TABLE OF CONTENTS
Changes to Terms
Scope of Use
Partner Listing Guidelines
Gift Card Requirements and Fees
Use Outside Defined Area
Errors, Inaccuracies, Omissions and Performance
Proprietary Rights and Licenses
Indemnification and Waiver
Disclaimer of Warranties
Limitation of Liability
Third Party Services
DMCA Copyright Policy and Copyright Agent
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
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
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.
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:
- 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;
- 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;
- 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;
- You shall not pretend to be someone else, use someone else’s identify or misrepresent your affiliation with a person or entity;
- 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;
- You are responsible for the accuracy of the data and User Content that you submit;
- 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;
- You agree not to intentionally hold Gift of Clean and/or their employees and/or directors up to public scorn, ridicule and/or defamation;
- 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;
- 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
- 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
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.
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.
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
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
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.
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.
INDEMNIFICATION AND WAIVER
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
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.
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.
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.
DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT
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:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- 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;
- information sufficient to permit Gift of Clean to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;
- 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
- 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 (firstname.lastname@example.org).
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.