Perfect Gift Club Terms of Service
THESE TERMS OF SERVICE, TRY AND PURCHASE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH PERFECT GIFT CLUB INC. ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED BELOW TO RESOLVE ANY DISPUTES WITH PERFECT GIFT CLUB INC.. PLEASE READ IT CAREFULLY.
Introduction
These Terms of Service (“Terms” or “Terms and Conditions”) are a legal agreement between you (“you”,“your” or “Member”) and Perfect Gift Club Inc., a California corporation, with its principal place of business at 4270 Wilbur Ct., Hemet, CA 92544. (“Perfect Gift Club Inc.”, “We”, “we”, “us” or “our”), establishing terms and conditions under which you will submit information to, and try or purchase jewelry (each a “Product” and collectively, “Products” or “Items”) and receive related services (“Services”) from, Perfect Gift Club Inc. via our website at https://www.PerfectGiftClub.com (the “Website”).
PLEASE ENSURE THAT YOU CAREFULLY READ THE TERMS AND CONDITIONS OF THIS
AGREEMENT AND OUR PRIVACY POLICY AT https://www.PerfectGiftClub.com/privacypolicy (THE “PRIVACY POLICY”). BY ACCESSING OR USING THE WEBSITE, INCLUDING TRYING OR PURCHASING PRODUCTS OFFERED ON OUR WEBSITE, SIGNING UP FOR THE MEMBERSHIP AND CLICKING THE “SUBMIT” BUTTON TO SIGNIFY ACCEPTANCE OF THESE TERMS, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND SUBJECT TO OUR PRIVACY POLICY, AS SUCH TERMS MAY CHANGE FROM TIME TO TIME. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY, PLEASE DO NOT TRY OR PURCHASE ANY PRODUCTS AND DO NOT USE THIS WEBSITE. YOU FURTHER AGREE THAT THESE TERMS WILL GOVERN YOUR RELATIONSHIP WITH PERFECT GIFT CLUB INC., WHETHER YOU ACCESS OUR PRODUCTS OR SERVICES THROUGH THE WEBSITE OR THROUGH A MOBILE DEVICE OR APPLICATION OR THROUGH A THIRD PARTY SITE SUCH AS FACEBOOK.
YOU AGREE TO RECEIVE ALL COMMUNICATIONS FROM PERFECT GIFT CLUB INC. UNDER THIS AGREEMENT ELECTRONICALLY VIA EMAIL OR TEXT SERVICE (AS FURTHER DEFINED BELOW). YOU AGREE TO KEEP YOUR CURRENT EMAIL ADDRESS UPDATED AT ALL TIMES AND AGREE THAT YOU WILL BE DEEMED TO HAVE RECEIVED ANY NOTICES WE SEND TO THAT EMAIL ADDRESS.
WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE TRYING AND PURCHASE OF ANY PRODUCTS FOURTEEN
(14) DAYS AFTER THE DATE OF SUCH CHANGE. WE MAY PROVIDE NOTICE OF ANY SUCH CHANGES BY EMAIL, NOTICE TO YOU UPON LOG-IN, OR BY PUBLISHING THEM ON THE WEBSITE. IF YOU DO NOT AGREE TO ANY CHANGES IN THE TERMS AS THEY MAY OCCUR, PLEASE ARRANGE TO TERMINATE YOUR MEMBERSHIP BY NOTIFYING PERFECT GIFT CLUB INC. OF YOUR UNWILLINGNESS TO ACCEPT THE CHANGES TO THE TERMS BY EMAILING INFO@PERFECTGIFTCLUB.COM OR CALLING US AT 1-800-360-7363 AND BY IMMEDIATELYRETURNING ALL OUTSTANDING PRODUCTS AND DISCONTINUING YOUR USE OF THE SERVICES AND THE WEBSITE.
LIMITED LICENSE/ACCESS LIMITS
Unless otherwise stated, Perfect Gift Club Inc. and/or its licensors own the intellectual property rights in and to the Website and material on the Website. Unless otherwise specified, the content on this Website is for your personal and non-commercial use and Perfect Gift Club Inc. grants you a limited license to access the Website solely for that purpose. All other intellectual property rights are reserved. You must not use this Website to transmit or send unsolicited commercial communications or for any purposes related to marketing without our express written consent. You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without the express written consent of Perfect Gift Club Inc..
PROHIBITED USES
Without our express written consent, Perfect Gift Club Inc. specifically prohibits any use of the Services, and all users agree not to use the Services, for any of the following:
- Republishing material from this Website (including republication on another website);
- Selling, renting or sub-licensing material from the Website;
- Showing any material from the Website in public;
- Reproducing, duplicating, copying, communicating, transmitting, posting, or otherwise exploiting material on this Website for a commercial purpose;
- Editing or otherwise modifying any material on the Website;
- Redistributing material from this Website except for content specifically and expressly made available for redistribution;
- Creating multiple accounts for the same user;
- Accessing data not intended for you or logging on to an Account, which you are not authorized to access;
- Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity; or
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violating any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol.
USER CONTENT
While using the Services, you may submit material (including without limitation text, images, audio material, video material and audio-visual material) to this Website for a multitude of purposes (your “User Content”).
You grant to Perfect Gift Club Inc. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your User Content in any existing or future media. You also grant to Perfect Gift Club Inc. the right to sub-license these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Perfect Gift Club Inc. or a third party (in each case under any applicable law). You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Perfect Gift Club Inc. reserves the right to edit or remove any material submitted to this Website, or stored on our servers, or hosted or published upon this Website.
COMMUNICATIONS
You consent to receive communications from us, including email and calls. We may contact you by telephone at any of the telephone numbers provided by you. In addition to e-mail communications and telephone, if you elect in your settings to receive membership, shipping, and delivery updates via text message, you consent to receive information from us via SMS and/or MMS messages sent through an automated telephone dialing system (“Text Service”), even if you have opted in to the National Do Not Call List, any state Do not Call List, or the internal Do Not Call List of any company. You may be required to respond to an initial message as instructed to complete your registration and confirm enrollment in the Text Service. You do not have to participate in the Text Service in order to use the Services. In the event you no longer want to participate in the Text Service, you agree to edit your settings accordingly. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.
There is no additional charge for the Text Service, but your mobile carrier’s standard message and data rates apply to any messages you send or receive through the Text Service, including confirmations and subsequent texts. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
DISCLAIMERS OF WARRANTIES; LIMITATIONS ON LIABILITY
The Services (including the Products), and the Website and its contents, are provided “as is”; Perfect Gift Club Inc. makes no representations or warranties of any kind with respect to the Services, Products, the Website, or any contents therein. Perfect Gift Club Inc. assumes no liability or responsibility for any errors or omissions in providing the Services or in the content of the Website, any failures, delays, or interruptions in the shipment of Products, delivery of any content contained on the Website, any losses or damages arising from the use of the content provided on the Website, goods or services provided by Perfect Gift Club Inc., or any conduct by users of the Website. PERFECT GIFT CLUB INC. EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES, THE PRODUCTS, AND THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. In addition, Perfect Gift Club Inc. does not
represent or warrant that the information on or accessible via the Website or through the Services is complete or current.
LIMITATION OF LIABILITY
PERFECT GIFT CLUB INC. AND ITS AFFILIATES, DESIGNERS, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) AND LOSS OF USE AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF PERFECT GIFT CLUB INC. AND ITS AFFILIATES, DESIGNERS, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, THE WEBSITE OR THESE TERMS OF SERVICES WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TO PERFECT GIFT CLUB INC. BY YOU UNDER THESE TERMS (INCLUDING YOUR MEMBERSHIP FEES). EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS
AGREEMENT. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
INDEMNITY
You agree to indemnify and hold Perfect Gift Club Inc., its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of these Terms and/or arising from a breach of these Terms.
INTELLECTUAL PROPERTY
“Perfect Gift Club Inc.” is a trademark of Perfect Gift Club Inc.. All Perfect Gift Club Inc. graphics, logos, page headers, button icons, scripts, proprietary product names, and service names are trademarks or trade dress of Perfect Gift Club Inc.. Any trademarks not owned by Perfect Gift Club Inc. that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Perfect Gift Club Inc.. All content and compilation thereof on the Website, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of Perfect Gift Club Inc., its licensors, or its Product suppliers, and is protected by United States and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.
LINKS AND ADVERTISING
We may provide, or third parties may provide, links to other websites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. PERFECT GIFT CLUB INC. IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE OUR WEBSITE.
Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Website.
LEGAL DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND PERFECT GIFT CLUB INC. HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Perfect Gift Club Inc. agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Website, or any Products or Services (“Disputes”), will be resolved in accordance with the provisions set forth in this Legal Disputes Section (the “Agreement to Arbitrate”).
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of California, without regard to principles of conflict of laws, will govern the Terms and any claim or dispute that has arisen or may arise between you and Perfect Gift Club Inc., except as otherwise stated in the Terms.
You and Perfect Gift Club Inc. each agree that any and all Disputes shall be resolved exclusively through final and binding arbitration, rather than in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate to the exclusion of state law inconsistent therewith.
YOU AND PERFECT GIFT CLUB INC. AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING OR PRIVATE ATTORNEY GENERAL ACTION. UNLESS BOTH YOU AND PERFECT GIFT CLUB INC. AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should interpret these Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, equitable actions with respect to intellectual property as described above, or the interpretation of prohibition of class and representative actions, private attorney general actions, and non-individualized relief shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at
1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). The Notice to Perfect Gift Club Inc. should be sent to Perfect Gift Club Inc. at the address first set forth above. Perfect Gift Club Inc. will send any Notice to you to the physical address we have on file associated with your Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and Perfect Gift Club Inc. are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Perfect Gift Club Inc. may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. Any settlement offer made by you or Perfect Gift Club Inc. shall not be disclosed to the arbitrator. The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, the arbitration will be conducted solely on the basis of documents you and Perfect Gift Club Inc. submit to the arbitrator, unless you elect to have an in-person hearing or the arbitrator determines an in-person hearing is necessary. In cases where an in-person hearing is held, you and/or Perfect Gift Club Inc. may attend by telephone, unless the arbitrator or AAA rules require otherwise. If the value of the relief sought exceeds $10,000, the right to an in-person hearing will be governed by the AAA rules.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Perfect Gift Club Inc. user to the extent required by applicable law. The arbitrator’s award damages must be consistent with the terms of the “Disclaimer of Warranties; Limitations on Liability” section above as to the types and amounts of damages for which a party may be liable. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If you prevail in arbitration, the arbitrator may award you reimbursement of your attorneys’ fees and expenses if you seek such relief. Perfect Gift Club Inc. will not seek, and hereby waives all rights it may have under applicable law to recover attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If you decide to commence arbitration, and if the value of the relief sought is $10,000 or less, at your request, Perfect Gift Club Inc. will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Perfect Gift Club Inc. should be submitted by mail to the AAA along with your Demand for Arbitration and Perfect Gift Club Inc. will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper purpose, you agree to reimburse Perfect Gift Club Inc. for all fees associated with the arbitration paid by Perfect Gift Club Inc. on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
With the exception of any of the provisions with respect to the prohibition of class and representative and private attorney general actions, and non-individualized relief, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions with respect to the prohibition of class and representative and private attorney general actions, and non-individualized relief is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of these Terms and its Legal Disputes Section will continue to apply.
Notwithstanding any provision herein to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Perfect Gift Club Inc. prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between You and Perfect Gift Club Inc.. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on the Website or by providing notice by email. If you do not agree to these amended terms, you may close your Account within the 30-day period after such notice and you will not be bound by the amended terms.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Perfect Gift Club Inc. must be resolved exclusively by a state or federal court located in Riverside, California. You and Perfect Gift Club Inc. agree to submit to the personal jurisdiction of the courts located within Riverside, California for the purpose of litigating all such claims or disputes.
CLAIMS OF COPYRIGHT INFRINGEMENT
It is our policy to respect the intellectual property rights of others. We do not promote, foster or condone any infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Website, or know of someone who is making unauthorized use of the content of the Website, please provide us with notice of copyright infringement under the Digital Millennium Copyright Act by submitting a written notice of your concern to: Copyright Agent, c/o Perfect Gift Club Inc., 4270 Wilbur Ct., Hemet, CA 92544; email address: hello@PerfectGiftClub.com.
GENERAL
You may not assign the Terms or any of your rights or obligations under the Terms without Perfect Gift Club Inc.’s express written consent. The Terms inure to the benefit of Perfect Gift Club Inc.’s successors, assigns and licensees. These Terms and the Privacy Policy constitute the entire agreement between you and Perfect Gift Club Inc. and govern your use of the Services, and they supersede any prior agreements between you and Perfect Gift Club Inc.. You also may be subject to additional terms and conditions that are applicable to certain parts of the Services. You agree that no joint venture, partnership, employment, or agency relationship exists between Perfect Gift Club Inc. and you as a result of this Agreement or your use of the Services. The failure of Perfect Gift Club Inc. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
Text message policy
Perfect Gift Club Inc. Text Messages (also referred to as “SMS”) relay time sensitive information to you about your Perfect Gift Club Inc. shipment(s) and membership. Member opt-in is required to receive SMS. Please also refer to our Privacy Policy and Terms of Service.
By opting-in for the Text Message (SMS) service, you consent to receiving messages as described above.
Perfect Gift Club Inc. Text Messages are opt-in. Members can opt-out by replying “STOP” at anytime.
Please be aware, certain text messages may be delayed or not received. Perfect Gift Club Inc. does not charge a fee for text messaging service. Standard messaging and data rates may apply, and we are not responsible for any charges from a person’s service provider that may result from us providing this service.