These Terms and Conditions, as may be amended from time to time (the “Agreement”) apply to your use of the GiftedPath Services, are a legal contract between you and GiftedPath, and describe the relationship between you, and GiftedPath.
In order to use the GiftedPath Services, you must read, agree with and accept all of the terms and conditions contained in this Agreement. We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. Your continued use of the GiftedPath Services following any update to this Agreement will be deemed acceptance of the updated Agreement.
THIS IS AN IMPORTANT DOCUMENT, WHICH YOU MUST CONSIDER CAREFULLY WHEN CHOOSING WHETHER TO USE THE GIFTEDPATH SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY. BY BROWSING, REGISTERING FOR, ACCESSING OR USING ANY GIFTEDPATH SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY ADDITIONAL GUIDELINES REFERENCED IN THIS AGREEMENT. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE GIFTEDPATH SERVICES AND FOLLOW THE APPLICABLE INSTRUCTIONS IN THIS AGREEMENT.
Consent to Electronic Disclosures
Because GiftedPath Services are provided electronically, you must consent to GiftedPath’s providing important information electronically if you wish to proceed. Read this notice carefully. You can print a copy for your records.
By consenting to receive information electronically, you will receive the following information and disclosures electronically at this website or via electronic mail (“email”):
To receive this information electronically, and access and retain any disclosures received, you will need a computer with Internet access, and the ability to receive and read email. Please note that some web browsers may not be supported.
By proceeding with registration to use GiftedPath Services:
To help the government fight terrorism and money laundering activities, GiftedPath obtains, verifies, and sometimes stores personal information.
To be eligible for the GiftedPath Services you must be at least 18 years old. By registering for, accessing, or using the GiftedPath Services, you represent that you are at least 18 years old. The GiftedPath Services are not available to anyone who has been suspended or removed from using the GiftedPath Services.
Our Relationship with You
GiftedPath is a service provider. GiftedPath does not have control over or liability for products or services paid for using GiftedPath.
GiftedPath is a service provider. The use of the GiftedPath Services by users in no way represents any endorsement by GiftedPath of their policies, practices or beliefs. Furthermore, GiftedPath provides no guarantees to Payers regarding products or services purchased through the GiftedPath Services, nor does it make any representations regarding the tax deductibility of donations.
Account Administrators must:
When you register for GiftedPath, you must provide your first name, last name, and email address, and you must select a password. You must keep your password confidential and not disclose it to others. When you successfully register for GiftedPath, you become a “User”.
When a User creates an Account, GiftedPath establishes a corresponding PayPal account for the receipt of funds and must adhere to PayPal’s Acceptable Use Policy. and PayPal User Agreement.
Deleting an Account
Admins can only delete Accounts that have no pending payments and that do not currently hold a balance. When an Account is deleted, historical information about the Account may no longer be available to the User. This action cannot be undone.
Users agree to collect payments through PayPal’s services.
Effect of Payments
Once you make a payment, you may not change or cancel that payment. GiftedPath IS NOT RESPONSIBLE FOR ANY DISPUTES OR DISAGREEMENTS BETWEEN YOU AND A ANY OTHER PARTY TO A PAYMENT. YOU AGREE TO RESOLVE DISPUTES DIRECTLY WITH THE OTHER PERSON, AND AGREE NOT TO INVOLVE GIFTEDPATH IN SUCH DISPUTES.
Pending Balance and Pending Payments
Payments are subject to PayPal’s terms of service and associated service level agreements with respect to pending payments.
Incentives or Bonuses
GiftedPath may provide you with a bonus or incentive (including a referral bonus), subject to the terms and conditions of any bonus or incentive program in effect and made available to you at the time you register. GiftedPath reserves the right to terminate any incentive promotional program at any time without notice to you.
It is free to register for GiftedPath and to set up Accounts. GiftedPath charges a small transaction fee for each payment received by any of your Accounts. In addition, you may be subject to additional fees for your use of the GiftedPath Services, including but not limited to fees associated with chargebacks.
In addition to the fees that GiftedPath charges, you may also be required to pay fees and charges to others in connection with your use of the GiftedPath Services. For example, your mobile telephone company may impose charges for your use of your cell phone in connection with GiftedPath. The financial institution that issues your credit card or debit card, or holds your bank account, or receives funds Withdrawn to a Bank Account by you, may charge you for payments between that Payment Method and GiftedPath. If you use a credit card, you may be charged interest.
Refund and Chargeback Policy
If a User requests a refund (“ Refund Request”) for a payment that they have made, GiftedPath will place a temporary hold on those funds (if available), and contact the Administrator of the Account that has received the payment with information regarding that User’s request.
The Administrator will have three business days to agree to or dispute the Refund Request, after which the request will be automatically honored.
If the Administrator disputes the request, GiftedPath will require both the Requesting User and the Administrator to complete and return a GiftedPath Dispute Resolution Survey within three business days of the start date of the Dispute. GiftedPath will then honor or deny theRefund Request at its sole discretion.
GiftedPath may require additional information from either the Requesting User or Administrator or both in the process of determining whether to honor the Refund Request.
In the event GiftedPath honors the Refund Request and the funds are no longer available in the relevant Account, GiftedPath reserves the right to reclaim those funds by debiting the Administrator’s external bank account, charging the Administrator’s credit card, or other such methods.
Chargebacks and the chargeback process must adhere to PayPal’s Acceptable Use Policy. and PayPal User Agreement.
Any Account that receives a chargeback will undergo review by GiftedPath. GiftedPath reserves the right to close or put a hold on any account that has generated a chargeback.
Privacy and Information Sharing
User Content Submissions
Once you have registered with GiftedPath, you may upload certain materials and information to the GiftedPath Service (“User Content”). You must not upload User Content unless you own all necessary rights, or have permission from the rightful owner of the User Content, to grant GiftedPath all of the license rights granted in this Agreement. You must not submit any User Content that: (a) is false, misleading, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive; (b) encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (c) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; or (d) advertises products or services competitive with GiftedPath’s or its partners’ products and services, as determined by GiftedPath in its sole discretion. For any User Content, you grant to GiftedPath a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, translate, adapt, distribute, prepare derivative works of, transmit, display, publish, perform delete (in whole or in part), and incorporate the User Content for any purpose and without acknowledgment to you. You retain all rights in your User Content, subject to the rights granted to Gifted- Path in this Agreement.
Although GiftedPath will not necessarily pre-screen or review User Content, GiftedPath reserves the right to refuse, review, or delete any User Content in its sole discretion, for any reason or no reason. You remain solely responsible for: (i) any errors or omissions in your User Content; (ii) any liability arising out of your User Content or GiftedPath’s failure to display your User Content; and (iii) any liability arising out of your use of any content from the GiftedPath Service. Under no circumstances will GiftedPath or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your User Content or by your reliance of any content obtained through the GiftedPath Service.
Content on the GiftedPath Service, including User Content, has been licensed to GiftedPath in accordance with various licensing agreements between GiftedPath and the persons or entities who license the rights to such content (“Licensed Content”). You understand that Licensed Content is owned by GiftedPath’s licensors and is protected by intellectual property laws. GiftedPath grants you a limited, non-exclusive, non-transferable, revocable right to access the Licensed Content solely for your own non-commercial use.
Any opinion, advice, statement, service, offer, or other information that constitutes part of the Licensed Content expressed or made available on the Website are those of the respective authors or producers and not of GiftedPath or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates.
GiftedPath has not reviewed, and cannot review, all of the User Content posted by you or any third party to the Website and, as such, does not guarantee the accuracy, integrity, or quality of such content. You understand that by accessing the Website, you may be exposed to content that is harmful, offensive, indecent, objectionable, or inaccurate. Under no circumstances will GiftedPath or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinions, advice, or other content available on the Website, and to seek qualified professional assistance as applicable.
We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the GiftedPath Services. Except for those rights expressly granted in this Agreement, no other rights are granted, either express or implied, to you.
You may not transfer or assign any rights or obligations you have under this Agreement without GiftedPath’s prior written consent. GiftedPath reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
Deleting your User
You may end your use of the GiftedPath services by emailing GiftedPath at email@example.com and requesting that your User be deleted. You cannot delete your User if you have any pending transactions or hold a balance with GiftedPath in any of your Accounts.
If you believe your password has been lost or stolen, email GiftedPath IMMEDIATELY at firstname.lastname@example.org. If your password is lost or stolen, you could lose all the money in your GiftedPath Accounts, as well as money in your linked PayPal account.
Also, if your Account history shows transactions that you did not authorize, email GiftedPath immediately. If you do not tell GiftedPath within 90 days after the Account history was made available to you, GiftedPath will not be obligated to reverse any transactions.
The following uses are prohibited by the GiftedPath Terms of Service. Any Account found to be created for the following uses will be closed.
You agree that GiftedPath may seize or freeze funds that are reasonably deemed by GiftedPath to have resulted from fraud or a prohibited behavior outlined in this section.
Account Passwords and Registration
You agree that the information you provide to GiftedPath upon registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your email address, Password, or any credit, debit or charge card number, if applicable), then you agree to notify GiftedPath immediately.
Third Party Sites, Products and Services; Links
The GiftedPath Services may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). GiftedPath does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through GiftedPath are solely between you and such advertiser. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. GiftedPath is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction. You acknowledge that GiftedPath will report to the Internal Revenue Service the total amount of payments for goods and services you receive each calendar year into all the Accounts you own if you receive into these Accounts (i) more than $20,000 in payments for goods or services, and (ii) receive more than 200 payments for goods or services, in the same calendar year.
Termination; Agreement Violations
If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect GiftedPath, a User, a third party, or you from Reversals, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
You agree that GiftedPath, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your User (or any part thereof) or your use of the GiftedPath Services and remove and discard all or any part of your User at any time. GiftedPath may also in its sole discretion and at any time discontinue providing access to the Gifted- Path Services, or any part thereof, with or without notice.
You agree that any termination of Your access to the GiftedPath Services or any Account you may have or portion thereof may be effected without prior notice, and you agree that GiftedPath will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies GiftedPath may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the GiftedPath Services. If your User is dormant for over 1 year, GiftedPath may close Your User and send any balance held in your Accounts to you by check to the address on record, less any applicable fees. GiftedPath may also be required to escheat to the applicable state government balances on dormant accounts or unclaimed funds from time to time. You may terminate this Agreement at any time by providing written notice to GiftedPath, discontinuing use of any and all parts of the GiftedPath Services, and returning to the issuing financial institution any GiftedPath Prepaid Visa® Card that had been issued to you. You are responsible for use of your Account and Password after termination.
You agree to indemnify, defend, save, and hold GiftedPath, its contractors, employees, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the GiftedPath Services, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. GiftedPath reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify GiftedPath, including rights to settle, and you agree to cooperate with GiftedPath’s defense and settlement of these claims. GiftedPath will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.
Liability of GiftedPath
IN NO EVENT SHALL GIFTEDPATH, ITS EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), UNLESS OTHERWISE REQUIRED BY LAW. GIFTEDPATH’’S LIABILITY, AND THE LIABILITY OF GIFTEDPATH’S EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. GiftedPath is not responsible for the actions of the persons to whom you send a payment, or from whom you receive a payment.
GiftedPath, ITS EMPLOYEES AND SUPPLIERS PROVIDE THE GIFTEDPATH SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. GIFTEDPATH, OUR EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GiftedPath does not guarantee continuous, uninterrupted or secure access to any part of our Service, and operation of our site may be interfered with by numerous factors outside of our control. GiftedPath will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and check issuances are processed in a timely manner but GiftedPath makes no representations or warranties regarding the amount of time needed to complete processing because the GiftedPath Service is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
If you provide feedback to us regarding the GiftedPath Service (“ Feedback ”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
Modification of this Agreement
GiftedPath reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the GiftedPath website or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the GiftedPath Services. For certain changes, GiftedPath may be required to give you advance notice, and GiftedPath will comply with such requirements.
GiftedPath may provide you with notices and communications by email, regular mail or postings on the GiftedPath website or by any other reasonable means.
The failure of GiftedPath to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by GiftedPath.
This Agreement be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.
Disputes with GiftedPath
If a dispute arises between you and GiftedPath, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly.
Any Claim between you and us shall be resolved, upon the election of either you or us, by binding arbitration administered by the American Arbitration Association (“AAA”) or the National Arbitration Forum (“NAF”), under its rules applicable to consumer disputes (“Rules”). You can obtain the Rules and other information about initiating arbitration by contacting the AAA at 335 Madison Avenue, New York, NY 10017, or at www.adr.org , or the NAF at P.O. Box 50191, Minneapolis, MN 55405, or at www.adrforum.com .
If you file a Claim, you can chose either the AAA or the NAF as Administrator; if we file a Claim, we will make the initial selection but you can require us to use either the AAA or the NAF by providing us written notice within 30 days of your receipt of notice of the Claim. Claims will be arbitrated by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years experience. We agree not to invoke our right to elect arbitration of an individual Claim filed by you in a small claims or similar court (if any), so long as the Claim is pending on an individual basis only in such court.
We will pay all filing and administration fees charged by the Administrator and arbitrator fees up to $1,000, and we will consider your request to pay any additional arbitration costs. If an arbitrator issues an award in our favor, you will not be required to reimburse us for any fees we have previously paid to the Administrator or for which we are responsible. If you receive an award from the arbitrator, we will reimburse you for the fees paid by you to the Administrator. Each party shall bear its own attorney’s, expert’s and witness fees, which shall not be considered costs of arbitration; however, if a statute gives you the right to recover these fees, or fees paid to the Administrator, then these statutory rights will apply in arbitration.
Any in-person arbitration hearing will be held in the city with the federal district court closest to your residence, or in such other location as the parties may mutually agree. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. ‘ 1-16, and, if requested by either party, provide written reasoned findings of fact and conclusions of law. The arbitrator shall have the power to award any relief authorized under applicable law. The arbitrator’s award shall be final, except for any appeal that may be permitted under the Federal Arbitration Act. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof.
Neither you nor we shall have the right to participate as a representative or member of any class of claimants in arbitration, and you and we further agree that claims of third parties shall not be joined in any arbitration between you and us, without the express written consent of both you and us. The validity and effect of this paragraph shall be determined exclusively by a court, and not by the Administrator or any arbitrator. The arbitrator shall have not power to arbitrate any Claims on a class action basis or Claims brought in a purported representative capacity on behalf of the general public, other Users, or other persons similarly situated.
If any portion of this Arbitration section is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this provision. However, if the section precluding class actions is deemed invalid or unenforceable in whole or in part, then this entire Arbitration section shall be deemed invalid and unenforceable. The terms of this Arbitration section will prevail if there is any conflict between the Rules and this provision.
THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS RESOLUTION OF DISPUTES PROVISION, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT. THEY ACKNOWLEDGE THAT ARBITRATION WILL LIMIT THEIR LEGAL RIGHTS, INCLUDING THE RIGHTS TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED UNDER THE FEDERAL ARBITRATION ACT).
You may reject this Arbitration section, in which case neither you nor we will have the right to elect arbitration. Rejection of this provision will not effect the remaining parts of this Agreement. To reject this Arbitration section, you must send us written notice of your rejection within 30 days after the date that you first became a GiftedPath User. You must include your name, address, and email address.
The parties acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. This Arbitration section shall survive the termination of this Agreement.
Release of GiftedPath
If you have a dispute with one or more Users, you release GiftedPath, its officers, directors, agents, joint ventures and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
If any provision of this Agreement or any Guidelines is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
This Agreement sets forth the entire understanding between you and GiftedPath with respect to the GiftedPath Services.
If you have any questions or concerns about this Agreement, the GiftedPath website, or any Service, please send us a thorough description by email to email@example.com.