TERMS OF USE This website, software or application is operated by GYFTT, LLC (“GYFTT,” “we,” or “us”). By accessing or using any part of our website or mobile application (“App”), software or service, or visiting and/or purchasing a product or service through our website or App, you represent that you have read, understood, accept and agree to be bound by these terms, conditions and policies set forth herein (“Terms of Use”). This is an agreement between GYFTT, LLC and you. Your use of the website or App (hereinafter “Use”) is governed by these Terms of Use, please review them carefully. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. GYFTT reserves the right to update, change or modify these Terms at any time in its sole discretion without prior notice to you by posting updates and/or changes to our website, software or App. It is your responsibility to check for changes. Your continued use of or access to the website/mobile application following the posting of any changes constitutes acceptance of these changes. These Terms of Use apply to all users of the site or App, including without limitation users who are borrowers, vendors, customers, merchants and/or contributors of content. A breach or violation of any of these Terms will result in termination of your Use. By agreeing to these Terms of Use, you represent that you are at least the age of eighteen (18) [or age of majority in state/province/territory] and you consent to allow any of your minor dependents to use this site. We reserve the right to refuse use to anyone for any reason at any time. 1. ACCURACY OF INFORMATION We are not responsible for the accuracy or completeness of information on this site or App or for information provided by third parties. This site or App contains links to third-party sites and information posted by third parties. 2. MODIFICATION GYFTT reserves the right at any time to modify or discontinue the Use of its website, software or App without notice. Prices and product availability are subject to change without notice. We shall not be liable to your or to any third-party for any modification, price change, suspension or discontinuance of the Use. 3. PRODUCTS OR SERVICES (if appliable) Products and services are subject to availability and we reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited. In the event an item ordered is out of stock or no longer available at the time of fulfillment, GYFTT will issue a credit to the intended gift recipient in the amount of the gift purchased. Note, the credit will not be given to the initial purchaser because they will receive a gift. We reserve the right to limit sales of products or services to any person, geographic region or jurisdiction. We reserve the right to limit quantities of any product or services offered, or to refuse any order placed with us. We may in our sole discretion limit or cancel quantities purchased per person, per household or per order. If we make a change to or cancel an order, we may attempt to notify you by contacting you through the email address, phone number or billing information provided. 4. ACCURACY OF BILLING AND ACCOUNT/REGISTRATION INFORMATION In order to use the services offered by the GYFTT website or App, you will be required to register for an account with GYFTT by providing your name and email address. By creating an account you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with GYFTT, LLC; (b) you may only register one account and you agree to provide current, complete and accurate billing and account information for all purchases made at or on our site or App; and (c) you agree to update your account and other information, including your email address, credit card numbers and expiration dates, in order to complete your transactions and contact you as needed. Further you agree to maintain the security of your account and accept all risks of unauthorized access to your account, and to promptly notify GYFTT if you discover or otherwise suspect that your account has been subject to hacking or other unauthorized use. By providing GYFTT with your email address, you consent to our using the email address to send you service/Use-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the website, software or App, and special offers. If you do not want to receive such email messages, you may opt-out or change your preferences on the personal settings page associated with your account. Opting out may prevent you from receiving email messages regarding updates, improvements or offers. When you sign up or use our products or services, you may give us permission to access your information in other services. GYFTT reserves the right in its sole discretion to reject or cancel your account, and to terminate your access to the website, software or App or any portion thereof at any time, without notice. You may terminate your use by entering the procedure information required, email to cancel the account, unsubscribe or other appropriate action. 5. THIRD PARTY INFORMATION AND PRODUCTS This site or App contains information, products, services, and/or links to third-party sites and content posted by third parties. We are not responsible for the information, content, products or services offered by third parties. GYFTT does not endorse or control, and makes no representations or warranties of any kind, and will not have any liability or responsibility for any third-party materials, content information or website, products or services of third parties. We are not liable for any harm or damages related to the purchase or use of products or services, resources, content, tools, or any other transactions made with any third-party websites. Complaints, claims, concerns or questions regarding third party products should be directed to the third-party. 6. INTELLECTUAL PROPERTY All trademarks, logos, designs, and content including, but not limited to, graphics, pictures, information, data, software, selection and arrangement thereof, and other materials and content made available and provided by or on behalf of GYFTT, LLC are the intellectual property of GYFTT or its licensors or users and are protected by U.S. and international intellectual property laws and may not be used or exploited in any way without the prior written consent of GYFTT or the respective owner. Users may not reproduce, copy, modify or alter the trademarks and intellectual property of GYFTT or the respective owner without the express prior written authorization of GYFTT or the respective owner. No right, title or interest in or to the website, software or App or any content is transferred to you and all rights not expressly granted are reserved. Any use of the website or App that is not expressly permitted by these Terms of Use may be a breach of these Terms of Use and may violate copyright, trademark and other laws. 7. LIMITED LICENSE GYFTT hereby grants a limited license which is non-exclusive, non-assignable and non-sublicensable, to access and use the GYFTT website or App solely for the purpose of personal, non-commercial use for purchasing, sending, receiving, or managing gifts, for personal or anonymous gift giving, subject to these Terms of Use. 8. USER CONTENT AND PROHIBITED USES GYFTT may use, but is not obligated to use, any user content made available to GYFTT and GYFTT may, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any content provided. You are solely responsible for all content you post, upload, transmit, distribute, store, create or otherwise publish through Use. You agree that your content will not infringe or violate any right of any third party, including, but not limited to, intellectual property, privacy or publicity rights. You further agree that your content will not contain libelous or otherwise unlawful, misleading or fraudulent, abusive or obscene material or contain any virus or other malware that could in any way interfere with or affect the operation of the Use or any related website or App. We take no responsibility and assume no liability for any content posted by you or any third-party. We may, but have no obligation to monitor, edit or remove contents that we determine in our sole discretion are unlawful, offensive, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or other right, or these Terms of Use. If your account is disabled, you or anyone acting under your discretion is/are strictly prohibited from creating another account with GYFTT. 8.1 You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the website, software or App; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the website, software or App; (c) violate any applicable laws, rules, or regulations in connection with your access or use of the website, software or App; (d) remove, alter, or obscure any proprietary notice (including intellectual property) of GYFTT or its affiliates, partners, suppliers or licensors; (e) use the website, software or App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the website, software or App available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time; (g) use the website, software or App for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, products or software offered by GYFTT; (h) use the website, software or App to send automated queries to any website or to send any unsolicited commercial email; or (i) use any proprietary information or interfaces of GYFTT or other intellectual property of GYFTT in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with this website, software or App. You agree that you will not access or collect data from GYFTT using automated means or attempt to hack or access data you do not have permission to access. 9. MOBILE SERVICE The following applies to users of the GYFTT mobile application (“App”). The use of the App requires use of a mobile device and wireless mobile data service and access to internet, which must be obtained from your wireless carrier and service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including all usage charges related thereto. When you provide us with your mobile telephone number you agree that GYFTT may send you text messages to that mobile number and are responsible for the message and data rate charges from your mobile provider that apply. When you first provide your phone number, you will receive a confirmation text to complete registration. You may opt-out of receiving any future text messages from GYFTT at any time by either replying to a text message with the word “STOP” or texting the word “STOP” to short code [enter]. You agree to notify us of any changes to your mobile telephone number and agree to keep your account information up to date. We do not warrant that the App will be compatible with your network provider or device. You acknowledge and agree that we may release updates to the App and that you may be required to install any such update in order for the App to continue to function properly. You may not export any of our mobile applications except in compliance with all applicable laws. 9.1 iOS APP or ANDROID™ APP The following applies if you obtain the GYFTT App through the Apple App Store, the iTunes App Store, the Android App Store, the PlayStore™ or any other store authorized by GYFTT: You acknowledge and agree that these Terms of Use are solely between you and GYFTT, LLC, not Apple, and not Google, Inc., and that Apple nor Google has no responsibility for the App or the contents thereof. Your use of the App must comply with the App Stores, including the iTunes App Store or GooglePlay™, respective Terms of Use or other terms applicable to the use of the App. You acknowledge that Apple nor Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App. All claims by you or any third-party relating to the App or your possession and/or use of the App are governed solely by these Terms of Use and any law applicable to GYFTT as the provider of the App. You acknowledge that in the event of a claim that the App and your possession and use thereof infringes a third party’s intellectual property rights, GYFTT, not Apple, and not Google, Inc., will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You and GYFTT acknowledge and agree that Apple, or Google, and its respective subsidiaries are third-party beneficiaries of these Terms of Use as the same relate to your license of the App and that, upon acceptance of these Terms of Use, Apple or Google respectively, will have the right to enforce these Terms of Use as the same relate to your license of the App against you as a third party beneficiary thereof. Apple and the Apple logo are trademarks of Apple, Inc., registered in the U.S. and other countries. App Store is a service mark of Apple, Inc. Android™, GooglePlay™, and PlayStore™ are all trademarks of Google, Inc. 10. PERSONAL INFORMATION Your submission of personal information through the Use of the GYFTT website or App is governed by our Privacy Policy. To view our Privacy Policy, visit: [insert website or link to privacy policy]. Note, CCPA (California privacy law needs to apply for any customers in CA)/CalOPPA (CA online) [Insert] CHILDRENS ONLINE PRIVACY PROTECTION ACT (COPPA) EU-GDPR 11. NOTICE AND PROCEDURE FOR COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT All contents of the Website including but not limited to text, design, graphics, interfaces, or code are protected by Copyright: Copyright 2020 by GYFTT, LLC. All rights reserved. All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to GYFTT™, or other respective owners that have granted GYFTT license to use such marks. If you believe that any content appearing on the website or App, including content created and/or displayed by GYFTT or other material provided through a link, infringes your copyright, you should notify us in accordance with the procedure set forth below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. A notification of claimed copyright infringement should be e-mailed to [INSERT] with “DMCA Takedown Request” in the subject line. You may also contact us by mail at: GYFTT, LLC 400 North Cypress Dr., Suite 20 Tequesta, FL 33469 To be effective, the notification must be in writing and contain the following information: • an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; • 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 Website or App that is reasonably sufficient to enable us to identify and locate the material; • how we can contact you, such as your address, telephone number and e-mail 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 by law; and • a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. Please note that this procedure is exclusively for notifying GYFTT and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with the GYFTT’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. 12. DISCLAIMER We do not guarantee, represent or warrant that your Use will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Use of the GYFTT website or App for indefinite periods of time or cancel the Use at any time, without notice to you. You expressly acknowledge and agree that your Use of, or inability to use, the GYFTT website or App is at your sole risk and that the entire risk as to satisfactory quality, performance, safety, accuracy and efforts is with you. The Use of the GYFTT website or App and all products or services delivered through the Use are, to the maximum extent permitted by applicable law, provided on as “AS IS” and “AS AVAILABLE” basis, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall GYFTT, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from your Use or any products or services procured using the website of App, or for any other claim related in any way to your Use or any product or services, including, but not limited to, any errors or omissions of any content, any loss or damage of any kind incurred as a result of the Use or any content or product posted, transmitted, or otherwise made available via the Use, even if we are advised of the possibility. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 13. INDEMNIFICATION You agree to indemnify, defend and hold harmless GYFTT, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party. Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, the Privacy Policy and/or any use by you of the website, software or App. California Residents: you expressly waive CA Civil Code §1542, which states: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor or released party.” 14. BINDING ARBITRATION AND CLASS ACTION WAIVER In the event of any dispute between you and us regarding these Terms of Use, the Privacy Policy, the website, software or App, or any products or services purchased from such, you and GYFTT agree to first send written notice of dispute to the other party and the parties will attempt to resolve any dispute though information negotiation within 30 days from the date the notice of dispute was sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION. All arbitrations shall be initiated in Palm Beach County, Florida. 15. SEVERABILITY In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions. 16. TERMINATION GYFTT reserves the right to change, suspend, remove, discontinue or disable access to the Use of its website, software or App at any time without notice. In no event shall GYFTT be liable for the removal of or disabling of access to any portion or feature of the Use. You will remain liable for all amounts due and payable to us up to an including the date of termination. 17. WAIVER Enforcement of the Terms of Use is solely in our discretion and our failure to enforce a provision is some instances do not constitute a waiver of our right to enforce such provision in other instances. 18. ASSIGNMENT GYFTT may assign these Terms of Use and its rights or delegate its obligations under without your consent. All provisions contained in these Terms shall extend to and be binding upon your and GYFTT’s successors and assigns. You may not assign these Terms of Use to another person or entity. 19. ENTIRE AGREEMENT These Terms of Use and any policies or operating rules we post on this website or App in respect to the Use constitute the entire agreement and understanding between you and us and govern your use of the GYFTT website or App, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). 20. GOVERNING LAW These Terms of Use and any separate agreements whereby we provide your Use shall be governed by and construed in accordance with the laws of the State of Florida. 21. CONTACT US If you have any questions or concerns regarding these Terms of Use or our services, please contact us at [INSERT EMAIL FOR CONTACT/SUPPORT] or: GYFTT, LLC ATTN: [edit accordingly] CUSTOMER SUPPORT, 400 North Cypress Drive, Suite 20, Tequesta, Florida 33469.