WEBSITE TERMS OF USE

Effective: November 21, 2019

Site Ownership; Agreement to Terms of Use
National Gift Card Corp. and its affiliated entities (collectively “NGC”) operates its business through several websites, including programs referred to NGCdirect and NGCrewards (collectively the "Site"). The Site is operated in the United States. Throughout the site, the terms "we," "us" and "our" refer to NGC and its affiliates. 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.

Modifications
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.

Content
The Site and its past, present and future versions; all pages found within the Site; the material and information on the Site; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitation the design, structure, “look and feel” and arrangement of such content contained on the Site (hereinafter, the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not, (“Intellectual Property”) are owned, controlled or licensed by or to NGC, and are protected by Intellectual Property laws , including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the Site or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on the Site. All rights not expressly granted are reserved.

The Site and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without NGC’s express prior written authorization. You are granted permission to display on your computer, print and download the Content on the Site solely for your own personal, non-commercial and educational use. You must retain copyright and other notices on any copies of the Content you make. Certain Content and documents available on the Site are open source Content and documents subject to the applicable open source license and are so marked. Your use of those materials is governed by the individual applicable license. Unauthorized use of the Site or the Content contained on or available through the Site or any linked websites may violate applicable Intellectual Property laws or other laws.

Other Terms of Use
NGC's Privacy Policy also governs and applies to the Site and your use of the Site, and NGC’s Privacy Policy is hereby incorporated herein by this reference.

Additional terms of use of sale apply to purchases of goods or services at our NGCdirect web site. Use of this particular section of the Site is subject to the specific Terms of Use provided therein, as well as these Terms. 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 thereon.

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.

Disclaimers

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 AND 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

NGC not be liable for any indirect, consequential, exemplary, special, incidental, or punitive damages, including, but not limited to, 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.

Indemnity
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 or improper use of Site Content or Site Third Party Content or other Intellectual Property of NGC or NGC card partners, 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.

Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Illinois in the United State of America.

The terms of payment are governed and construed in accordance with the laws of England and Wales.

Contact Information
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
300 Millennium Drive
Crystal Lake, IL 60012
Email:customerservice@ngc-group.com