Terms of Service

THESE TERMS CREATE A BINDING CONTRACT.

Last Updated: April 23, 2025

Please read these Terms of Service (“Terms”) carefully because they form a contract between you and GiftBlazer LLC, our partners, employees, officers, directors, sponsors and affiliated companies (“we,” “us” and “GiftBlazer”).

GiftBlazer is an AI‑powered gift‑discovery and referral platform (the “Service”).

Local shops and other independent sellers (“Sellers”) provide information about their products so that users (“Buyers”) can search and link directly to the Seller’s own website to complete a purchase.

GiftBlazer does not sell, process payment for, ship, or physically handle any products, and does not guarantee pricing, descriptions, availability, quality, or suitability of any product listed on the platform.

By using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. If you are using the Service to deliver access to content owned by a third-party, you represent that you have the right to make that access available. If you are agreeing on behalf of an organization, “you” and “your” will refer to that organization. By agreeing to these Terms, you are representing to us that you are over 18 years old. The Service is not directed to children under 13 and we do not knowingly collect personal data from children under 13.

You may use the Service only in compliance with these Terms and only if you have the power to form a contract with us and are not barred under any applicable laws from doing so.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICE

1. FEES

GiftBlazer charges fees to Sellers for using the Service. Sellers agree to pay our fees. GiftBlazer reserves the right in its sole discretion to change fees at any time as it deems appropriate. All fees are non-refundable and non-transferable except as expressly provided in these Terms or as required by law. All fees and applicable taxes, if any, are payable in United States dollars.

If a Seller’s fees are recurring, the Service will automatically renew, unless GiftBlazer terminates it, or the Seller notifies GiftBlazer online or by email to support@giftblazer.com of its decision to terminate its current GiftBlazer subscription. The Seller must cancel any such Service subscription before it renews in order to avoid billing to its credit card or debit to its bank account, as applicable, of subscription fees for the renewal term. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.

Seller authorizes GiftBlazer to make any reasonably necessary inquiries to validate its account and financial information and to retry failed payments and to collect amounts owed using any payment method on file. If the Seller’s payment and registration information is not accurate, current, and complete and the Seller does not notify us promptly when such information changes, we may suspend or terminate the Seller’s account and refuse any use of the Service.

2. SELLER REQUIREMENTS

Sellers agree to comply with the following:

Accurate Representation

Sellers shall provide clear, truthful, and detailed descriptions of all items listed for sale, including, but not limited to, product descriptions, links to the products on your own website and any and all material information necessary to ensure the Buyer’s full understanding of the item being purchased. Sellers shall include accurate, high-resolution photographs depicting the item in its entirety. Sellers warrant that their shipping, return, and refund policies comply with all applicable consumer‑protection and distance‑selling laws.

Shipping and Fulfillment Information

Sellers will state the terms and costs of shipping handling.

Intellectual Property Rights

Sellers represent and warrant that they are the sole and exclusive owner of any content they display on the GiftBlazer site (“Content”) or they otherwise have all necessary rights to all parts of the Content, and that the Content does not infringe any third-party rights.

Sellers grant to GiftBlazer and to third parties it authorizes a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Seller’s Content for the purpose of operating, marketing, and improving the Service. Sellers agree not to assert any moral rights or rights of publicity against us for using their Content.

Listing Maintenance

Sellers shall promptly remove any listings for items that have been sold or are otherwise unavailable. Failure to maintain accurate and current listings may result in penalties, including account suspension or termination.

Listing Discretion

GiftBlazer maintains the right to moderate and remove Sellers’ product listings on its website as it sees fit and without cause. This may include but is not limited to removing inappropriate, false or misleading product listings.

3. BUYER REQUIREMENTS

Buyers agree to comply with the following:

Payments

All payment for gifts will be completed on Sellers’ websites. GiftBlazer does not receive individual personal payment information.

Returns and Refunds

GiftBlazer will not issue returns or refunds. Buyers can contact their Seller with questions or concerns about any purchases.

Shipping and Policy Information

GiftBlazer assists in matching Buyers and Sellers through the Service but is not responsible for shipping or fulfillment. Shipping and fulfillment are the responsibility of the Seller.

4. ACCESS TO THE SERVICE

Only you may use the Service. You must keep your account and passwords confidential and not authorize any third party to access or use the Service on your behalf. It is your responsibility to contact GiftBlazer immediately if your account is hacked, compromised or otherwise misused. You authorize our support staff to access your account and Content solely to provide support or maintain the Service. You are responsible for all activities that take place with your account. GiftBlazer will not be liable for any loss or damage arising from any unauthorized use of your accounts.

If a third party such as an employer gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or store Content in your account.

5. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION

By registering with GiftBlazer, you understand that GiftBlazer may send you communications or data regarding the Service, including but not limited to (a) notices about your use of the Service, and (b) promotional information and materials regarding GiftBlazer products and services, via electronic mail. GiftBlazer gives you the opportunity to opt-out of receiving such non-mandatory electronic mail from us by following the opt-out instructions provided in the message.

GiftBlazer may also send you, in electronic form, mandatory notices about the Service and information the law requires us to provide. GiftBlazer may provide mandatory or required information to you by email at the address you specified when you signed up for the Service. Mandatory or required notices emailed to you will be deemed given and received when the email is sent. You cannot opt-out of receiving mandatory or required notices. If you don't consent to receive mandatory or required notices electronically, you must stop using the Service.

6. MODIFICATION TO THE GIFTBLAZER SERVICE

GiftBlazer reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GiftBlazer will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You acknowledge that GiftBlazer may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other Content will be retained by the Service. You agree that GiftBlazer has no responsibility or liability for the deletion or failure to store any data or other Content maintained or uploaded by the Service. You acknowledge that GiftBlazer reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that GiftBlazer reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Any material modification of the Service under this Section 6 will be governed by the notice procedure in Section 18.

7. SUSPENSION AND TERMINATION OF USE

You may stop using the Service at any time. GiftBlazer reserves the right to suspend or terminate your access to the Service at any time, in its sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, GiftBlazer may suspend or terminate your access to or use of the Service for: (a) the actual or suspected violation of these Terms; (b) the use of the Service in a manner that may cause us to have legal liability or disrupt others' use of the Service; (c) scheduled downtime and recurring downtime; or (d) unplanned technical problems and outages. Where required by law, we will provide you a copy of your personal data in a portable format upon request.

8. THIRD PARTY INTERACTIONS AND LINKS TO OTHER SITES

The Service may contain certain content, products, services and links to other independent third-party web sites, applications or related tools (“Third Party Materials”). These Third Party Materials are provided solely as a convenience to users of the Service. Such Third Party Materials are not under GiftBlazer’s control, and GiftBlazer is not responsible for and does not endorse such Third Party Materials, including any information or materials contained on such Third Party Materials. You will need to make your own independent judgment regarding your interaction with these Third Party Materials. GiftBlazer's Privacy Policy is applicable only when you are using the Service. Once you choose to link to another website or use a third party application, you should read that third party’s privacy statement before disclosing any personal information. If GiftBlazer receives affiliate compensation for a referral, it will clearly label the affiliate link as an advertisement.

9. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

(a) No Warranties

THE SERVICE (INCLUDING ALL CONTENT, DATA, AND LINKS) IS PROVIDED “AS IS” AND “AS AVAILABLE,” AT YOUR OWN RISK, AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIFTBLAZER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS (COLLECTIVELY, “GIFTBLAZER PARTIES”) DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. GIFTBLAZER DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE ACCURATE, RELIABLE, OR COMPLETE.

(b) Third-Party Acts

GIFTBLAZER PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTS, OMISSIONS, OR CONTENT OF ANY USER, SELLER, BUYER, OR OTHER THIRD PARTY IN CONNECTION WITH THE SERVICE.

(c) Exclusion of Certain Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY GIFTBLAZER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).

(d) Liability Cap

TO THE EXTENT PERMITTED BY LAW, THE TOTAL CUMULATIVE LIABILITY OF ALL GIFTBLAZER PARTIES ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED (i) THE AMOUNT OF FEES YOU PAID TO GIFTBLAZER FOR THE SERVICE DURING THE TWELVE (12)-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS (US $100) IF NO SUCH FEES HAVE BEEN PAID.

(e) Mandatory Limitations Not Affected

Nothing in this Section limits liability that cannot be limited under applicable law for death, personal injury, fraud, gross negligence, or willful misconduct. Some jurisdictions do not allow the exclusion of implied warranties or the limitation of certain damages; in those jurisdictions, the above exclusions and limitations apply only to the extent permitted by law.

10. CHOICE OF LAW, JURISDICTION AND VENUE, AND LIMITATIONS

These Terms and the validity thereof shall be governed by and construed in accordance with the substantive laws of the state of Wisconsin, USA, excluding its conflicts of laws principles. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be finally resolved by arbitration administered by the American Arbitration Association. If you are a consumer, the AAA Consumer Arbitration Rules apply; otherwise the Commercial Rules apply. Class and representative actions are not permitted and the arbitrator may award relief only for the individual party. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The seat of arbitration shall be the city of Madison, Wisconsin USA.

11. SEVERABILITY

If a provision of the Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted to the minimum extent necessary to reflect our intent as closely as possible.

12. RELEASE AND COVENANT NOT TO SUE

To the fullest extent permitted by law, you release and covenant not to sue GiftBlazer, our partners, our affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between a Buyer and a Seller. In entering into this release, you expressly waive any protections (whether statutory or common law) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.

13. INDEMNIFICATION

You agree to indemnify us and hold our subsidiaries, affiliates and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (the “Indemnitees”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by us and (if applicable) any Indemnitee resulting from or arising out of your violation of any law, breach of any representation or warranty in this agreement, or infringement of the rights of a third party.

14. INTELLECTUAL PROPERTY

All trademarks, copyrights, software, content, know-how, proprietary technology and information, goodwill and other intellectual property created, developed or licensed by us is the exclusive intellectual property of GiftBlazer. Nothing herein shall create any assignment or license of our intellectual property to you or any third party.

15. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Service, please contact support@giftblazer.com. For your complaint to be valid under the Digital Millennium Copyright Act of 1998 (DMCA), you must provide the following information in writing:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work that you claim is being infringed;
  • Identification of the material that is claimed to be infringing and where it is located on the Service;
  • Information reasonably sufficient to permit GiftBlazer to contact you, such as your address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

16. ASSIGNMENT OF TERMS

You may not assign or transfer this Agreement, by operation of law or otherwise, without the prior written consent of GiftBlazer. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. GiftBlazer may assign or transfer this Agreement, in its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

17. ENTIRE AGREEMENT

These Terms (including the Privacy Policy) constitute the entire and exclusive agreement between you and GiftBlazer with respect to the Service, and supersede and replace any other agreements, terms and conditions applicable to the Service. These Terms create no third-party beneficiary rights. Our failure to enforce a provision is not a waiver of our right to do so later.

18. MODIFICATION TO THE TERMS

GiftBlazer may revise this Agreement from time to time by posting the modified version on its website. By continuing to access or use the Service after the posted effective date of modifications to this Agreement, you agree to be bound by the revised version of the Agreement.