Site Ownership; Agreement to Terms & Conditions
This web site (“Site”) is operated by National Gift Card Corp. ("NGC"). Throughout the site, the terms "we," "us" and "our" refer to NGC. NGC offers this Site, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here (the “Terms”). Your use of this Site constitutes your agreement to these Terms.
NGC reserves the right to modify these Terms at any time. It is your responsibility to check periodically for changes. Continued use of the Site following posting of changes means you agree to the changes. NGC may make changes to any products or services offered at any time, with or without notice.
All text, graphics, interfaces, pictures, trademarks, logos, sounds, music, art, videos, and code ("Content"), including but not limited to the design, selection, "look and feel", compilation, and arrangement of such Content, is protected by copyright, trademark, and various other intellectual property laws. All rights reserved. Except as expressly provided, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial purpose, without NGC's prior written consent.
The Site contains or may contain information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, pending patents, trade dress or other intellectual or proprietary rights owned by an affiliated company, or other third parties (the "Third Party Content"). You acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed. You agree not to display or use Third Party Content in any manner without the owner's written permission.
Other Terms and Conditions
Additional terms and conditions of sale apply to purchases of goods or services at our NGCdirect web site. If you make purchases, you must agree to abide by such other terms and conditions as applicable. If there is a conflict between these Terms and the terms of sale for any goods or services offered through the NGCdirect, the latter terms shall control with respect to your purchase or use of those goods or services.
Accounts & Passwords
Certain services offered on or through the Site may require you to open an account (including setting up an NGC username and password). You are responsible for maintaining the confidentiality of your account information, including your password, and for any activity that occurs under your account. You may not use anyone else's NGC username, password, or account at any time without express consent. NGC is not liable for any loss or damage arising from your failure to comply with these obligations.
Links; Blogs and Other Third Party Content
This Site may contain links to other independent third-party web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience. Such Linked Sites are not under NGC's control, and NGC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on Linked Sites.
At times, Site visitors may post reviews, suggestions, questions, comments, photos, and other content to the Site, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to content origin when posting to the Site. NGC reserves the right (but not the obligation) to remove or edit such content. If you do post content or submit material, you grant NGC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant NGC the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify NGC for all claims resulting from content you supply. NGC takes no responsibility and assumes no liability whatsoever for any content posted by you or any third party.
NGC DOES NOT WARRANT THIS SITE OR ANY CONTENT, VIDEOS, OR SERVICE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT AND VIDEOS ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. NGC DOES NOT GUARANTEE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE FROM VIRUSES OR OTHER DESTRUCTIVE FEATURES. NGC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NGC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY NGC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, THIRD PARTY CONTENT POSTED ON THE SITE, SITE CONTENT, VIDEOS, AND RELIANCE ON LINKED SITES.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL NGC BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF NGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY AGAINST NGC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
You agree to defend, indemnify and hold NGC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including reasonable attorneys' fees) arising out of, or in connection with, your use of the Site (including NGCdirect) or improper use of Site Content or Site Third Party Content or other intellectual property of NGC or NGC Card vendors, and any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
Void Where Prohibited
Any offer for any feature, product or service on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so at your own risk and you are solely responsible for complying with applicable local laws. NGC reserves the right to limit, in its sole discretion, the provision and quantity of any Site feature, product or service to any person or geographic location.
Choice of Law
These Terms shall be governed and construed in accordance with the laws of the state of Illinois as if made and performed entirely within the state of Illinois, without reference to its conflicts of law provisions, and specifically excludes the United Nations Convention for the International Sale of Goods. All disputes arising out of or related to these Terms will be subject to the exclusive jurisdiction and venue of the Illinois state courts of Kane County, Illinois or if in federal court, the United States District Court for the Northern District of Illinois, and the parties consent to the personal and exclusive jurisdiction of these courts.
For quick answers to your questions, contact our Customer Support Center. Or, you can write to us at:
National Gift Card Corp.
Attn: Customer Service
600 Church Road
Elgin, IL 60123