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What is this and why do I have to read it?

This is an Agreement between TheGiftionary.com (“us,” “we,” “our”) and you (“you,” “your”) governing your use of our website. In consideration for us making available to you the services and information on our website, you agree to read and to be bound by all of the terms and conditions set forth below. If you do not read all of the terms and conditions, or if you do not wish to be bound by all of them, you do not have permission to use our website.

What is TheGiftionary.com?

TheGiftionary.com is a marketplace where you (if you read and abide by this, our Agreement) are able to find vendors from whom you might want to purchase products or services as gifts. (The term “vendors” in this Agreement refers to the third parties who pay us to list services and products on our website pursuant to a separate Agreement we have with the vendor.) TheGiftionary.com is a list or directory of products and services offered by third-party vendors. TheGiftionary.com is not a vendor, and TheGiftionary.com offers none of the products or services you might find listed on our website. Nor is TheGiftionary.com a broker wholesaler, reseller or other “middleman” between you and the vendor. TheGiftionary.com merely collects information from certain vendors and displays that information for your consideration.

How do I make contact with vendors?

If you find a product or service on our website that interests you, TheGiftionary.com provides information that might allow you to contact the vendor and learn more about the product or service and vendor. If you decide to purchase a product or service from the vendor, TheGiftionary.com will not be involved in the transaction or even know that any transaction occurs. Accordingly, before you decide to purchase a product or service from a vendor, you agree to do your own research regarding the quality, suitability, legality, reliability and honesty of the product or service and of any vendor with whom you decide to do business. TheGiftionary.com has no knowledge or control over the quality, suitability, legality, reliability and honesty of the product or service or of any vendor.

YOU AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK AND THAT THEGIFTIONARY.COM PROVIDES IT “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND.

YOU AGREE THAT THEGIFTIONARY.COM MAKES NO RECOMMENDATIONS, EXPRESS OR IMPLIED WARRANTIES (EITHER OF TITLE, VENDORABILITY OR OF NON-INFRINGEMENT), GUARANTIES, PROMISES, ASSURANCES OR OTHER REPRESENTATIONS (EITHER POSITIVE OR NEGATIVE), REGARDING THE TRUTHFULNESS, ACCURACY, HONESTY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE OR LAWFULNESS REGARDING ANY VENDOR OR ANY PRODUCT OR SERVICE OFFERED BY ANY VENDOR.

YOU AGREE THAT THEGIFTIONARY.COM SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO YOUR USE OF OUR WEBSITE.

THE ABOVE WARRANTY DISCLAIMER AND AGREEMENT TO LIMIT DAMAGES DO NOT APPLY TO YOU IF APPLICABLE STATE LAW DOES NOT ALLOW IT.

Because we provide the marketplace only, and vendors provide the information listed, you agree that we do not take responsibility for any information you find on our website, even if it is inaccurate, offensive, immoral, harmful or deceptive.

Certain tax laws and the absence of international protection may create tax liabilities and other risks if you decide to deal with vendors who are based abroad or who are foreign nationals. You agree that any such risks are your own, and you release TheGiftionary.com from any all damages you may suffer because of those risks.

Who may use TheGiftionary.com?

You may not use our website without our permission. You only have our permission to use this website if all of the following are true:

You read and agree to this Agreement;

You are 18 or older;

You have the capacity to form an enforceable contract under applicable law;

You comply with all local, domestic and international laws regarding online conduct; and

You read and accept our Policy on Your Privacy – Consumer.

We may forbid you access to our website for any reason at any time.

How much does it cost to use TheGiftionary.com?

Using TheGiftionary.com is free to you. Vendors pay certain fees pursuant to a separate agreement we have with vendors using this website.

How is my use restricted?

The use of spiders, robots or similar programs causing automatic use of TheGiftionary.com is not allowed, and you agree not to use such methods on our website. You also agree not use our website in any manner that will burden our servers or other equipment or programming in a way we find unreasonable. You will not interfere with the functioning of this site in the way we intend it to function, nor will you copy and distribute content from our website without our express permission.

How can we change this Agreement?

TheGiftionary.com may change the terms of this Agreement at any time by posting the change on our website in this location without any notice to you. You may not change this Agreement.

What if we have a disagreement?

If we have a dispute, you agree to first contact us to inform us of the dispute. If the dispute involves a vendor or other third party, you agree to release TheGiftionary.com from all claims and damages, whether actual or consequential and whether known or unknown of every kind whatsoever, arising out of the disputes.

What law governs this Agreement?

This Agreement shall be controlled by Georgia law. You agree that any dispute under this Agreement shall be litigated only in a court of competent jurisdiction within the state of Georgia, County of Fulton, and you agree to submit to the jurisdiction of any such court.

Who is TheGiftionary.com?

The information on our website is offered by The Giftionary, LLC, which has offices at Atlanta, Georgia. The term “TheGiftionary.com” when referred to in this Agreement means The Giftionary, LLC and when used in this Agreement, refers to the Limited Liability Companies directors, officers, managers, employees and third-party service providers.

This is a free site for consumers; companies pay to be listed on TheGiftionary.com