Terms of Service:
The effective date of this Agreement is January 11, 2010.
By accessing or using any features of the site, including the purchase of
products and services on the site located at www.giftder.com (Giftder Site) and
operated and managed by Rhodes, Justice, and Co., you agree to be bound by these
terms of service (collectively, “Terms of Service”). All visitors to and users of any
aspects of the Giftder Site (collectively, “Users) are bound by these Terms of
Service. We reserve the right to
modify the Terms of Service at any time prior to notice to you. Therefore, we recommend that you read
these terms of service carefully each time you use this Website.
Please note that the guidelines, policies
and other terms and conditions of service and use of other Web sites affiliated
with Giftder may vary from these Terms of Service. As a User of the Giftder Site you
may, from time to time, post content and share it with other users, read content
generated by other visitors to the Giftder Site and other affiliated sites, and
view third party postings and reviews regarding products and services. If you wish to post content to, or
participate in the Giftder Site other than simply reading product information
and content and reviews posted by others, you must register using the
registration form available by clicking the “new user” link near the top of the
homepage on www.giftder.com. These Terms of Service set out the
legally binding terms with respect to your use of the Giftder Site. Please read these Terms of Service
carefully. Your access to and use of
the Giftder Site constitutes your acceptance of all the provisions of these
Terms of Service. If you are
unwilling to be bound by these Terms of Service, you should not access or use
the Giftder Site.
Eligibility
The Giftder Site is not targeted towards, nor intended for use by, anyone
under the age of 18. By using the
Giftder Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of
age, do not access, use or register on the Giftder Site. In the event we become aware you are
under 18, we will terminate your registration.
Children
From time to time some of the Content appearing on this Website or other
Gifter-affiliated websites may be directed at children. Giftder urges all parents and
guardians to monitor and supervise their children’s use of this Website and the
Internet in general. Giftder
safeguards and use of personal information that may be submitted by children
through this Website is governed by the Giftder Children’s Online Privacy
Policy. Please see Children’s
Privacy Policy.
Changes to the Giftder Site
You agree and understand that the Giftder
Site, including any and all features available via the Giftder Site and any User
Content (as defined below), may be modified by us, in our sole discretion, at
any time without prior notice.
Unless expressly stated otherwise, any new features, new services, enhancements
or modifications to the Giftder Site implemented after your initial access to
the Giftder Site shall be subject to these Terms of Service. We do not actively monitor, and
undertake no obligation to monitor or modify, any reviews, information, content,
data, text, links to third party websites, User profile information, sounds,
photographs, graphics, video, messages, or other materials made available via
the Giftder Site by any user (all such items provided by Users, collectively,
“User Content”). Nonetheless, User
Content posted in violation of these Terms of Service, terminating the
registration of such violators or blocking such violators’ use of the Giftder
Site.
Order Acceptance Policy
Your
receipt of an electronic or other form of order confirmation does not signify
our acceptance and “lock” of your order, nor does it constitute confirmation of
our offer to sell. We reserve the right at any time after receipt of your order
to accept or decline your order for any reason. We reserve the right at any time
after receipt of your order, without prior notice to you, to supply less than
the quantity you ordered of any item. We may require additional verifications or
information before accepting any order. Your order is not accepted until we send
you shipping information for the order (or the accepted portion thereof).
Notwithstanding the foregoing, you agree that, if we cancel all or a portion of
your order or if we provide you less than the quantity you ordered, your sole
and exclusive remedy is either (a) we will issue a credit to your credit card
account in the amount charged for the cancelled portion or the quantity not
provided (if your credit card has already been charged for the order) or (b) we
will not charge your credit card for the cancelled portion of the order or the
quantity not provided.
Giftder.com or its affiliated Companies are not
responsible for:
Registration
In order to access some features of the Giftder Site, you may be required to
register and to select a password and user name, which shall consist of an email
address you provide and screen name (“User ID”).
If you register, you agree to provide us with accurate and complete
registration information, and to inform us immediately of any updates or other
changes to such information. For
example, you may not (i) enter, select or use a false name or an email address
owned or controlled by another person with the intent to impersonate that
person, or (ii) use as a User ID a name subject to any rights of a person other
than yourself without appropriate authorization.
Failure to comply with the terms of this paragraph shall constitute a
material breach of these Terms of Service, which may result in immediate
termination of your account. In
addition, we reserve the right to refuse registration of, or cancel a User ID in
our own discretion.
Security
You shall be responsible for maintaining the confidentiality of your password,
and you are fully responsible for all activities that occur under your User ID
and password, whether or not you authorize such activities. Any User ID and password for your
access to the Giftder Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify
us of any unauthorized use of your User ID or password of which you become
aware, and (b) ensure that you exit from your account at the end of each
session.
Use of the Site/Services
You may use the Giftder Site solely for your personal, non-commercial use. For example, you may use the Giftder
Site to solicit opinions, ideas and other input from, and share ideas and
opinions with, other Users, and to search the Giftder Site for User Content and
business or product information. You
may also invite people you know to join the Giftder Site. You acknowledge and agree that we do
not control the User Content posted to the Giftder Site, or any links to other
websites, including the content of any messages, and that we do not guarantee
the accuracy, integrity or quality of any User Content. You further understand and agree that
(i) we do not necessarily endorse, support, sanction, encourage, verify, or
agree with the comments, opinions, or statement or other User Content posted on
or otherwise displayed on or transmitted via the Giftder Site, or (ii) we do not
make any promises, guarantees or warranties with respect to any of the User
Content or products, services, information, content or materials featured or
mentioned on the Giftder Site. All
User Content, including advice and opinions posted by Users, comprises the views
and responsibility of those who post such User Content, and does not necessarily
represent our views. You understand
that, by using the Giftder Site, you may be exposed to User content that is
offensive, indecent or objectionable.
IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE
OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED
USE OR RELIANCE ON ANY USE CONTENT, ANY ERROR OR OMISSION IN ANY USE CONTENT,
ANY CLAIM THAT ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMTORY,
LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.
YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR
ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.
Restrictions of Rights to Use
Without limiting the generality of any other provisions of these Terms of
Service, you agree you shall not (and you agree not to allow any other
individual or entity to):
Ø download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Giftder Site, expect and to the extent expressly permitted under these Terms of Service;
Ø remove any copyright, trademark or other proprietary rights notice contained in or on the Giftder Site;
Ø use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Giftder Site;
Ø collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
Ø reformat or frame any portion of any Web pages that are part of the Giftder Site;
Ø create user accounts by automated means or under false or fraudulent pretenses;
Ø create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of the Giftder Site;
Ø submit to the Giftder Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Giftder Site, any other Web site, or any computer or other device or system, or the equipment of the Giftder Site by any User;
Ø use the Giftder Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
Ø submit to the Giftder Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Giftder Site to transfer or store illegal material, including any material threatening or obscene;
Ø copy or store any User Content offered on the Giftder Site other than for your personal, non-commercial use;
Ø take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Giftder Site or the IT infrastructure used to operate and make the Giftder Site available;
Ø use the Giftder Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, or federal or international law; or
Ø collect or store personal data about other Users in connection with the prohibited activities in this paragraph.
User Content Posted By You on the Giftder
Site
Without limiting the generality of any other provisions of these Terms of
Service, you agree:
Ø You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party’s prior written consent.
Ø You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including User Content that, in our sole discretion, (i) violates these Terms of Service, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
Ø You are solely responsible for any User Content you post, publish or display on the Giftder Site or transmit to Users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other User, or any other entity or individual, in connection with the Giftder Site. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual.
Ø You will post only User Content you believe in good faith to be true and accurate, and you will not post to the Giftder Site any User Content that is false, inaccurate, misleading or fraudulent.
Ø By uploading User Content to the Giftder Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant, (i) Giftder, and our respective contractors and business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms of Service, all User and irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User’s personal, non-commerical use. You hereby irrevocably waive and assign to us any and all so-called moral rights or “droit moral” you may have in or with respect to any User Content you post on the Giftder Site.
Ø The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the Giftder Site. You may not post any content that:
Ø Is patently offensive to users of the Giftder Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Ø Harasses or advocates harassment of another person;
Ø Promotes illegal activities or conduct that is abusive;
Ø Is threatening, obscene, or defamatory or libelous;
Ø Is pornographic or sexually explicit in nature; or
Ø Seeks, or recommends providers of materials that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under the age of 18.
Copyrights
If you believe any User Content or any other aspect of the Giftder Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C., para 512) by providing the following information:
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Giftder Site;
Your address, telephone number and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent for notice of claims of copyright infringement on the Gifter Site may be reached at the following address:
Copyright Agent
Rhodes Justice and Co.
16754 Hunters Ridge Ln Unit A
St. Robert, MO 65584
Or by email: webmaster@customerservice.Gifter.com
Counter-Notice
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
Ø Your physical or electronic signature;
Ø Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
Ø A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Ø Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Chicago, IL, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, RJ&Co. may send a copy of the counter-notice to the original complaining party information that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at RJ&Co.’s sole discretion.
Privacy
Use of the Giftder Site is also governed by our Privacy Policy which we encourage you to review.
Children’s Privacy
From time to time some of the Content appearing on the Giftder Site or other Giftder affiliated website may be directed at children. Giftder urges all parents and/or guardians to monitor and supervise their children’s use of the Giftder Site and the internet in general. Giftder’s use of the personal information that may be submitted by children through the Giftder Site is governed by the Giftder Children’s Online Privacy Policy.
Ownership
As between you and us, the Giftder Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Giftder Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Nothing contained in these Terms of Service shall be deemed granted to you or any other User any rights, title or interest in or to any copyright trademark or other proprietary property of Giftder or our respective licensors. Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Giftder Site are the proprietary property of Giftder or our respective licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Giftder Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, name or logos appearing on the Giftder Site without the express written permission of the trademark owner. Nothing in these Terms of Service shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary rights of ours.
Disclaimer
YOU EXPRESSLY AGREE THAT YOUR USE OF THE GIFTDER SITE, AND ANY USE CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE GIFTDER SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE GIFTDER SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE GIFTDER SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE GIFTDER SITE, INCLUDING BUT NOT LIMTED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRIGEMENT, AND IMPLIED BY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE GIFTDER SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMMISIONS THEREIN OR OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE GIFTDER SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE GIFTDER SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE GIFTDER SITE SHAL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Giftder reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your State is restricted or prohibited. In the event of a pricing error on the Giftder Site, Giftder reserves the right to limit quantities. In this case, only (1) of this limited quantity items may be placed in your shopping reservation. Giftder further reserves the right to cancel multiple orders of the limited quantity item purchased by the same User and/or shipped to the same delivery address. Giftder may display advertising prints for products sold through a Giftder Site. Giftder attempts to display the colors of the products shown on the Giftder Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.
Limitation on Liability
IN NO EVENT SHALL GIFTDER OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMTED TO, ANY DIRECT, INDIRECT, SPECIAL PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE GIFTDER SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION. WHETHER IN CONTRACT, TORT, OR OTHERWISE IN ANY EVENT, GIFTDER’S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE GIFTDER SITE OR ANY PARTY THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE GIFTDER SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMTED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
Indemnity
You agree to indemnify and hold Giftder and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to , arising out of or related to (i) your access to the Giftder Site, (ii) your use of the Giftder Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Service, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
Third Party Advertisements and Links to Third Party Sites
We may display on the Giftder Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, any products, services, or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsements by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABEL, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE GIFTDER SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Changes to Terms of Service
We reserve the right to make changes at any time to these terms of Service. Any modifications to the Terms of Service will be effective upon posting. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Giftder Site after any modifications indicates your acceptance of the modified Terms of Service.
Disputes
Any dispute relative to the Giftder Site or use or inability to use the Giftder Site will be governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute relating in any way to your visit to or participation on the Giftder Site shall be submitted to confidential arbitration in Dover, Delaware, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Delaware, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Service shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment n any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise.
Applicable law
By visiting Giftder Site, you agree that the laws of the State of Delaware, without regard to principles of conflict laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Giftder Site.
Miscellaneous
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and you do not have any authority of any kind to bind Giftder in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail, or postings on the Giftder Site. These Terms of Service, which shall be deemed accepted by you upon your use of the Giftder Site, constitute the entire agreement among you and Giftder regarding use of the Giftder Site. Giftder’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms of Service are for convenience only and have no legal contractual effect. These Terms of Service include and incorporate the Privacy Policy for the Giftder Site and any notices regarding the Giftder Site.
Contact and Violations
Please contact us with any questions regarding these Terms of Service. Please report any violations to the Terms of Service to webmaster@customerservice.Gifter.com. .
Safety Disclaimer
IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANY FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATION TO ANY ITEM PURCHASED THROUGH GIFTDER SITE. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISK ASSOCIATED WITH THE USE OF ANY ITEM PURCHASED THROUGH Gifter SITE.