 Hicks Road, Suite A, Rolling Meadows, Illinois 60008. If you opt out, neither you nor Gift of Clean can require the other to participate in an arbitration proceeding.

Arbitration Procedures. Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described below, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in Cook County, Illinois or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Exceptions to Agreement to Arbitrate. Either you and/or Gift of Clean may assert claims, if it qualifies, in small claims court in Cook County, Illinois. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Services, breach of Gift of Clean’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.

Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and Gift of Clean agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois. Both you and Gift of Clean consent to the foregoing venue and jurisdiction.

Gift of Clean respects the intellectual property rights of others and expects you to do the same. We reserve the right to block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties and remove and discontinue service to repeat offenders. We will respond to clear notices of copyright infringement when you provide the following:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
  4. information sufficient to permit Gift of Clean to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;
  5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Contact information for Gift of Clean’s DMCA Agent for notice of claims of copyright infringement is: Gift of Clean, Attn: Copyright Agent, 1823 Hicks Road, Suite A, Rolling Meadows, Illinois 60008 (legal@thegiftofclean.com).

The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services linked to and/or from the Services. All other inquiries directed to the Copyright Agent will not be responded to.

MISCELLANEOUS

If any provision and/or term of this Terms of Use shall become and/or be declared illegal, invalid and/or unenforceable for any reason whatsoever, such term and/or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from it. This Terms of Use shall be governed in all respects by the laws of the State of Illinois, without reference to its choice of law rules. If an applicable law is in conflict with any part of this Terms of Use, this Terms of Use will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or Gift of Clean of any breach and/or default and/or failure to exercise any right allowed under this Terms of Use is a waiver of any preceding and/or subsequent breach and/or default and/or waiver and/or forfeiture of any similar and/or future rights under this Terms of Use. The English language version of this Terms of Use shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.

Contact us: If you would like to request additional information regarding this Terms of Use, please contact us at legal@thegiftofclean.com.